New York Races to Finish Line on Legalized Cannabis

On the heels of recent legalization and/or implementation efforts in states like Virginia, New Jersey, and Arizona, New York is now positioned to become the 17th state in the country to legalize adult use cannabis.

Assembly Majority Leader Crystal Peoples-Stokes, D-Buffalo, the sponsor of A.B. 1248, the Marijuana Regulation and Taxation Act (“MRTA”), has indicated that the New York Legislature will vote on a cannabis legalization bill sometime next week.… More

What Cannabis, Hemp, and CBD Companies Need to Know about the PACT Act

Vape product sellers face a new legal landscape after Congress recently expanded the Prevent All Cigarette Trafficking (“PACT”) Act to cover vaping devices. The amendments to the PACT Act came in the waning days of 2020 as a little noticed addition to a consolidated budget and Covid-19 relief bill.

The requirements of the PACT Act now apply to all Electronic Nicotine Delivery Systems, or “ENDS”, which are defined as: “any electronic device that,… More

Merrick Garland Signals New Stance on Marijuana Policy if Confirmed as Attorney General

Prior to his Judiciary Committee confirmation hearing last week, Judge Merrick Garland had not clarified his views on marijuana policy and how he would approach the issue if confirmed as Attorney General. However, after his confirmation hearing, we can almost certainly expect to see the Justice Department shifting back towards the Obama-era approach and limiting resources spent on federal marijuana enforcement.

During the first day of the confirmation hearings last week,… More

New Jersey Cannabis – Right Place, Right Time

New Jersey Cannabis had itself a week. Following a recent decision permitting the New Jersey Department of Health, Medical Marijuana Division (“DOH”) to continue scoring its 2019 Request for Applications (“2019 RFA”) and award twenty-four (24) additional medical cannabis licenses, New Jersey doubled down; with Governor Murphy not only signing into law the adult-use enabling legislation, but also finally appointing the remainder of the Commissioners to the five (5) person Cannabis Regulatory Commission (“CRC”).… More

Watch Now: M&A Forum – SPACs – Fad or Here to Stay

Special purpose acquisition companies (SPACs) have been gaining traction as one of the most popular exit strategies over the last year. They have been pitched as an easier way to go public because of the ease of working with one partner versus the large courting that typically happens with an IPO. But…is it too good to be true? Is this a fad or is it here to stay?

Our webinar panelists provide an overview of what a SPAC is,… More

Federal Legalization – Straight from the Regulators’ Mouth

As many are well-aware, the Cannabis Regulators Association (“CANNRA”) was formed at the end of 2020 with the goal of sharing institutional knowledge and regulatory best practices in order to assist federal, state and local jurisdictions that have approved or are considering approving the legalization of cannabis. The goals and collective wisdom of a body like CANNRA have only become all the more important with growing discussions as to whether and in what format cannabis should be legalized at the federal level.… More

The Stay is Lifted – NJ Medical Cannabis Expands

“The stay previously entered by this court is hereby vacated.”

As many are well-aware, the cannabis industry has been plagued by litigation, and New Jersey’s recent experience is no different. Indeed, New Jersey has taken great strides to expand its medical marketplace, with the patient population recently eclipsing 100,000 total patients. Moreover, the New Jersey Department of Health, Medical Marijuana Program (“DOH”) was on pace towards expanding access and production to meet this patient demand,… More

Virginia: The Road to Adult Use Cannabis Legalization

The Virginia General Assembly is currently considering adult use cannabis legalization this session. Governor Northam has made it a priority. The legislative black caucus has endorsed it and the legislative sponsors in both chambers are senior members of their caucuses.

However, there remain a few hurdles to passing this legislation.

First, the adult use legislation does not guarantee adult use cannabis licenses to the existing medical cannabis operators in the Commonwealth.… More

City of Northampton Nixes 3% Impact Fee in Host Community Agreements

In what appears to be a win-win for the city and cannabis businesses, the City of Northampton announced it is dropping the 3% community impact fee it collects from marijuana establishments and medical marijuana treatment centers. Instead, the City will collect an impact fee only after identifying a specific cost incurred by the community. The change applies to both existing and prospective licensees.

Massachusetts law allows communities to collect a fee—limited to 3% of gross sales and for the first 5 years—in order to pay for costs associated with hosting a cannabis business.… More

Massachusetts’ Highest Court to Hear Two Cases on Municipality Discretion in Cannabis Licensing

On February, 3, the highest court in Massachusetts, the Supreme Judicial Court (“SJC”) will hear two cases involving municipalities’ scope of authority in allowing adult-use cannabis businesses, Mederi Inc. v. City of Salem and CommCan, Inc. v. Town of Mansfield.

The facts leading up to the Mederi case began nearly three years ago in 2018 when Mederi Inc. was denied a host community agreement (“HCA”) with the city of Salem following a Committee of applications for more than the City’s five allotted marijuana retailer slots.… More