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LEGAL ALERT: Arizona Supreme Court Decides ‘Medical Marijuana’ Includes Extracted Resin
The highly anticipated Arizona Supreme Court opinion in State of Arizona v. Rodney Christopher Jones has been released: By a unanimous 7-0 vote, the Court held on Tuesday that “marijuana”, as used in the Arizona Medical Marijuana Act (“AMMA”) approved by voters in 2010, includes the plant’s dried-leaf/flower form and its extracted resin, including hashish.
What does the Court’s decision mean for the medical marijuana community? It means registered qualifying patients in Arizona no longer have to worry about being convicted under Arizona criminal code for possessing allowable amounts of cannabis resin in compliance with the AMMA.
Posted by Camila Alarcon
This year’s Liquor Omnibus Bill (H.B. 2281), signed by Governor Ducey on April 26, 2019, is chock-full of new alcohol licensing opportunities for retail centers. Restaurants and bars will be able to overlap liquor licenses and sell alcohol in shared spaces. For owners and managers of retail spaces of over 400,000 square feet, the Department of Liquor Licenses and Control will establish a pilot program to allow the consumption of alcohol throughout pedestrian common areas.
Both of these changes constitute a complete turnaround from the one business, one license rule.
Gammage & Burnham partners Cameron Artigue and Chris Hering won an important victory in the Arizona court of appeals on April 5, when the court clarified that hospital lien rights extend to and include “medpay” policies issued by auto insurance companies. Under Arizona law, hospitals have liens on the personal injury claims of their patients, as well as related claims on all types of insurance except for “health insurance.” An insurance company that pays out benefits without first satisfying the lien claim is liable to pay the hospital to satisfy its lien. Farmers Insurance issued a large medpay policy, which it paid to its insured policyholder without first satisfying the lien claim of G&B’s hospital client.
Posted by Rick Mahrle
The Department of Labor (“DOL”) has proposed a new federal overtime rule that would raise the salary requirement for workers who qualify for the white-collar exemptions. The required salary would be raised from $23,660 to $35,308 per year ($679 a week).
If this feels like déjà vu, there is good reason. In 2016, the DOL approved a rule increasing the salary threshold to $47,476. That rule was blocked by a court in Texas. As a result of the Texas court’s 2016 ruling, the salary requirement remained at $23,660 per year ($455 per week).
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