Two new studies claim that CBD does not reduce the psychoactive effects of THC, reversing a commonly held idea of one of CBD’s benefits. Learn what the new research says.
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While exploring Thailand's rich cannabis culture, I enjoyed a blunt while riding an elephant through the jungle.
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CBN-infused sleep edibles from Kiva have been helping people quit counting sleep since 2019. Meet the Dream Team.
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As we previously broadly summarized on December 27, 2022 (here), in late December 2022, the Office of Cannabis Management (“OCM”) released its first proposed adult-use cannabis rules and regulation for New York (the “Proposed Regulations”). The official document is 282 pages, so we won’t cover every detail. But we will highlight the big-ticket items, significant issues that all applicants should be aware of, and the license application process as a whole. Also, keep in mind that the Proposed Regulations are still pending as OCM receives the final public comments to the Proposed Regulations.
One of the less defined and still ambiguous portions of the Proposed Regulations relates to those applying for a cannabis license as a microbusiness, as we await on the determination of the size and scope of eligible microbusinesses.
A microbusiness is a cannabis business subject to certain size and operational restrictions. The Marijuana Regulation and Taxation Act (the “MRTA”) allows certain businesses with less access to capital to enter into the legal cannabis market by applying for a microbusiness license which authorizes the small-scale production, sale, and delivery of cannabis.
A microbusiness licensee may, to a limited degree, engage in cultivation, processing, distribution, delivery, and sale of the microbusiness’ own cannabis and cannabis products. Such licensees cannot hold an interest in any other license; however, they may distribute their own cannabis and cannabis products to licensed retail dispensaries.
The New York Cannabis Control Board (the “CCB”) will issue microbusiness licenses to a cannabis establishment that qualifies as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor, and a cannabis retailer. A microbusiness license authorizes the limited cultivation, processing, distribution, delivery, and sale of the microbusiness’ own adult-use cannabis and cannabis products.
The size, scope, and eligibility of cannabis microbusinesses has yet to be determined by the CCB, however, the CCB will likely issue licenses to microbusinesses in a manner that promotes social and economic equity applicants.
A microbusiness shall engage in cultivation and at least one of the following additional activities authorized by the Proposed Regulations for a microbusiness: (1) processing, (2) distribution, or (3) retail sale. Additionally, a microbusiness may sell cannabis to a processor or distributor; sell cannabis products it has cultivated or processed to consumers; and send cannabis or cannabis products to a processor for processing without relinquishing ownership of that cannabis or cannabis product.
A microbusiness shall not, among other things, purchase cannabis cultivated by another cultivator unless the microbusiness suffered a significant crop failure and received prior written approval of the Office. In addition, no microbusiness or its true party of interest is permitted to have any direct or indirect interest in, including, but not limited to, being a true party of interest, passive investor, landlord, financier, or management services provider to a retail dispensary, on-site consumption, delivery, ROD, registered organization, or cannabis laboratory licensee or permittee.
For anyone considering applying for an adult-use license, we reiterate our recommendation of hiring an experienced, local cannabis attorney. At a minimum, understanding the overall framework of the licenses and the licensing process is a precursor to an in-depth consultation on a license application.
Stay tuned for future posts in this series, as well as coverage of New York cannabis generally.
The post New York Cannabis: Microbusiness Licenses appeared first on Harris Bricken Sliwoski LLP.
Although Virginia adult-use cannabis sales were projected to begin no later than Jan. 1, 2024, the state’s adult-use cannabis sales plans have been stalled for the foreseeable future.
Initially, adult-use cannabis was sent by a Democratic-controlled General Assembly to the desk of former Gov. Ralph Northam, who signed the legislation in April 2021. The law included a clause that required the General Assembly to reenact certain provisions, such as regulatory and licensing market structure. However in November 2021, the General Assembly shifted to Republican control, as did the House of Delegates, which ultimately led to the failure of provisional bills.
In January, a House of Delegates subcommittee rejected a Republican-sponsored cannabis bill proposed that would have allowed sales to begin prior to Jan. 1, 2024. Republican Delegate Keith Hodges, who sponsored the failed cannabis bill that would have created adult-use cannabis regulations, called the situation a “public health crisis” just before the bill was rejected on Jan. 25. “You can legally possess marijuana in the Commonwealth of Virginia, but you can’t legally purchase it,” Hodges said. “If we do nothing, we have a problem on our hands. We need to protect the citizens of Virginia from the illicit market.”
According to NORML Development Director and Virginia NORML Executive Director JM Pedini explained that the result of the vote “was entirely expected, but is still disappointing, and it spotlights House Republicans’ continued failure of leadership on cannabis policy,” Pedini said. “Without access to a regulated marketplace, consumers won’t know whether they’re getting a safe, tested product or one contaminated with potentially dangerous adulterants.”
“This vote is another huge disappointment for Virginians, the majority of whom favor swift access to retail sales,” Pedini continued. “Legislation providing regulatory oversight is the best way for the Commonwealth to protect cannabis consumers. By failing to take legislative action, lawmakers are electing to continue driving consumers to the unregulated, underground market.”
MJBizDaily suggests that the failure to pass these cannabis legislative efforts were in part because current Virginia Gov. Glenn Youngkin was pressuring legislators to defeat all cannabis bills.
On Feb. 14, Senate Bill 1133, which was sponsored by Sen. Adam Ebbin, was recommended to be passed on indefinitely. “It is legal to possess small amounts of cannabis, it is legal to grow your own cannabis,” Ebbin told the subcommittee before the bill was rejected. “Yet we are kind of dragging our feet on establishing a retail market that could provide hundreds of millions of dollars in tax revenue, could provide a tested product for adults and could be kept out of the hands of children.”
During odd-numbered years, the Virginia General Assembly only meets for 30 days, and adjourned on Feb. 25, leaving legislators with no extra time to present an alternative.
Meanwhile in hemp, the Virginia House of Delegates (85 to 9 vote) and Senate of Virginia (23-17 vote) both passed a bill on Feb. 24 to create stricter regulations for Delta-8 hemp products. If passed, it would create new rules on labels, such as percentage and milligram amounts of THC in each Delate-8 product, as well as using any language that markets the products as a medical treatment of any kind. “I think this will go a long way in making sure that our communities are safe and that folks are buying what they purport to buy,” said House of Delegates Majority Leader Terry Kilgore.
The bill proposes that responsibility and management between the Virginia Department of Agriculture and Consumer Services and the Virginia Cannabis Control Authority. Legislators such as Sen. Scott Surovell don’t believe that split control is the best course of action. “This is a first step toward a complete mess,” Surovell said. “And the reason we’re doing this is because somebody upstairs doesn’t want to talk about it.” The bill was recently sent to Gov. Youngkin, and is expected to be signed.
The post Virginia Adult-Use Cannabis Plans Halted Due to Failed Bills appeared first on High Times.
The cannabis industry is under pressure. Difficult conditions have caused many cannabis businesses to grapple with layoffs, reorganization, litigation, dissolution, and even liquidation. These tough conditions arise from a variety of regulatory and macroeconomic factors, and they affect businesses large and small, along with their stakeholders.
Please join Harris Bricken lawyers Hilary Bricken (Los Angeles), Griffen Thorne (Los Angeles), Ethan Minkin (Phoenix), and Vince Sliwoski (Portland) for a free, hour-long webinar on Tuesday, February 28th at 1 pm ET / 10 am PT for a discussion about the depressed cannabis market and what cannabis businesses can do about it.
These experienced cannabis business lawyers will discuss, among other topics:
Please submit any questions you would like the presenters to address at the time of registration. The panel will also take questions on a live-feed basis throughout the presentation.
Hang in there! See you tomorrow.
The post Last Call: Webinar for Distressed Cannabis Businesses appeared first on Harris Bricken Sliwoski LLP.
The Eleusinian Mysteries was a secretive ceremony in ancient Greece that involved consuming a psychedelic brew. What secrets of life and death did participants learn?
The post Psychedelics in ancient Greece: Death and rebirth during a renowned religious ceremony appeared first on Leafly.
