Cannabis leasing is incredibly complicated for both lessors and lessees. But things can get a lot more complicated in competitive license jurisdictions. I’ve worked with both lessors and lessee-applicants in competitive licensing jurisdictions, and today want to highlight some of the key things I’ve seen over the years. #1 Why competitive licensing is different from
Cannabis rescheduling appears to be a matter of time and my colleagues have written about the possible implications (see here, here, and here). Rescheduling to a less restrictive category will also have implications for trademarking by cannabis brands. By broadening the legality of cannabis goods and services, rescheduling will also make more canna trademarks eligible
On September 18, 2023, a new lawsuit was filed by, inter alia, Leafly Holdings, Inc. (“Leafly”) against the New York State Office of Cannabis Management (“OCM”) and New York State Cannabis Control Board (the “Cannabis Control Board”). The lawsuit This legal proceeding involves a First Amendment and other challenges to certain regulations adopted by the Cannabis
It has now been over one week since New York’s Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) announced that the general adult-use cannabis license application portal will open on October 4, 2023. For those counting at home, that is less than two weeks away. We, like the many parties with a vested
It’s been a minute since we wrote about the new OLCC tax compliance rules for retailers. These temporary rules require all retailers to certify tax compliance via the Oregon Department of Revenue (DOR) in order to renew or transfer ownership of a marijuana retailer license. OLCC has a pretty good FAQ sheet here, as part
I’m pretty sure that more ink has been spilled on the Secure and Fair Enforcement Act (“SAFE Banking”), than any other proposed cannabis law. It just won’t pass and it just won’t die. Specifically, SAFE Banking was introduced in 2017 and it passed the House seven times (seven times!) with bipartisan support since 2019. The
On September 14, 2023, Special Counsel David Weiss of the Department of Justice filed an indictment against Robert Hunter Biden in the District of Delaware. The indictment pleads three counts, which I analyze below. The Hunter Biden indictment centers on issues I’ve analyzed in many posts this year (see links at the bottom). Today I
New York’s Marijuana Regulation and Taxation Act (MRTA) requires anyone applying for a retail dispensary or on-site consumption license to submit a notice of their intention to apply to the municipality (or community board in New York City) at least 30 days prior to submitting the application. The Office of Cannabis Management (OCM) and Cannabis
The wait is (almost) over! During the September 12, 2023 Cannabis Control Board (CCB) meeting, the CCB announced that New York’s full, adult-use cannabis license application portal will open on October 4, 2023. The CCB meeting covered a number of other important topics, but we’ll save those for another post. For anyone planning on applying
Major banks like JPMorgan Chase and Wells Fargo, as well as landlords such as BentallGreenOak and Ashkenazy Acquisition Corp., have found themselves indirectly involved with New York City’s unlicensed cannabis dispensaries, potentially exposing them to legal issues. This situation arises due to the proliferation of unlicensed retail shops in the city, with as many as
