On November 8, 2023, the Florida Supreme Court held oral arguments on the validity of a constitutional amendment initiative to legalize adult-use cannabis (case number SC2023-0682). The Florida Constitution requires the state’s Attorney General to request an advisory opinion from the Supreme Court on the validity of any ballot initiatives. Attorney General Ashley Moody has
The lawsuit filed on October 26 against Merrick Garland to “end federal cannabis prohibition” wouldn’t really end federal cannabis prohibition. If you had that impression, it may be because reporting on this topic has been subpar. Many of the headlines are incomplete or downright misleading. Some stories take several paragraphs to explain the actual nature
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
This post written by Harris Sliwoski attorney Fred Rocafort was originally published on July 20, 2023 on The Trademark Lawyer website and is republished here with their permission. Candymaker Wrigley and Terphogz, LLC have reached a settlement in a high-profile lawsuit over Terphogz’s use of the mark ZKITTLEZ on cannabis products and other merchandise such
Oregon marijuana growers dreading the new aspergillus testing rule can exhale (for now). That’s because on Friday, August 25, the Oregon Supreme Court stayed enforcement of the new aspergillus testing rule pending a final hearing on the merits. This is a big deal! Kudos the Cannabis Industry Alliance of Oregon (CIAO) and the co-petitioners who
On the heels of my last post discussing the limited situations under which a lawsuit can be filed against a cannabis business owner, today’s post will kick off a series of other ways you can protect yourself and exert leverage in a lawsuit. This is a key question as so many in the cannabis industry
I’ve been writing about the Chalice receivership process since late May, when Chalice Brands Ltd. (OTCMKTS: CHALF) filed an Oregon Circuit Court complaint. In that Oregon lawsuit, Chalice brought claims against five local subsidiaries to drive them into receivership, claiming some $35 million owed. The lawsuit was orchestrated with a parallel Canadian proceeding. Up north,
The Fifth Circuit Court of Appeals is the most recent court to find that federal cannabis gun control legislation is unconstitutional. The case, United States v. Daniels, was published on August 9, 2023. The court joins a growing list of courts which have all found these restrictions unconstitutional. Federal law prohibits cannabis users from buying
The cannabis industry is hurting right now, and most everyone is feeling it. As new and old clients consider pursuing breach of contract and other claims against cannabis businesses that are failing, one question seems to come up again and again: can we sue the owner(s) of the cannabis company personally for the company’s failures
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
