New York Cannabis: Social and Economic Equity Applicants
Harris Bricken Blog
by Matthew Schwartz
1h ago
As we previously broadly summarized on December 27, 2022 (here), in late December 2022, the Office of Cannabis Management (“OCM”) released its first proposed adult-use cannabis rules and regulation for New York (the “Proposed Regulations”). The official document is 282 pages, so we won’t cover every detail. But we will highlight the big-ticket items, significant issues that all applicants should be aware of, and the license application process as a whole.  This post will go into detail the Social and Economic Equity sections and commentary provided for in the Proposed Regulations.&nb ..read more
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Breaking: FDA Says “No” to CBD Foods and Dietary Supplements
Harris Bricken Blog
by Griffen Thorne
21h ago
Since the passage of the 2018 Farm Bill, the hemp CBD industry has been eagerly awaiting FDA CBD regulations. In that time, FDA convened a working group to study how the agency would regulate CBD foods and dietary supplements. As of January 26, 2023, the FDA concluded that it will NOT regulate CBD foods or dietary supplements. FDA and the States on CBD since the Farm Bill Before jumping into the post, it bears noting that the FDA has taken the position, literally since the day the 2018 Farm Bill was passed, that CBD foods and dietary supplements violate the Food, Drug & Cosmetic Act. Never ..read more
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FREE Webinar, February 1: New York Cannabis Q&A
Harris Bricken Blog
by Canna Law Blog
1d ago
On Wednesday, February 1, 2023 at 2pm EST, Simon Malinowski will host a free, hour-long webinar to answer any questions about New York’s adult-use cannabis rules and regulations. Simon is our lead New York cannabis attorney, based in Manhattan. He will cover a variety of topics including the application process, anticipated timelines and license types. Please feel free to submit your questions in advance. Questions will also be taken throughout the presentation! Register Here In the meantime, check out our extensive blog coverage on these topics, including yesterday’s post by Simon: New York C ..read more
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New York Cannabis: State of the State 2023
Harris Bricken Blog
by Simon Malinowski
2d ago
A lot has happened in New York since the Canna Law Blog’s first New York State of the State. Last year was action-packed for the cannabis industry in New York. With licenses issued and sales starting in 2022, New York got the ball rolling on an actual and legal cannabis industry. We expect 2023 will see even more progress as we push towards New York having a fully functioning cannabis industry. Let’s take a look at the noteworthy developments of 2022 and what we expect to see in 2023. Three big developments in 2022 1.  New York issued (conditional) adult-use cannabis licenses A legal adul ..read more
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Ninth Circuit Affirms Dismissal of RICO Claims Relating to Cannabis
Harris Bricken Blog
by Jihee Ahn
3d ago
Well, it looks like cannabis RICO lawsuits are not going to happen any time soon. As an update to this post I wrote in 2020, the Ninth Circuit has just affirmed the dismissal of two RICO claims brought by a cannabis business owner. Background of Shulman v. Kaplan As a quick recap, Plaintiff Francine Shulman took advantage when recreational marijuana was legalized in California and started a cannabis cultivation operation. At some point, she needed financial back and guidance, so she partnered with Defendant Todd Kaplan. They and their various business entities entered into agreements, which Sh ..read more
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Washington Social Equity In Cannabis Licensing Window Opens March 1
Harris Bricken Blog
by Jack Scrantom
1w ago
The Washington State Liquor and Cannabis Board (“WSLCB”) announced this Wednesday, January 18, that the 30 day window to apply for a Washington Social Equity In Cannabis Retail License will open March 1, 2023. The WSLCB will reissue 44 retail licenses to qualified applicants that rank the highest on a points scale to “prioritize” applicants. The licenses will be anchored to specific counties. As a refresher, we’ve been following the developments in Washington’s efforts to add Section 570 to Washington Annotated Code (“WAC”) Title 314-55 from the draft rules and their issues, the final (and unc ..read more
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Top Five Cannabis Loan Issues
Harris Bricken Blog
by Griffen Thorne
1w ago
As we inch closer to a cannabis recession, businesses are desperately looking for new ways to stay afloat. A few years ago, our cannabis attorneys saw equity investments left and right. It seemed like everyone wanted to own a piece of a cannabis business. But as things grow more precarious for the industry as a whole, cannabis loans have been on the rise. Cannabis lending allows the person with the money to still interact with a cannabis business without the same risk of loss that they’d have in an equity investment scenario. You could write an entire post on the difference between equity and ..read more
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Oregon Cannabis 2023: Legislative Forecast and Report
Harris Bricken Blog
by Vince Sliwoski
1w ago
The 2023 Oregon legislative session kicked off yesterday. It’s a regular session this year, meaning we’re in for a longer stretch– a 160 day calendar, versus the 35 day affair we see in even-numbered years. Following November’s elections, the state government also looks quite different than the last few years, from the Governor’s office on down. For this reason, contacts I’ve spoken with in the Oregon Liquor Control Commission (OLCC) and elsewhere are reticent to forecast what may happen with cannabis laws. For its part, the reinvigorated Oregon Cannabis Association (OCA) has voiced a request ..read more
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Reviewing the New Oregon Cannabis Rules
Harris Bricken Blog
by Jesse Mondry
1w ago
In November 2022, the OLCC adopted and amended a suite of cannabis rules that became effective January 1, 2023. You can download the changes here and read our previous coverage of many of these changes here, here, here, and here. Now that Oregon’s new cannabis rules are effective, let’s take a look at some of the important changes to the rules governing the Oregon industry. Change in business structure Oregon cannabis M&A continues at a decent pace despite a relatively sluggish 2022 in terms of sales to consumers. Our M&A practitioners remain heavily involved in several major deals. Th ..read more
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Washington LCB Releases Disproportionately Impacted Area Map for Social Equity Licensees
Harris Bricken Blog
by Jack Scrantom
2w ago
Yesterday, January 13, 2023, the Washington State Liquor and Cannabis Board (“LCB”) released an interactive mapping tool for determining whether people meet have lived in Disproportionately Impacted Areas (“DIA”)–one of three eligibility criteria for the forthcoming Social Equity in Cannabis (“SEIC”) program licensing. The map can be found by a link on the LCB’s website, or here. Washington Social Equity in Cannabis Program As we wrote about here, the SEIC program, slated to be rolled out sometime this year, will re-purpose around 40 retail cannabis dispensary licenses that have been revoked o ..read more
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