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
While States Continue to Regulate Employers’ Right to Refuse to Hire, Discipline, or Terminate Employees Based on Their On- and Off-Duty Marijuana Use, Some Legal Tools Remain for Maintaining Drug-Free Employees and Workplaces.
Continue Reading Use of Cannabis by Workers in Safety-Sensitive Positions
This is the second installment in a three-part series exploring issues in cannabis and bankruptcy. In this episode, we’ll dive into bankruptcy protections available to businesses, including a case in which the Bankruptcy Court rejected a categorical prohibition for all debtors with any connection to marijuana.
Continue Reading Podcast: Cannabis and Bankruptcy, Ep. 2: Considerations for Businesses
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
It’s no secret that pockets of the cannabis industry are experiencing financial distress, and this is generating fear and concern for marijuana licensees and their lenders as well.
Continue Reading Podcast: Cannabis and Bankruptcy, Ep. 1: Considerations for Individuals
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