The only guarantees in life are death, taxes, and cannabis lawsuits, and New York is no different. In a cannabis marketplace plagued by fits and starts, the New York Cannabis Control Board (“CCB”) Office of Cannabis Management (“OCM”) have been joined to another lawsuit alleging that its actions to date are ultra vires.

The Coalition for Access to Regulated and Safe Cannabis, an unincorporated trade association consisting of Registered Organizations (vertically integrated medical cannabis permit holders),… More

• Recently introduced Maryland House Bill 556 contains essential provisions for persons or entities interested in participating in the cannabis industry in Maryland.
• On or before July 1, 2023, all current medical cannabis licensees in Maryland would be allowed to convert their licenses to medical and adult use.
• There would be a limited number of several types of new licenses issued.
• The first round of licensing,…

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The U.S. Drug Enforcement Agency (“DEA”) identified this week that it considers certain types of novel cannabinoids to be federally illegal schedule I substances, even if they were derived from hemp.

As many are aware, the legality of hemp-derived products often spurs more questions than answers. Moreover, intoxicating cannabinoids are not alone in that regard, as the U.S. Food & Drug Administration (“FDA”) just recently concluded that existing regulatory frameworks for foods and supplements are not appropriate for cannabidiol (CBD),… More

While most bankruptcy cases have denied access to federal bankruptcy courts for cannabis and cannabis-related businesses, a Nevada bankruptcy court allowed a chapter 11 case to continue where the Debtor sought to liquidate, for the benefit of its creditors, its shares in a legal Canadian cannabis business. This decision in In re The Hacienda Company, LLC signifies an increasing comfort level by bankruptcy judges to allow federal bankruptcy relief where the debtor is not continuing to engage in activity in violation of the federal Controlled Substance Act of 1970 (the CSA).… More

There has been big news out of the Sunshine State. The Florida Office of Medical Marijuana Use has set the due date for applications for 22 more Medical Marijuana Treatment Center licenses. The applications will be due no earlier than April 24, 2023 and no later than April 28, 2023 at 5:00 PM. Among many other criteria, the license application requires the applicant entity to have been registered to do business in the state of Florida for the previous five consecutive years;… More

Big news out of the Sunshine State today. The Florida Office of Medical Marijuana Use has set the due date for applications for 22 more Medical Marijuana Treatment Center licenses. By Emergency Rule published today, the OMMU set an application due date of window of 9:00 AM on April 24, 2023 through 5:00 PM on April 28, 2023, and will make available for award 22 vertically integrated MMTC licenses. … More

In a case of first impression, a bankruptcy court refused to allow an individual to receive bankruptcy relief because he was, and continued to be, employed by a cannabis business.[1]  The United States Bankruptcy Court for the District of Massachusetts (Central Division) recently dismissed the chapter 13 bankruptcy case of a debtor who proposed to use his wages from his employment at a marijuana dispensary to fund a chapter 13 plan of reorganization.… More

As the number of adult-use states continues to grow—with New York, New Jersey, Connecticut, Rhode Island, and Vermont recently joining the ranks—the scrutiny of cannabis-related advertising has grown with it.  In recent years, state and federal regulators have made it clear that cannabis claims are a priority, especially claims stating or implying a health benefit.  Most of the attention to date has been on CBD products and claims, but as THC products hit the shelves in more and more states,… More

2022 has been a rollercoaster of a year for the cannabis industry. On the upside, several states have passed legislation to either permit adult use or permit a medical marijuana program. Federally, simple possession cannabis offenses have been pardoned and legislation was passed to allow for research into cannabis. On the downside, the industry has been in a slump as the market gets more crowded and investor streams are drying up.… More

The New Jersey Cannabis Regulatory Commission (“CRC”) has been busy in 2022 reviewing thousands of applications submitted for Class 1 Cultivators, Class 2 Manufacturers, and Class 5 Retailers, and has added an additional use – consumption lounges – that will undoubtedly be met with additional applications and activities for those endorsements in 2023 and beyond.

By way of brief background and reminder, at the end of 2021,… More