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
Tag Archives: cannabis
Employee of Cannabis Dispensary Denied Personal Bankruptcy Relief
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. 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
Cannabis Health Claims Face Increased Scrutiny As More States Roll Out Recreational Dispensaries
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 Cannabis Year-in-Review
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
Biden’s Cannabis Announcement: The Reform We Need or Be Careful What You Wish For?
- Pardons are long overdue. States need to follow the President’s lead
- Descheduling or Rescheduling will take time and would be subject to administrative rule making
- While capital markets could unlock and the heavy drag of 280E could go away, descheduling or rescheduling would create huge challenges for state rules, including social equity, and could result in a wave of interstate commerce
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
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
New York Cannabis Control Board: Seventh Meeting News Highlights
On Thursday, March 10, 2022, the New York State Cannabis Control Board (CCB) of the Office of Cannabis Management (OCM) held its seventh and longest public meeting to date, during which it made significant progress in developing the adult-use regulatory framework contemplated by the Marijuana Regulation and Taxation (MRTA). As detailed further below, the CCB: (i) previewed its proposed conditional adult-use retail dispensary regulations, (ii) approved the application form for conditional cultivator adult-use cultivator licenses and announced the application period for these licenses,… More
WEBINAR: Labor and Employment Law: What Cannabis Employers Need to Know
Cannabis employers face a multitude of challenges in managing their workforces. Some of these challenges begin even before making the first hire. In a highly-regulated industry, workplace issues can quickly snowball into complicated legal challenges for cannabis employers.
Download program materials here.
Foley Hoag LLP partners Christopher Feudo and Allison Anderson – labor and employment attorneys who regularly advise clients in the cannabis industry – discussed wide-ranging legal issues cannabis employers should be thinking about,… More
New York Office of Cannabis Management Weeding Out Unlicensed Cannabis Retailers
If you’re a New Yorker or a person who has visited New York recently, you’ve probably seen or heard of stores selling a product or service to consumers and providing cannabis as a “gift” in return. Others – banking on lack of enforcement – may simply be selling cannabis at retail even though no licenses are yet available. Some of the “dispensaries” are even in the heart of Manhattan. This practice,… More