Certain Cannabis Industry Workers Are Not “Employees” Under Federal Labor Law; Could Be Covered by Mass. Law

In a recent decision, the Regional Director of the National Labor Relations Board (NLRB) for Region 1 (covering most of New England) found that a majority of employees of a cannabis cultivation and processing facility were “agricultural laborers” within the meaning of the National Labor Relations Act (NLRA) and therefore not subject to the jurisdiction of the NLRB.  The decision means that the union can attempt to organize the workers pursuant to Massachusetts law,… More

A Green Wave Goes to Washington

There has been a significant amount of political punditry over the last several months about an electoral “Blue Wave” coming this November. President Trump is at historical lows of job approval and favorability and much of today’s public polling points towards a Democratic sweep at the ballot box in two weeks’ time. In fact, according to FiveThirtyEight, the online data and analytical website, former Vice President Biden has an 87% chance of winning the Presidency;… More

What is Happening with New Jersey’s 2019 Medical Cannabis Licensing Round?

New Jersey is an emerging cannabis marketplace with a litigation problem. Litigation is not uncommon for competitive application rounds, and unfortunately, New Jersey’s 2019 request for applications (the “2019 RFA”) for twenty-four (24) medical alternative treatment centers (“ATCs”) (inclusive of four (4) vertically integrated permits, five (5) cultivation permits, and fifteen (15) dispensary permits) has been held up for close to a year due to a challenge by a few disqualified entities that subsequently obtained a stay of the process from the Superior Court of New Jersey,… More

What Does the New Jersey Cannabis Ballot Question Actually Mean – and What are the Next Steps?

Cannabis is on the ballot in New Jersey for the November 3, 2020 election (the “Referendum”), but what does that actually mean? Assuming it passes, does that mean I can grow at home? Open my own shop? Sell at my leisure? This article will briefly address what the Referendum does address, what it does not, and where the State, citizens, and entrepreneurs go from here.

As many are painfully aware,… More

The State of Cannabis in the State of New Jersey

The Garden State’s cannabis marketplace is finally on the verge of coming into full bloom. While New Jersey has been perpetually on the verge of something big in cannabis over the last several years, where is New Jersey now and where is it going? With a medical marketplace poised to eclipse over 100,000 patients in the coming months, and the voters of New Jersey on the precipice of passing adult-use cannabis by referendum on November 3,… More

Vermont Moving Toward Legalizing Recreational Marijuana

The Green Mountain state has taken a significant step toward legalizing recreational cannabis.  On September 17, 2020, the Vermont House of Representatives adopted the Conference Committee report for S.B. 54, an act relating to the regulation of cannabis.  The Conference Committee has had custody of the bill since early this year and was tasked with reconciling the significant differences between the bill and a similarly-intentioned, but substantively different,… More

Illinois Adult Use Licensing Decision Draws Legal Challenge

Illinois’ widely-watched application process for handing out 75 adult-use cannabis dispensary licenses has now wound up in federal court, following the September 4, 2020 filing of a lawsuit by several unsuccessful applicants.  The state on September 3, 2020 announced its intention to complete the licensing process – which had already been delayed several months – through a lottery including 21 of the roughly 700 dispensary applicants.

Many of the plaintiff applicants are owned by veterans,… More

Rhode Island Currently Receiving Applications for Compassion Center Licenses

The Office of Cannabis Business Regulation within the Rhode Island Department of Business Regulation is currently accepting applications for six new Compassion Center licenses.  One license will be awarded for each of the six zones delineated in the license application materials, and applicants must apply for a license in a specific zone.  The application period commenced on July 17, 2020 and will remain open until 3 p.m. on December 15,… More

CCC Sets the Table for Vote on Proposed Regulatory Changes

On August 28, 2020, the Cannabis Control Commission held a meeting to discuss the public comments on proposed amendments to the Commission’s adult-use and medical marijuana regulations.  By way of background, the Commission posted draft regulatory amendments in late July, hosted a public hearing on the amendments on August 3rd and accepted written public comments on the amendments until August 15th.  Since the 15th, the Commissioners and staff have reviewed all of the public comments and considered whether any warranted reconsideration of,… More

The Cannabis Control Commission Weighs Structural Changes to MTC

Spurred by Commissioner Kay Doyle, the Cannabis Control Commission has solicited public comments on whether it should dismantle the vertical integration model for Marijuana Treatment Centers in the Commonwealth.  In a formal public notice dated August 11, 2020, the Commission explains that it will be considering whether to allow vertically-integrated MTCs to, subject to existing licensing caps, apply for certain adult-use endorsements, including cultivation, marijuana product manufacturing, or retail endorsements,… More