In most jurisdictions, applicants need to evidence some form of site control of the location for which they are seeking to secure a license to operate a cannabis facility.  While some jurisdictions allow provisional applications that let an applicant apply preliminarily without a location or simply identify a location, eventually every applicant needs to evidence control of the proposed site, either in the form of fee ownership, a lease,… More

The Connecticut Department of Consumer Protection (“DCP”) has announced the timeline for adult-use applications, signaling that the Connecticut adult-use marketplace is ready to grow.

DCP will begin accepting applications for certain adult-use cannabis establishment licenses by February 3, 2022. The majority of licenses will be subject to initial license caps as well as a lottery, with the exception of social equity cultivation licenses located in Disproportionately Impacted Areas.… More

2021 has been a big year for the cannabis industry. We have seen several states pass legislation either permitting adult use, or permitting or expanding a medical marijuana program. Some states have introduced new license types, and some have issued new license awards. While the main area of industry growth continues to be at the state level, several bills introduced in Congress this year have indicated that we may see some exciting movement on the federal level in the coming year.… More

The deadline for municipalities in New York State to choose whether they will allow retail sales of adult use cannabis is rapidly approaching. To date, approximately 25% of the state’s towns, and 30% of villages, have enacted local laws banning adult use retail dispensaries and on-site consumption lounges within their jurisdictions. So far, none of the state’s largest cities have opted out, and relatively few cities have opted out generally,… More

On November 23, 2021, the Massachusetts Cannabis Control Commission (CCC) released Draft Guidance on Hemp (Draft Guidance).

Pursuant to a 2020 amendment, adult-use cannabis establishments licensed by the CCC are permitted to cultivate, manufacture, and sell hemp products. This amendment did not give the CCC the authority to regulate hemp or hemp products—that authority remains with the Massachusetts Department of Agricultural Resources, the Massachusetts Department of Public Health,… More

In recently published guidance, Illinois’ main cannabis regulator – the Illinois Department of Financial and Professional Regulation – announced that medical and co-located dispensaries in Illinois must protect patient information in accordance with the stringent privacy and security rules set out in the federal HIPAA statute and attendant regulations.  In particular, medical and co-located dispensaries will be required to undertake a complete HIPAA security risk assessment by December 1,… More

With the third quarter coming to a close and year-end reporting just around the corner, public companies should be giving careful thought to the evolving landscape for climate-related disclosures. While it did not promulgate any new rules in 2021 regarding these disclosures, the SEC has been actively commenting on climate change disclosures, and new rules are almost certainly on the way.

Since 2010, the SEC has made clear that its existing disclosure regime requires issuers to assess and,… More

New York’s Cannabis Control Board (the “Board”) held its first public meeting today, kicking off a series of public meetings that will begin setting the regulations and guidelines for the adult-use cannabis market in New York. Led by Board Chair Tremaine Wright, the meeting was largely administrative. Some notable announcements from the meeting:

• Jason Starr is appointed as Chief Equity Officer to the Office of Cannabis Management (“OCM”).…

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On October 1, 2021, the Department of Consumer Protection (the “Department”) published policies and procedures pertaining to the regulation of Adult-Use Cannabis (the “Regulations”) in accordance with Public Act 21-1. The Regulations outline the operational requirements and restrictions for the Adult-Use program, including the parameters by which individuals and businesses licensed by the Department will operate. The Regulations also set forth policies regarding consumer protections including product quality,… More

The Cannabis Control Commission announced in an August bulletin that it will begin reviewing all Marijuana Research Facility license applications previously submitted to the Commission.

A Research Facility license allows licensees to research cannabis and cannabis products for a variety of purposes, including under certain circumstances, studies involving human subjects. Research Facility licenses can be held by any number of different entities, including academic institutions, non-profits,… More