Cannabis Law & Policy

Legal trends and analysis of the growing cannabis industry

May 28, 2020

Attorneys General Urge Passage of SAFE Banking Act as Part of COVID-19 Relief

On May 19th, a coalition of thirty-four state attorneys general led by Colorado AG Phil Weiser urged Congress to pass the Secure and Fair Enforcement (“SAFE”) Banking Act as part of upcoming COVID-19 relief legislation. The bipartisan group includes attorneys general, such as Ohio AG Dave Yost, who have previously opposed economic relief for the cannabis industry. First introduced in [...]

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Apr 16, 2020

Ohio Commission Orders CBD Businesses to Close Shop

Ohio’s newly formed Dispute Resolution Commission has deemed retailers of cannabidiol (“CBD”) to be non-essential and has ordered their closure. The Dispute Resolution Commission was created in order to identify and clarify which businesses were deemed “essential,” and to facilitate closures of other businesses during the COVID-19 pandemic.  In the Commission’s first set of rulings it determined that CBD businesses [...]

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Apr 07, 2020

Ohio Alters Dispensary Regulations to Improve Patient Access During COVID-19

As noted in our March 27th blog, the State of Ohio has deemed medical marijuana dispensaries “essential businesses” and has permitted them to remain open to the public during the COVID-19 pandemic.  As part of its efforts to improve patient access during a time when Ohioans find themselves subject to a shelter-in-place order, the Ohio Board of Pharmacy has issued [...]

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Apr 02, 2020

Marijuana Businesses Hung Out to Dry in Economic Relief Package

Last week President Trump signed into law a historic $2 trillion stimulus package to help alleviate economic strain caused by the coronavirus. The aid package, which is the largest of its kind, seeks to help kickstart the economy by providing workers, small businesses, and struggling industries with liquid capital including $349 billion in forgivable loans available to distressed small businesses. [...]

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Mar 27, 2020

COVID-19 and Cannabis: Are Dispensaries “Essential?”

As the United States continues to take action to limit the spread of COVID-19 and flatten the curve of infection, the closure of non-essential businesses by numerous state governments has left residents wondering whether their local dispensary will be deemed an “essential business” and remain open. At least 17 states, 14 of which have cannabis programs, have issued statewide shelter [...]

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Mar 24, 2020

The ABC’s of CBD

Whether in gummies, face cream, candles, or dog food, CBD seems to be everywhere these days. Even so, there remains considerable confusion as to the legality of CBD and CBD products. A patchwork of evolving federal and state regulations has complicated matters even more, making it difficult for businesses and consumers to sift through the noise and understand products in [...]

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Mar 10, 2020

Reap What You Sow: Harvest to Open Five Facilities in Ohio

Cannabis companies Harvest Grows and Harvest of Ohio have inked a settlement to open a cultivation site, a processing facility, and three dispensaries in Ohio. Harvest Grows is majority owned by Ariane Kirkpatrick and minority owned by Harvest Health & Recreation CEO Steve White. Ariane Kirkpatrick is also the majority owner of Harvest of Ohio. Harvest Grows and Harvest of [...]

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Feb 18, 2020

Ohio Marijuana Company Loses Bid to Challenge Competitors & Award Process

An Ohio appellate court declined to entertain cannabis company Aphira’s challenge to the way the state awards marijuana licenses, noting any issues Aphira had with the process should have been resolved through administrative procedures. Canadian marijuana company Aphira’s Ohio licensing entity Schottenstein Aphira, LLC first sued the Ohio Department of Commerce in 2018 alleging flaws in the licensing process after [...]

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Feb 03, 2020

Open the Floodgates: Data Breach Affects Marijuana Dispensaries

A massive data breach from cannabis software provider THSuite has exposed the private information of approximately 30,000 medical and recreational cannabis users.  The breach affected dispensaries belonging to Amedicanna, Bloom Medicinals, and Colorado Grow Company. THSuite is a provider of point-of-sale and inventory management software targeted toward the marijuana industry.  On December 24, 2019, THSuite experienced a data breach which [...]

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Nov 22, 2019

U.S. House Judiciary Committee Passes MORE Act to Decriminalize Marijuana

The House Judiciary Committee approved a bill this week that would decriminalize marijuana at the federal level. The Marijuana Opportunity Reinvestment and Expungement Act of 2019 (“MORE Act”) was passed 24-10 after more than two hours of debate and now makes its way to a full House vote. Below is a brief summary of the Act’s major provisions and what [...]

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