CBD Health Claims Raise FTC’s Hackles (and Prompt Class Action Suits)
March 11, 2021 | Marc S. Ullman | Cannabis | Compliance, Investigations & White Collar

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

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In NY, CBD Manufacturers and Distributors Now Must Be Licensed
February 26, 2021 | Benjamin P. Malerba | Joseph P. DiBella | Cannabis | Compliance, Investigations & White Collar

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 | Geoffrey R. Kaiser | Cannabis | Compliance, Investigations & White Collar

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:

  1. The legalization of the recreational use of marijuana by any individual of the age of 21 or older in the State of New York;
  2. The creation of a new
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Cuomo to Again Seek Legalization of Recreational Marijuana in NYS
October 21, 2020 | Cannabis

Earlier this week, Axel Bernabe, Assistant Counsel to NY State Governor Andrew Cuomo, indicated that he expected the state budget to once again include provisions legalizing the recreational use of marijuana and permitting the use of CBD (cannabidiol) in food and beverages. Bernabe disclosed the news during an interview with Canopy Growth Corp.’s David Culver

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The Cannabis Industry Is Risking It All
October 1, 2020 | Joshua D. Smith | Cannabis | Insurance Coverage | Corporate

James Lagios, Joshua Smith and Mark Wagner wrote, “The Cannabis Industry Is Risking It All,” for Mealey’s® Emerging Insurance Disputes.

The article discusses the obstacles that cannabis-related businesses face when seeking to use insurance coverage to mitigate their operational risks.

To read the article, click here.


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The Cannabis Industry Is Risking It All
September 21, 2020 | Joshua D. Smith | Insurance Coverage | Cannabis

Cannabis-related entities, like other manufacturing and retail businesses, need insurance coverage to insulate themselves from potential operational liabilities. The cannabis industry, however, faces unique obstacles when seeking to cover its risks. This article discusses a number of the most significant issues to consider before entering into the industry.

Companies that manufacture and sell

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Kern and Ullman Publish Article in Pratt’s Journal of Bankruptcy Law
September 17, 2020 | Cannabis

Bob Kern and Marc Ullman published the article, “Cannabis Investments and Exit Strategies: A Case Study” in Pratt’s Journal of Bankruptcy Law.

The article discusses the easiness with which investors can make investments in cannabis companies. However, due to the risks, they would be well-advised to have an exit plan in the event their investment

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Cannabis Investors and Producers Face Need for Due Diligence
September 1, 2020 | Stella Lellos | Benjamin P. Malerba | Cannabis

The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are getting themselves into. That is where “due diligence,” including understanding how the bankruptcy law applies to

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Cannabis Investments and Exit Strategies: A Case Study
August 3, 2020 | Marc S. Ullman | Steven Shapiro | Cannabis | Corporate | Compliance, Investigations & White Collar

It is relatively easy for investors to make investments in cannabis companies. Given the risks, however, they would be well-advised to have an exit plan in the event their investment does not live up to their expectations.

An investor decided to make an investment in a Colorado company that was seeking to create

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