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2024: Adult Use Marijuana in Florida

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In 2024, we may finally see adult use marijuana in Florida. This week, Smart & Safe Florida, a non-profit political organization, filed its ballot initiative, “Adult Personal Use of Marijuana“, with the  Division of Elections to legalize adult use marijuana in Florida. Make it Legal Florida already unsuccessfully tried to get adult use on the ballot for this year. Notably, this current initiative is backed by Trulieve, the largest cannabis operator in the state. In any event, adult use marijuana in Florida by ballot initiative must first make it past the Florida Supreme Court.

Unlike many states, Florida initiative sponsors can submit petition signatures at any time. After 25% of required signatures have been collected and sponsors submit a ballot title and summary to the Secretary of State, the Secretary of State then submits the proposal to Florida Attorney General. The Florida AG then petitions the State Supreme Court for an advisory opinion on “the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure ‘is facially valid under the United States Constitution.’” The single-subject rule means that the initiative can only address one subject, topic, or issue. And the Court’s

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Harris | Bricken

New York’s Home Cultivation Regulations

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As part of New York’s Cannabis Control Board (CCB) meeting on September 20, 2022, the CCB passed a resolution to permit the Office of Cannabis Management (OCM) to adopt revised regulations for home cannabis cultivation. To be clear, pursuant to the Marijuana Regulation and Taxation Act (MRTA), home cannabis cultivation is currently limited to medical cannabis.

Here’s our breakdown of the now-approved regulations. Generally speaking, these regulations are similar to what we’ve seen in other states that allow medical and homegrown cannabis

Who Can Cultivate Cannabis at Home?

Home cultivation is limited to:

Certified patients who are 21 years old or older, but only for personal use; and Designated caregivers who are 21 years old or older, but only for certified patients who are either younger than 21 or physically unable to cultivate cannabis themselves. The regulations note that patients can only have one designated caregiver grow on their behalf.

Where can “Home Cultivated” cannabis be grown?

Only at the authorized person’s private residence.

How many plants can be grown at home?

Certified patients can grow up to three (3) mature plants and three (3) immature plants at any one time. Designated caregivers can grow up to

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Mike Tyson’s Ear-Shaped Edibles Show the Paternalism of Cannabis Regulators

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Mike Tyson wants to market cannabis edibles shaped like ears with bite marks in them. Love him or hate him, you have to admit it’s clever. He’s apparently having a hard time getting his “Mike Bites” to market, due to regulators who apparently can’t take a joke or regulations that don’t seem to make any sense at all. While this is a pretty extreme example, it highlights the absurd lengths that some states will go to in order to tightly control products. Let’s unpack this a bit.

A few weeks ago, Mike Tyson’s proposed deal with a Canadian cannabis producer apparently got put on ice due to regulations in Quebec and Alberta that prohibit advertising relating to a specific person. More recently, Colorado regulators apparently said that Mike Tyson’s cannabis edibles cannot be sold in Colorado due to a law that prohibits products shaped like people.

This is probably going to keep happening to Mike, as many other states have regressive laws that prohibit products shaped like various things. For example, regulations in California (a state with a long history of over-the-top labeling requirements) prohibit ” Any cannabis product in the shape of, or imprinted with the shape, either realistic

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Marijuana Bankruptcy: The Answer is Still “No”

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The struggles of failing marijuana businesses to wind down and pay creditors in an orderly fashion serve no one. Among the problems marijuana businesses face such as lack of access to banking and onerous taxation stemming from IRC 280E is the lack of access to bankruptcy proceedings. This post discusses a  Michigan-based medical marijuana company that filed for Chapter 7 bankruptcy and the federal court case affirming the dismissal of the marijuana company’s bankruptcy petition. In re: Great Lakes Cultivation, LLC, No. 21-12775.

The dismissal isn’t much of a surprise given past treatment of marijuana businesses seeking bankruptcy protection. See here. Nonetheless the case highlights significant issues faced by marijuana businesses and persons or companies who lend or invest in the cannabis industry, who may struggle to obtain a return of their investment from failing businesses absent taking special measures to securitize the investment.

Here, the company grew and sold medical marijuana pursuant to a license issued in 2019 by the State of Michigan. The company operated out of a leased building and all of its equipment was used in the manufacture of marijuana and its income derived solely from the sales of medical marijuana. The start-up capital for the

The post Marijuana Bankruptcy: The Answer is Still “No” appeared first on GrowCola.com.



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