Massachusetts Legislature Passes Host Community Agreement (HCAs) Reform Legislation

Key Takeaways:

  • The Massachusetts Legislature has proposed new limitations on community impact fees, which may change the dynamic of the relationship between licensees and their host communities.
  • Once effective, the Cannabis Control Commission would be charged with reviewing the community impact fee provisions of both new and existing HCAs for compliance.
  • Specific limitations on community impact fees include a prohibition on fees tied to a percentage of gross sales.…
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Senators Schumer, Booker, and Wyden File Long-Awaited Federal Cannabis Bill

Yesterday, Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) formally filed the much-anticipated Cannabis Administration and Opportunity Act (CAOA), a comprehensive bill to decriminalize, regulate, and tax cannabis. If passed, the CAOA would end federal cannabis prohibition by removing cannabis from the Controlled Substances Act, and establish a federal regulatory framework to “protect public health and safety;… More

Cannabis Control Board Approves Regulations & Application for Conditional Adult-Use Retail Dispensary Licenses

It’s official: New York’s first cannabis dispensaries will be owned by social equity applicants who have prior cannabis-related convictions.

During Thursday’s meeting, the Cannabis Control Board (“CCB”) voted to adopt final regulations for the (CAURD) licenses. The Board also signed off on a mockup of the application, which can be found here. In order to qualify for a CAURD license, applicants must prove they are justice-involved (meaning they or a direct family member were convicted of a marijuana crime before March 31,… More

Accessing the Medical Cannabis Markets in DC and Virginia Just Got a Little Easier

Medical Cannabis in the DMV

Continuing this year’s trend of increased access to legal cannabis in the Maryland, DC and Virginia area that started with Maryland adding legalization to the ballot in November, DC and Virginia recently relaxed the requirements for accessing their licensed medical cannabis dispensaries, which should result in increased customers and sales.

Washington, DC

In Washington,… More

OCM TO BEGIN ACCEPTING CONDITIONAL ADULT USE PROCESSOR APPLICATIONS

The Cannabis Control Board (the “Board”) held a public meeting earlier today during which it advanced several key components of the innovative Seeding Opportunity Initiative, which positions individuals with prior cannabis-related criminal offenses to make the first adult-use cannabis sales with products grown by New York farmers. Here are some key takeaways from the meeting:

New License Application Period for Conditional Adult Use Processor Licenses

During the meeting,… More

Massachusetts May “Decouple” From Section 280E

Key Takeaways:

  • Massachusetts is on the brink of becoming the next member of a growing number of states that are “decoupling” from Section 280E, the federal tax law that severely limits the extent to which cannabis-related businesses can deduct expenses for income tax purposes.
  • If pending legislation is enacted, such limitations would not apply for Massachusetts state income tax purposes, leading to potential tax relief for Massachusetts cannabis-related businesses.…
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OCM Community Outreach Continues: Conditional Adult Use Retail Licensing Workshop

The New York State Office of Cannabis Management hosted a “Get Ready, Get Set,” workshop to provide community members with vital information about the Marijuana Regulation and Taxation Act (MRTA) and the conditional adult use retail dispensary (CAURD) licenses at the Schenectady Public Library on June 8, 2022. Key takeaways from the meeting include:

  • CAURD eligibility requirements: people with a previous cannabis conviction in NYS or their eligible family members or non-profit organizations serving justice involved people.…
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RHODE ISLAND BECOMES 19TH STATE TO END MARIJUANA PROHIBITION

On May 24th, Governor Daniel McKee signed the Rhode Island Cannabis Act  (the “Act”) into law, making the Ocean State the 19th state to legalize cannabis for adult-use. While adult-use retail sales will not launch in the state until on or after December 1, 2022, adults 21 and older can now legally possess up to one ounce of cannabis and grow up to six plants for personal use,… More

Office of Cannabis Management Announces Get Ready, Get Set Cannabis Workshops

The Office of Cannabis Management has announced a series of  “Get Ready, Get Set” virtual workshops to provide information for those looking to apply for the Conditional Adult-Use Retail Dispensary (“CAURD”) Licenses to sell cannabis in New York. The CAURD licenses will be the first round of adult-use retail licenses issued in New York.

To be eligible for the CAURD license, applicants must:

  • Have had a pre-MRTA cannabis related offense in the State of New York,…
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WEBINAR: Trademark and Advertising Basics for Cannabis Companies

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Companies should be paying attention to these issues out of the gate.

Foley Hoag presented a webinar covering a range of topics related to cannabis trademark protection and promotion of cannabis-related goods and services, including:

  • Maximizing trademark rights at the federal and state level
  • Leveraging alternative IP strategies for brands
  • Advertising best practices and what not to say
  • FDA regulation of cannabis and cannabis-derived products
  • CBD,…
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