Legislative and Regulatory Updates

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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

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 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

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

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the (significantly increased) risk of suffering discrimination, retaliation, and other costly claims. With many relevant state laws going into effect throughout the next twelve months, the clock is ticking.
Continue Reading Employers: Clock is Ticking to Update Marijuana Policies

In late October, the Alabama Medical Cannabis Commission (AMCC) sent comprehensive License Application Forms to more than six hundred medical marijuana industry hopefuls throughout the state. The deadline to apply for one of Alabama’s 12 cultivator, four processor, four dispensary, five “integrated facility,” secure transporter, and state testing laboratory licenses is December 30, 2022.
Continue Reading The Marijuana Licensing Game is Officially Afoot in Alabama

We often look to the federal judiciary as the gold standard of American jurisprudence. However, when it comes to the rapidly evolving cannabis industry, the federal judiciary has been anything but consistent.
Continue Reading To Put It Bluntly, the Federal Judiciary’s Inconsistent Approach to the Cannabis Industry Is (Reefer) Madness

The trend to legalize the medical and recreational use of marijuana continues to blaze through the states, but federal law — and bankruptcy courts by extension — have not yet followed suit.[1]

Bankruptcy courts have historically prevented cannabis — and even cannabis-ancillary companies — from filing for protection under the…

Continue Reading Pot Cos. Can Rely On State Law For Bankruptcy Safeguards
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.