In an article written for Higher Law, the weekly cannabis column published in the American Lawyer, Alex Malyshev, co-chair of the firm’s Cannabis, Hemp & CBD Industry Group, was quoted regarding the U.S. Supreme Court’s (“SCOTUS”) recent request to the solicitor general to weigh in on the impact of federal prohibition of marijuana on state worker’s compensation laws that require employers to reimburse medically prescribed marijuana treatments.
When asked if he believed that SCOTUS was signaling an interest in wading into the field, Alex said, “We can always be surprised, but I don’t think so … Not this time,” noting that SCOTUS has shown no appetite for this in the past. Alex also suggested that the Solicitor General could take the Court’s invitation to affirm the Department of Justice’s renewed support for the 2013 Cole Memo, which discouraged prosecution of state-licensed marijuana operators who comply with state law.
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