New York’s Cannabis Control Board recently approved new rules around cannabis marketing and advertising in a bid to provide legal marijuana operators an advantage over illegal operators.
The new rules, which are subject...more
Less than two months after the state unveiled several initiatives to crack down on illegal cannabis sellers, a group of New York City shop owners has filed a class-action lawsuit, claiming the heavy-handed tactics violate...more
6/27/2024
/ Cannabis-Related Businesses (CRBs) ,
Class Action ,
Compensation ,
Due Process ,
Fourteenth Amendment ,
Illegal Drugs ,
Injunctions ,
Lost Profits ,
Marijuana Regulation & Taxation Act (MRTA) ,
New York ,
Popular
Even with the expected rescheduling of cannabis from a Schedule I drug to a Schedule III drug, it will take more for it to be eligible for interstate commerce.
Marijuana would remain subject to provisions of the Food,...more
6/27/2024
/ Cannabis Products ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Dormant Commerce Clause ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Interstate Commerce ,
Marijuana Regulation & Taxation Act (MRTA) ,
Reclassification Rules ,
Schedule I Drugs
Gov. Kathy Hochul has overhauled leadership at the state’s Office of Cannabis Management in an effort to speed up the licensing process, improve communication with applicants and licensees, and reaffirm the state’s commitment...more
In a boon to the cannabis industry, the federal government is reclassifying cannabis and easing federal restrictions on the drug, according to news reports. The Drug Enforcement Administration will approve a recommendation...more
Saddled with court challenges slowing the rollout of its legal cannabis program, New York now wants to move fast when it comes to the illegal marijuana market.
Gov. Kathy Hochul recently unveiled several initiatives to...more
In a sharp rebuke to New York’s Cannabis Control Board, state Supreme Court judge Kevin R. Bryant dealt a blow to the adult-use cannabis industry when he issued a decision in Leafly Holdings, Inc. et al. v. NYS Office of...more
Federal tax relief could be on the horizon for New York cannabis companies with two multistate cannabis operators claiming to have found the secret to escaping the tax obligations imposed by Section 280E of the Internal...more
Despite the approval of 109 new adult-use business licenses Feb. 16, New York’s legal cannabis program continues to face criticism, including backlash that the requirement retailers be 1,000 feet apart is a barrier,...more
A group of women-owned businesses hoping to obtain a retail or microbusiness permit to sell cannabis has asked a court to immediately stop New York state’s current licensing program for retail dispensaries and microbusinesses...more
On December 18, 2023, the day New York’s cannabis regulators wrapped up their initial cannabis licensing application period, the state was hit with yet another lawsuit seeking to halt the licensing of adult-use retail...more
A New York judge approved settling a lawsuit filed by a group of service-disabled veterans, granting the group a provisional license and paving the way for more than 400 provisional licensees to open marijuana dispensaries....more
The health care industry is increasingly adopting mobile apps for a variety of purposes, including tracking patient health conditions and sharing patient data. Privacy and security are important considerations, and it is...more
2/20/2023
/ 21st Century Cures Act ,
Compliance ,
COPPA ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Mobile Apps ,
OCR
Call it a conundrum: the passing of the Marijuana Regulation and Taxation Act (“MRTA”) allowed New Yorkers 21 years or older to use recreational marijuana legally but provided no legal way to purchase it.
The result was...more
Our Immigration Blog recently shared several key developments in J-1 waiver options to support International Medical Graduates who wish to complete their training in the United States, but struggle with the two-year home...more
The federal bankruptcy courts are largely inaccessible to companies that operate in the cannabis space¹. While cannabis companies cannot wholly avoid pending lawsuits, or the ability to restructure or maximize value through a...more
Although the use of cannabis has been legalized in approximately 39 states and the District of Columbia¹ , cannabis is still illegal federally and classified as a Schedule I drug under the Controlled Substances Act. As a...more
The following is a summary of the federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are...more
9/7/2022
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Enforcement ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Fraud and Abuse ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Fraud ,
Kickbacks ,
Medicaid ,
OIG ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Rebates ,
Trade Agreements Act
The following is a summary of the federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are...more
8/19/2022
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Durable Medical Equipment ,
Enforcement ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Kickbacks ,
Medicaid ,
Medicare Fraud ,
OIG ,
Telemedicine
The following is a summary of the federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are...more
8/9/2022
/ Bribery ,
Civil Monetary Penalty ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement ,
False Claims Act (FCA) ,
Fraud ,
Kickbacks ,
Medicaid ,
OIG ,
Prior Authorization ,
Risk Assessment ,
Risk Management ,
Skilled Nursing Facility
The ripple effect from the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization has prompted the federal Office of Health and Human Services (HHS) to reinforce core principles of privacy compliance. HHS...more
8/3/2022
/ Biden Administration ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Health Apps ,
New Guidance ,
OCR ,
PHI ,
Privacy Policy ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS
The following is a summary of the federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country.[1] The enforcement actions reported are...more
8/3/2022
/ Anti-Kickback Statute ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement ,
ESRD ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Healthcare Fraud ,
Identity Theft ,
Kickbacks ,
Medicare Advantage ,
Medicare Fraud ,
OIG ,
Opioid ,
Stark Law
A dispute making its way through Canadian courts shows how cannabis companies in the United States face stiff challenges raising money to expand their operations, even as states begin regulating cannabis markets across the...more
You likely have heard of a craft brewery before. But what about a craft business for cannabis and cannabis products? Enter the “microbusiness”: a unique opportunity for those without access to significant capital to enter New...more
The following is a summary of the federal Health and Human Services agency’s Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported are based...more
7/8/2022
/ Anti-Kickback Statute ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Compliance ,
Coronavirus/COVID-19 ,
Durable Medical Equipment ,
Enforcement ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Healthcare ,
Kickbacks ,
Medicaid ,
Medicare ,
Medicare Advantage ,
OIG ,
Opioid ,
Popular ,
Risk Assessment ,
Skilled Nursing Facility ,
TRICARE