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 ...
The NJEDA established the Cannabis Equity Grant Program to give out $6 million in grants to 24 cannabis applicants. The NJEDA previously announced that it was accepting applications on a first come first serve basis as of 9:00 am on April 20, 2023. Based on application confirmation code numbers provided to applicants by the NJEDA today, it appears that by 9:16 am more than 70 applications had been submitted and by 9:45am the NJEDA closed the application portal with this message:
Based on significant interest in the Cannabis Equity – Joint Ventures Grant, the NJEDA has already received ...
Today, the New Jersey Supreme Court rendered an opinion in State v. Michael Olenowski fundamentally changing how New Jersey courts will now evaluate the admissibility of expert evidence under New Jersey Rules of Evidence in criminal and quasi-criminal cases.
Prior to the Court’s decision, when evaluating the admissibility of expert evidence in criminal cases, New Jersey courts applied what is referred to as the Frye standard. That standard required that courts assess only whether the subject of expert testimony was “generally accepted” by the scientific ...
During the February 8, 2023, meeting of the NJ Cannabis Regulatory Commission, the New Jersey Economic Development Authority (NJEDA) provided some much awaited details about its plans to provide grants to cannabis entrepreneurs. The NJEDA announced that it has approved two Pilot programs for cannabis businesses, which are claimed to be the most generous state grant program for cannabis businesses in the country.
One program will provide up to $150,000 to 24 grant winners and the second program will provide up to $250,000 to 24 grant winners. Applicants can only receive one of the two ...
New businesses in the cannabis industry may be eligible for state funding for their start-up expenses.
The New Jersey Economic Development Authority (NJEDA) Board recently announced the creation of the Cannabis Equity Grant Program. The initial pilot program will provide $10 million to help start-ups in New Jersey with startup expenses and technical training.
Sixty percent of funds will be reserved for qualifying social equity applicants, such as individuals who have previous cannabis convictions or live in economically disadvantaged areas, defined as zip codes that meet ...
