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On March 7, 2023, a federal court in Pennsylvania issued a ruling denying a cannabis company’s motion to dismiss claims based on the federal Fair Labor Standards Act (the “FLSA”). The Department of Labor is expected to issue updated guidance in May 2023 regarding proper classification of workers as employees or independent contractors.
The November 2020 election was a great win for advocates for cannabis legal reform , with four states voting to legalize recreational cannabis, joining the 11 other states that have decriminalized recreational cannabis use. Medical Cannabis and Employment. ” What Federal Law Says.
Governments far and wide have labored to fight its use. Luckily, cannabis is excellent in doing this. Fighting cannabis use is not only unnecessary but also expensive. However, all of this can go away with legalization. The discovery of marijuana dates back to the times of the Chinese Emperor, Shen Nung.
Here we go… Big changes are coming for L.A.’s The last time I wrote on this topic, the Department of Cannabis Regulation (“DCR”) made several proposals to City Council on how to re-vamp Phase 3 licensing for efficiency and expediency, which at the time the City Council pretty much rejected.
made some progressive moves towards bolstering consumer protection in the City concerting illegal cannabis (see this pretty great interactive map for your legal cannabis providers in City borders) and rounding out (legally speaking) the Phase III licensing process that’s been long awaited by stakeholders. generally, see here ).
Last Wednesday, the Oregon cannabis lawsuit weve been waiting for finally dropped. Industry operators should tip their hats to plaintiffs Ascend Dispensary and Bubbles Hash, and our friends at the law firm Fisher Phillips LLP, for stepping up and challenging Ballot Measure 119 in U.S. District Court.
Why So Many Cannabis Lawsuits, and How to Avoid Becoming One of Them The cannabis industry is one of the most lawsuit-heavy sectors in the country. Cannabis litigation is exploding. If you run a cannabis business, you need to know why this is happeningand how to avoid becoming the next case on the docket.
Since January 2018, distributors have played an interesting role in California cannabis. As of summer 2017, because of a technical fix to the (now repealed) Medical Cannabis Regulation and Safety Act and Prop. 64, distributors do not have to take title to cannabis products. But first, a little history.
The cannabis industry is growing rapidly – literally! Not only are there special considerations within the industry, but you must also follow strict regulations and laws throughout the process. While Nevada’s medical marijuana laws and recreational marijuana laws share a lot of commonalities, there are also aspects unique to both.
The international cannabis market is growing rapidly. cannabis entrepreneurs along with the desire for investment on the part of U.S. cannabis companies has led to expanded activities in other parts of the world. cannabis entrepreneurs along with the desire for investment on the part of U.S. operations.
Grasping Virginia’s medical marijuana (MMJ) laws can be confusing, especially when it comes to the role of primary caregivers. As the landscape for medical cannabis evolves, knowing the requirements, responsibilities, and legal implications of being an MMJ caregiver in Virginia makes the difference.
You can now get a license to grow and sell cannabis from the State of California That doesn’t mean it’s easy, or that most people will apply. For those that want to, here’s (much of) what you need to know. Our only remedy is to come together, share what we know, and then get organized to create positive change where it is needed.
This means that as of December 5 th , every OLCC licensed retailer, processor, researcher and testing lab must secure a labor peace agreement before OLCC will approve a new or renewal license application. The labor peace agreement must be with a “bona fide labor organization.”
Conditional Adult Use Retail Dispensary (“CAURD”) license applicants and those applicants seeking unconditional licenses in New York must comply with the New York State mandate and enter into, maintain and comply with a Labor Peace Agreement (“LPA”) with a bona-fide labor union. What is a labor peace agreement?
for employers, and especially for cannabis employers. Classifying California cannabis workers is one of the biggest challenges for local industry. Cannabis companies often think they can get around employment law requirements by calling workers “contractors” who are not entitled to the same rights and benefits.
Cannabis isn’t federally legal. Companies who operate in the cannabis space really only have the protection of the state’s laws in which they operate. Even full compliance with state laws is no shield to federal penalties or enforcement. Helix”) provides security services to cannabis businesses.
Welcome the ninth annual State of the State post on Oregon cannabis. As far as what people are actually buying at OLCC shops: 2% of purchases are for usable marijuana 25% are extracts/concentrates 7% are edibles/tinctures 10% are inhalable product with non-cannabis additives 4% is other; and 6% is industrial hemp commodity products.
In the leadup to the Office of Cannabis Management (“OCM”) application portal opening date of August 25, 2022 for Conditional Adult Use Retail Dispensary (“ CAURD ”) licenses we have received a few repeat questions from our clients regarding the application. What documents can an applicant submit as proof of criminal record(s) to the OCM? .
Add “global pandemic” to the list of challenges faced by the sputtering cannabis industry. But you run a small (or small-cap) cannabis business. What should you be doing? Excellent guidance exists on what you should be doing today, including at the federal level ( CDC ; OSHA ) and by states and counties (cf.
If you read any of the news articles previewing the 2025 session, you wont see cannabis as a legislative priority. All of that said, the Cannabis Industry Association of Oregon (CIAO) and others have been working on their wish lists , and I do expect to see a few new cannabislaws in 2025. Been on the list for a while.
When it comes to cannabis ballot measures, a common promise is made to voters that the increased tax revenue from cannabis sales will go back into the community. Cannabis taxes are therefore unavoidable. In turn, all states have their fair share of cannabis tax headaches. Let’s look at what happened.
I’ve been practicing corporate, transactional, and regulatory law in the marijuana industry for going on 10 years now. At the same time, my interest in these things is usually peaked when looking at what members of Congress are willing to push when it comes to nationwide legalization. What exactly would the MORE Act do?
We’ve written a lot recently about how cannabis companies are falling on tough economic times in this roiling economy. When times get lean, cannabis companies need to innovate and get more competitive with services and product offerings. Cannabis joint ventures are no different. What is a joint venture?
While all of this sounds great (although the roll out of the program has not been the smoothest), cannabis businesses and even ancillary cannabis businesses won’t see a dime of this federal financial relief. Additionally, federal illegality prevents cannabis businesses from receiving newly created “disaster loans” from the U.S.
[link] [link] At Meadowlands, representatives from along the licensed California cannabis supply chain discussed creating an environment of open, cooperative cannabis, scaling in the legal market, and capturing the opportunity to finally a create a cannabis industry in California as it should be. no one can operate in a silo.
The fruits of this work are our recent updates to tax functionality, our Meadow Memo on Cannabis Taxes outlining the basics, and our Cannabis Tax and Accounting Workshop to dive into specific details. Our goal is to bring simplicity and clarity to a confusing topic that touches everyone with any relationship to cannabis.
The rapid and devastating proliferation of COVID-19 has affected businesses worldwide, and cannabis is no exception. Here in California (and in other states), the state announced that medical cannabis dispensaries are essential and may remain open as part of the state’s Stay-At-Home order. Cure claims and snake oil.
Last week, Vince Sliwoski wrote a post titled “ Cannabis and Coronavirus: What Your Business Should Do Right Now ” offering some high-level thoughts on how to mitigate the impact of COVID-19 on cannabis businesses. What is the defense of impossibility? emphasis added). Financial hardship and most unexpected difficulties.
Elias claims Barr directed the DOJ’s Antitrust Division (the Division) to unjustly target cannabis company mergers because Barr personally dislikes the cannabis industry. Perez’s article even refers to these cannabis claims as a “tangent.” John Elias’ Claims.
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