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Perry Salzhauer is a co-chair of McGlinchey's Cannabis practice group. He is a corporate and environmental attorney with two decades of experience providing strategic and compliance guidance as well as legal advice to public and private entities. Perry has served as both outside and in-house counsel to a variety of companies, investors, and government agencies throughout the United States and has helped successfully launch several cannabis companies, brands, and projects. His years working on business processes, SEC, and environmental compliance, make Perry uniquely qualified in the emerging cannabis space, where navigating compliance with complex regulatory implementation is a major barrier to entry and ultimate success.

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)

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 November 7, 2023, voters in Ohio approved Ohio Issue 2, the Marijuana Legalization Initiative (the Initiative), which legalizes marijuana for recreational use in Ohio. Among its key provisions, the Ohio Initiative creates a new Division of Cannabis Control (DCC) within the Ohio Department of Commerce (DOC) to regulate marijuana

Continue Reading Ohio Legalizes Adult-Use Marijuana

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

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

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