Category: March 2021

Kight Law: New Vape Rules: Here’s What You Need To Know

As a result of the most recent Congressional Appropriations Act, hemp vaping products, including hemp extracts, CBD, and delta-8 THC, are about to be subject to a comprehensive law and set of federal and state regulations. This article discusses the new law and associated regulations. It also provide a practical overview of the things that all sellers of vape products should know. Click here to read our other article on the new vape requirements. 

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Buscher Law: Bipartisan Legislation Introduced in Colorado Requires Medical Marijuana be Treated like Pharmaceuticals in Schools.

On February 16, SB 21-056 (SB-56) was introduced in the Colorado General Assembly requiring that school boards create a policy for the administration and storage of medical marijuana in a non-smokable form on school grounds. This bill finally recognizes the legitimacy of cannabis therapeutics and the necessity for students to be in school, no matter what course of treatment a doctor recommends.

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Squire Patton Boggs: Cannabis And Bankruptcy: 2020 In Review

In 2020, bankruptcy court doors continued to be shut to cannabis companies.  Perhaps most troubling is the continued bar for companies that are only tangentially involved in the state-legalized cannabis industry.  Although outlier cases exist, and even though courts have hinted that bankruptcy may be appropriate for some cannabis-related individuals and companies in some situations, there is a consensus now that bankruptcy is generally not available to individuals and companies engaged, directly or indirectly, in the cannabis industry.  Below are some of the most important decisions from 2020.

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Citrin Cooperman: Conversations about Legalization or Decriminalization—Cannabis Market Reactions

Speculation abounds these days with regard to the impact of the political environment on cannabis in the United States. Whether the conversation centers around the potential SAFE Banking Act, or the MORE Act, or the general social media hype on cannabis legalization or decriminalization, this tidbit of unverified information appears to be influencing investors’ decisions to purchase stock in cannabis companies.

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Kelley Drye: CBD and Hemp Legal and Regulatory Roundup – February 2021

While many states have legalized medical and recreational marijuana, marijuana remains an illegal controlled substance under federal law. As we have previously discussed, this has created a conundrum of sorts for employers who want to maintain a drug free workplace. In New York State, the landscape for employers has just gotten more challenging.

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Morgan Lewis: February 24, 2021 Legalized Recreational Cannabis and the New Jersey Workplace – What Employers Need to Know

New Jersey Governor Phil Murphy signed legislation on February 22 enabling the constitutional amendment to legalize adult recreational use of cannabis and a companion decriminalization bill. Each law has significant employment implications, including a requirement in the enabling legislation that employers procure a “Workplace Impairment Recognition Expert” to conduct physical evaluations to determine marijuana use and impairment in the workplace.

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Foley Hoag: New Jersey Cannabis – Right Place, Right Time

New Jersey Cannabis had itself a week. Following a recent decision permitting the New Jersey Department of Health, Medical Marijuana Division (“DOH”) to continue scoring its 2019 Request for Applications (“2019 RFA”) and award twenty-four (24) additional medical cannabis licenses, New Jersey doubled down; with Governor Murphy not only signing into law the adult-use enabling legislation, but also finally appointing the remainder of the Commissioners to the five (5) person Cannabis Regulatory Commission (“CRC”). But what does this mean for what has quickly become the hottest cannabis marketplace in the United States? Well, a lot.

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Greenbaum Rowe Smith & Davis LLP: New Law And Attorney General Directive Serve To Vacate Prior NJ State Court Marijuana Possession Verdicts, Pleas, And Diversionary Programs

On February 22, 2021, New Jersey Governor Phil Murphy signed into law sweeping legislation that not only decriminalizes state marijuana-related offenses, but also serves to vacate prior guilty verdicts and pleas, as well as diversionary programs such as pretrial interventions (PTI) and conditional discharge (CD) resolutions.

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Jenner & Block: Overview of Environmental Health and Safety Compliance Issues Facing the Cannabis Industry

As more states legalize the use of cannabis[1], the market value of the U.S. cannabis industry is projected to reach $30 billion annually by 2025. Fifteen states currently allow the recreational use of cannabis and 36 states allow for the use of cannabis for medicinal purposes. In addition, there is increasing pressure at the federal level to legalize cannabis for both medicinal and recreational uses. In order to sustain this rapid growth, ensuring consistent compliance with applicable environmental, health and safety rules and regulations cannot be underestimated.

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Michael Sassano: GMP & Compliance: GMP SERIES #1: “Starting Your GMP Approval Process for Cannabis Correctly”

The path to facility and product approval in  cannabis is a long road that requires attention to detail and proper knowledgeable people to guide the project from start to finish and beyond. There are different levels of GMP approvals, but our concentration will be on pharmaceutical manufacturing, food supplement manufacturing and grow side processing through the series. Keep in mind, GMP, or Good Manufacturing Processes, is are minimum standards set and approved by regulatory authorities to create uniformity of product production and to protect the consumers. In cannabis, we should always strive for higher quality to spread awareness,  increase education and speed distribution of products to patients worldwide.

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Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Elvin Rodríguez Fabilena


Julie Godard
Carl L Rowley -Thompson Coburn LLP

Jerry Chesler – Chesler Consulting

Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

William Bogot – Fox Rothschild

Valerio Romano, Attorney – VGR Law Firm, PC

Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild