A Primer on California’s Unruh Civil Rights Act (UCRA)

This summer, I wrote about a Title III lawsuit that was filed against cannabis company NC3 Systems dba Caliva. As a quick refresher, Title III of the Americans with Disabilities Act (“ADA”) requires all businesses to remove any obstacle that interferes with a disabled person’s ability to access their products or services online. The plaintiff

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Top 10 Lessons from Cannabis for the Future Regulated Psychedelic Industry

On November 3, 2020, voters in Oregon approved Measure 109, paving the way for a regime of psilocybin for therapeutic uses in a few years. Oregon and Psilocybin: Does the Approved Ballot Measure Language Stand a Chance Oregon Psychedelics: Petition to Legalize Psilocybin for Therapy Moves Forward Oregon Psychedelics: Psilocybin on the Ballot this November!

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New York’s Proposed Hemp Products Rules: A Model for the Industry

On October 27, the New York Department of Health (the “DOH”) released much anticipated proposed rules to regulate the processing, manufacturing, sale and marketing of cannabinoid hemp products in the state (the “Rules”). In accordance with A08977, which Governor Andrew Cuomo enacted at the beginning of this year, the DOH was tasked with creating a

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Oregon Marijuana: OLCC to Adopt “Fix-it or Ticket” Approach for Some Rule Violations

Last month, along with streamlined licensing, the Oregon Liquor Control Commission (OLCC) announced a significant (and welcome) change to its compliance function by instituting a new Verification of Compliance program (VOC) that will focus on education rather than penalties for certain types of marijuana rule violations. The VOC launched in early October and arose from

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The “Right to Try” Psilocybin and New Drug Therapies

I was talking to another lawyer about last week’s vote by Oregonians to legalize psilocybin therapy here in the state. We discussed how licensed facilities won’t be up and running for a few more years, and how, in the meantime, people will have to make do with general decriminalization under Measure 109 and maybe, in

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California Voters Expand Commercial Cannabis Opportunities Across the State: Part I

Election day this year proved to be a big step forward in terms of drug policy reform, with Arizona, Montana, New Jersey, and South Dakota legalizing adult-use cannabis, Mississippi legalizing medicinal cannabis, Washington DC decriminalizing a host of psychedelic plants, and Oregon leading the way by legalizing psilocybin for therapeutic use and decriminalizing non-commercial possession

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Puerto Rico: The Recent Election May Still Be Good News for Recreational Cannabis

Last month, in Puerto Rico: November Surprise for Recreational Cannabis?, we proposed that a victory by opposition candidate Charlie Delgado “might be Puerto Rico’s best shot at recreational cannabis legalization.” As of 2:00 PM local time on November 5, Delgado has not conceded the race. However, the results so far suggest that the island’s next

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Cannabis Bill Must Permit Home Growing

There is no greater issue involving potential cannabis legalization in New Mexico than the issue of a home-growing option. It so important to the current political apparatus — mostly Democratic leadership — that they do not not want to discuss it. Be…

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Caledonia’s First Cannabis Shop Set To Open Nov. 21

It’s no longer a niche market, but Lolly is set to become Caledonia’s first cannabis shop — and it’s a family affair. Co-founders Danielle Braemer and her uncle, Dan Marazzato were originally set to go once the building inspection was approved earlier …

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Federal Court Dismisses RICO Claims: Remedies Would Violate Federal Law

RICO claims in the cannabis industry have certainly evolved over the years, but the general trend of the Courts dismissing those claims or cases altogether has held fast. In Shulman, et al. v. Kaplan, et al., a case filed in the Central District of California, the plaintiffs – who are involved in the production, marketing, and

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Harvest Trademark Dispute Highlights Challenges Faced by Cannabis MSOs 

Last year, I wrote about an uptick in trademark litigation between cannabis companies. This type of litigation differs from much of the cannabis-related trademark litigation we’d seen to date, where non-cannabis companies with established brands have sued cannabis companies for trademark infringement. In particular, I highlighted the litigation between Harvest Dispensaries Cultivation & Production Facilities, LLC,

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