Cannabis

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  • Crossing The Line: California Looks to Permit Interest Transfer and Distribution of Cannabis

    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.” 

  • Cannabis and Social Justice Reform: Are We Doing Enough?

    With the anticipation of federal marijuana legalization, the cannabis industry rang in 2021with sky-high equity values and anticipated social justice reforms seemingly imminent. However, differing ideas regarding how to legalize marijuana has left federal legalization in limbo and, 20 months later, the sector is still plagued by a myriad of factors that have effectively limited opportunities to succeed in the newly legal cannabis market: onerous capital requirements which can only be financed privately, prohibitions on granting licenses to drug felons, and other hurdles. While both chambers of Congress have made strides by passing bills addressing these issues, such as the Secure and Fair Enforcement (SAFE) Banking Act, Cannabis Administration and Opportunity Act (CAOA), and the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, all have failed to secure enough bipartisan support to break through the stalemate.

  • Maybe You Can Play In the Sandbox If You Don’t Live in the Neighborhood – Have Marijuana Residency Licensure Requirements Gone Up In Smoke?

    A recent decision from a divided three-judge panel of the U.S. Court of Appeals for the First Circuit has put these residency requirements in jeopardy by holding that Maine’s residency requirement for marijuana business license holders violates the dormant Commerce Clause of the U.S. Constitution.

  • Federal Discrimination Statutes and the Cannabis Industry: An Illegal Industry Still Subject to Federal Laws

    Recent federal cases and administrative actions make it clear that, although participants in the marijuana industry may be engaging in conduct deemed illegal under federal law, cannabis companies must still comply with federal discrimination laws.

  • Maybe This Time Will Be Different: Senate Unveils Legislation to Legalize Marijuana

    On Thursday, July 21, 2022, Senators Chuck Schumer, Ron Wyden, and Cory Booker unveiled the long-awaited Cannabis Administration and Opportunity Act (CAOA), which, if passed, would decriminalize marijuana at the federal level and require various federal agencies to establish rules for regulating various aspects of the marijuana industry.

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