News & Analysis as of

Marijuana Regulation & Taxation Act (MRTA)

Harris Beach PLLC

NY’s Crackdown on Illicit Cannabis Shops Also Hurting Legitimate Businesses

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New York’s recent crackdown on illicit cannabis retailers is achieving its goal of aiding legal cannabis operators, but those being targeted are saying the state is violating their right to due process and killing legitimate...more

Harris Beach PLLC

New Marketing and Advertising Rules for New York Cannabis Retailers

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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

Harris Beach PLLC

New York’s Crackdown on Illegal Cannabis Sellers Faces Federal Lawsuit

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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

Harris Beach PLLC

Does Rescheduling Cannabis Make it Eligible for Interstate Commerce?

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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

Harris Beach PLLC

Hochul Implements Sweeping Leadership Changes at Office of Cannabis Management

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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

Harris Beach PLLC

DEA Seems Set to Reclassify Cannabis, Help Legal Marijuana Businesses

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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

Harris Beach PLLC

NY to Get Aggressive with Illegal Cannabis Shops to Help Legal Retailers

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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

Harris Beach PLLC

Judge Strikes Down New York’s Cannabis Marketing Rules

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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

ArentFox Schiff

Leasing to Cannabis Retailers in New York City

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Finding a suitable location for a cannabis retail store is not easy, especially in New York City, where quality retail locations are scarce and expensive, and regulations are more robust than most other municipalities....more

Harris Beach PLLC

More Lawsuits Threaten New York’s Cannabis Licensing Program

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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

Harris Beach PLLC

Yet Another Lawsuit Filed to Temporarily Halt Cannabis Licensing in New York

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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

Harris Beach PLLC

New York’s Cannabis Settlement Blocks New CAURD Licenses Until April 2024

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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

Husch Blackwell LLP

The New York marijuana business application window has opened, but will be over in a ‘New York minute’

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After months of anticipation, the New York State Office of Cannabis Management began accepting applications for five (5) types of licenses this week: cultivator, processor, distributor, and microbusiness. This is generally...more

Harris Beach PLLC

New York Opening Cannabis Licensing to All Beginning Oct. 4

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New York is opening up its cannabis market to cultivator, processor, distributor, microbusiness and retail dispensary applicants beginning Oct. 4, a move that could finally spur significant sales, but one criticized by some...more

Warner Norcross + Judd

CRA Social Equity Program Incentives and Opportunities for Community Reinvestment

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The Cannabis Regulatory Agency’s (CRA) Social Equity Program arises from a provision of the Michigan Regulation and Taxation of Marihuana Act (MRTMA) designed to promote and encourage participation in the cannabis industry by...more

Maron Marvel

New York State’s Legalized Marijuana Market on Pause After Supreme Court Ruling Halts Issuances of Conditional Adult-Use Retail...

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On Friday, the Supreme Court of the State of New York, Albany County issued an Order that has effectively placed the long-anticipated rollout of New York’s legalized marijuana market on hold. In Fiore v. New York State...more

Harris Beach PLLC

New York Cannabis Retail Licenses Remain on Hold After Judge Says State Veered from Legislature’s Intent

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A state Supreme Court Justice issued a stern ruling Aug. 18 criticizing the state’s legal cannabis program and stopping it from issuing new retail licenses. State Supreme Court Justice Kevin R. Bryant ruled a veterans...more

Foley Hoag LLP - Cannabis and the Law

Court Grants TRO Prohibiting the OCM and the NYS Cannabis Control Board from Awarding More CAURD Licenses For At Least Two Weeks

A group of four military veterans filed a lawsuit two weeks ago in New York State Supreme Court against the New York’s Office of Cannabis Management (“OCM”), claiming that the agency’s rules that prioritize applicants with...more

Foley Hoag LLP - Cannabis and the Law

Four Veterans File Suit Against New York’s OCM Over Claims That Its Process Prioritizes Applicants with Prior Marijuana...

A group of four military veterans last week filed a lawsuit in New York State Supreme Court against the New York’s Office of Cannabis Management (“OCM”), claiming that the agency’s rules that prioritize applicants with prior...more

Harris Beach PLLC

New York Lawmakers Hope Tribal Nations Can Help Struggling Cannabis Growers

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One more market could soon be available to New York’s cannabis growers struggling to sell last year’s crops because of the state’s slow rollout of its legalized marijuana program. The state legislature approved a bill...more

Sheppard Mullin Richter & Hampton LLP

New York Landlords May Get Stuck with the Bill for Unlicensed Cannabis Sticker Shops

It is well known that between New York’s enactment of the Marihuana Regulation & Taxation Act (commonly known as the Cannabis Law) on March 31, 2021 and the slower than anticipated adoption of regulations for adult-use...more

Harris Beach PLLC

Proposed Legislation Designed to “Stabilize and Bolster” New York’s Cannabis Market

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Describing New York’s implementation of the 2021 Marijuana Regulation and Taxation Act as “bumpy,” State Sen. Jeremy Cooney has proposed legislation to address “urgent issues” facing the state’s adult use and medical cannabis...more

Vicente LLP

Revised New York Adult-Use Cannabis Regulations: What You Need to Know

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On May 11, 2023, New York’s Cannabis Control Board voted to approve the revised adult-use cannabis regulations. Upon publication in the New York State Register, these draft regulations are subject to another 45-day public...more

Harris Beach PLLC

Will New York’s Cannabis Crop Rescue Act Pit Cannabis Retailers Against Cultivators?

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Delays in rolling out New York retail cannabis dispensary licenses prompted one legislator to introduce a bill to allow the state’s struggling cannabis cultivators to sell directly to consumers. The Cannabis Crop Rescue...more

Jackson Lewis P.C.

What New York Employers Need to Know About Marijuana Two Years After Legalization

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It’s been two years since the Marijuana Regulation and Taxation Act legalized marijuana in New York State on March 31, 2021 and prohibited employers from drug testing for marijuana (for tests that are not federally-mandated)....more

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