Robert M. Kline
Subscribe to Robert M. Kline's PostsRobert M. Kline focuses his practice on complex litigation and sensitive internal investigations, with an emphasis on health care law, class action defense in state and federal courts, demutualization disputes, non-competition agreements and Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA). Read Robert Kline's full bio.
Congressional Committee Takes Historic Step Toward Decriminalizing Marijuana
By Robert M. Kline on Nov 25, 2019
Posted In Cannabis, Legislation
For the first time in American history, a congressional committee approved a marijuana legalization bill. On November 20, 2019, after more than two hours of debate, the House Judiciary Committee approved the Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 (H.R. 3884) in a 24 to 10 vote. If the MORE Act becomes law,...
Continue Reading
Courts Are Siding with Employees Who Use Medical Marijuana
By Robert M. Kline on Jun 19, 2019
Posted In Cannabis, Legislation
Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based workplace drug screenings tested positive for marijuana. Notwithstanding marijuana’s illegality under federal law, 33 states and the District of Columbia have legalized marijuana...
Continue Reading
If the DEA Does Not Quickly Reexamine Marijuana’s Classification Under the Controlled Substance Act, the Second Circuit Might
By Robert M. Kline on Jun 10, 2019
Posted In Cannabis
“Plaintiffs claim that marijuana has extended their lives, cured seizures and made pain manageable. If true, these are no small things.” So wrote Judge Calabresi on behalf of the United States Court of Appeals for the Second Circuit (Second Circuit) in Washington, et al. v. Barr, et al. In Washington, a coalition of plaintiffs launched...
Continue Reading
Congress Can Open Financial Institutions to Legal Cannabis Industry with SAFE Banking Act
By Anthony DeMaio and Robert M. Kline on Apr 26, 2019
Posted In Cannabis
Federal statutes create risk for banks that want to operate in the cannabis space. Banks face the threat of civil actions, asset forfeiture, reputational risk, and even criminal penalties if they do business with customers in the cannabis industry. Further, because most banks will not touch cannabis money, the growers, processors, and retailers in the...
Continue Reading
Interstate Hemp Transportation: A Cautionary Tale
By Robert M. Kline on Apr 23, 2019
Posted In Cannabis
Unlike hemp, marijuana still is subject to state statutes and the federal Controlled Substances Act. The legal distinction between hemp and marijuana is too subtle for the human eye, or a trained K-9’s impressive nose, and it has created a quandary for interstate hemp shippers. Until federal law clarifies interstate commerce laws pertaining to hemp,...
Continue Reading
