European Union member states tend to be very conservative when it comes to cannabis legalization. With a few exceptions, most member states prohibit cannabis altogether. Other countries decriminalize cannabis and a handful have adopted modest medical marijuana programs. Germany, the EU’s biggest economy and arguably most influential nation, has been on the path towards recreational
Yet another federal court in yet another federal appellate circuit just held that federal cannabis gun rights restrictions are unlawful. Let’s look at why that is, and why this is going to keep happening in federal courts across the country. The cannabis gun rights cases The federal Gun Control Act of 1968 strips all gun
The Washington State Liquor and Cannabis Board (“WSLCB”) sent an alert on Thursday, April 6, notifying cannabis licensees of a pattern of pesticide testing failures in Okanogan County. The WSLCB detected several instances of products containing dichlorodiphenyldichloroethylene (“DDE”) through random pesticide testing and many exceed action levels. The WSLCB is taking the following immediate action
Harris Sliwoski’s Vince Sliwoski (Portland) will present in-person next Friday, April 14 at the 36th annual Northwest Bankruptcy Institute. Vince will join Dominique Scalia of DBS Law (Seattle) as they cover “The Business of Cannabis and Bankruptcy.” This event is co-sponsored by sections of the Oregon State Bar and Washington State Bar. Details on the
As those in the cannabis industry are fully aware, the option of bankruptcy has not been available to cannabis or many cannabis-adjacent businesses to date. The courts have consistently indicated debtors who work in the cannabis industry or derive meaningful income from cannabis activity (directly or indirectly) cannot use bankruptcy, a federal mechanism, so long
California has no shortage of issues with its legalized cannabis marketplace. For a couple of years now, an open secret in California (and a cautionary tale for other states) is the concept of “burner licenses“. These are licenses issued to a company by the Department of Cannabis Control (“DCC”) that are used to conduct illegal,
Since the Marijuana Regulation and Taxation Act (MRTA) was passed back in April of 2021, New York has made clear that mitigating environmental impact, including energy usage, would be a key component of New York’s adult-use cannabis industry. To wit, the legislators expressly included applicants’ “ability to mitigate adverse environmental impacts, including but not limited
Cannabis companies, for some reason, seem to love clever names predicated on well-known brands. (See e.g. Zkittlez and Skittles or Bloom and Cool). More often than not, these companies end up in trouble. (See Major Food and Beverage Companies Call Out Marijuana Copycats). Although these companies may try a parody defense, it’s not so easy.
The Washington State Liquor and Cannabis Board (WSLCB) voted on Wednesday, March 29, approving an emergency rule proposal to extend the application window for social equity in cannabis (SEIC) retail licenses. The application window has been extended from March 30, 2023, to 5:00 p.m. April 27, 2023. The rule will have the effect of amending
On February 28th, we put on a webinar on “Distressed Cannabis Businesses” webinar. In that webinar, Griffen, Ethan, and Vince discussed the current financial and economic pressure the entire cannabis industry is facing today. We covered reorganization, litigation, dissolution, M&A, receivership, secured interests, and liquidation. And we of course discussed how state-by-state cannabis regulations impacts all
