On Wednesday, January 18, 2024, the NJ Cannabis Regulatory Commission (the “CRC”) approved regulations to allow cannabis consumption lounges where consumers will be able to buy and use cannabis products on-site. Continue reading “NJ Cannabis Regulatory Commission Approves Regulations To Allow Cannabis Consumption Lounges”
Webinar: Mainstreaming Cannabis: Bankruptcy, Receiverships and Reorganization
The Duane Morris Cannabis Industry Group, the American Trade Association for Cannabis and Hemp and Centri Business Consulting will present Mainstreaming Cannabis: Bankruptcy, Receiverships and Reorganization on Wednesday, February 7, 2024, at 12:00 p.m. Eastern.
Continue reading “Webinar: Mainstreaming Cannabis: Bankruptcy, Receiverships and Reorganization”
Class Certification For Wage & Hour Claims Against Cannabis Dispensaries Granted by California State Court
A California Superior Court recently granted class certification relative to a class of hundreds of employees against a group of dispensary defendants where the Plaintiffs presented sufficient evidence that the off-the-clock work claims, meal and rest period claims, and reimbursement of necessary business expenses claims predominated over individual inquiries and were typical of the class. The Court did not rule on the merits of the integrated enterprise, alter ego, or joint employer arguments, nor did the Court agree with the Defendant’s arguments that the claims were not typical because the Plaintiffs were not employed by each Defendant. Nonetheless, the ruling is important for employers in general and cannabis dispensaries in particular.
To read the full text of this article by Seth A. Goldberg and Nick Baltaxe, please visit the Duane Morris Class Action Defense Blog.
Prepare Workplace Policies for Legalized Cannabis
Kathryn Brown authored the article “Prepare Workplace Policies for Legalized Cannabis,” which was published in the Legal Connections section of Columbus Business First.
On November 7, 2023, Ohio made history when a majority of voters approved Issue 2, a proposed law to control and regulate cannabis for Ohioans 21 and older. In so doing, Ohio became the 24th state to legalize cannabis for adult use without a medical card. Read the full article.
Webinar Replay: The Hemp Loophole and 2023 Farm Bill
A replay of The Hemp Loophole: The Legal Landscape and the Impact of the 2023 Farm Bill webinar is now available.
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Labor Peace Agreement Mandate Challenged in Federal Court
States legalizing cannabis are increasingly requiring that cannabis licensees enter agreements allowing unions access to their employees for organization activities. Some states go even further, not only requiring a labor peace agreement (LPA), but that employees agree on the terms of a collective bargaining agreement (CBA) soon after licensure. As we previously reported, such requirements are especially prevalent along the East Coast, with varying labor requirements imposed by New York, New Jersey, Virginia, Delaware, and Connecticut, as well as California. Continue reading “Labor Peace Agreement Mandate Challenged in Federal Court”
Bankruptcy Court Sides With Cannabis Business (Twice) in Reorg Plan
Lawrence Kotler and Ryan Spengler authored The Legal Intelligencer article, “Bankruptcy Court Sides With Cannabis Business (Twice) in Reorg Plan.”
“In contrast with a majority of bankruptcy courts that routinely dismiss cannabis-related cases for perceived violations of the Controlled Substances Act (CSA), the U.S. Bankruptcy Court for the Central District of California in the recent opinion In re Hacienda, No. 2:22-BK-15163-NB, (Bankr. C.D. Cal. July 11, 2023), refused to conform to the same historical standard. Instead, the Bankruptcy Court struck down the U.S. trustee’s motion to dismiss not once but twice in favor of confirming a marijuana business’ Chapter 11 plan of reorganization.”
Why Hemp-Synthesized Intoxicants Need Uniform Regs
Dylan Anderson and Seth Goldberg authored the Law360 article “Why Hemp-Synthesized Intoxicants Need Uniform Regs.”
They write, “The next time you find yourself at a gas station loading up for a road trip on your snack or energy drink of choice, you may notice a surprising offering at the counter: products made from cannabis that have an intoxicating effect, but that are not governed under a state’s recreational or medical marijuana laws and regulations.” Read the full article.
Ohio Is Poised To Become The Next State to Legalize Cannabis For Adult Use
On November 7, 2023, Ohio voters will decide the fate of Ballot Issue 2, a citizen-initiated proposed law that would commercialize, regulate, legalize and tax cannabis for adult use. Recent polling data suggests broad support for Issue 2. A majority vote in favor of Issue 2 would make Ohio the 24th state—and the sixth in the Midwest—to make recreational cannabis legal under state law.
If Issue 2 passes, a new chapter 3780 in the Ohio Revised Code called Adult Use Cannabis Control would take effect December 7, 2023. However, the cannabis industry expects sales in Ohio of adult use cannabis to commence in the summer of 2024. Continue reading “Ohio Is Poised To Become The Next State to Legalize Cannabis For Adult Use”