CUNY Law Review has published my piece: Medical Marijuana Post-McIntosh.
United States v. McIntosh was a recent 9th Circuit decision stating that federal law prohibits the prosecution of these cases when the defendants are otherwise in compliance with state law. If you have any interest in the Medical Marijuana field, please give it a read.
Robert Greenberg was recently featured in this video about New York’s Medical Marijuana laws.
Robert L. Greenberg is a member of both the NORML Legal Committee and the New York Cannabis Bar Association. He is at the forefront of this exciting development in law.
It’s not an April Fools Joke. On March 31st, New York officially released its regulations for Medical Marijuana. They can be found here: PDF.
These are brand-new regulations, so their impact is still unclear, but here are some notable points.
§1004.6 Consideration of registered organization applications.
(a) Applicants for approval to operate as registered organizations shall submit an application to the department, containing the information required in §1004.5, in a manner and format
determined by the department.
(1) Applications shall be accompanied by a non-refundable application fee in the amount of $10,000.
(2) The registration fee for the registration period shall be $200,000. Applicants shall submit the registration fee by certified check at the time of submission of the application. The registration fee shall be returned to the applicant if the applicant is not granted a registration under this part
It also states that dispensaries may only provide a 30-day supply to patients, and the regulations specifically delineate who may become a patient. The specific medical conditions include:
(i) cancer; (ii) positive status for human immunodeficiency virus or acquired immune deficiency syndrome, provided that the practitioner has obtained from the patient consent for disclosure of this information that meets the requirements set forth in sections twenty-seven hundred eighty and twenty-seven hundred eighty-two of the public health law; (iii) amyotrophic lateral sclerosis; (iv) Parkinson’s disease; (v) multiple sclerosis; (vi) damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity; (vii) epilepsy; (viii) inflammatory bowel disease; (ix) neuropathies; (x) Huntington’s disease; or (xi) any other condition added by the commissioner.
How the regulations are enforced, and when clinics can be established have yet to be seen. However, it is clear that NY is taking steps towards legal medical marijuana. Soon for-profit and not-for-profit institutions can start producing and distributing medical marijuana to those patients who need it.
Medical Marijuana Card
Big week for the firm of Robert L. Greenberg, P.C.
We convinced the Bronx District Attorney’s Office to decline to prosecute in a case involving possession of a controlled substance–our client’s own prescriptions, in his own home.
Later in the week the Brooklyn DA’s Office dismissed all the charges in another case. In that case, our client was arrested for Felony Burglary as a Domestic Violence charge, and now is a free man.
These are only possible with zealous advocacy. Let our firm do this for you too. We’re only a phone call away: (800) 3-RLG-LAW.
Four years ago, a Kansas man donated sperm, but now the courts want him to pay child support.
Another example of how technology is several steps ahead of law, because these questions have yet to be fully answered. If he is “just” a sperm donor, he is not on the hook—or so we thought.
Nearly four years ago, Marotta donated sperm in a plastic cup to a lesbian couple after responding to an ad they had placed on Craigslist.
Marotta and the women, Topekans Angela Bauer and Jennifer Schreiner, signed an agreement holding him harmless for support of the child, a daughter Schreiner bore after being artificially inseminated.
But the Kansas Department for Children and Families is now trying to have Marotta declared the 3-year-old girl’s father and forced to pay child support. The case is scheduled for a Jan. 8 hearing in Shawnee County District Court.
If Marotta were declared the father, would that eliminate Bauer’s obligations to the child? This will be an interesting case to follow, but is also an important lesson for future donors. If it is held that the donors are liable for the child’s costs, then donations will necessarily plummet. Another example of basic economic incentives at work: If the costs of donations increase, then donations will decrease.