News & Analysis as of

Marijuana Cultivation

Insuring the Crops, Opportunity on the Vine

by Pessin Katz Law, P.A. on

Insurance coverage can be the difference between a natural disaster causing the closing of a business or merely a temporary shutdown. In October 2017, wildfires blazed across eight counties in Northern California causing...more

Marijuana Cultivation: California State Water Board Adopts Policy Addressing Water Diversion/Discharge

The California State Water Board (“Board”) recently adopted what it describes as a “new statewide policy establishing strict environmental standards for cannabis cultivation in order to protect water flows and water quality...more

California Agencies Open the Door to Cannabis Cultivation Conglomerates

Last week three California Agencies issued a series of regulations governing recreational canna-business which is scheduled to launch January 1, 2018. The most controversial aspect of the regulations is what they don’t...more

Health Canada Releases Proposed Regulatory Framework for Cannabis

On November 21, 2017, Health Canada launched a public consultation on the much-anticipated regulatory approach for the proposed Cannabis Act, which will legalize and regulate the use of cannabis for recreational purposes (see...more

California Finally Releases New Cannabis Regulations

by Akerman LLP on

California just released its much-anticipated proposed regulations for the state’s new legal cannabis marketplace. The proposed regulations, 274 pages in length, are broken into three broad categories: general licensure...more

Circuit Reverses Conviction & Dismisses Indictment in Case Where Defendant Waited Seven Years for Trial

In United States v. Tigano, No. 15-3073 (Winter, Walker, Pooler), the Second Circuit issued a short order reversing the conviction of Joseph Tigano, III and dismissing the indictment with prejudice.  The Court noted that a...more

Quebec Introduces New Legislation to Regulate Recreational Cannabis

On November 16, 2017, the Government of Quebec tabled Bill 157, an Act to constitute the Société québécoise du cannabis, to enact the Cannabis Regulation Act and to amend various highway safety-related provisions (Bill),...more

Federal Government Proposes Excise Duties for Cannabis Producers

On November 10, 2017, the federal department of finance issued long-awaited legislative and regulatory proposals for the taxation of cannabis. Effectively, the proposed rules will place cannabis producers within the existing...more

Marijuana and the “Illegal/Dishonest Acts Exclusion”: Making Sense of K.V.G. Properties, Inc. v. Westfield Insurance Company

by Reed Smith on

A recent federal court decision in “a property loss insurance case” involving the unauthorized growing of marijuana could have a negative impact on the enforceability of insurance policies sold to legitimate marijuana-related...more

National Survey On Marijuana Laws And Regulations

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

CSA, TSX Address Treatment of Canadian Reporting Issuers with U.S. Cannabis-Related Business Activities

On October 16, 2017, the Canadian Securities Administrators (CSA) and the Toronto Stock Exchange (TSX) released staff notices regarding their respective treatment of issuers with cannabis-related activities in the United...more

Alberta Releases Proposed Cannabis Framework

by Bennett Jones LLP on

On October 4, the government of Alberta released its proposed framework for legalized recreational cannabis. The framework sets out Alberta’s primary policy goals with respect to the implementation of a recreational cannabis...more

Green Rush: The Commerce of Cannabis Enters the Warehouse and New Retail Space

by Akerman LLP on

As the risk of disintermediation by e-commerce continues to grow, cultural tastes and their corresponding sumptuary laws change to enable the emergence of an entirely new sector for a product that 60 percent of Americans,...more

CEQA Compliance for Commercial Cannabis Business Licensing under MAUCRSA - Proposal Open to Comments

by Best Best & Krieger LLP on

The Bureau of Cannabis Control proposes to adopt a Negative Declaration related to its regulatory licensing and enforcement program for commercial cannabis distributors, retailers, testing laboratories, and microbusinesses...more

Ohio Medical Marijuana: Status Of The New State Industry

by Roetzel & Andress on

Ohio legalized medical marijuana in the spring of 2016 and has since been developing the Medical Marijuana Control Program (MMCP) to regulate the cultivation, processing, and dispensing of medical marijuana throughout the...more

Lighting Up Legislation: Regulating Recreational Marijuana in California

by Lewitt Hackman on

California voters legalizing the use of recreational marijuana under Proposition 64, also known as The Adult Use of Marijuana Act (AUMA) last November is just the beginning. Deciding how cannabis will be grown, sold and...more

Lawsuit Filed Over Florida Medical Marijuana Law – Carve Out License For Black Farmer Alleged To Be Unconstitutional

by Fox Rothschild LLP on

A lawsuit was recently filed which challenges the constitutionality of part of the Florida law implementing Amendment Two (medical marijuana). A key part of the law was expanding the number of growing licenses that would be...more

Blunt Talk about Cannabis and Insurance

by Pessin Katz Law, P.A. on

I have been in a haze recently due to marijuana. Granted, I do not smoke, toke, or even eat pot laden brownies—I truly never have. But each insurance conference I go to and each insurance journal I read, I find articles...more

Research into Cannabidiol (CBD) Progresses

by Knobbe Martens on

Kalytera Therapeutics, clinical-stage pharmaceutical company, recently announced plans for clinical trials focused on the treatment of Graft versus Host Disease using Cannabidiol (CBD), a compound found in cannabis. This...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis for medical or recreational purposes is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New York,...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

National Survey On Marijuana Laws And Regulations (Update)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Ministry of Justice regulates the medical and scientific use of cannabis

by Dentons on

Through Resolutions 577–579, issued on August 8, 2017, the Ministry of Justice has regulated matters relating to (i) the evaluation and monitoring of licenses for the seeding and cultivation of cannabis plants, (ii) the...more

National Survey On Marijuana Laws And Regulations (Updated)

by Fox Rothschild LLP on

Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Cannabis Industry Jammed With Extensive Environmental Regulations

by Alston & Bird on

The surge of new cannabis-related regulations continues in California this month, this time courtesy of the State Water Resources Control Board. In response to Senate Bill 837, the agency recently released a draft Cannabis...more

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