Legislative and Regulatory Updates

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

While the Ohio Legislature’s May 3, 2023, deadline to put forth adult-use legislation to avoid a ballot initiative went up in smoke, Ohioans have continued pushing forward in their attempt to legalize adult-use cannabis. And, perhaps reading the tea leaves, a bipartisan bill was just introduced in the Ohio House

Continue Reading The Long and Winding Road to Adult-Use Cannabis in Ohio: An Update

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

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

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

Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to “occupational quantities of whole and ground cannabis,” according to an Occupational Safety and Health Administration (OSHA) hazard letter issued in June 2022.  Under a settlement agreement with OSHA, Trulieve agreed to study the potential hazards of ground marijuana dust.
Continue Reading Employers Subject to Workplace Safety Laws Despite Marijuana’s Illegal Status

As Ohio’s medicinal marijuana industry grows and the public’s attitude towards marijuana continues to improve, various organizations and lawmakers have begun to lay the groundwork to – at long last – legalize adult use cannabis in Ohio in 2023. 
Continue Reading The Times They Are A-Changin’: Ohio May Legalize Adult Use Marijuana in 2023

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

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

The Washington State Liquor and Cannabis Board (WSLCB) will open the application period for Social Equity marijuana retail licenses on March 1, 2023. The application period will close on March 30, 2023.
More than 40 marijuana retail licenses that were forfeited, canceled, revoked, or never issued will be made available to social equity applicants in specific jurisdictions across the state.
Continue Reading WA Application Period for Social Equity Marijuana Retail Licenses Opens March 1

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

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