first amendment challenge

More New York Cannabis Program Litigation: First Amendment Challenge to Third-Party Website Rules

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

new york adult-use cannabis application

New York Cannabis: A Plea to the Office of Cannabis Management

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

retail tax compliance

Oregon Cannabis PSA: A Little Grace on Retailer Tax Compliance Requirements

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

safe banking

How Important is the SAFE Banking Act, Anyway?

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

hunter biden

What the Hunter Biden Indictment Means for Cannabis Users

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

New York Cannabis: The Retail Dispensary Municipal Notice

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

new york adult use cannabis license application

New York Cannabis: Portal for Adult-Use License Applications Opens October 4th!

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

unlicensed cannabis dispensaries

Banks Get Exposed by New York’s Unlicensed Cannabis Dispensaries

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

new york cannabis schedule

New York Cannabis: The Fall “Schedule”

Over the last several months there has been a lot going on in New York’s cannabis world, with the “highlights” being litigation, corporate letters, municipal legislation, and generally just a lot of back and forth about where New York’s adult-use cannabis market is going and how it is getting “there” (wherever “there” is”). Over the

cannabis investment

What Rescheduling Means for Cannabis Investments

Last week, the Department of Health and Human Services (HHS) recommended rescheduling cannabis from schedule I to III under the Controlled Substances Act (CSA). My colleagues already covered various implications of the proposed cannabis rescheduling (see here and here). Today, I want to talk about one of the most important consequences of the announcement other than