Recent Publications - Cannabis


An Open Letter to the Incoming NY Governor, Kathy Hochul
August 20, 2021 | Tax
Welcome to the Governor’s office, Ms. Hochul. Unfortunately, congratulations are hardly in order; indeed, a wish for good luck seems much more appropriate. I suppose you realize that the last round of tax legislation, enacted in April by the Democratic-controlled Assembly and Senate – veto-proof super majorities in both Chambers – resulted in a tax …
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Recreational Cannabis Statutes’ Impact on NY and NJ Employers
April 21, 2021 | Employment & Labor | Cannabis
New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana recreationally and restrict employers from denying these employees’ employment rights and privileges based solely on marijuana use, it begs the …
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NY Is Set to Legalize Recreational Marijuana
March 31, 2021 | Cannabis
UPDATE: Governor Andrew Cuomo just signed into law the Marihuana Regulation and Taxation Act. After years of fits and starts, New York has passed legislation to legalize recreational marijuana under the Marihuana Regulation and Taxation Act (S854-A) which Governor Cuomo intends to sign. The legalization aspect of the bills would take effect immediately, while Senate …
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FDA Warns that Topical Pain-Relief Products Containing CBD Violate FD&C Act
March 24, 2021 | Compliance, Investigations & White Collar | Cannabis
This week, the U.S. Food and Drug Administration (FDA) issued Warning Letters that effectively declare that the presence of cannabidiol (CBD) as an inactive ingredient in topical over-the-counter (OTC) drug products is a  violation of the federal Food, Drug, and Cosmetic Act (FD&C Act). In a news release issued on March 22, 2021 the FDA …
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If You Sell Marijuana in Any Form, Uncle Sam Wants His Cut
March 11, 2021 | Tax | Cannabis
More and more states across the country are legalizing the sale of marijuana products for medical and/or recreational purposes, but marijuana remains effectively prohibited under federal law as a Schedule I controlled substance within the meaning of the federal Controlled Substances Act of 1970. There is, however, one important and practical exception to that prohibition: …
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CBD Health Claims Raise FTC’s Hackles (and Prompt Class Action Suits)
March 11, 2021 | Compliance, Investigations & White Collar | Cannabis
Near the end of 2020, in mid-December, the Federal Trade Commission (FTC) launched what it referred to as “Operation CBDeceit,” a law enforcement sweep challenging allegedly unproven representations that CBD products could treat diseases and serious medical conditions such as cancer, diabetes, Alzheimer’s disease and more.            At the same time, the FTC announced proposed settlements with …
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In NY, CBD Manufacturers and Distributors Now Must Be Licensed
February 26, 2021 | Compliance, Investigations & White Collar | Cannabis
Governor Andrew Cuomo announced that the New York State Department of Health is now accepting applications from businesses seeking licensure to operate as cannabinoid hemp processors, retailers, or distributors. Cannabinoid hemp includes many CBD products currently available for purchase, including tinctures, vaporizations, oils, topicals, pills, capsules and food and beverages. Pursuant to Article 33-B of …
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The Biden Administration’s Expected Criminal Enforcement Stance on Marijuana
February 1, 2021 | Compliance, Investigations & White Collar | Cannabis
As a candidate running for the office he now holds, President Biden advocated decriminalizing the use of marijuana, automatically expunging all prior marijuana use convictions, legalizing marijuana for medical purposes and rescheduling marijuana from Schedule I to Schedule II in order to permit scientific research into its effects, while leaving decisions regarding legalization of marijuana for …
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New York State Appears Poised to Legalize Recreational Marijuana
January 26, 2021 | Cannabis
On January 6, 2021, Governor Cuomo announced his latest proposal for the legalization of recreational marijuana in New York. The proposal, outlined generally, consists of: The legalization of the recreational use of marijuana by any individual of the age of 21 or older in the State of New York; The creation of a new Office …
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Miller Published in New Jersey Lawyer Magazine
December 21, 2020 | Commercial Litigation
Gregory Miller’s article, “Concise-ly is Not Nice,” was recently published in the Writer’s Corner of the New Jersey Lawyer. Click here to read the full article.   …
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