alter ego liability

Cannabis Candy Co. Suit Spotlights Alter Ego Liability Theory

Published in Law360 on August 30, 2022. © Copyright 2022, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission. A recently filed cannabis case in Oregon, Drops LLC v. La Mota LLC, demonstrates pleading of two forms of the alter ego theory of liability. Most lawyers and business owners know that one of the

illegality defense cannabis litigation

Cannabis Litigation: The Illegality Defense and Damages

Around this time last year, my colleague, Jesse Mondry, wrote about a District of Colorado case, entitled Sensoria, LLC et al. v. Kaweske, et al. , which involved a group of plaintiffs who sought to recover their investment in a cannabis business, Clover Top Holdings. The underlying set of facts involve an all-too-familiar cannabis investment

fda ftc cbd

The FTC, CBD, Consumer Safety and Refunds

I’m guilty of dunking on the Federal Trade Commission (FTC) in the past for not doing more to protect cannabis consumers, despite the current federal illegality of cannabis. That may be changing, at least with respect to CBD consumers. Before diving into this latest development, I should mention that historically, cannabis is treated differently from

Cannabis Law Section

Hilary Bricken to Present at Michigan State Bar Cannabis Law Section Conference

REGISTER HERE We’re excited to announce that our own Hilary Bricken will present for the Michigan State Bar’s Cannabis Law Section, in Cooperation with the Institute of Continuing Legal Education. Hilary’s presentation is titled: “The Current State and Future of Cannabis and Psychedelics.” It begins the morning of October 1 at 9:15 a.m. Here is

curaleaf

Oregon Cannabis: Did OLCC Let Curaleaf Skate?

Last summer, the Massachusetts based retailer Curaleaf mistakenly mixed-up THC with CBD at a bottling plant in Portland. Approximately 1,500 mislabeled bottles containing what the Oregonian describes as a “jumbo” dose of THC were shipped under the brand name Select and sold as containing only CBD. Although many of the bottles were recalled at the

crackdown

New York Cracks Down on Unlicensed Cannabis Sales

The New York Police Department (“NYPD”) crackdown on unlicensed cannabis sales comes as New York is poised to start awarding Conditional Adult Use Retail Dispensary (“CAURD”) licenses in the coming weeks. The Office of Cannabis Management (“OCM”) has stated on numerous occasions that those caught selling cannabis without a CAURD license, or a medical license,

caurd application

New York CAURD Application Review: All Together Now!

In all of the news about New York’s Office of Cannabis Management (OCM) starting to accept applications for Conditional Adult-Use Retail Dispensary (CAURD) license applications, one glaring piece of information was missing: will the OCM review applications on a rolling basis starting on August 25, 2022? Or, will OCM review applications all together when the

cannabis ballot measures

Elections 2022: Cannabis Ballot Measures

Election season is coming. This means that cannabis ballot measures, initiatives, initiated proposals, legislative proposals, etc. are moving to the fore. I won’t set out to explain the differences among the several state protocols. You’d leave. In the cannabis context, suffice it to say that “ballot measures” are somehow convoluted and dramatic all at once.

constitution

The U.S. Constitution and Drug Paraphernalia

The U.S. Constitution gives Congress certain enumerated powers (Article I, Section 8), with powers “not delegated to the [federal government] by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” (Tenth Amendment). While one of the enumerated powers is the regulation of interstate commerce, the

caurd application portal

New York CAURD Application Portal FAQ

In the leadup to the Office of Cannabis Management (“OCM”) application portal opening date of August 25, 2022 for Conditional Adult Use Retail Dispensary (“CAURD”) licenses we have received a few repeat questions from our clients regarding the application. This list of frequently asked questions is by no means the entirety of the questions we