Cannabis Blog

On August 12, 2025, the US Second Circuit Court of Appeals reversed a lower court’s decision and found that New York’s priority scheme favoring in-state applicants violated the Dormant Commerce Clause of the US Constitution.  The Court explained that the Dormant Commerce Clause prohibits state protectionism unless the US Congress clearly authorizes protectionism.  That is, any regulatory measure designed to benefit in-state economic interests by burdening out-of-state competitors is presumptively unconstitutional. 

Some lower courts have ruled that the Dormant ...

Originally published in Law360 on 8.8.25

Seth A. Goldberg, partner in the firm’s Litigation practice and co-chair of the firm’s Cannabis & Hemp Law practice, and Samantha T. Alexander, partner in the firm’s Corporate & Business Law, Commercial Real Estate, and Cannabis & Hemp Law practices, recently co-authored an article in Law360 titled, “The Evolving Legal Landscape For THC-Infused Beverages” that discusses the proliferation of THC-infused beverages, how they are currently regulated under federal and state law, and legal challenges and potential federal and ...

Originally published in the New York Law Journal on 7.24.25

Daniel E. Cohen, associate in the firm’s Litigation and Appellate Advocacy and Corporate & Business Law practices, recently authored an article in New York Law Journal titled, “Perfecting Security Interests in NY Cannabis Crops.” The article discusses the legal complexities of perfecting security interests in cannabis-related collateral under New York law, emphasizing the importance of clear, specific security agreements and timely UCC filings. Cohen highlights how New York’s cannabis regulations ...

Adult-use cannabis may at long last arrive in Pennsylvania. Senate Bill 120, sponsored by Senator Dan Laughlin (R), Senator Sharif Street (D) and others, dropped today (July 10, 2025), and it provides for the legalization of cannabis for adult-use in Pennsylvania. The text of SB 120 can be found here. The Bill is comprehensive in scope, sweeps in medical marijuana, and appears to reflect years of learning from the current PA medical marijuana program and adult-use and medical programs in other states. Among its noteworthy provisions are the establishment of a standalone (not part ...

Originally published in Mg Magazine on 5.12.25

Leah M. Eisenberg, partner in the firm’s Bankruptcy, Restructuring & Creditors’ Rights practice, authored an article in Mg Magazine titled, “The Cannabis Industry and Bankruptcy Relief.” The article explains that due to marijuana's classification as a Schedule I substance under the federal Controlled Substances Act (CSA), cannabis businesses are generally ineligible for federal bankruptcy protection, regardless of their legal status under state laws. Federal bankruptcy courts, bound by federal law, often dismiss ...

Originally published in Beverage Digest on 5.5.25

Seth A. Goldberg, partner in the firm’s Commercial Litigation practice and co-chair of the firm’s Cannabis & Hemp Law practice, was featured in a Q&A with Beverage Digest titled, “What’s Behind U.S. Surge of THC Beverage Launches?” The article discusses the proliferation of beverages that contain psychoactive substances that occur naturally in or are manufactured from hemp and marijuana, and the spectrum of risks manufacturers should consider in assessing whether to enter or expand into THC-infused beverages, and ...

In Medical Marijuana Inc. et al. v. Horn, case number 23-365, the Supreme Court of the United States expanded the range of damages that could be sought under Civil RICO to include economic injuries resulting from a personal injury and those damages could be trebled under RICO. While the case is cannabis-related because the plaintiff alleged that he lost his job when he tested positive for THC resulting after ingesting mislabeled CBD products, the effect of this decision is industry agnostic. At first blush, it would seem this decision could open the floodgates for RICO claims because ...

On October 10, 2024, a New Jersey Federal District Court entered an order largely granting a request to invalidate New Jersey’s recent amendments to its hemp laws, which were designed to prevent the sale of “intoxicating hemp products” to people under the age of 21 and to subject “intoxicating hemp products” to the same regulatory controls currently in place for marijuana products.

The amendments were intended to try to control the sale of hemp derived products that are widely available in convenient stores, gas stations, and smoke shops that contain intoxicating ...

Congratulations! You’ve successfully navigated the intricate process of applying for a cannabis business license in New York, and the New York State Office of Cannabis Management has given you the green light to proceed with your business by granting you one of those highly coveted licenses.

Now what do you need to do?

Here is a list of 10 things you should consider if you would like to turn your cannabis dream into a reality.

1. Secure Site Control
For those who do not currently have site control of commercial real estate, this is a priority. The approved license comes with the ...

The wait is finally over. New York State Office of Cannabis Management’s (OCM) Cannabis Control Board (CCB) has unanimously passed its revised adult-use cannabis regulations after extensive public input. Notably, the final regulations remained largely unchanged from the May version, which received nearly 500 comments during the last public comment period. These regulations cover various aspects such as labs, enforcement, social equity provisions, licensing, business, and operational rules.

Starting October 4, 2023, the application window will open for cultivators ...