New York

New York Bill Would Make Smoking Pot Outside Illegal

It could soon be illegal to smoke marijuana in public if some New York politicians have their way. New York Assemblyman Michael Novakhov and Senator Mario R. Mattera are co-sponsors of a new bill that would ban the public use of cannabis unless a local government opts in to permit such public use. As it


Oregon Cannabis: Industry Groups File Suit Challenging Aspergillus Testing

In March of this year, the Oregon Health Authority (“OHA”) promulgated a new rule that required testing marijuana for certain microbiological contaminants, including for aspergillus. We wrote about this rule not long after noting that aspergillus—a type of mold that can cause a skin cause a condition called aspergillosis when inhaled or introduced through a

cannabis real estate

Cannabis Real Estate: Leasing v. Buying

One of the most important business decisions cannabis businesses need to make is whether to lease or buy real estate. I have worked on too many cannabis real estate transactions to count. And in my experience, the vast majority are leases. Today I want to look the top three reasons why that’s the case. #1


Oregon Cannabis: What to Expect from OLCC This Fall

Fall is always eventful in Oregon cannabis. Croptober is an Oregon cannabis tradition— hopefully the crops come in lee of any wildfires. We also have administrative rulemaking annually once summer winds down, typically with public input via multiple rules advisory committees (RACs). That’s what I’m here to discuss. This year, the Oregon Liquor and Cannabis

cannabis businesses

Strategies for Distressed Cannabis Businesses

It’s pretty easy to write about everything that’s going wrong in today’s cannabis industry. Today, I want to change gears and talk about some of the strategies we’ve seen work for distressed cannabis businesses in the past. Yes, some of these strategies may seem obvious at first. But pulling them off correctly – especially in


What Happened to Hemp?

Last week, a LinkedIn post by cannabis economist Beau Whitney caught my eye, because Beau said something pretty amazing. He said: “licensed acres in hemp are at pre-farm bill levels.” Could that be true? Before the 2018 Farm Bill, only a few states ran limited “research” pilot programs for hemp. I did my best to

cannabis advertising

Be Very Skeptical of Cannabis Advertising

The level of straight-up false information in cannabis advertising online is staggering. It’s almost too hard to describe. As a cannabis attorney, I’m often stunned that companies push cannabis advertisements the way they do. Over the years, I’ve spoken to dozens (maybe hundreds) of cannabis business owners who thought X was completely legal because of

california cannabis receivership

Cannabis Receiverships Are Coming to California

California’s cannabis industry is a mess. Between the rampant illegal market, onerous taxation, unnecessarily complicated regulations, debt defaults, and a host of other factors, things have never been worse. Businesses big and small are imploding. Without federal bankruptcy protection, the best tool available to insolvent and nearly insolvent companies is gone. So we’re going to

florida cannabis legalization

Florida Chamber of Commerce Opposes Cannabis Legalization Vote

The Florida Chamber of Commerce has filed a brief with the state Supreme Court, opposing the placement of an adult-use cannabis legalization initiative on the 2024 ballot. The Chamber’s opposition is curious, given the clear potential that legalization holds for, well, commerce. If only for this reason, it is worth taking a closer look at

washington thc

Washington Releases Rules Guidance on SB 5367 (Products Containing THC)

The Washington State Liquor and Cannabis Board (WSLCB) released a rules guide on July 14, “outlining regulations of products containing THC”. The guide is titled “Discontinued Sales of Products Containing THC by Businesses that Do Not Hold a Cannabis License” and it relates to recently enacted SB 5367, which we’ve been following closely. As we