canna law blog

New York Cannabis Licensing: The Basics*

Here in New York, it feels like we are (finally) off to the races. The New York State Department of Health recently posted the application for medical marijuana manufacturers and dispensaries, with two very important deadlines. The first is a May 5 at 4:00pm EST deadline to submit any questions to the Department regarding the application.

canna law blog

Pot Parody: Not so Funny After All

We talk a lot on this blog about branding challenges and limitations unique to marijuana businesses. For some of our previous posts on this topic, check out the following: Organic Marijuana: Not Exactly Mirth Provisions Hits it Big with Branding Cold Brew Coffee Protect Your Cannabis Brand with a Trademark Cannabis Branding. Because it is

canna law blog

Marijuana As Schedule 1 Drug

Earlier this week, Federal Judge Kimberly Mueller denied a motion to declare unconstitutional marijuana’s listing as a Schedule 1 drug. Schedule I drugs have no recognized medical value, have a high potential for abuse, and cannot be safely administered even under a doctor’s supervision. To put it bluntly, no sane person believes any of those things. We

canna law blog

Top 10 Marijuana Industry Red Herrings

A red herring is “something that misleads or distracts from a relevant or important issue.” Sad to say the marijuana industry has more than its fair share of red herrings, including the ten that are most prevalent these days: Federal enforcement memos mean the Feds are taking it easy on the marijuana industry. We wish this

canna law blog

Inaccurate Marijuana Testing Will Lead To Lawsuits

The media is currently abuzz about the inadequacy of lab testing for marijuana and marijuana infused products, which once again raises a critical issue for business owners: lawsuits. There are circumstances under which marijuana producers, processors and retailers alike can be held liable for a defective product, even without any knowledge of the defect. Anyone

canna law blog

Marijuana’s Environmental Impact And The Laws That Regulate It

Marijuana businesses — just like other businesses — impact our environment. Environmental laws relating to water rights, energy consumption, pollution, and overall carbon footprint all can and do impact marijuana businesses. Environmental laws typically focus on containing or preventing pollution and disciplining corporate polluters, but they also cover the regulation of natural resources, environmental impacts,

canna law blog

Marijuana Commercial Leases: This Industry Is Different, You Know

As so many of you know, few landlords are willing to rent to marijuana businesses. They are afraid of the very real possibility of losing their property in a federal civil asset forfeiture action. The federal government has been known to seize property being used for cultivating, manufacturing, or selling marijuana. In the last seven

canna law blog

Marijuana And The SEC

One of my clients sent me a link to this story, asking me to comment on whether it was really newsworthy. My response was not really; the U.S. Securities and Exchange Commission’s (SEC) decision to allow a listing of Terra Tech Corp. is not a major surprise. It is progress, yes, but it was also somewhat inevitable,

canna law blog

Legal Hemp in Oregon: It’s About Time

Recreational marijuana isn’t the only thing to get excited about in Oregon. Just this week, Oregon’s rules to obtain an industrial hemp permit just went into effect and Oregon’s Department of Agriculture (ODA) has begun accepting applications to grow hemp. Oregonians should expect to see the state’s very first state-legal hemp crop in the ground this

canna law blog

Marijuana Workers And Unions: The 4-1-1

The federal government continues to surprise us with its varied treatment of marijuana: this time  by federally recognizing marijuana workers’ rights. Specifically, the National Labor Relations Board (for the second time) is preparing to hear marijuana workers’ allegations against their New Jersey medical marijuana dispensary employer for retaliation, union-busting, and unfair working conditions. That hearing is