wisconsin cannabis

Wisconsin Legalization Bill Introduced

Wisconsin may soon become the latest U.S. state to legalize adult-use cannabis. On September 22 of this year, a bill drafted by Sen. Melissa Agard (D-Madison) and Rep. Darin Madison (D-Milwaukee) was introduced in the state legislature. This is the latest in a series of legalization initiatives in the Badger State. The bill would make

cannabis subchapter s election

How Did You Mess Up Your Cannabis Subchapter S Election?

The internet is littered with writings on the relative merits of corporate forms and tax elections for cannabis businesses. Even the best of these articles are as dull as ditchwater, because the topic is tax. Most of the authors mention subchapter S taxation at some point, and the showier ones may even dredge up cannabis

cannabis leasing competitive licensing

Cannabis Leasing in Competitive License Jurisdictions

Cannabis leasing is incredibly complicated for both lessors and lessees. But things can get a lot more complicated in competitive license jurisdictions. I’ve worked with both lessors and lessee-applicants in competitive licensing jurisdictions, and today want to highlight some of the key things I’ve seen over the years. #1 Why competitive licensing is different from

cannabis rescheduling and trademarks

Cannabis Rescheduling and Trademarks

Cannabis rescheduling appears to be a matter of time and my colleagues have written about the possible implications (see here, here, and here). Rescheduling to a less restrictive category will also have implications for trademarking by cannabis brands. By broadening the legality of cannabis goods and services, rescheduling will also make more canna trademarks eligible

first amendment challenge

More New York Cannabis Program Litigation: First Amendment Challenge to Third-Party Website Rules

On September 18, 2023, a new lawsuit was filed by, inter alia, Leafly Holdings, Inc. (“Leafly”) against the New York State Office of Cannabis Management (“OCM”) and New York State Cannabis Control Board (the “Cannabis Control Board”). The lawsuit This legal proceeding involves a First Amendment and other challenges to certain regulations adopted by the Cannabis

new york adult-use cannabis application

New York Cannabis: A Plea to the Office of Cannabis Management

It has now been over one week since New York’s Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) announced that the general adult-use cannabis license application portal will open on October 4, 2023. For those counting at home, that is less than two weeks away. We, like the many parties with a vested

retail tax compliance

Oregon Cannabis PSA: A Little Grace on Retailer Tax Compliance Requirements

It’s been a minute since we wrote about the new OLCC tax compliance rules for retailers. These temporary rules require all retailers to certify tax compliance via the Oregon Department of Revenue (DOR) in order to renew or transfer ownership of a marijuana retailer license. OLCC has a pretty good FAQ sheet here, as part

safe banking

How Important is the SAFE Banking Act, Anyway?

I’m pretty sure that more ink has been spilled on the Secure and Fair Enforcement Act (“SAFE Banking”), than any other proposed cannabis law. It just won’t pass and it just won’t die. Specifically, SAFE Banking was introduced in 2017 and it passed the House seven times (seven times!) with bipartisan support since 2019. The

hunter biden

What the Hunter Biden Indictment Means for Cannabis Users

On September 14, 2023, Special Counsel David Weiss of the Department of Justice filed an indictment against Robert Hunter Biden in the District of Delaware. The indictment pleads three counts, which I analyze below. The Hunter Biden indictment centers on issues I’ve analyzed in many posts this year (see links at the bottom). Today I

New York

New York Cannabis: The Retail Dispensary Municipal Notice

New York’s Marijuana Regulation and Taxation Act (MRTA) requires anyone applying for a retail dispensary or on-site consumption license to submit a notice of their intention to apply to the municipality (or community board in New York City) at least 30 days prior to submitting the application. The Office of Cannabis Management (OCM) and Cannabis