News & Analysis as of

Preemption Cannabis-Related Businesses (CRBs)

Proskauer - Labor Relations Update

Oregon’s Cannabis Labor Peace Law Struck Down

On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as...more

Shipman & Goodwin LLP

A New Challenge to Mandatory Labor Peace Agreements Is Filed While Another Is Dismissed

Shipman & Goodwin LLP on

On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more

Allen Matkins

Should The Secretary Of State Accept Filings By Cannabis-Related Business Entities?

Allen Matkins on

Seven years ago, the California Secretary of State announced the debut of "Cannabizfile", a portal "for all information relevant to cannabis-related business and trademark filings with the Secretary of State".   According to...more

Sheppard Mullin Richter & Hampton LLP

Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements

On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more

McGlinchey Stafford

Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]

McGlinchey Stafford on

Cannabis is illegal under federal law, but legal for certain uses in many states. Might the U. S. Supreme Court resolve this conflict in a Workers’ Comp case? In this episode of the "More with McGlinchey" podcast, attorneys...more

Littler

Can't it be about Cannabis? Connecticut Seeds the Path to Unionization

Littler on

Connecticut recently legalized recreational marijuana use by adults. The new law creates complex employment protections for recreational marijuana users. The same legislation also includes provisions that strongly encourage...more

Farrell Fritz, P.C.

The Biden Presidency: How Will Cannabis Business Be Taxed?

Farrell Fritz, P.C. on

Wither the Weed? It has been one month since Mr. Biden’s inauguration as President of the United States. Among the many questions being asked of President Biden is whether he will seek the decriminalization of cannabis....more

Seyfarth Shaw LLP

California Ethics Committee Green Lights Advising Cannabis Clients

Seyfarth Shaw LLP on

The California State Bar Ethics Committee recently adopted Opinion No. 2020-202, which concludes that attorneys may ethically advise clients regarding compliance with California’s cannabis laws and assist them with conduct...more

Foley & Lardner LLP

Limited Options for Cannabis-Related Company Liquidations

Foley & Lardner LLP on

Many companies (both public and private) in the cannabis sector were struggling to raise capital, achieve liquidity or establish sufficient cash flow under prevailing market conditions that were buffeting the industry prior...more

Dorsey & Whitney LLP

Court Trims Cannabis Company’s Prior Use Defense Based on Preemption by Federal Trademark Law

Dorsey & Whitney LLP on

A federal district court has eliminated a cannabis company’s affirmative defense to federal trademark infringement claims based on the company’s prior use of a trademark that was legal under state law but not federal law. The...more

Dorsey & Whitney LLP

Dispute Over KIVA Trademark Continues to Smolder

Dorsey & Whitney LLP on

A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California. In late 2018, Kiva Health Brands (a national health food and...more

Epstein Becker & Green

California Puts a Foot On the Scale to Drive Unionization Higher: AB 1291 Mandates State-Sponsored Assistance in Organizing...

Epstein Becker & Green on

As private sector unionization rates have continued to fall over recent decades, organized labor has increasingly turned to the state and local politicians it supports for assistance in the form of state legislation and local...more

Holland & Hart - Employers' Lawyers

FLSA and the Cannabis Industry: 10th Circuit Rejects ‘Illegality’ Defense

Although legal for medical and recreational use in Colorado, cannabis is still federally classified as an illegal Schedule 1 substance. As such, tension results when considering the applicability of federal employment...more

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