As we previously wrote about here, New Mexico passed a recreational cannabis statute with a very ambitious timeline. The next key date in that timeline is June 29. That is the date when the statute goes into effect. It is also when the public comment period ends for the proposed rules published by the New Mexico Regulation and Licensing Department (RLD). Some key components of the proposed rules are that the New Mexico Cannabis Control Division will issue two classes of licenses: (1) cannabis producers and (2) cannabis microbusinesses. The rules set out a three-tiered plant restriction system ..read more

The long awaited Florida Supreme Court decision in Florida Department of Health v. Florigrown, LLC dropped yesterday. Quick recap—this case challenged the Florida’s medical marijuana regulatory scheme, which required license holders to be vertically integrated (i.e., participate in all segments of the cannabis business from cultivation to dispensing). In 2017, Florigrown challenged this framework on a number of constitutional grounds, including that the mandatory vertical integration and caps on licenses were inconsistent with the Florida Constitution, and that portions of the enabling legisla ..read more

Delta-8 THC is the latest trend permeating through the cannabis industry. The National Cancer Institute’s definition of Delta-8 THC indicates that it is “an analogue of THC” that contains neuroprotective properties that can increase appetite and reduce nausea, anxiety and pain. It produces some psychotropic effects but has “a lower psychothropic potency” than Delta-9 THC. In other words, it is a cannabinoid that can produce the “high” traditionally associated with Delta-9 THC, but not as much of it. The interesting thing about Delta-8 THC is that it can be produced from hemp as defined under t ..read more

Connecticut is often talked about as one of the next dominos to fall in terms of legalizing recreational cannabis. But time may be running out to accomplish that in 2021, with less than a month left in this legislative session. Here is where things stand and what needs to happen for Connecticut to legalize cannabis in 2021. Right now, there are two competing bills that have passed committees in the legislature. The first is sponsored by Rep. Robyn Porter (D) and passed the Labor and Public Employees Committee back in March. The second is a bill backed by Gov. Ned Lamont (D) that cleared the Ju ..read more

As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce. The majority of states and the District of Columbia now permit some form of legal recreational or medicinal marijuana use. Fifteen of those states, as well as the District of Columbia and some cities, prohibit employers in some form or fashion from testing for or taking adverse employment actions based on an employee’s legal marijuana use. With similar legislation pending in a number of states, the patchwork ..read more

Things move quickly in the cannabis industry, especially in Virginia apparently. In February, the Virginia General Assembly passed legislation legalizing marijuana for adult use. As we wrote about here, the legalization date was set for January 1, 2024. Governor Ralph Northam (D), however, quickly proposed amendments to fast-track possession and allow limited home grow beginning this summer on July 1, 2021. On April 7, the Democratic-controlled Legislature passed the fast-track legislation, known as  Senate Bill 1406, and Governor Northam signed it two weeks later. Virginia is now th ..read more

Last week, the Texas State House of Representatives passed House Bill 1535 to expand permissive medical use of low-THC cannabis by patients with a medical condition approved by the Health and Human Services Commission. The bill would broaden the State’s medicinal cannabis program, or the Compassionate Use Program. This is a small step, but any steps forward in Texas should be applauded. There are only approximately 5,000 patients currently registered in the Compassionate Use Program (out of a population of nearly 29 million), and only three cannabis businesses are licensed in the state. House ..read more

We all have it – the fear of missing out on good things happening around us or to people close to us. Legislators do too. Seeing states to their west (Illinois), north (Michigan), and east (New York, New Jersey, and Virginia) moving forward with adult use cannabis programs, Ohio state representatives Terrance Upchurch and Casey Weinstein are planning to begin work on an adult use cannabis bill next month according to a recent article in the Columbus Jewish News. As Weinstein succinctly put it, “I don’t want Ohio left behind.” The details of the legislation are currently sparse, but similar to ..read more

In a 5-2 ruling the Florida Supreme Court, in an advisory opinion, struck the proposed amendment to the Florida Constitution that would allow Florida voters to decide whether to legalize the adult use of Marijuana in the upcoming 2022 election. The Court’s reason? Because the amendment’s summary was “affirmatively misleading”. The Court, in the majority opinion, reasoned the amendment’s summary would trick Florida voters into believing that the recreational use of marijuana in Florida would be free of any repercussions, criminal or otherwise because the summary made no reference to federal law ..read more

Since 2018, there have been millions of dollars raised in cannabis-focused special purchase acquisition companies, or “SPACs”. A SPAC is effectively a “blank check” company with no operating history or assets. A SPAC is formed for the purposes of raising capital in an initial public offering (IPO) and using that capital to acquire an existing business and take such business public in what is referred to as “de-SPAC” merger transaction. The funds from the IPO are held in trust for a period of time following the IPO, usually up to 24 months, until they are used to acquire and operate an existing ..read more