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Cannabis Law Blog

Cannabis Law Blog

Cannabis Law Blog

News and analysis focusing on the full spectrum of cannabis-related issues facing businesses, investors, financial institutions and all levels of government throughout the United States

Adult-Use Establishment Applications Have Been Released; Can be Filed November 1

The Marijuana Regulatory Agency (MRA) released its adult-use marihuana establishment license application forms last Thursday, along with detailed instructions and checklists. As reported previously, the MRA will begin accepting applications November 1, and those who are already licensed on the medical marihuana side of the industry will face a less rigorous application process to tag on adult-use licenses. As with the existing medical licensing process, the adult-use process will have two steps: (1) prequalification of the main applicant (usually a business entity) and certain associated individuals through background reviews; and (2) establishment licensing, which vets the physical location of the establishment and the business’s operating plans. New applicants who do not hold a medical marihuana facility license—including those who have been prequalified for a medical facility license but are not yet licensed—will have to undergo full prequalification background review and submit an establishment license application. Currently licensed medical facilities need only submit a few notarized attestation forms, a social equity plan, and the “Step 2” establishment application. Read More ›

Adult-Use Establishment Applications Are One Month Away in Michigan: Here’s What to Plan For

For medical marijuana facility licensees and some first-time applicants who are looking to jump into the adult-use marijuana industry in Michigan, the day when the Marijuana Regulatory Agency (MRA) will begin accepting applications—November 1—is approaching quickly. While the application itself has not yet been released online, the MRA has been on tour during September, holding public educational sessions to familiarize potential applicants with the requirements and process. There will be an abbreviated application process to assist current medical licensees into the adult-use market. Read More ›

House of Representatives, in a Historical Moment, Passes a Standalone Marijuana Bill to Assist Banks that Service Cannabis Businesses

In a vote of 321-103, the House of Representatives took the first steps to securing better access for the cannabis industry by passing the Secure and Fair Enforcement Act, “SAFE” Banking bill. Introduced by Rep. Ed Perlmutter (D-CO), the bill has slowly gained momentum as the cannabis and financial industry have continued to lobby and pressure Congress into acting. With over 206 co-sponsors, the House Leadership scheduled a floor vote under suspension of the rules thereby eliminating any amendments and the need for two-thirds vote of the House of Representatives. Read More ›

Social Equity Program and Impact to Applications, Lessons from MRA’s Educational Sessions

As required under the new adult use act—Michigan Regulation and Taxation of Marihuana Act (MRTMA), MRA is required to create a social equity program to “promote and encourage participation in the marihuana industry by people of communities that have been disproportionally impacted by marihuana prohibition and enforcement and to positively impact those communities” MCL 333.27958(1)(J). Continuing its effort to assist eligible applicants wanting to enter the cannabis industry, MRA is holding numerous sessions across the state to begin education on the “how to” and “what to expect” for eligible individuals looking to apply and operate in the industry.   Read More ›

Outlook Hazy For Cannabis TMs Under Unlawful Use Doctrine

It is established, for now, that the U.S. Patent and Trademark Office will not register a trademark used for cannabis or cannabis-related goods or services (other than hemp) because, to be registerable under the Lanham Act, a mark must be in lawful use in commerce, and cannabis products remain unlawful under the Controlled Substances Act — even in states where medical and/or recreational marijuana has been legalized.[1] Read More ›

Dazed and Confused: Employers Prepare for Recreational Marijuana in Illinois as of 2020

With the passage of the Cannabis Regulation and Tax Act, Illinois becomes the 11th state to legalize the recreational use of marijuana. As such, Illinois employers must now grapple with the new law’s potential impact on their employees and operations before the law becomes effective on January 1, 2020. Read More ›

Illinois Cannabis Law Update

Cannabis legislative activity is heating back up in Illinois as Governor Pritzker recently signed legislation to make the state’s Compassionate Use of Medical Cannabis Pilot Program permanent as well as legislation clarifying who may administer medical cannabis to students in a school setting. This recent gubernatorial action takes place as Illinois gears up for the roll-out of recreational use cannabis on January 1, 2020. Read More ›

Michigan Announces New, Legally Questionable, Assessment Structure

Michigan’s Marijuana Regulatory Agency (MRA) this week announced the Medical Marihuana Facilities Licensing Act (MMFLA) regulatory assessment structure for Fiscal Year 2020.  Read More ›

FDA Again Warns CBD Product Manufacturer

On July 22, 2019 the FDA sent a warning letter to Curaleaf, Inc. warning it about the labeling and marketing of its CBD products including lotion, patches, tinctures, disposable vape pen, and pet products. FDA concluded that Curaleaf’s websites, social media and other marketing material made unsupported health claims about its products, in violation of FDA regulations.  Read More ›

Primer on the Emergency Rules for MRTMA

Co-Authored by Dykema Summer Associate Madison Laskowski

On July 3, 2019, the Marijuana Regulatory Agency (“MRA”) promulgated emergency rules to implement the Michigan Regulation and Taxation of Marihuana Act (“MRTMA” or the “Act”). The licensing requirements and procedures under the emergency rules are substantively similar to those provided for under the Medical Marihuana Facilities Licensing Act (“MMFLA”). These rules will remain in effect for six months and can be renewed for an additional six months, during which time additional rules may be promulgated. Final Rules will be promulgated thereafter. This process will likely replicate the rulemaking procedure used for the MMFLA rules. Read More ›