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10 Legal Challenges for the Cannabis Industry in 2023

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

Tenth Circuit Declares No Remedy for Hemp Farmer Whose Federally Legal Plants Were Seized

In January, the United States Court of Appeals for the Tenth Circuit issued a published opinion in Serna v. Denver Police Department, No. 21-1446 (10th Cir. Jan. 24, 2023), upholding the dismissal of a hemp farmer’s lawsuit...more

District of Columbia Medical Cannabis Amendment Act Makes Sweeping Changes to Local Cannabis Laws

Medical marijuana has been legal in DC since 2011. In recent years, the District has adopted piecemeal amendments to its medical cannabis program, largely through temporary emergency legislation and mayoral rulemaking. In...more

Nevada Supreme Court Rules That Recreational Use of Marijuana Is Not Protected Off-Duty Conduct

Earlier this month, the Nevada Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees...more

MLB To Allow CBD Sponsorships

Recently, Major League Baseball (MLB) informed teams that cannabidiol (CBD) sponsorships were no longer off limits and that they were free to pursue sponsorships in the CBD category under certain conditions. CBD companies...more

Summer 2022: A Brief Cannabis Legalization Update 

What To Know: - The efforts to legalize cannabis have gained traction in some states and run into serious roadblocks in others. - Nineteen states allow adults to possess and use cannabis for non-medical uses (adult use). ...more

California’s Labor Peace Agreement Requirements for Growing Cannabis Businesses

California law requires commercial cannabis licensees with 20 or more non-supervisory employees to enter into a labor peace agreement; however, the legal requirements of such an agreement are far less than labor unions would...more

DCC Signals Big Changes to California Cannabis Regulation

On September 27, 2021, a substantive amendment was approved by the Department of Cannabis Control (DCC) in an emergency rulemaking action. In addition to clarifying ambiguities in the preexisting regulations and other...more

US Senators Seeking Input on Comprehensive Federal Cannabis Reform Legislation

The majority of states in the US have either decriminalized cannabis or enacted laws authorizing its use for medical or non-medical (aka “recreational” or “adult”) use. However, in the absence of federal guidance beyond the...more

New York Legalizes Adult-Use Cannabis and Makes Significant Changes to Medical Cannabis Regulation

On March 31, 2021, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA) into law, legalizing adult-use cannabis in the state and establishing a regulatory framework to govern what likely will...more

Ready, Set, Wait… New York Legalizes Adult-Use Cannabis, but Not Likely to Issue Licenses Until 2022

On March 31, 2021, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act (MRTA) into law, legalizing adult-use cannabis in the state and establishing a regulatory framework to govern what likely will...more

California Regulation Allowing Cannabis Billboard Advertising Overturned

Advertising cannabis products along California’s interstate highways, briefly lived, is now significantly restricted. On January 21, 2021, the California Bureau of Cannabis Control (BCC) released a notice explaining that,...more

Federal Tax Court Clarifies Cannabis Income Tax Liability

To change its method of accounting, a taxpayer must receive consent from the IRS and should provide evidence showing the change in business activity, so that the IRS can confirm that the change in method of accounting will...more

Governor Newsom Extends Suspension of CEQA Filing and Noticing Requirements

With precautions still in place to combat the COVID-19 pandemic that limit access to government buildings and promote social distancing, on September 23, 2020, Governor Gavin Newsom issued Executive Order...more

Several States May Join the Cannabis Legalization Bandwagon this November

Election Day 2020 is around the corner. Today, cannabis use is legal either for medicinal or adult recreational use (or both) in 35 states. Of those, adult recreational use is legal in 11 states and Washington, D.C....more

California Considers Move to Consolidate Cannabis Licensing Authorities

On January 10, 2020, California Governor Gavin Newsom submitted his 2020-21 State Budget proposal, which includes key changes that would affect the cannabis industry, such as consolidating the three State licensing agencies....more

California Assembly Committee to Discuss Housing Crisis Bill

SB 330, the Housing Crisis Act of 2019, is making its way through the California Legislature, and will be heard by the Assembly Appropriations Committee on Wednesday, August 21, 2019. Introduced by Senator Nancy Skinner in...more

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