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  • Cannabis Scams 3.0

    Apr 21, 2023, 2:00 pm By Hilary Bricken
    In an era of Theranos, Fyre Fest, FTX and WeWork, cannabis scams, frauds, and scandals probably pale in comparison. However, cannabis scams (and their evolution) are still worth noting, spotting, and avoiding at all costs. I’ve written about cannabis scams…
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  • Cannabis Collections Headaches and What to Do

    Apr 20, 2023, 2:00 pm By Hilary Bricken
    On this hallowed 4/20, while consumers and businesses celebrate cannabis near and far (which is great!), it’s important to be mindful that the cannabis industry is getting financially pummeled nationwide. For the cannabis companies able to survive this rocky…
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  • CBD Companies Beware: FTC Threatens Civil Penalties for Unsubstantiated Claims

    Apr 19, 2023, 2:00 pm By Griffen Thorne
    Marketing CBD products is a challenge. For years we’ve written about risks associated with making health-related claims in marketing. But there’s another avenue that the federal government doesn’t like: unsubstantiated claims. Last week, the Federal…
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  • New Hampshire Close to Legal Adult Use Cannabis

    Apr 18, 2023, 2:00 pm By Fred Rocafort
    New Hampshire is halfway to legal adult use cannabis, following the approval of House Bill 639 on April 6 by a wide margin of 272-109. While the Granite State decriminalized the possession of cannabis in 2017, it is still a fineable offense, and in any case…
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  • New York City Sues Unlicensed Cannabis Dispensaries and Landlords: Case Update

    Apr 17, 2023, 2:00 pm By Matthew Schwartz
    As we discussed here, in February 2023, New York City began filing lawsuits against the landlords and tenants of unlicensed cannabis dispensaries. One litigation that stands out is entitled The City of New York v. The Land and Building Known as 14 First…
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  • Oregon Cannabis Testing and Aspergillus: May You Live in Interesting Times

    Apr 14, 2023, 2:00 pm By Vince Sliwoski
    On February 16, I blogged on the new Oregon cannabis testing requirements that were scheduled to take effect (and did take effect) on March 1. I published that particular post for two reasons. First, I anticipated a bunch of failed tests. Second, I felt that…
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  • Germany Unveils Sweeping Cannabis Legalization Plan

    Apr 13, 2023, 2:00 pm By Griffen Thorne
    European Union member states tend to be very conservative when it comes to cannabis legalization. With a few exceptions, most member states prohibit cannabis altogether. Other countries decriminalize cannabis and a handful have adopted modest medical marijuana…
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  • Yet Another Federal Court Decision on Cannabis Gun Rights

    Apr 12, 2023, 2:00 pm By Griffen Thorne
    Yet another federal court in yet another federal appellate circuit just held that federal cannabis gun rights restrictions are unlawful. Let’s look at why that is, and why this is going to keep happening in federal courts across the country. The cannabis gun…
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  • New York Approves Nearly 100 New CAURD Licenses

    Apr 11, 2023, 2:00 pm By Matthew Schwartz
    As we previously discussed, on March 28, 2023, the United States Court of Appeals for the Second Circuit narrowed the effects of the November Decision and lifted the injunction that prevented the Office of Cannabis Management (“OCM”) from issuing the…
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  • Pesticide “DDT” Derivative Found in Several WA Cannabis Products

    Apr 10, 2023, 2:00 pm By Jack Scrantom
    The Washington State Liquor and Cannabis Board (“WSLCB”) sent an alert on Thursday, April 6, notifying cannabis licensees of a pattern of pesticide testing failures in Okanogan County. The WSLCB detected several instances of products containing…
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  • The Business of Cannabis & Bankruptcy: April 14 in Portland

    Apr 7, 2023, 2:00 pm By Canna Law Blog
    Harris Bricken’s Vince Sliwoski (Portland) will present in-person next Friday, April 14 at the 36th annual Northwest Bankruptcy Institute. Vince will be joined by Dominque Scalia of DBS Law (Seattle) as they cover “The Business of Cannabis and…
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  • New Opinion Confirms Growing Trend Away from “Zero Tolerance” Cannabis Bankruptcy Relief Policy

    Apr 6, 2023, 2:00 pm By Jihee Ahn
    As those in the cannabis industry are fully aware, the option of bankruptcy has not been available to cannabis or many cannabis-adjacent businesses to date. The courts have consistently indicated debtors who work in the cannabis industry or derive meaningful…
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  • California “Burner Licenses” Continue to Plague

    Apr 5, 2023, 2:00 pm By Hilary Bricken
    California has no shortage of issues with its legalized cannabis marketplace. For a couple of years now, an open secret in California (and a cautionary tale for other states) is the concept of “burner licenses“. These are licenses issued to a company by…
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  • New York Cannabis: Energy and Environmental Plans

    Apr 4, 2023, 2:00 pm By Simon Malinowski
    Since the Marijuana Regulation and Taxation Act (MRTA) was passed back in April of 2021, New York has made clear that mitigating environmental impact, including energy usage, would be a key component of New York’s adult-use cannabis industry. To wit, the…
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  • Toys R Us Sues Unlicensed New York Cannabis Dispensary for Infringement

    Apr 3, 2023, 2:00 pm By Jesse Mondry
    Cannabis companies, for some reason, seem to love clever names predicated on well-known brands. (See e.g. Zkittlez and Skittles or Bloom and Cool). More often than not, these companies end up in trouble. (See Major Food and Beverage Companies Call Out…
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  • Washington’s Social Equity in Cannabis License Application Window Extended

    Mar 31, 2023, 2:00 pm By Jack Scrantom
    The Washington State Liquor and Cannabis Board (WSLCB) voted on Wednesday, March 29, approving an emergency rule proposal to extend the application window for social equity in cannabis (SEIC) retail licenses. The application window has been extended from March…
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  • New York CAURD License Injunction Partially Lifted

    Mar 30, 2023, 2:00 pm By Matthew Schwartz
    On November 10, 2022, Judge Gary L. Sharpe of the New York Federal District Court in Syracuse entered an order enjoining New York’s retail cannabis dispensary application process in five regions of the state (Brooklyn, Central New York, Finger Lakes,…
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  • Distressed Cannabis Business Takeaways

    Mar 29, 2023, 2:00 pm By Hilary Bricken
    On February 28th, I moderated our firm’s “Distressed Cannabis Businesses” webinar. In that webinar, Griffen, Ethan, Vince, and I discussed the current financial and economic pressure the entire cannabis industry is facing today. We covered…
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  • New York Cannabis: The Timing Update Update

    Mar 28, 2023, 2:00 pm By Simon Malinowski
    A few weeks back we provided an update on the timing of New York’s Office of Cannabis Management (OCM) and Cannabis Control Board (CCB) opening the general adult-use cannabis licensing portal, with an anticipated start of application review in the fall of…
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  • State Cannabis Gun Right Laws Won’t Work

    Mar 27, 2023, 2:00 pm By Griffen Thorne
    In the past few weeks, I’ve published a few posts (here and here) about recent federal cannabis gun rights cases. In those cases, the courts disagreed on whether the federal government can prohibit cannabis users from owning guns. On the other end of the…
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