Cannabis Industry

November 27, 2017April 6, 2020 by Justin A. Santarosa

How California’s Emergency Cannabis Regulations Affect Dispensaries

On November 16, 2017, the California Bureau of Cannabis Control published emergency regulations governing both the medical and the adult-use cannabis industries in California. Below are the highlights of the emergency regulations and how they may impact adult-use and/or medicinal retailers, or dispensaries as they are more commonly known.

This post is the third in a series of entries on the Duane Morris Cannabis Industry blog that will provide an analysis of the new California emergency regulations. If you have any questions about the regulations, please contact Jennifer Briggs Fisher in our San Francisco office or Justin Santarosa in our Los Angeles office. Continue reading “How California’s Emergency Cannabis Regulations Affect Dispensaries”

November 20, 2017April 6, 2020 by Justin A. Santarosa

The Impact on Growers – California’s Emergency Cannabis Regulations

Last Thursday, California’s three cannabis licensing agencies published emergency regulations to govern both the medical and adult-use cannabis industry in California under the Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) (Bus. & Prof. Code 26000 et seq.).

The California Department of Food and Agriculture (CDFA), through its CalCannabis Cultivation Licensing Division (CalCannabis), is the licensing authority for all cannabis cultivators in California. CalCannabis is also developing the track-and-trace systems that will record the movement of cannabis through the supply chain from cultivation to sale. Below are the highlights of the CDFA’s emergency regulations and how they may impact growers.

This post is the second in a series of entries on the Duane Morris Cannabis Industry blog that will provide an analysis of the new regulations. If you have any questions about the regulations, please contact Jennifer Briggs Fisher in our San Francisco office or Justin Santarosa in our Los Angeles office. Continue reading “The Impact on Growers – California’s Emergency Cannabis Regulations”

November 18, 2017April 6, 2020 by Justin A. Santarosa

California Releases Emergency Cannabis Regulations

On November 16, 2017, California’s three cannabis licensing agencies published emergency regulations to govern both the medical and adult-use cannabis industry in California under the Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) (Bus. & Prof. Code 26000 et seq.). The regulations published by the Bureau of Cannabis Control, the Department of Food and Agriculture and the Department of Public Health cover, among other things, cultivating, manufacturing, testing, growing, packaging and potency requirements.

Below are highlights of the emergency regulations. This post is the first in a series of entries on the Duane Morris Cannabis Industry blog that will provide an analysis of the new regulations. If you have any questions about the regulations, please contact Jennifer Briggs Fisher in our San Francisco office or Justin Santarosa in our Los Angeles office. Continue reading “California Releases Emergency Cannabis Regulations”

November 17, 2017 by Duane Morris

FDA Warns Cannabidiol-Infused Products Manufacturers Over Health Claims

The U.S. Food and Drug Administration (FDA) has recently issued warning letters to four companies concerning the marketing of products containing cannabidiol (CBD). FDA alleged that claims made on websites and social media webpages concerning the health benefits of CBD violated the Federal Food, Drug and Cosmetic Act. The products at issue included CBD-infused oils, edibles, tinctures and creams, and the manufacturers included statements claiming various health benefits from CBD.

To read the full text of this Alert, please visit the Duane Morris website.

November 2, 2017November 3, 2017 by Paul P. Josephson

Appellate Ruling Confirms New Jersey’s Authority to Reschedule Marijuana, But Does Not Mandate Rescheduling

By Paul P. Josephson

In a rare 2-1 decision, New Jersey’s intermediate appeals court has overturned the decision of New Jersey’s Director of Consumer Affairs that he does not have the authority to reschedule marijuana from a Schedule I to Schedule IV substance. The dissent affords the state the right of appeal to the New Jersey Supreme Court, and the state quickly confirmed it will appeal.

Contrary to several early press reports, including Associated Press coverage reprinted nationally, the appellate judges did not require the Director to review Schedule I status. Continue reading “Appellate Ruling Confirms New Jersey’s Authority to Reschedule Marijuana, But Does Not Mandate Rescheduling”

November 1, 2017November 3, 2017 by Paul P. Josephson

DM Speaks on New Jersey Recreational Cannabis Bill

By Paul P. Josephson

In anticipation of electing a new governor in November 2017 and enactment of adult use (recreational) cannabis legislation in the first half of 2018, the New Jersey Cannabis Industry Association and industry thought leader Weedmaps sponsored the first education seminar on Cannabis Policy, Zoning & Licensing designed for New Jersey public officials on September 14 in New Brunswick, New Jersey.

Moderated by David O’Brien, Director, East Coast Government Relations, Weedmaps, the panel discussed what constitutes good local cannabis policy, what has worked and not worked in legalized jurisdictions, and how to create a responsible local marketplace for the cannabis industry while ensuring public safety, protecting public health, and deterring youth from use. Continue reading “DM Speaks on New Jersey Recreational Cannabis Bill”

October 23, 2017November 19, 2017 by Seth A. Goldberg

Pennsylvania Medical Marijuana Market Officially Opens!

Exciting times in Pennsylvania!! After (i) medical marijuana was legalized in PA in April 2016, (ii) the PA government received more than 900 applications for permits to grow, process and/or dispense in March 2017, and (iii) 12 permits were awarded to grow/process and 27 permits were award to dispense in June 2017, the first grower/processor has been approved to operate, meaning marijuana will now be lawfully grown in PA.

October 6, 2017 by Seth A. Goldberg

Insuring Cannabis Businesses

As I note in the linked article, insurers only stand to gain, and in big ways, from underwriting cannabis businesses. Growers, processors, dispensaries and ancillary businesses need a full range of coverage, and are ready to obtain it! Just as in any industry, insurance is a critical component to success in the cannabis space and will hasten the growth of markets already expanding at warp-speed. There are ways for insurers to cover the medical and recreational marijuana markets notwithstanding the regulatory uncertainty. It may require some creativity, but given the financial upsides, it should be well-worth the time and effort it takes to find the optimal pathway.

October 5, 2017 by Seth A. Goldberg

Valuing a Medical Marijuana Grow

The medical marijuana market in Pennsylvania does not go live until, at the earliest, January 2018. However, the applicants for permits were required to develop business plans based on pro forma projections without having any “actual” information about marijuana sales in the market in which they intend to operate. Actual sales information from other states may be a useful proxy, but not necessarily a completely reliable one because of the differences in the regulations that define the marijuana markets in each state. A good example of the challenge in valuing a cannabis business is the recent proposal by Franklin Labs, which obtained one of 12 permits to grow cannabis in PA, to sell its permit for $20,000,000 months before the PA market goes live.

September 22, 2017 by Duane Morris

Know the Law: The Legal Side of a Cannabis Business

Join Duane Morris’ Patricia Heer at the October 12 NYC Women Grow event, “Know the Law: The Legal Side of a Cannabis Business,” in Duane Morris’ New York office, starting at 6:30 p.m.

The panel discussion will address the legal issues that current, future or ancillary businesses need to consider when working in the cannabis space.

Speakers

Patricia H. Heer Special Counsel, Duane Morris, LLP

Deanna Clark-Esposito, Managing Attorney, Clark-Esposito Law Firm, P.C.

Lauren Rudick, Partner, Hiller, PC

For more information and to register, visit the event website.