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California is the largest cannabis market in the United States and it is soon to be the first state in the country with a comprehensive data privacy regime designed to protect consumers’ personal information. The California Consumer Privacy Act (“CCPA”) goes into effect on January 1, 2020, and will apply to companies with revenues in excess of $25 million that do business in California (as well as certain other categories of companies). Most cannabis companies…
Cresco Labs announced this week that United States antitrust regulators are seeking additional information about its anticipated acquisition of Origin House. Pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, Cresco Labs was required to notify the U.S. Department of Justice Antitrust Division (the “Division”) of the transaction and to observe a waiting period while regulators reviewed the transaction. On June 10, the Division requested additional information regarding the proposed transaction. That request extends the…
The New Jersey Department of Health’s Medical Marijuana Program announced on Monday that it was seeking applications to license up to 108 additional Alternative Treatment Centers (ATCs). More specifically, the Department intends to license up to 24 cultivators, 30 manufacturers, and 54 dispensaries.  The cultivator licenses will be divided into three different size categories: 5,000 square feet, 20,000 square feet, and 30,000 square feet. The purpose of sub-dividing the cultivation licenses by size is to…
Illinois is set to become the 11th state to legalize the recreational use of marijuana – and the first state to do so by legislation rather than by voter initiative – after the State House passed a legalization bill on Friday, May 31.  Governor J.B. Pritzker campaigned for office on a pro-legalization platform, and is widely expected to sign the bill into law. The bill would allow recreational sales to begin as soon as January…
Immigrants who undertake the cumbersome process of becoming a naturalized U.S. citizen need to establish their “good moral character” (“GMC”) as part of their applications. That just got harder for immigrants who work in the cannabis industry. The United States Citizenship and Immigration Services (“USCIS”) recently released policy guidance regarding “controlled substance-related activity and good moral character determinations.” The guidance clarifies that a violation of federal marijuana law “is generally a bar” to establishing GMC,…
Last month, the House Financial Services Committee advanced a federal marijuana banking bill to the full House on a bi-partisan 45 to 15 vote. The “Secure and Fair Enforcement Banking Act” or “SAFE Banking Act” would prevent federal banking regulators from taking adverse actions against financial institutions solely due to an institution’s provision of financial services to state-legal cannabis businesses. The bill would also provide protections for financial institutions that do business with…
President Trump’s nominee to replace Jeff Sessions as U.S. Attorney General appears to have a softer stance on state-legal marijuana companies than his predecessor.  During his confirmation hearings today, Barr stated that we would “not go after” marijuana companies that operate legally under state law. The statement places Barr in stark contrast with Sessions, who rescinded the “Cole Memo” – an Obama-Era Department of Justice memo that deprioritized prosecuting state-legal marijuana…
President Trump’s nominee to replace Jeff Sessions as U.S. Attorney General appears to have a softer stance on state-legal marijuana companies than his predecessor.  During his confirmation hearings today, Barr stated that we would “not go after” marijuana companies that operate legally under state law. The statement places Barr in stark contrast with Sessions, who rescinded the “Cole Memo” – an Obama-Era Department of Justice memo that deprioritized prosecuting state-legal marijuana…