• The Regulatory Landscape for the Medical Marijuana Business in Rhode Island and Across the U.S.
  • August 12, 2015 | Authors: David M. DiSegna; Bruce H. Tobey
  • Law Firm: Pannone Lopes Devereaux & West LLC - Providence Office
  • The legalization of medical marijuana use is sweeping the nation. More states are passing legislation that is creating enormous business opportunities for the cultivation and sale of cannabis, and for the development of ancillary businesses to support this industry and job creation. This comprehensive report explores the various regulatory challenges faced by marijuana businesses in today’s market and examines the history of the federal treatment of marijuana, as well as the influence of the U.S. Department of Justice (DOJ) over state regulators. The article takes a deep look at various regulatory schemes across the U.S. and provides information on requirements for entering into the marijuana business and how the evolving federal outlook on marijuana has produced a change in state regulations over time. It also covers the federal Controlled Substances Act and the enforcement priorities of the DOJ with regard to marijuana offenses that are articulated in various DOJ memoranda, which have influenced state regulators in designing various regulatory regimes, which govern the marijuana industry in states that have legalized the sale and use of cannabis for medical or recreational purposes.