A federal appellate court has ruled that a New York cannabis licensing rule favoring in-state residents is unconstitutional, because it discriminates against applicants residing out-of-state. We have been tracking this case for the past couple of years -- see our prior posts here and here. This decision by the Second Circuit Court of Appeals is
As far as I know, the OLCC is a party to two, separate litigations surrounding its administrative rules. The first lawsuit relates to Ballot Measure 119, which is a unionization measure applicable to most classes of Oregon marijuana licensees. The second lawsuit concerns rules that require retail applicants to acquire a certificate of tax compliance
You may have seen this article or some other article yesterday or today, covering the Ontario Supreme Court’s recent certification of a national class action lawsuit against Aurora Cannabis. The defendant entities are all part of the same conglomerate, with Aurora Cannabis Inc. being the parent. You can view their vast array of cannabis products
In fall of 2023 I wrote about the lawsuit to end federal prohibition that wouldn’t really end federal prohibition. Last July, a federal district court ruled against Canna Provisions et al. in that case. On Wednesday, May 27th, the First Circuit Court of Appeals upheld the lower court's ruling. The First Circuit decision means the
The Oregon District Court issued a ruling today which “PERMANENTLY ENJOINS AND RESTRAINS” the OLCC and other State actors from enforcing Measure 119 against Bubble’s Hash and Ascend Dispensary, the plaintiffs that sued over BM 119’s constitutionality. You can view Judge Simon’s Opinion and Order here, and the Judgment here. BM 119 required most Oregon
Piercing the Corporate Veil in Cannabis Disputes: Why Nonpayment Is Not Enough Hardly a week passes without a client asking whether it can sue the owners of a cannabis company personally after the company fails to pay an invoice, transfer a license, or complete some other promised transaction. The client wants to pierce the corporate
I’ve spilled a fair bit of ink on Ballot Measure 119 going back to last summer. Because no good deed goes unpunished, I continue to receive a stream of inquiries regarding associated compliance, e.g., “Where do I get a labor peace agreement?” “What’s this prompt on my CAMP screen?” “What if I don’t comply?” All
Last Wednesday, the Oregon cannabis lawsuit we’ve been waiting for finally dropped. Industry operators should tip their hats to plaintiffs Ascend Dispensary and Bubble’s Hash, and our friends at the law firm Fisher Phillips LLP, for stepping up and challenging Ballot Measure 119 in U.S. District Court. BM 119 passed in November 2024 with 57%
Why So Many Cannabis Lawsuits, and How to Avoid Becoming One of Them The cannabis industry is one of the most lawsuit-heavy sectors in the country. Cannabis litigation is exploding. Judges are frustrated, businesses are losing money, and lawsuits that should never have been filed are clogging up the courts. If you run a cannabis
The Ninth Circuit Court of Appeal has reinstated a civil rights lawsuit against Humboldt County, California, that challenges the county’s practices in imposing punitive daily fines. It is the first time a federal appellate court has weighed in on local government’s enforcement of code violations involving cannabis farms. The Court of Appeal decision The decision,
