South Africa is one of the few jurisdictions outside North America that has legalized recreational cannabis, albeit under very limited circumstances. Appropriately for a country belonging to the common-law tradition, legalization was not the result of a legislative enactment, but rather of a 2018 decision by the Constitutional Court (“ConCourt”) of South Africa, which partially upheld a ruling by a lower court in the Western Cape. In its decision, the ConCourt found unconstitutional the statutory…
Arizonans knew zoning issues could cause headaches for dispensary owners. However, what was unanticipated are the new bans by some of the Arizona cities for recreational marijuana establishments. Shortly after the passage of Proposition 207, otherwise known as the Smart and Safe Arizona Act (the “Act”), several Arizona cities moved to ban recreational marijuana sales, unless the dispensary is a “dual licensee”. A dual licensee means an establishment that is licensed both as a medical…
New Jersey Cannabis had itself a week. Following a recent decision permitting the New Jersey Department of Health, Medical Marijuana Division (“DOH”) to continue scoring its 2019 Request for Applications (“2019 RFA”) and award twenty-four (24) additional medical cannabis licenses, New Jersey doubled down; with Governor Murphy not only signing into law the adult-use enabling legislation, but also finally appointing the remainder of the Commissioners to the five (5) person Cannabis Regulatory Commission (“CRC”). But…
Last month, I wrote this post on the latest development in the trademark infringement lawsuit filed by Veritas Fine Cannabis (“VFC”) against Veritas Farms. Unfortunately for VFC, Magistrate Judge Michael E. Hegarty had issued a recommended order that the Court grant Veritas Farms’ motion to dismiss – and to dismiss the claims with prejudice (meaning, VFC cannot amend or try to bring these claims again). Since then, both VFC and Veritas Farms have filed responses,…
Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD New York opens licensing under Cannabinoid Hemp Program New York officials opened the licensing application process in the Cannabinoid Hemp Program, the state’s attempt to set a wide range of rules to guide development of the CBD sector. The licenses are required under new rules for CBD adopted by the state last year that set standards for making, selling and…
In my experience, lobbying is truly an art and not a science, and a very important art at that. And there’s been no shortage of cannabis lobbying over the years on both the state and federal level. Typically, cannabis trade groups (and there seems to be one for every cannabis topic now, including a recently formed one for cannabis regulators) focus on overall federal legalization and decriminalization of cannabis, but they are also committed to…