Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road. This is especially true for a cannabis business for two principal reasons. First, cannabis businesses are highly regulated at the state and local level. Second, cannabis generally remains illegal at the federal level. A standard retail space lease is just not going to suffice. So the question is, what does a cannabis business need to do and watch for when obtaining a retail space?
Continue Reading Podcast: Securing Retail Space for Your Cannabis Business (Episode 2 of 2)

The Department of Justice’s move to reclassify marijuana as a less dangerous drug, on which it began formal proceedings on May 16, won’t legalize state-level adult-use and medical marijuana unless it’s produced, sold, and used within the regulations of the Controlled Substances Act. Banks and other financial institutions may have questions on how these changes could affect their ability to service cannabis businesses.
Continue Reading Marijuana Reclassification Impacts Bank Servicing of Businesses

Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road. This is especially true for a cannabis business for two principal reasons. First, cannabis businesses are highly regulated at the state and local level. Second, cannabis generally remains illegal at the federal level. A standard retail space lease is just not going to suffice. So, the question is, what does a cannabis business need to do and watch for when obtaining a retail space?
Continue Reading Podcast: Securing Retail Space for Your Cannabis Business (Episode 1 of 2)

In accordance with Ohio’s new adult-use marijuana legislation, applications for initial dual-use marijuana licenses will be made available by the Division of Cannabis Control (DCC) on its website no later than this Friday, June 7 – a historic day in the state.

The first licenses to be issued will not be available to the general public but will be issued only to currently licensed medical marijuana cultivators, processors, laboratories, and dispensaries.
Continue Reading Ohio’s Dual-Use Marijuana License Applications Available June 7

Once rescheduling occurs (or possibly even before), the IRS may publish guidance on how rescheduling affects Section 280E and the deduction of marijuana-related expenses. In the meantime, cannabis businesses may consider working with their tax professionals on how best to time paying or incurring marijuana-related expenses, as well as to submit all necessary documentation to preserve their rights to obtain refunds for taxes previously paid under 280E.
Continue Reading Paid or Incurred: Marijuana Rescheduling, Taxes, and Section 280E

On May 21, 2024, the Drug Enforcement Agency (DEA) filed the Proposed Rule to move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. In light of the rescheduling marijuana news, industry insiders anticipate a significant increase in cannabis-related investments and acquisition activity. While this anticipated increase in activity is exciting, it is no secret that those who have already invested capital into the cannabis industry have learned some hard lessons over the last decade.
Continue Reading Rescheduling Marijuana FAQs: Cannabis-Related Investments

On May 16, 2024, the U.S. Drug Enforcement Administration (DEA) released the proposed rule (Proposed Rule) to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). The Office of Legal Counsel (OLC) also provided a memo to the Department of Justice (DOJ) supporting the DOJ, which oversees the DEA and grants the DEA authority to make rules under the CSA to the DEA.
Continue Reading Rescheduling Marijuana FAQs: How Do I Submit Comments on DEA’s Proposed Rules?

Today, May 13, 2024, Ohio’s Joint Committee on Agency Rule Review (JCARR) approved eleven rules previously submitted by the Division of Cannabis Control (DCC) for administrative rule review. …
Continue Reading Ohio’s Recreational Cannabis: Almost Ready to Roll

On April 30, 2024, the DEA announced it will be rescheduling marijuana from Schedule I to Schedule III under the CSA.
Continue Reading Marijuana Rescheduling is Here: How DEA’s Decision Will Impact Cannabis Businesses

On April 11, 2024, Texas Lt. Governor Dan Patrick released his 2024 Interim Legislative Charges. This list indicates his goals for the upcoming legislative session, and among his priorities ahead of the 2025 Texas Legislative Session are “further regulat[ing] the sale of Delta 8 and Delta 9” and “stop[ping]…

Continue Reading Texas Politicians Take Aim at Hemp-Derived THC
Featured Podcast Episode

Securing Retail Space for Your Cannabis Business (Episode 2 of 2)

Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road. This episode discusses licenses for retail space for cannabis businesses from the landlord and tenant perspective. Hosts also review issues unique to the cannabis business when renting retail space.