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Marijuana in Delaware: Legislative Updates
As Delaware courts test the anti-discrimination provision of the medical marijuana statute, the state legislature has been taking a hard look at marijuana as well. Legalization, decriminalization, and expansion to the medical marijuana program are all on the table.
Regarding the potential for Delaware legalizing recreational marijuana, we renew our 2018 prediction that this is still not likely in 2019. Especially with the retirement of both the House and Senate champions at the end of last session and a failed floor vote in the House in June. That said, it is possible that with so many new faces in legislative hall, fifteen out of sixty-two, there are surprise support votes that come to light. No bill has been filed, but one is anticipated.
As the legalization pathway or non-pathway becomes clearer, the legislature is taking another pass through decriminalization and medical marijuana.
First, Senate Bill 45 extends previous adult decriminalization to persons under the age of 21. If passed, the penalty for possession, use, or consumption of a “personal use” quantity of marijuana would go from criminal to civil.
As frustration builds on the legalization side, pressure also mounts to streamline and enlarge the medical marijuana program. While new dispensaries are opening, now numbering four around the state, the statutory pathways to qualify for a card for their use are being revisited. More ›
ShareHealthcare & The Governor’s Budget
As Joe Biden once quipped, “[d]on’t tell me what you value; show me your budget and I’ll tell you what you value.” January 24th is budget day in Delaware. The day to see Governor Carney’s values.
The Governor gave his address at 11 am at the State Archives to a packed room of journalists, legislators, and stakeholders. That afternoon, the two “money bills” representing the state budget were filed. So, let’s talk healthcare and the Governor’s Recommended Budget (GRB) of $4.433 billion. More ›
ShareTemporary Stopgaps Extend Federal Court Operations Through January 31st
The Administrative Office of the U.S. Courts estimates that federal court operations will remain funded through Jan. 31, 2019. The extension has been achieved by deferring non-critical operating costs and the usage of court filing fees and other available funds.
Court System Notices
- US Courts: Judiciary Has Funds to Operate Through Jan. 31
- DE District Court: Notice Regarding Court Operations During Lapse in Appropriations
- DE Bankruptcy Court: Notice Regarding Court Operations During Lapse in Appropriations
Litigation and filings will continue in Delaware during the federal government shutdown. If you have questions, please contact our Director of Client Relations Dawn Sheiker (302.888.6804; dsheiker@morrisjames.com).
ShareHealthcare in Delaware’s 150th – What to Look for after the State of the State
Delaware Governor John Carney delivered his third State of the State address yesterday, January 17th, in the Senate Chamber. For the healthcare world, what was in it was just as interesting as what was not in it. Highlights included re-emphasis of his existing benchmark proposal as well as Lt. Gov. Hall-Long’s work on mental health and addiction. Looking forward, he signaled a shift in focus to promoting healthy lifestyles, stating support to “raise the age for purchasing cigarettes from 18 to 21.” We’ll unpack these a little more below, but interestingly what didn’t make it in there was any talk about the outcomes of the Medicaid Buy-In Task Force (to not buy the lede – Delaware may become an individual mandate state) or the Primary Care Collaborative, both of which released major reports just a few weeks ago. More ›
Governor John Carney Delivers State of the State Address
Here’s a first look at Governor Carney’s State of the State today, January 17. Plenty of air time on a wide range of healthcare issues, including spending benchmarks, addiction, mental health, raising the legal age to purchase tobacco to 21, and even prison healthcare system reform. All in all an ambitious agenda for the 2019 legislative session.
Replay video and view the online story.
ShareBruce Tigani to Present on the New Tax Act at the Delaware Tax Institute on December 7
A frequent lecturer on The Tax Cuts & Jobs Act of 2017 since its passage in late December, Bruce W. Tigani will be presenting on the New Tax Act at the upcoming Delaware Tax Institute on December 7, 2018. His presentation will focus on the Qualified Business Income (QBI) Deduction and Choice of Entity Planning & Developments, including the recently announced guidance from the IRS impacting S corporation shareholders, LLC members, and proprietors. Bruce will conclude with case-study comparisons illustrating the impact of the QBI deduction and other aspects of the New Tax Act on entity selection for doing business. More ›
U.S.News - Best Lawyers® Recognizes Morris James LLP Among Best Law Firms
The 2019 U.S. News – Best Lawyers® annual guide of the “Best Law Firms" recognizes Morris James as a "Best Law Firm" in the national category of Litigation-Mergers & Acquisitions as well as 25 additional categories for their Delaware practices. More ›
Delaware Today Recognizes 38 Morris James Attorneys in its Top Lawyer Issue
Morris James Takes the Lead in Delaware Today Top Lawyers Survey
Morris James LLP is pleased to announce that the lawyers listed below were recognized as Top Lawyers by their peers in a survey of Delaware attorneys conducted by Delaware Today magazine. Morris James had more top lawyers and top vote-getters than any other law firm in Delaware. Thirty-eight attorneys were named in 20 practice areas. More ›
ShareBruce Tigani Presents on the New Tax Act at the Delaware Trust Conference
Bruce Tigani, chair of Morris James' Tax, Estates and Business practice, presented on the New Tax Act at the Delaware Trust Conference held October 24th. http://bit.ly/2q4t3WF
(L-R) Bruce Tigani, Jordan Rosen, Jerry Grossman
With a law career spanning over 30 years, Bruce maintains a broad-based business, tax, healthcare and real estate practice. In providing clients an integrated focus to both transactional and planning aspects essential to their needs, Bruce delivers a coordinated and comprehensive approach to the representation of regionally based closely-held businesses, professional practices, and individuals.
ShareDelaware’s Incremental Grapple with E-Cigs
Earlier this month the FDA announced that use of electronic cigarettes (or “e-cigs”) reached epidemic proportions among teenagers and it is cracking down. It placed the burden on five manufacturers to prove their devices are not being sold to minors and sent out notices to retailers reminding them of the prohibition against selling to minors under federal law. Delaware has had this same debate in slow motion starting in 2014, attempting to leverage its three main regulatory strategies: sales to minors, Clean Indoor Air Act, and taxes.
Delaware’s three major mechanisms are as follows:
- 11 Del.Code §§ 1115-27 - Prohibition of Tobacco Sale to Minors
- 16 Del.Code §2901 et al. - Clear Indoor Air Act
- 30 Del.Code § 5301 et al. - Tobacco Excise Tax
Morris James Named a Top Work Place for Mid-sized Employers in Delaware Eleventh Consecutive Year
Morris James was named a top work place for mid-sized employers in Delaware for the eleventh consecutive year. This year's top workplace honor makes Morris James the only law firm in Delaware to be consistently top-ranked in the mid-sized employers category for the past eleven years. More ›
Best Lawyers® Recognizes 29 Morris James Attorneys in Thirty-two Practice Areas
Twenty nine Morris James attorneys in thirty-two practice areas were selected by their peers for inclusion in The Best Lawyers in America© 2019 edition. Additionally, three of those attorneys were named “Lawyer of the Year” for their respective practices, including David H. Williams for Education Law, Employment Law – Management, and Litigation – Labor and Employment, Richard Galperin for Healthcare Law, Medical Malpractice - Defendants, and Personal Injury Litigation – Defendants, and John M. Bloxom, IV for Real Estate. Congratulations to Kenneth L. Dorsney, Shannon S. Frazier, Kevin G. Healy, Eric J. Monzo, John H. Newcomer, Jr., K. Tyler O’Connell and Jill Spevack Di Sciullo for being recognized for the first time. More ›
SharePrescription Monitoring Programs, Patient Privacy & SCOTUS
In a previous post, we discussed how the opiate crisis has been blurring the lines in historic health policy, most recently as it comes to the tenability of taxes and fees on medications. Let’s now put on another pair of glasses and look at health policy through the eyes of law enforcement, particularly as it pertains to the prescription monitoring program, patient privacy, and House Bill 458.
House Bill 458 is a short bill. The meat of it is an innocuous strike-through of four words from the prescription monitoring program statute: “by an identified suspect.” Before we jump into exactly why that matters, let’s set a little context.
What’s a prescription monitoring program (PMP, or, in some states, a PDMP – Prescription Drug Monitoring Program)? Simply put, it’s a database of all controlled substances prescribed and dispensed to patients in Delaware. As section 4798 of Title 16 of the Delaware Code states, “It is the intent of the General Assembly that the Delaware Prescription Monitoring Act established pursuant to this section serves as a means to promote public health and welfare and to detect the illegal use of controlled substances. The Delaware Prescription Monitoring Act shall have the dual purpose of reducing misuse and diversion of controlled substances in the State while promoting improved professional practice and patient care.” More ›
ShareAllyson DiRocco to Talk with First Healthcare Compliance on the Americans with Disabilities Act
Tune in July 16th to hear Morris James LLP employment attorney Allyson Britton DiRocco & Catherine Short of First Healthcare Compliance discussing the Americans with Disabilities Act (for employers) on 1st Talk Compliance - a HealthcareNow Radio talk show. Recorded versions will air 7:30 am, 3:30 pm, and 11:30 pm daily M-F for a month.
Kimberly Hoffman to Present on Practical Guide to Zoning and Land Use Law
Morris James partner Kimberly Hoffman will speak at The National Business Institute Zoning and Land Use Law Seminar on Thursday, July 12, 2018 at Dover Downs Hotel & Casino in Dover, Delaware. Click here to view full program details and registration information.
