Government and Policy Trends

As vaccination prevalence increases and COVID -19 case numbers go down business has started to go back to normal, for better or for worse. Some of the changes resulting from the COVID-19 emergency proved to be beneficial to regulated marijuana businesses, patients, and consumers. In Colorado some of these measures expired on June 11, 2021.
Continue Reading Business as Usual: The June 11, 2021 Expiration of COVID-19 Emergency Rule and the Impact on Colorado Marijuana Businesses

The Marijuana Regulation & Taxation Act (the “Act”) was signed into law by Governor Andrew Cuomo on March 31, 2021. Not only does the Act create the foundation for the adult-use marijuana program, it contains sweeping changes to the current medical marijuana regulatory framework as well as criminal reform elements.

Per the Act, the administration of the adult-use and medical marijuana programs will be two pronged. The Act provides the criteria for the composition of a Cannabis Control Board which will be charged with creating regulations for the medical and adult-use programs. The implementation and enforcement of the policies will be conducted through the Office of Cannabis Management which will enforce the policies. It will be a bit more than a “New York Minute” before these regulators are ready to release the more specific provisions of the regulations or application process here is what we do know:
Continue Reading New York State of Mind- An Overview of the Unique Aspects of New York’s New Marijuana Regulatory Framework.

Happy 4/20!

As the nation gets ready to celebrate the unofficial marijuana holiday, 4/20, we thought this was a great time to provide an update on the state of marijuana. 2021 has seen an increase in support for marijuana legalization at the state as well as federal level.  Coming off a year of uncertainty with the COVID-19 pandemic, marijuana legalization is poised to make substantial progress.  In many states, marijuana businesses were deemed essential businesses during the pandemic, highlighting the overall importance of these establishments.
Continue Reading 4/20 Marijuana Legislative Update

On April 19, 2021, the U.S. Postal Service issued a notice regarding the upcoming changes to Publication 52, which is titled “Hazardous, Restricted, and Perishable Mail.”  Postal Service, “Treatment of E-Cigarettes in the Mail,” 86 Fed. Reg. 20,287 (Apr. 19, 2021).  The changes relate to the mailability of electronic nicotine delivery systems (“ENDS”), which were added to the definition of “cigarettes” in the Prevent All Cigarette Trafficking (PACT) Act.  See our previous alert regarding these changes.
Continue Reading Postal Service Provides Guidance on Applications for Exceptions to the PACT Act

On February 8, 2021, leading cannabis businesses, associations and advocacy organizations launched the U.S. Cannabis Council (USCC), a nonprofit organization focused on advancing social equity and advocating for state and federal cannabis reform.

The coalition will advocate for the descheduling and legalization of cannabis.  Additionally, the USCC aims to fight for restorative justice in communities

A new California Proposition 65 mandate took effect on January 3, requiring health warning labels for all cannabis products sold in the state.  Failure to comply with the requirements can and will result in enforcement against cannabis producers and sellers, resulting in hefty penalties.  Here’s what you need to know.
Continue Reading California Laws Regarding Health and Safety Warnings for Cannabis Have Changed: Are You In Compliance?

Earlier this year the City of Denver Department of Excise and Licenses created the Marijuana Licensing Work Group (the “MLWG”). This week the MLWG released draft legislation regarding a continued license cap, licensing categories, and Social Equity Applicants. If passed the legislation would have some noteworthy impacts.
Continue Reading City of Denver Releases Proposed Legislation To Extend The Current Licensing Mortarium, Creation Of Social Equity Opportunities, And Development Of A Delivery Framework

As a historic election here in the United States unfolds beyond Election Day, one thing is certain – marijuana continues to win – and win decisively. While notable races in several states and counties were too close to call at the end of Election Night, marijuana state ballot initiatives were called early. All five states

bright green marijuana plant

On Thursday April 23, 2020, Representatives Earl Blumenauer (D-OR) and Ed Perlmutter (D-CO) introduced the “Emergency Cannabis Small Business Health and Safety Act” in the House. Blumenauer and Perlmutter have been influential in protecting state-legal marijuana businesses from federal interference, most recently under the 2020 federal appropriations rider.

If passed, the Act would

Different glass bottles with CBD OIL, THC tincture and cannabis leaves on yellow background. Flat lay, minimalism. Cosmetics CBD oil.

In our previous post, we touched on the fact that state-legal medical and recreational marijuana businesses (including indirect marijuana businesses) could not receive federal financial assistance due to marijuana’s continued Schedule I status under the Controlled Substances Act (“CSA”).  While state-legal medical and recreational marijuana businesses have been adversely affected due to government imposed