Sahan Journal reports, after discussion with the Minnesota Office of Cannabis Management, that the “preliminary rules are expected to be published at the end of 2024, followed by a 30-day public comment period. Then, the office expects to adopt the rules in spring 2025.” This is a much-extended timeline than previously offered by the Office of Cannabis Management. License applications will not be available until sometime in 2025. In the meantime, the Office of Cannabis Management is surveying on particular topics to inform their rulemaking. Available here, the current survey on packaging, labe ..read more

Minnesota has asked interested parties to give initial regulatory comments around cultivation, processing and manufacturing cannabis products. You can access the survey here. The survey is available through November 30. This survey is intended to gather information and is not asking for comments on any particular regulation. However, it may be helpful for licensees to set the stage for what is needed for a healthy market ..read more

MPR News published an engaging article on recent enforcement from the Minnesota Pharmacy Board on the sale of hemp edibles with a cautionary reminder for attorneys to delete your Microsoft Word comments. Expect more enforcement as the Office of Cannabis Management is set up and hires ..read more

On Friday, May 19, 2023, Minnesota’s Senate approved the negotiated and final version of Minnesota’s new adult-use cannabis regime. Here is the full bill: HF 100 12th Engrossment – 93rd Legislature (2023 – 2024) (mn.gov), which becomes effective on August 1, 2023. Governor Tim Walz has said he will sign the bill ..read more

Late Tuesday night, on May 16, 2023, a House-Senate conference committee issued its approval and published an updated version of the Minnesota Adult-Use Recreational Cannabis Bill. A final vote on the bill could happen any day, with the end of the legislative session on Monday, May 22, 2023 looming. Following final approval by the Minnesota House and Senate, the bill will be sent to Governor Tim Walz, who has indicated he intends to sign it into law. The Conference Committee Report, which includes the likely final version of the bill, can be found here ..read more

Yesterday, April 28, the Minnesota Senate passed H.F. 100, the Minnesota House bill establishing an adult-use recreational cannabis regime, but with several amendments. The Minnesota Senate and House will now meet in conference to negotiate the differences in the bill. Some of those key differences are on local control (the Senate approved permitting local control; the House bill does not) and on excise tax rates (the Senate approved 10%; the House approved 8%). After negotiations end, the House and the Senate will need to approve the bill again. Once finally approved, the bill will go to the ..read more

Yesterday, on April 25, 2023, the Minnesota House of Representatives voted to legalize the adult use of recreational cannabis. The bill, which has been in the works since the start of this legislative session, was passed by a vote of 71-59. Following the House’s vote to pass the bill, the Senate is primed to debate and vote on its version of the bill. That debate, and potential vote, is expected to take place this Friday, April 28, 2023. If the Senate votes to pass the bill – which many lawmakers and commentators are confident will be the case – the Senate and House versions of the bill will b ..read more

Until recently, the bankruptcy courts have generally been unavailable for insolvent cannabis companies to liquidate or reorganize.   The Office of the United States Trustee (the “UST”) has a mandate from the Department of Justice to move to dismiss cannabis-related bankruptcies when they are filed, and many bankruptcy courts have dismissed such cases, even where the debtor’s ties to cannabis are remote or ancillary to the cultivation, production, sale or distribution of cannabis, or when the debtor no longer has active operations.  As a result, insolvent cannabis companies could ..read more

A cannabis retailer, and those who collect debt on their behalf, may not be governed by the Fair Debt Collection Practices Act (FDCPA), but they probably should act like it.  The FDCPA is applicable when a third-party attempts to collect on a debt which obligates a consumer to pay for property or services which are primarily for personal, family, or household purposes.  Given the mixed legal status of marijuana, it is questionable whether a third-party seeking to collect debts incurred for purchases of cannabis would be restricted by the FDCPA. While the scope of the definition of a ..read more

Barstow, California, is located in San Bernadino County in Southern California’s Mojave Desert. The city is known for being home to the Fort Irwin National Training Center and the Marine Corps Logistics Base Barstow, two key armed forces sites. But if Barstow officials’ new cannabis plan comes to fruition, Barstow will soon also be known for its “cannabis super center.” On January 17, 2023, Barstow’s City Council voted to approve 23 cannabis licenses involved in an extremely large cannabis or “green zone” project. This green zone project will convert an abandoned outlet plaza into a cannabis ..read more