On June 29, 2020, Colorado adopted a statewide social equity program (SEP) for permitting cannabis operators.[1]  More specifically, House Bill 20-1424 (HB 20-1424) “defines social equity licensees, and modifies and expands the marijuana accelerator program to make it available for social equity licensees and retail marijuana stores.”[2]  The new law enables a social equity licensee to participate in the state’s accelerator program, which, as managed by the Colorado Office of Economic Development and International Trade, supports cannabis business development.[3]  Colorado’s accelerator licensing program, originally slated to go into effect July 1, 2020,[4] pairs low-income entrepreneurs with existing cannabis businesses and, under the new law, effective January 1, 2021,[5] accelerator licenses will now be available to social equity applicants.[6]
Continue Reading Colorado’s Accelerator Program Paves Way for a Social Equity Program

As the novel coronavirus (COVID or COVID-19) continues to ravage the United States, the cannabis industry is feeling the pandemic’s negative impacts despite an initial spike in sales after cannabis operations were deemed essential under various state “stay-at-home” orders.[1]  This article details the most recent state-level responses activated in California and Illinois.
Continue Reading COVID-19’s Continued Impacts on Cannabis Operators

As with many states, Texas and the cannabis plant have a long, complex history – from the first citywide cannabis ban adopted in El Paso in 1915, to the enactment of state laws in 1931 that made possession of any amount of cannabis illegal statewide, to imposing in 1955 sentences of up to life imprisonment for cannabis possession by repeat offenders.
Continue Reading Easing the Pain: Relief for Texans in the Form of Low-THC Cannabis

In an effort to stem the tide of COVID-19 transmission, many state and local governments have enacted “shelter-in-place” or “stay-at-home” orders to protect the health and well-being of citizens, and
Continue Reading Continued Cannabis Operation Deemed “Essential” In Many COVID-19 Stay-at-Home Orders

QR Codes for Retailers, Distributors, and Delivery

On February 13, 2020, The Bureau of Cannabis Control’s (BCC) emergency rulemaking for Quick Response Code (QR Code) certificate requirements was approved by
Continue Reading California Update: New QR Code Certificate Requirements, Uptick in Enforcement Actions, and the Future of California’s Cannabis Regulators

Effective January 1, 2020, Nevada became the first state to ban employers from refusing to hire job applicants for testing positive for cannabis use. Governor Steve Sisolak signed Assembly Bill
Continue Reading Nevada Law Prohibiting Denial of Employment Based on Failed Cannabis Test Leaves Unanswered Questions

In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions
Continue Reading New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

The California Legislature has passed Assembly Bill 1482 – Tenant Protection Act of 2019 (“AB 1482”), providing for comprehensive statewide residential rent control and eviction protections.  Signed by
Continue Reading Tenant Protection Act of 2019 May Have Unintended Consequences in the Cannabis Space

On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby, strengthening already union-friendly statewide cannabis law.
Continue Reading AB 1291 Forces California Cannabis Companies To Sign “Labor Peace Agreements” With Unions, But Statute May be Unconstitutional

While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition,  the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game changer in attracting mainstream companies to the industry.
Continue Reading The Farm Bill’s Impact on Hemp and CBD – and How Some States are Reacting

California has positioned itself as a leader on emerging cannabis policy. While federal law still prohibits cannabis-related activities within the State’s borders, several largely progressive laws in California permit the
Continue Reading Cannabis Regulation is the New Frontier in Real Estate and Land Use Control