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  • The Real OLCC Scandal Is There Are Two Sets of Rules

    May 22, 2023, 2:00 pm By Vince Sliwoski
    We have been working with the Oregon Liquor and Cannabis Commission incessantly since 2015, when rulemaking commenced for the adult use program. Over the years, we’ve dealt with many, many compliance-related issues, including Notices of Proposed License…
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  • Maryland Joins the Club

    May 19, 2023, 2:00 pm By Fred Rocafort
    Maryland recently became the latest state in the United States to legalize adult-use cannabis, joining an ever-growing club. Following a 2022 referendum, the Maryland General Assembly passed a cannabis reform act (cross-filed as House Bill 556 and Senate Bill…
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  • Oregon Cannabis: How Many Retailers Will Close Due to Gov. Kotek’s New Tax Compliance Missive?

    May 18, 2023, 2:00 pm By Jesse Mondry
    As reported by Sophie Peel of the Willamette Week, on May 16, Governor Kotek issued a directive to the OLCC to make state tax compliance a requirement for the agency to issue or renew cannabis retail licenses. This new tax policy is a direct result of the…
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  • New York Cannabis: CAURD Rollout Not So Smooth

    May 17, 2023, 2:00 pm By Matthew Schwartz
    As many familiar with the current status and issues facing New York State cannabis and specifically the conditional adult use retail dispensary (“CAURD”) licenses know, there are a multitude of problems that CAURD Licensees are facing and some of them are…
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  • Times are Tough: Cannabis Joint Ventures May Help

    May 16, 2023, 2:00 pm By Hilary Bricken
    We’ve written a lot recently about how cannabis companies are falling on tough economic times in this roiling economy. When times get lean, cannabis companies need to innovate and get more competitive with services and product offerings. This is in addition…
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  • THE Cannabis Control Board Meeting Summary!

    2:00pm By Simon Malinowski
    Well, the big Cannabis Control Board (CCB) meeting happened on May 11, 2023, and it was as action packed as advertised. There were rules and regulations, Conditional Adult-Use Retail Dispensary (CAURD) licenses issued, and heated exchanges between the…
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  • U.S. Department of Transportation Updates Its Drug Testing Policy

    May 12, 2023, 2:00 pm By Matthew Schwartz
    The U.S. Department of Transportation (DOT) has finalized a rule to amend its drug testing policy in a way that could have significant implications for truckers, commercial drivers, pilots and other federally regulated transit workers who use marijuana off the…
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  • TTAB Denies Registration of Bakked Trademarks

    May 11, 2023, 2:00 pm By Jihee Ahn
    In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) affirmed an examining attorney’s refusal to register two “Bakked” trademarks by deeming the goods to be illegal drug paraphernalia under the Controlled Substances Act (the…
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  • THE New York Cannabis Control Board Meeting is Here! May 11

    May 10, 2023, 2:00 pm By Simon Malinowski
    On May 4, 2023, the New  York Office of Cannabis Management (OCM) formally announced a Cannabis Control Board (CCB) on May 11, 2023. Why is this such a big deal? Well, as we wrote about here, OCM’s Chief of Staff and Senior Policy Director Axel Bernabe…
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  • Delaware Legalizes Cannabis

    May 9, 2023, 2:00 pm By Fred Rocafort
    Delaware has joined the ranks of jurisdictions with legal adult-use marijuana, with the recent enactment of two bills by the state’s legislature. House Bill 1 (HB 1) amends Title 16 of the Delaware Code to remove all penalties for the use or possession of…
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  • Cannabis Litigation: Defaults and Default Judgments

    May 8, 2023, 2:00 pm By Jihee Ahn
    One thing to know about litigation is that timing is everything. Many clients that come to us are unaware that the process of litigating is governed by a series of statutorily-defined deadlines and schedules. Failing to abide by those deadlines can have huge…
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  • New York’s Legislation to Curb Illicit Cannabis Sales

    May 5, 2023, 2:00 pm By Simon Malinowski
    As foreshadowed by our recent post, on May 3, 2023, New York Governor Kathy Hochul signed cannabis legislation that significantly increases the civil and tax penalties for unlicensed and illicit cannabis sales. The legislation was passed in conjunction with…
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  • Yes, Good Corporate Governance is Critical

    May 4, 2023, 2:00 pm By Griffen Thorne
    Corporate governance is a basic requirement of any business. So of course, cannabis businesses often just ignore it. Some of them may pay a lawyer to put together a simple set of bylaws and an organizational resolution (or operating agreement for an LLC), and…
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  • Cannabis Litigation: A Primer on Subpoenas

    May 3, 2023, 2:00 pm By Jihee Ahn
    A “subpoena” is used in cannabis litigation (or any litigation) when third-party witnesses or documents become necessary for a lawsuit. Over the years, we’ve seen the need for subpoenas come up in a variety of contexts. Below is a primer on what to do as…
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  • Will California Soon Police Cannabis Contracts?

    May 2, 2023, 2:00 pm By Griffen Thorne
    On April 20, my colleague Hilary Bricken wrote a post entitled, “Cannabis Collections Headaches and What to Do.” In it, she discussed a problem that’s been plaguing California cannabis businesses throughout: distributors and retailers that don’t pay…
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  • Oregon Cannabis: Employment Law Issues for Struggling Businesses

    Apr 28, 2023, 2:00 pm By Jesse Mondry
    We all know the Oregon cannabis industry is struggling. We write often about the causes on a macro level, possible solutions, and what we see as business litigators. We haven’t written much about one of the basic areas of employment law that applies to…
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  • New York Proposes Tough Legislation for Unlicensed Cannabis Retailers

    Apr 27, 2023, 2:00 pm By Matthew Schwartz
    New York State budget talks are hung up on how to curb an onslaught of unlicensed cannabis retailers. It is self-evident that these illicit weed joints are hurting the ability for the cannabis industry to begin and grow. However, until there are more legal…
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  • Webinar Takeaways: IRS Cannabis Taxes and Enforcement

    Apr 26, 2023, 2:00 pm By Hilary Bricken
    On April 13th, I moderated a webinar about cannabis taxes called “IRS Enforcement of Cannabis Operators is Here – What Do We Do Now?“. Cannabis taxes should scare anyone in the industry, but federal incomes taxes under I.R.C. 280E probably take the cake…
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  • Cannabis Litigation in a Down Market

    Apr 25, 2023, 2:00 pm By Canna Law Blog
    REGISTER HERE  The West Coast cannabis industry is struggling. In this free webinar, cannabis business litigators Jihee Ahn (California; Oregon) and Jesse Mondry (Oregon) will discuss the state of the industry and how depressed market conditions are affecting…
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  • Oregon’s Interstate Commerce Bill for Marijuana Seeds and Intoxicating Hemp Products

    Apr 24, 2023, 2:00 pm By Vince Sliwoski
    I wanted to drop a line today on an interesting piece of cannabis legislation moving through the Oregon legislative session. The bill at issue is omnibus SB 353 (most recent mark-up here). This is a very different SB 353 than its placeholder from back in…
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