On August 8, 2023, Ohio voters defeated a proposed amendment to the state’s Constitution that would have required at least 60% of the vote on any citizen-initiated proposal to amend the Constitution, otherwise known as Issue 1. Since 1912, the Ohio Constitution has required only a majority of the vote
Continue Reading All Eyes on Ohio’s Adult-Use Marijuana Measure Post Issue 1 Defeat
Marijuana is currently listed as a Schedule I substance in the Controlled Substances Act (CSA); this scheduling means the federal government concluded marijuana has no currently accepted medical use in any setting. This could change as the Biden Administration evaluates marijuana’s current legal status, potentially opening the door to rescheduling
Continue Reading Rescheduling Marijuana: Understanding the Legal Impacts
A hard lesson was learned after cannabis was discovered in a suitcase at the airport: the government does not have to prove cannabis is marijuana to convict you of trafficking in marijuana. A new case recently clarified that the legal burden shifts and requires the accused to produce evidence that
Continue Reading Hemp in Your Suitcase Can Get You Convicted of Trafficking in Marijuana
According to reporting from Kyle Jaegar of Marijuana Moment, the federal government aims to finish its review of marijuana’s current legal status by the end of 2023, based on remarks from the head of the U.S. Department of Health of Human Services (HHS), Secretary Xavier Becerra. Becerra told Marijuana
Continue Reading Federal Legalization of Marijuana May Be Closer Than You Think
It is no secret that cannabis businesses and owners remain largely barred from taking advantage of federal bankruptcy protections, leaving distressed marijuana businesses with limited restructuring options. Most often, distressed marijuana businesses and businesses serving the marijuana industry (collectively, MRBs) must instead rely on state law, including state-specific cannabis
Continue Reading Cannabis Creditors Face Receivership in Oregon
For financial institutions who engage in marijuana-related banking services, the primary compliance challenge remains the disconnect between federal and state law, as it is still illegal to manufacture, distribute, or dispense marijuana under the federal Controlled Substances Act (CSA).
Continue Reading Marijuana & Banking: What’s the Hold Up? Part 2 – Compliance Challenges
McGlinchey Stafford is pleased to announce that three nationally recognized attorneys who specialize in complex litigation, transactional, and regulatory matters across the spectrum of cannabis businesses have joined McGlinchey in Seattle and Albany.
Continue Reading Three Green Light Law Group Attorneys Join McGlinchey
McGlinchey is pleased to announce the launch of the Green Leaf Brief, the home of articles and insights from attorneys in McGlinchey’s Cannabis Industry Group.
Continue Reading McGlinchey Launches “Green Leaf Brief” Cannabis Blog
The increasing number of states legalizing marijuana for both recreational and medical use raises critical questions regarding if and how insurance coverage should be made available with respect to auto or other general property and casualty insurance claims involving damages or injuries that occur when a person is under the influence of marijuana.
Continue Reading Ohio Appellate Decision Tackles Excluded Coverage For Marijuana Use
Exciting news for New Yorkers came on March 28, 2023, when the Second Circuit Court of Appeals entered an Order in the Variscite NY One case, lifting the injunction that prevented the Office of Cannabis Management (OCM) from issuing Conditional Adult-Use Retail Dispensary (CAURD) licenses in several New York State
Continue Reading Court Lifts Injunction on NY Cannabis Licenses, Clearing Path for More Dispensaries