• New Legislation to Regulate Hemp, Extracts and CBD

    Mitchell Pawluk and Meaghan Lambert | August 14, 2019

    The New York State Legislature has passed legislation which, if signed by Governor Cuomo, will establish one of the most comprehensive regulatory frameworks for hemp and hemp extracts in the country and could significantly impact the burgeoning hemp industry in New York by adding new regulatory requirements. This article provides a summary of some of the legislation’s more notable (and controversial) provisions.

  • Update on Medical Marijuana in the NJ Workplace

    Sean Mack | August 08, 2019

    Employers should be aware of developments in NJ cannabis law: a recent court decision ('Wild') involving the disability discrimination claims of a worker who used medical marijuana, and the newly enacted Jake Honig Compassionate Use Medical Cannabis Act.

  • The Uncertain Status of Food Products Containing CBD

    Meghana Shah and Melissa L. Fox | July 30, 2019

    FDA regulations may not be released for years, and some local authorities like the New York City Department of Health are not waiting and have begun to crack down on the sale of food and beverages containing CBD.

  • Legality of Hemp-Derived CBD: Use the C for Caution

    Scott D. Locke | July 24, 2019

    For the businesses that wish to push forward on this uncertain landscape, cautious and strategic marketing may be the best—although not risk free—course of action.

  • High Time to Review Condominium Medical Marijuana Rules and Regulations

    Barney Weinkle | July 22, 2019

    Due to the ever-increasing number of condominium developments in South Florida, associations, owners and residents are abuzz about restrictions and regulations preventing owners who wish to indulge in smoking marijuana in the privacy of their own apartments or on their balconies.

  • Unique Issues in Cannabis-Related Transactions

    Ryan V. Stearns | July 18, 2019

    While cannabis remains illegal under federal law, it is imperative for owners and operators in this space to mitigate as many risks as possible.

  • Incriminating Expenses: Cannabis Legalization and the Fifth Amendment

    Jeremy H. Temkin | July 17, 2019

    In his Tax Litigation Issues column, Jeremy Temkin discusses how the conflict between state laws legalizing the cannabis industry and federal tax law precluding participants in that industry from deducting business expenses disadvantages cannabis businesses from a federal tax perspective.

  • Cannabis Law and Business: Extracting Cash From Cannabis Trash

    Steve Schain | July 10, 2019

    Yet, despite irrationally exuberant investment in cannabis and industrial hemp growing, processing and sale, massive unrealized early stage funding opportunity exists for tackling environmental issues including organic and hazardous waste collection, processing and disposal.

  • Cannabis Legalization and Employee Drug Testing: A Tricky Combination

    Brandyne Russell and Mindy Sircus | July 09, 2019

    With more states working to decriminalize or legalize marijuana use, routine workplace drug screening deserves a closer look.

  • Take the Due Diligence High Road for Cannabis-Related Leases

    Lisa Brown | July 08, 2019

    Katy Young, managing partner of Ad Astra and the current president of the National Cannabis Bar Association, recently shared insights into leasing retail space for cannabis use.

  • Florida’s Budding Cannabis Industry Expands With New Hemp Law

    Justin M. L. Stern, Robert A. Zinn, Jay Steinman and Jennifer A. Migliori | July 01, 2019

    According to a research report published by Cowen & Co. earlier this year, the investment bank believes that the U.S. market for cannabidiol (CBD) consumer goods could reach $16 billion—a “conservative” forecast—by 2025, up from between $600 million and $2 billion in 2018 retail sales. As the third-most populous state in the country, this is a very big deal for Florida.

  • FDA Hearing on Cannabis Products—CBD Takes Center Stage

    Joshua Horn and Ellis W. Martin | June 25, 2019

    While the president and Congress gave hemp the go-ahead, it is now on the regulators to take the next step. The FDA has authority to regulate cannabis-derived compounds, including CBD, under the Federal Food, Drug, and Cosmetic Act. So far, though, the FDA has not done much regulating in regards to CBD.

  • The 2018 Farm Bill, Hemp and Interstate Commerce

    Joshua Horn and Jesse M. Harris | June 21, 2019

    Among other things, the 2018 Farm Bill removed hemp from the Controlled Substances Act, unlocking a new industry that is poised to make serious waves throughout the agricultural sector and beyond.

  • Branding Cannabis: How IP May Unlock the True Value of the Green Rush

    David S. Gold | June 21, 2019

    Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

  • Banking the Marijuana Business: Legal or Not?

    Michael Rave and Megan Bedell | June 20, 2019

    Due to marijuana's illegality under federal law, any financial institution that provides banking services to a marijuana related business is engaging in money-laundering. Those banks that have chosen to work with the marijuana industry have been operating under a semi-official set of rules.

  • Incorporating Social Justice Reform Into Legalization Laws

    Nikolas S. Komyati and Risa D. Rich | June 20, 2019

    In the area of social justice reform, legislators attempted to take steps to address the significant impacts for thousands of New Jerseyans who have been arrested and convicted of minor cannabis-related offenses.

  • CBD Use in Consumer Products Under the Farm Bill and NJ Law

    Nicole A. Maguire | June 19, 2019

    The lack of guidance at a federal level represents a situation whereby businesses in the cannabis industry should proceed with caution.

  • Expansion of Medicinal Marijuana Is in NJ's Future, but Adult Use May Not Be

    Lisa Gora and Michael F. Schaff | June 19, 2019

    Despite the constant political movement surrounding the medicinal marijuana program, New Jersey can certainly expect a change in the landscape that will provide increased access to the patient population served by the program.

  • Board of Medicine Signs Off on Medical Marijuana Changes

    Christine Sexton | June 11, 2019

    The board agreed to change its medical-marijuana rules so that physicians can certify that the benefits of smoking marijuana for medical use outweigh the risks.

  • Medical Marijuana and Child Custody

    Chris Meuse | June 10, 2019

    If Texas legalizes marijuana, courts and family law practitioners should not presume parents are negligent or endangering their child if they are consuming marijuana as authorized.

  • Medical Marijuana Patients Cannot Be Fired for Failing Drug Test

    Louis Locascio | June 03, 2019

    OP-ED: In a nutshell, the court concluded that “the Compassionate Use Act does not immunize what the LAD prohibits.” This decision makes sense.

  • The North American Cannabis Industry Is Slowly Going Public

    Evan P. Zimmerman, Paul T. Colella and Patrick S. Convery | May 31, 2019

    Until cannabis is legalized at the federal level, it appears that cannabis producers operating in the United States will not be able to fully capitalize on the high level of demand exhibited by U.S. investors.

  • Cannabis Business RICO Claims Have Failed So Far, but They're Still a Threat

    Matthew J. Smith | May 24, 2019

    With a growing number of states legalizing medical and adult-use marijuana, anti-cannabis plaintiffs have turned to innovative legal theories, including RICO racketeering and conspiracy claims, aimed at disrupting cannabis businesses.

  • Legal Guidance for Medical Marijuana in the Workplace Remains Hazy

    Denise Elliott | May 24, 2019

    The legal landscape for employers grappling with the impact of medical marijuana on their workplaces remains quite hazy (pun intended).

  • Five Ideas That Can Solve the Cannabis Banking Problem

    Joann Needleman | May 22, 2019

    Despite this exponential growth, the cannabis industry still suffers from the lack of even the most basic financial services. It’s a problem that over-anxious legislatures have simply avoided and swept under the rug, so as to not disturb the potential tax revenue that awaited them on the upside.

  • Creating Diversity in the Cannabis Industry and Why It's Important

    Carlton L. Johnson and Thomas W. Nardi | May 22, 2019

    One challenge, however, presents a significant business opportunity for those who are willing to champion the cause: Creating diversity in the cannabis industry.

  • In the Midst of Changing Cannabis Laws, What Can an Employer Do?

    Michael Warren | April 12, 2019

    The legalization of recreational cannabis presents unique challenges to employers’ efforts to maintain a drug-free workplace.

  • Patent Litigation in the Cannabis Industry—2 Cases to Review

    Gretchen L. Temeles | March 25, 2019

    Law students are taught that one purpose served by the civil legal system is to provide predictability in business. For the cannabis industry, predictability remains a work in progress in view of conflicting federal and state laws and regulations.