Tag Archives: marijuana legalization

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

Key Takeaways:

• 
• 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

Today,… More

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

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

On January 25, 2022, the New York State Cannabis Control Board (CCB) held its fifth public meeting. The CCB and Office of Cannabis Management (OCM) made several noteworthy announcements, including the approval of delegation of hiring to the Executive Director to streamline hiring and onboarding, and the roll out of virtual “Cannabis Conversations” planned for different regions in the state, among other items.

Most notably,… 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

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

A Colorado federal jury sided last week with a cannabis cultivation business owner against his neighbor in one of the first Racketeer Influenced and Corrupt Organizations Act (“RICO”) lawsuits against a cannabis grower to reach a jury verdict in the nation.  The plaintiffs in Reilly v. 6480 Pickney brought suit under the federal RICO statute, arguing that certain predicate acts related to marijuana cultivation led to odors and noises emanating from the defendant’s business facility that had damaged plaintiffs’… More

Although the Massachusetts Cannabis Control Commission has begun awarding provisional, adult-use licenses to some entities in the Commonwealth as of July 1, only one retail license has been awarded and, to date, no retail stores have yet opened for business.  One large impediment to opening retail stores is the statutory requirement that all cannabis sold in the Commonwealth for adult use be tested by an independent testing laboratory, which itself must be licensed as such by the Commission. … More