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Hire A New York Cannabis Attorney

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If you are applying for an adult-use cannabis license in New York, please please please hire a New York cannabis attorney.

It doesn’t have to be be us, but it should be someone who is actually familiar with the licensing rules and regulations beyond just reading media headlines. We’ve written about it before (here, here and here). Unfortunately, we’ll likely write about it again. Picking the wrong attorney and following inaccurate advice can lead to the loss of time, money and the opportunity to obtain a license in New York’s cannabis industry (or any other state’s cannabis industry for that matter).

Licensing rules and regulations are dense. There are technicalities that make the difference between a license working for a potential applicant and being waste of time and money. The particular rule that makes a difference for an applicant may not be on the first page or the second page of a set of rules and regulations, or even something that’s referenced in official statements. That’s why really, really knowing each specific set of rules and regulations, and having a strong feel for administrative policies and behaviors, is critical to submitting a successful application.

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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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New York to Accept Retail Dispensary Apps August 25

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It is finally here: New York’s Office of Cannabis Management (OCM) announced that it will begin accepting applications for the Conditional Adult-Use Retail Dispensary (CAURD) Licenses on August 25, 2022. Applications will be accepted through the OCM’s online portal and the application window will close on September 26, 2022. This is obviously a huge deal and the first step towards legal sales of adult-use cannabis in New York.

As a brief refresher, this is a conditional license that moves forward New York’s stated goal of prioritizing social equity applicants. Even if the non-conditional adult-use licenses follow shortly hereafter, it means a lot that the first sales of cannabis in New York will come from businesses owned by individuals who have suffered from New York’s needless and damaging war on cannabis. The two big ticket items for CAURD applicants:

Applicants must have a marijuana-related offense conviction that occurred prior to the MRTA being passed on March 31, 2021, or a parent, legal guardian, child, spouse or dependent with a pre-MRTA marijuana-related offense conviction in the State of New York; and Applicants must have experience owning and operating a qualifying business.

We have all of the critical breakdowns of the

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States to Feds: End Cannabis Prohibition Now

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After a vote last week, the National Conference of State Legislators (NCSL) adopted a revised cannabis policy measure (the “Directive“) which supports federally descheduling cannabis, as well as cannabis banking reform. At this point, it’s abundantly clear that the states have moved beyond cannabis prohibition.

The NCSL is a non-partisan organization that represents all state legislators nationwide. A state legislator present at the summit, held in Denver, said that most of the discussion leading up to the vote centered on federal cannabis banking reform, but there was no debate on the language of cannabis legalization. The legislator said that there was minimal opposition, with an estimated five to seven states of the 44 in attendance that vocalized their opposition.

NCSL passed similar measures back in 2017 and 2018 calling for cannabis descheduling, though those measures were limited in scope, specifying that states should be free to establish their own cannabis legislation without federal intervention. This time, the NCSL made an explicit call for federal cannabis legalization. The Directive also states that “until cannabis is federally descheduled,” the federal government should focus on enforcing penalties for criminal enterprises in “illicit” cannabis production and distribution instead of citizens who comply with state

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