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Today, nearly four-fifths of the United States have regulated medical marijuana markets. Nearly half of the United States, consisting of twenty-one states along with Washington, D.C. and Guam, have acted to legalize recreational adult-use marijuana. However, the possession, distribution, and sale of marijuana remains illegal under federal law, which means any contact with money that can be traced back to state-legal marijuana operations could still be considered money laundering and expose a bank to significant legal, operational, and regulatory risk.
Continue Reading Marijuana & Banking: What’s the Hold Up? Part 1 – Conflicting Legal Landscapes

The U.S. District Court for the Western District of Washington (the Court) has upheld the residency requirement set by the Washington Liquor and Cannabis Board (LCB) in the case of Brinkmeyer v. LCB. The residency requirement, which requires individuals owning or controlling a licensed business must establish residency 6

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Continue Reading Washington’s Residency Requirement Upheld in Court. . . Again

The residency requirement for buying a cannabis business in Washington may change this year. The Washington state legislature is considering a pair of identical bills, House Bill 1341 and Senate Bill 5377 (collectively, the Bill), which would authorize out-of-state ownership of licensed cannabis businesses. While it’s too early to tell

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Continue Reading Washington's Cannabis Residency Requirement: Proposed Law Could Change Landscape

The Washington State Liquor and Cannabis Board (WSLCB) has announced that it will open the social equity retail license application window on March 1, 2023. The application window will remain open for 30 days, and 44 total retail licenses will be distributed. The WSLCB has provided a checklist to assist

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Continue Reading Washington Cannabis: Social Equity Licensing Application Window Opening Soon

On December 9, 2022, the New York Office of Cannabis Management (OCM) released Cannabis Delivery Guidance allowing retail dispensaries, including Adult-Use Retail Dispensary (CAURD) licensees, the ability to deliver cannabis to customers directly in hopes to “jumpstart” cannabis sales before the end of the year. We previously wrote about the

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Continue Reading New York to Allow Adult-Use Cannabis Delivery

The Washington State Liquor and Cannabis Board (LCB) recently adopted an Interpretive Statement on the use of Additives in Authorized Cannabis Products. The Interpretive Statement is described by the LCB as follows:

This interpretive statement describes the use of CBD products and other additives and whether other cannabinoids, such

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Continue Reading LCB Interpretive Statement Bans Hemp-Derivatives Besides CBD

On Friday, December 2, 2022, the White House announced that President Biden signed House Resolution 8454 into law:

H.R. 8454, the “Medical Marijuana and Cannabidiol Research Expansion Act,” establishes a new registration process for conducting research on marijuana and for manufacturing marijuana products for research purposes and drug development.

According

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Continue Reading The New Marijuana Research Bill Is Another Sign That Federal Prohibition is Ending

On November 10, 2022, a federal judge temporarily stopped the Office of Cannabis Management (OCM) from issuing conditional adult-use retail dispensary (CAURD) licenses in certain parts of New York. The reason: the CAURD application contained New York residency requirements that may violate the U.S. Constitution (specifically, a court-created doctrine called

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Continue Reading Judge Puts New York Dispensary Licenses on Pause on Dormant Commerce Clause Grounds

The Cannabis Control Board (CCB) and Office of Cannabis Regulations (OCM) recently issued “Guidance for Adult-Use Retail Dispensaries.” The twenty-seven-page document provides insight into what the Conditional Adult-Use Retail Dispensaries (CAURD) regulations will look like and will shape the non-conditional retail dispensaries license regulations down the road. We will cover

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Continue Reading New York Takes a Hard Stand Against Vertical Integration

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.