After advancing through 13 committees and narrowly winning a 34-33 vote, Minnesota’s State Senate finally approved a bill to legalize adult-use cannabis on April 28th. But before it reaches the desk of Governor Tom Walz (who has pledged to sign it), the bill with have to move to a conference with the State House to reconcile differences with a companion reform measure passed three days prior. With the session ending on May 22nd, the clock is running for lawmakers to get the final bill in front of the governor. Here’s what sets the two versions apart:…

Continue Reading Cannabis is (Almost) Legal in Minnesota: Here’s What You Need to Know

The state of Texas has a long history of regulating cannabis use. Since 1915, when the first city ordinance was passed banning cannabis in El Paso,[i] the legal landscape in Texas and the rest of the country continues to evolve at different rates. This has resulted in widely varying defined legal guidelines and consequences from the use and possession of cannabis. These legal guidelines/laws related to cannabis continue to be enacted, repealed, and debated in the Texas Legislature today, evidencing strong public sentiment for more accepted, legally permissible uses of cannabis and cannabis products. In recent years, most major cities in Texas have launched programs and adopted policies that reduce, or even eliminate, penalties for the possession of cannabis.[ii] While the Texas Legislature has been slow in changing its position formally in the enactment of laws, a number of bills in the Texas House and Senate being considered during the 2023 session show that a spark continues to create a legal landscape that would foster the participation of Texans and the State of Texas in the lucrative and public-serving cannabis industry.…

Continue Reading High Hopes on 4/20: The Current Status of Cannabis Laws in Texas

On March 7, 2023, a federal court in Pennsylvania issued a ruling denying a cannabis company’s motion to dismiss claims based on the federal Fair Labor Standards Act (the “FLSA”). The opinion in DeMarco et al. v. FarmaceuticalRC, LLC et al., W.D. Pa. Case No. 2022cv-1164, covers familiar ground in the realm of FLSA misclassification cases, and explains why the plaintiffs—who work as drivers ferrying defendants’ cannabis products along their supply chain—sufficiently pled their claims. Specifically, the court applied the six-factor test for determining whether a given worker is an employee or an independent contractor and found that plaintiffs had sufficiently alleged the existence of an employer-employee relationship.…

Continue Reading Cannabis Employee Misclassification Case Moves Forward in Federal Court

Update II: We have been informed that METRC’s report to the state that 85% of licensees were in arrears was erroneous; METRC now reports that 11% of Michigan licensees are affected.

Update I: The CRA has had METRC agree to a 30-day pause before suspending any accounts. We will continue to monitor and report on updates as they unfold.

Related News: Michigan’s marijuana industry nearly shut down over new tracking system service provider fees

On February 27, 2023, Dykema’s Cannabis Industry Group was contacted by the Michigan Cannabis Regulatory Agency (“CRA”) about possible immediate suspensions of METRC user accounts. According to CRA, approximately 85% of all Michigan licensees may be impacted by these upcoming suspensions, so immediate action is critical.…

Continue Reading IMMEDIATE ATTENTION: Michigan Cannabis Licensees Face Imminent Loss of METRC

Dykema is thrilled to announce the launch of A Higher Law: a cannabis podcast from our award-winning cannabis practice group. A Higher Law will serve as an essential resource for cannabis operators looking to navigate latest legal developments in this complex industry. 

Hosted by a rotating lineup of cannabis attorneys, we’ll sit down with industry insiders from across the industry to discuss a variety of topics: from understanding cannabis tax codes, to complying with OSHA as a cannabis operator, to the latest news that’s impacting the future of the industry.…

Continue Reading Dykema Launches First-Ever Cannabis Podcast