MAY NEWSLETTER 2022

May 31, 2022 | Written By Cannabis Practice Group

Above the Haze, Parlatore Law Group, Cannabis Practice Group

For Landlords & Tenants:

Implications for the Landlord and the Tenant under NY's MRTA

Legislative: 

New York Cannabis Licensing Part 2; North Carolina's Compassionate Care Act is a Step in the Wrong Direction; Delta 8 Ruled Lawful Under Farm Bill 

From the Podcast: 

Industrial Hemp's Marijuana Problem; Marketing Medical Marijuana in Mississippi; FDA Crackdown on Intoxicating Hemp; It Grows as it Goes in New Mexico; Virginia Rejects Governor's Re-criminalization Proposal; Does Safe Banking Have a Life in Bipartisan Bill? 

 


Implications for the Landlord and the Tenant Under NY’s

Marijuana Regulation and Taxation Act (MRTA)

By: Ida Rose Nininger

Landlords and tenants alike should be cognizant of the new regulations under MRTA as they apply to housing. While some of the regulations alleviate discrimination against cannabis users in housing decisions, many rights of landlords to restrict use are still in place. Read more

 


New York Cannabis Licensing S. 854A – Cannabis Law – Article 4

By: Craig Yaris

Last month, we discussed the several questions that those interested in applying for a cannabis license within New York State must and/or should answer before even contemplating a cannabis business. This month, we will begin to look, specifically, at Article 4 of the NY Cannabis Licensing law, which governs the application process as well as what requirements must be met in an on-going basis to continue to operate your cannabis business. Read more

 


SB 711, North Carolina’s Compassionate Care Act is a Step in the Wrong Direction

By: Jay Kotzker

As Southern states such as Virginia, Florida, Mississippi, Arkansas, and others implement not only medical cannabis programs, but begin deliberations on whether to adopt adult-use programs, one Southern state stands out as an anomaly.  North Carolina is finally getting around to considering medical cannabis legislation. And, while this news would typically be celebrated, a reading of the draft legislation is deflating and leaves us wishing for more.  Don’t get me wrong, the adoption of any medical cannabis program is encouraging and progress; however, for North Carolina not to look to neighboring states and more mature markets for guidance on how to best establish and implement such a program, is disheartening. Read more

 


Delta 8 Ruled Lawful under Farm Bill

By: Eric Postow

As the world turns! A fascinating holding coming out of the ninth circuit court of appeals has emboldened hemp processors nationwide. 

The three-judge panel announced its decision in a far-reaching trademark protection case. Writing for the court in AK Futures LLC v. Boyd Street Distro, LLC, Judge Fisher made clear that "[r]egardless of the wisdom of legalizing delta-8 THC products, this Court will not substitute its own policy judgment for that of Congress."  Read more

 

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