Despite the excitement of many over rescheduling cannabis from Schedule I to Schedule III, the move does not make cannabis “legal” unless it is produced, sold, and used within the tightly regulated parameters of the...more
8/9/2024
/ Bankruptcy Code ,
Business Expenses ,
Cannabis-Related Businesses (CRBs) ,
Chapter 13 ,
Commercial Bankruptcy ,
Controlled Substances Act ,
DEA ,
Debtors ,
Decriminalization of Marijuana ,
Insolvency ,
Internal Revenue Code (IRC) ,
Marijuana ,
Popular ,
Receivership ,
Tax Deductions
Over the last several years, there has been a dramatic increase in retail and online sales of products containing hemp-derived and synthetically created cannabinoids. As a result, an increasing number of states are poised to...more
Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...more
2/1/2024
/ Agribusiness ,
Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Drug Paraphernalia ,
Marijuana ,
Marijuana Related Businesses ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
On November 7, 2023, voters in Ohio approved Ohio Issue 2, the Marijuana Legalization Initiative (the Initiative), which legalizes marijuana for recreational use in Ohio. Among its key provisions, the Ohio Initiative creates...more
11/7/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Tenants ,
Decriminalization of Marijuana ,
Dispensaries ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Foods ,
Medical Marijuana ,
New Legislation ,
Plant Based Products ,
Recreational Use ,
Regulatory Reform ,
Retail Market ,
Social Equity Programs ,
State and Local Government ,
Tax Rates
Proponents of marijuana reform have had cause for celebration in 2023. Despite challenges facing the industry, the political and social momentum surrounding cannabis is ticking upward.
Most recently, the marijuana industry...more
10/18/2023
/ Agribusiness ,
Banks ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Credit Unions ,
DEA ,
Decriminalization of Marijuana ,
Financial Institutions ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Insurance Industry ,
Lenders ,
Popular ,
Proposed Legislation ,
Safe Harbors ,
Senate Banking Committee
New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses.
Regulating Parties that Deal with...more
7/20/2023
/ Agribusiness ,
Business Licenses ,
Cannabis-Related Businesses (CRBs) ,
Distribution Rules ,
Goods or Services ,
Investors ,
Marijuana ,
Marijuana Cultivation ,
New Jersey ,
New York ,
Retailers
Join us Tuesday, July 25, 2023, to hear McGlinchey attorneys discuss innovations in the payments environment and developing payments applications. Aaron Kouhoupt, David Thompson, Rachael Aspery, and Heidi Urness will explore...more
In the final episode of our three-part series, "Exploring Issues in Cannabis and Bankruptcy," McGlinchey's Cannabis Group Co-Chair, Heidi Urness, along with colleagues Timothy Byrd and Rudy Cerone, will delve into the...more
Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chemicals used in various industries, such as food packaging, cosmetics, and household products. More than 10,000 chemical substances can be classified as...more
6/29/2023
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Contamination ,
Controlled Substances Act ,
Hazardous Substances ,
PFAS ,
Popular ,
Product Recalls ,
Soil ,
Toxic Chemicals ,
Wastewater
It is no secret that cannabis businesses and owners remain largely barred from taking advantage of federal bankruptcy protections, leaving distressed marijuana businesses with limited restructuring options. Most often,...more
In the second installment in a three-part series exploring issues in cannabis and bankruptcy, McGlinchey attorneys Heidi Urness, Timothy Byrd, and Rudy Cerone dive into the bankruptcy protections available to businesses,...more
Starting a cannabis business is often discussed, but maintaining a business, particularly during a downturn in the industry, is a completely different ballgame. Pockets of the cannabis industry are experiencing financial...more
Can claiming you broke the law get you out of a contract?
Illegality And Unforceability-
MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more
2/8/2023
/ Abstention ,
Breach of Contract ,
Canada ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Discretionary Clauses ,
Federalism ,
Illegal Conduct ,
Illegality Defense ,
Liability ,
Rent
As 2022 draws to a close, what better time to revisit our most popular insights of the last year and see what topics have engaged our client industries?
Our attorneys work hard to stay on the cutting edge of industry...more
12/23/2022
/ Blockchain ,
Cannabis-Related Businesses (CRBs) ,
Commercial Bankruptcy ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Decriminalization of Marijuana ,
Digital Assets ,
Financial Institutions ,
Foreclosure ,
Moratorium ,
Trademarks ,
Virtual Currency
Tax season is nearly upon us. As cannabis businesses and the professionals who advise them can expect, navigating the variations and even direct conflicts that exist between and among the state and federal authorities that...more
We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more
11/10/2022
/ Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Controlled Substances Act ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Judiciary ,
Judges ,
Marijuana ,
Medical Marijuana ,
State Courts ,
Title I ,
Title II ,
Title III ,
Title VII
Under current California law, cannabis licensees are not permitted to “transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state, unless authorized by federal law.”...more
With the anticipation of federal marijuana legalization, the cannabis industry rang in 2021 with sky-high equity values and anticipated social justice reforms seemingly imminent. However, differing ideas regarding how to...more
On its face it appears to be counterintuitive: United States federal courts recognizing and enforcing workplace rights for employees working in an illegal industry. After all, we would not expect a judge to lend a sympathetic...more
8/19/2022
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Discrimination ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Illegal Drugs ,
Race Discrimination ,
Sexual Harassment ,
Title VII
For nearly a decade, financial institutions operating in states with regulated cannabis markets (whether medicinal or recreational) have struggled with their ability to offer banking services to entities legally operating...more
As the trend to legalize the medical and recreational use of marijuana continues to blaze through the states, federal law, and bankruptcy courts by extension, have not yet followed suit....more
6/8/2022
/ American Bankruptcy Institute ,
Bankruptcy Code ,
Cannabis-Related Businesses (CRBs) ,
Chapter 11 ,
Controlled Substances Act ,
Creditors ,
Decriminalization of Marijuana ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Workout Agreements