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Cannabis
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January 09, 2024
Pot Consultant Allegedly Burned By Client's Unreported Sales
A consultancy facilitating cannabis sales between licensed businesses in Colorado says one of its customers broke a services contract by hawking products to certain retailers without the consultancy's approval, circumventing transaction fees in the process.
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January 08, 2024
Supreme Court Won't Review Calif.'s Flavored Tobacco Ban
The Supreme Court won't review California's voter-backed ban on flavored tobacco products, denying R.J. Reynolds Tobacco Co.'s petition on Monday.
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January 08, 2024
Ethics Charges Against Detroit Judge Meet Stiff Resistance
A commissioner of Michigan's judicial watchdog on Monday pushed in-house counsel to back up its charges against a Detroit judge accused of allowing a confidential informant to lie on the stand when he was a state prosecutor, getting the counsel to admit there was no written agreement with the informant to support the claim.
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January 08, 2024
Hawaii AG Issues Proposal For Cannabis Legalization
In Hawaii, where lawmakers are expected to consider a proposal to legalize adult-use marijuana this year, the state's attorney general has issued a report and draft legislation recommending how best to mitigate the public health and safety concerns associated with legalization.
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January 08, 2024
Wash. Court Says Dormant Commerce Doesn't Apply To Pot
A Washington state federal judge has denied an effort to block the state's cannabis social equity program from awarding retail licenses, saying that the dormant commerce clause argument advanced by an out-of-state litigant is likely to fail since pot is federally illegal.
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January 08, 2024
Justices Won't Review Citizenship Bar Over Legal Pot Biz
The U.S. Supreme Court on Monday rejected a Salvadoran's bid to overturn a Ninth Circuit decision that barred her from being naturalized for operating a licensed marijuana business in Washington state.
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January 05, 2024
Colo. Pot Co. Owner Says Partner Flouted Deal For Merger
The founder of the Colorado-based Euflora chain of dispensaries is suing his partner and a multi-state cannabis operator, Jars Holdings Inc., which allegedly agreed to buy his $9.3 million share of the Euflora business, claiming they violated terms of the sale contract and acted in bad faith.
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January 05, 2024
6th Circ. Says Cannabis Co. Can't Block Rival's Shop
Cannabis company Local Roots can't upend a settlement a Michigan city made with a rival enterprise that allows for more than one dispensary to set up shop in the town, the Sixth Circuit ruled, saying Local Roots missed its chance to intervene in their litigation.
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January 05, 2024
Pharma Co. Snags $100M To Advance Psychedelic Treatment
The pharmaceutical arm of the nonprofit Multidisciplinary Association for Psychedelic Studies said on Friday it raised $100 million in an initial round of financing as it transitions to new leadership.
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January 05, 2024
Cannabis Bill Roundup: Ky., NH Lawmakers Eye Legalization
A Kentucky state representative introduced a proposal to legalize adult-use marijuana just one year after the state approved medical cannabis; New Hampshire legislators initiated the latest in a string of thus far frustrated efforts to legalize recreational marijuana; and New York lawmakers are mulling a proposal to rein in the state's illicit cannabis market. Here are the major legislative moves in cannabis policy from the first week of 2024.
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January 05, 2024
Where Psychedelics Policy Is Going In 2024
Federal health regulators will consider the first new drug application for a psychedelic medication, while Congress is eyeing legislation to broaden access to psychedelic substances. Meanwhile, California and Massachusetts could join Oregon and Colorado in pursuing their own policies to regulate psychedelic services in contravention of federal law, though it's unclear if the feds will remain hands-off.
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January 04, 2024
NM Cannabis Regulators Hit 2 Growers With $2M In Fines
The state of New Mexico's cannabis regulation unit has levied $2 million total in fines against two marijuana-growing operations while stripping them of their licenses, saying they violated a slew of rules governing plant count, cultivation plans, required tracking software and various security measures.
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January 04, 2024
Conn. AG Orders Unlicensed Pot Market To Stop Meeting
The Connecticut attorney general is looking to shut down a recurring cannabis "gifting" event located north of New Haven, saying that organizers are flouting the state's regulated market and enabling sales to those under 21.
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January 04, 2024
Small Vape Cos. Ask Court To Block FDA Premarket Rule
A coalition of vape and e-liquid makers are urging a Texas federal court to block the U.S. Food and Drug Administration from requiring them to submit an array of reports on new products before they can be sold, decrying the regulation as onerous to small manufacturers.
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January 04, 2024
TTAB Makes 'Captain Cannabis' Decision Precedential
The Trademark Trial and Appeal Board has made precedential a decision that sided with a comic book creator in a dispute over the "Captain Cannabis" trademark.
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January 04, 2024
State Lawmakers Eye Tighter Restrictions On Hemp Products
Policymakers in Nebraska, Arizona and Missouri kicked off 2024 by introducing new legislation or initiating efforts to tighten oversight of the sale of products that are derived from federally legal hemp but can mimic the psychoactive effects of marijuana.
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January 04, 2024
Why The Hemp-Marijuana Rift Could Widen In 2024
Policy battles over intoxicating products derived from federally legal hemp have exposed the extent to which the hemp industry's embrace of psychoactive wares has brought it into competition with the marijuana sector, and experts predict it's going to get more heated in 2024.
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January 03, 2024
Cannabis Co. Says Investor Should Not Get Fresh Shot At Suit
Cannabis company Cronos Group Inc. has urged a New York federal court not to resurrect a dismissed investor-led securities fraud lawsuit, saying the plaintiff had numerous chances to amend his suit to include alleged misconduct by one of its executives but repeatedly chose not to.
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January 03, 2024
Pot Co. Suit Slams Calif. Tax Dept.'s 'Massive Overcollection'
A unit of Catalyst Cannabis Co. is accusing California's tax office of abusing its emergency powers to force dispensaries to pay cannabis excise taxes on "accessories," according to a lawsuit filed in state court that suggests the state specifically targeted the retailer.
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January 03, 2024
FDA Sent E-Cig Cos. On 'Wild Goose Chase': Full 5th Circ.
An en banc Fifth Circuit said Wednesday that the U.S. Food and Drug Administration sent e-cigarette makers on a "wild goose chase" when it denied their premarket tobacco product applications for flavored e-cigarette products by pulling a "switcheroo" in the midst of the application process.
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January 03, 2024
NY Lawmaker Eyes Empowering Cities To Target Illicit Pot
A recently introduced New York state bill would empower cities to shut down unlicensed cannabis retailers and seize their product, providing a new tool for municipalities attempting to rein in unregulated marijuana sales while the authorized market is still getting off the ground.
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January 03, 2024
Hemp Industry Urges Congress To Make Policy Changes
A coalition of hemp industry organizations on Wednesday unveiled a slate of proposed changes to federal hemp policy they say would improve consumer safety and mitigate some of the onerous regulations that have been in place since Congress legalized hemp in 2018.
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January 03, 2024
Ex-Trulieve GC Joins Dorsey & Whitney In Phoenix
Dorsey & Whitney LLP announced Wednesday that the former general counsel of Trulieve Cannabis Corp. joined the firm's Phoenix office as a partner.
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January 03, 2024
The States That Could Legalize Pot In 2024
For the first time since cannabis was federally outlawed, a majority of Americans now live in states where the drug has been legalized for adult recreational use. Cannabis reformers and attorneys say the number of legal states is likely to grow in 2024.
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January 02, 2024
Ayahuasca Church Pushes Back On IRS Claims At DC Circ.
An Iowa church that has used a federally prohibited psychedelic as part of its rites is contesting the IRS' assertion that it primarily exists for illegal purposes, telling the D.C. Circuit it is committed to obeying the law.
Expert Analysis
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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Cannabis Co. Considerations For Handling A Union Campaign
As employees in Connecticut and across the country increasingly unionize, cannabis employers must understand the meaning of neutrality and the provisions of labor peace agreements to steer clear of possible unfair labor charges, say attorneys at Shipman & Goodwin.
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Absent Federal Action, Tribal Cannabis Laws Remain In Limbo
Many Native American tribes have proceeded with cannabis legalization efforts despite inconsistent federal enforcement and a confusing jurisdictional landscape, but until the federal government takes action, tribal sovereignty on this issue will remain ad-hoc and uncertain, says Anna Wills at Duane Morris.
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Opinion
SAFE Banking Should Include Cannabis Co. Retirement Plans
Though states are increasingly requiring companies to offer employee retirement plans, state-regulated cannabis businesses will not be able to comply unless the proposed federal SAFE Banking Act is expanded to allow them legal access to the nondepository financial institutions that administer these benefits, say Jeremy Koepf and William McNichol at Rutgers Law.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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3 Job Satisfaction Questions For Partners Considering Moves
The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.
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State, Federal Disconnect Sows Confusion For CBD Industry
The U.S. Food and Drug Administration’s renewed focus on CBD-infused foods, and its recent announcement that it would not develop rules for hemp-derived CBD, exposes a divide between state and federal regulation, resulting in market confusion that will need to be resolved by Congress, say attorneys at the Law Offices of Omar Figueroa.
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4 Exercises To Quickly Build Trust On Legal Teams
High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.
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Opinion
Illicit Cannabis Is The Problem, Not State-Legal Markets
A recent White House report on drug trafficking illustrates the public safety risks posed by illicit cannabis markets, and any suggestions by law enforcement agencies that misdirect blame toward the state-legal, strictly regulated cannabis industry should be taken with a grain of salt, say Tommy Tobin and Andrew Kline at Perkins Coie.
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8 Steps To Improve The Perception Of In-House Legal Counsel
With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
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Ruling Casts Shadow On Cannabis Employees' Ch. 13 Relief
The far-reaching dicta in a Massachusetts bankruptcy court's recent denial of a Chapter 13 petition cast uncertainty on the viability of bankruptcy relief for prospective debtors working in the cannabis industry — despite the ruling's narrow holding, say attorneys at Mintz.
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Probe Shows OSHA Regulating Cannabis Cos. Like All Others
Cannabis companies should consider the Occupational Safety and Health Administration's recent investigation into Trulieve following the death of an employee a harbinger of major compliance issues to come, as well as a call to recognize and respond to the hazards that their employees may be exposed to at work, say Kathryn Brown and Elisabeth Bassani at Duane Morris.
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Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis
A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
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Texas' Medical Cannabis Program May Soon Be Sittin' Pretty
A number of recently filed bills in Texas signal serious momentum for the state’s anemic medical cannabis program, and though its precise future is still hazy, a robust industry in the Lone Star State would have a profound impact on the national market, say Slates Veazey and Whitt Steineker at Bradley Arant.