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The Recorder

California Appeals Court Rejects Marijuana Grow Permit, Citing Federal Illegality

"No matter how much California voters and the Legislature might try, cannabis cultivation and transportation are illegal in California as long as it remains illegal under federal law," wrote Presiding Justice Arthur Gilbert of the Second District Court of Appeal
4 minute read

New York Law Journal

Illicit Marijuana Business Operator Is Ordered to Pay New York $9.5M

The state attorney general is authorized on request by the Office of Cannabis Management to bring a proceeding against any person who violates the cannabis law.
3 minute read

Texas Lawyer

The Impact of Drug and Alcohol Testing on Child Custody Evaluations

"A legislative update to the Texas Family Code in 2021 prevents the Department of Family and Protective Services from removing a child solely based on a parent testing positive for marijuana," write Elisa Reiter and Daniel Pollack.
8 minute read

New York Law Journal

Moving Beyond Growing Pains in New York's Cannabis Industry

As readers of this column know, New York's nascent adult-use cannabis market has (so far) failed to live up to the potential that was trumpeted when…
5 minute read

New Jersey Law Journal

A New Law Is Rattling Hemp Sellers: States' Regulatory Authority Challenged

Gov. Phil Murphy said he was pleased that the bill bans the sale of intoxicating hemp beverages to individuals under age 21 and would end the sale of such drinks in smoke shops. He said he "would have preferred to sign a bill that stopped there," but said "[t]he status quo is untenable."
4 minute read

Daily Business Review

Rising Tide of Litigation: Navigating the Growing Legal Challenges Against State Cannabis Programs and Its Impact

With a projected market of $112.4 billion by the end of 2024—a roughly 12% increase in sales from the following year, it is no surprise operators will take every measure to obtain a coveted license in the cannabis industry, even if that means taking it to the courts.
8 minute read

New York Law Journal

Judge Fast-Tracks Hemp Operators' Lawsuit Against New York

Several of the parties' attorneys met behind closed doors for hours while engaged in settlement talks in acting state Supreme Court Justice Roger D. McDonough's chambers in the Albany trial court.
3 minute read

New York Law Journal

Suit Claims NY Hemp Retailers Are Collateral Damage in State Sweep of Black-Market Marijuana

The Article 78 claim asks to restrain the state government from engaging in "warrantless military style raids" with law enforcement under the "guise" of administrative inspections against licensed hemp retailers.
6 minute read

The Legal Intelligencer

Why Cannabis Testing and Labeling Standardization Is Long Overdue

While legal in 38 states, each cannabis jurisdiction has its own, and often conflicting, testing and labeling laws. Thus, unlike virtually every other product sold in America, no two states' cannabis items are identical and the respective potency and contaminant level testing and labeling standards greatly vary, impose enormous health and safety concerns, and create havoc for those growing, manufacturing, testing and selling cannabis.
9 minute read

Law.com

Tenth Circuit Affirms Judgment in Marijuana Business Dispute But Remands Order Enforcing Judgment Over Public Policy Concerns

In a case presenting "a question about the nature and extent to which a federal court may act to resolve a dispute related to a marijuana business that operates legally under state law," a divided panel of the U.S. Court of Appeals for the Tenth Circuit vigorously debated public policy concerns—namely, whether a federal court can enforce a judgment arising from a contract that is illegal under federal law.
8 minute read

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