state cannabis regulation

Ten Recommendations for State Cannabis Regulation

Unfazed by the federal leadership vacuum on cannabis, states continue to roll out cannabis proposals and programs. A total of 34 states considered cannabis reform proposals in 2021. Another 32 proposals (some of them pre-filed in 2021) are up for discussion here in 2022. These proposals range from limited decriminalization measures to comprehensive, adult use

oregon cannabis licensing 2022

Oregon Cannabis Licensing in 2022

After a rollercoaster open market experiment, Oregon finally raised the walls on its cannabis program earlier this year. Typically, there are two broad approaches a state may take in walling off a regulated cannabis program, dormant commerce clause issues notwithstanding. The first is by enacting residency requirements for marijuana business ownership. Oregon did away with

oregon cannabis olcc violation

OLCC Violation? Keep These Two Points in Mind

OLCC rules are complex and change frequently, so compliance can be challenging and violations occur frequently. Over the years, we’ve represented clients in administrative proceedings across the west coast, and each system has its own quirks. Here are a few things to keep in mind if you find yourself in the process. Focus on compliance

oregon cannabis qualified applicant social equity

Oregon Cannabis: Social Equity and “Qualified Applicants”

Who is a “qualified applicant” under Oregon’s new marijuana license reassignment program? First, some context. House Bill 4016, which introduced the reassignment concept, represents a sea change for Oregon’s licensed marijuana industry. The bill presently awaits signature by the Governor, and no one is betting it won’t become law. Our take on all of Oregon’s

oregon hemp moratorium jefferson josephine

Oregon County Hemp Moratoriums

On March 7, Oregon law makers passed Senate Bill 1564 (SB 1564) which empowers counties to impose hemp moratoriums within their jurisdictions. To impose a hemp moratorium, a county must simply declare a state of emergency related to cannabis and notify the Oregon Department of Agriculture (ODA) of the declaration and request that the ODA

california interstate cannabis sales export

California Might Legalize Interstate Cannabis Sales

A few weeks ago, California lawmakers quietly introduced SB-1326, a bill that would amend the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to legalize interstate cannabis sales, notwithstanding the status of federal law. Specifically, SB-1326 would authorize the Governor to enter into an agreement with other states authorizing medicinal or adult-use commercial cannabis

oregoncannabislegislativesession

Oregon’s New Cannabis Laws: 2022 Edition

The 2022 Oregon legislative session was huge for Oregon cannabis. It adjourned sine die on Friday, March 4. We’ve been writing about it all the while, and you can find previous coverage in the links at the bottom of this blog post. Today I’ll cover the four marquee pieces of new legislation and talk about

oregon cannabis license moratorium

No New Cannabis Licenses: Oregon Pulls the Plug

The Oregon Senate passed HB 4016 yesterday afternoon, enacting a sweeping moratorium on new cannabis licenses in the state. The law will take effect on an “emergency” basis following Governor Brown’s signature, or 30 days from now if she doesn’t veto (and she won’t). Industry got what it wanted here; the walls are going up. HB 4016

Oregon Cannabis: Beware the Services Agreement

Services agreements are a problem in the Oregon cannabis industry. These agreements have been around since at least 2016, when our office and at least one other law firm developed early templates in consultation with the Oregon Liquor and Cannabis Commission (“OLCC”). That form was called a “management agreement” and you will see them referred

plant variety protection act hemp

Hemp Litigation and the Plant Variety Protection Act

Last week, Phylos Bioscience filed a federal court complaint against Silver Lion Farms in the District of Oregon. The complaint details that Phylos and Silver Lion had entered into a Letter of Engagement for Silver Lion to  purchase $2,954,250 worth of hemp seeds of two different varieties – 14,625,000 of AutoCBD seeds and 8,775,000 of