Sisley v. DEA: A Petition for Rehearing Has Been Filed

In follow-up to this post, we are happy to report that Dr. Sisley is still fighting the good fight: on Monday, Petitioners filed a Petition for Panel Rehearing or Rehearing En Banc. Although it’s not uncommon for these to get filed, few and far in between are granted (filing such a petition to rehash the same arguments is considered an abuse of the privilege). However, this specific Petition is one to consider – the Petition writes “the Opinion directly conflicts with multiple Supreme Court decisions; authoritative decisions this Court and every other circuit; and fundamental APA norms.” And of course, beyond that, the reasoning behind the Panel’s Opinion “presents issues of exceptional societal and jurisprudential importance”:

“Substantively, Petitioners asked this Court to reexamine a key misinterpretation of the CSA’s text that fuels the divide between federal and state medical marijuana laws. But don’t be fooled. This case isn’t just about pot. It is about fundamental administrative law questions with weighty separation of powers implications: When is judicial review of final agency action available? Who may obtain it? And which branch says what the law is? In his statement in Standing Akimbo, LLC v. United States, 141 S. Ct. 2236 (2021),

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Webinar Replay – Building a Cannabis Business in New York: An Operator’s Perspective

For anyone who was unable to join our September 23rd webinar, Building a Cannabis Business in New York: An Operator’s Perspective, we’ve got you covered! Below, please find the full presentation for your viewing pleasure.

You can download the transcript HERE.

Stay up to date on cannabis in New York via the Canna Law Blog.

Cannabis Litigation: What You Need to Know

Tuesday, October 19th at 2pm EDT/ 11am PDT


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Don’t Get too Hyped on California’s New Hemp Law Just Yet

Last week, AB-45 completed its run through the California legislature and was presented to Governor Gavin Newsom for his signature, which is probably imminent. Once he signs it, the law takes effect and will pave the way for legal CBD consumables, while banning (at least temporarily) any kind of hemp-derived inhalable product. If you want to read our prior analysis of AB-45, see this post.

If you know even a little about the twists and turns of California’s attempts to legalize CBD since 2018, you’ll appreciate just how monumental this bill is, at least in theory. In 2019, AB-228 made it almost to the finish line but stalled out due to opposition (see my posts hereherehere, and here). In 2020, California legislators tried (and failed) to do the same thing two times with AB-2827 and AB-2028. Personally, I was telling people all year that even AB-45 didn’t stand a great chance.

Now that AB-45 has passed, a lot of folks are celebrating while others (namely inhalable product stakeholders) are upset. All of these reactions may be premature because things are likely to change substantially over the coming months (assuming Newsom signs AB-45) when the California Department of Public Health (CDPH) issues CBD regulations.


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You Need a Cannabis Business Plan

By and large, cannabis businesses are small businesses. We’ve represented hundreds of these businesses over the years, in many states. Within these businesses one finds many kinds of people. They include legacy operators transitioning from traditional markets, to well-heeled investors coming from industries like banking and private equity. And everyone in between.

Of course, performance has been mixed. We have clients we’ve worked with regularly for five or six years here in Oregon, for example, but we’ve also seen many clients fail. Some mistakes and circumstances can be overcome; others not so much. When a cannabis business goes off the rails it can happen for any number of reasons. Sometimes these are market factors or plain old bad luck, but the longer I do this the more I’m convinced that a leading cause of pain is poor business planning. Or, no real planning in many cases.

I’ve come across extreme examples of this, like people saying “I didn’t realize we’d have to pay so much tax” or “the state rules didn’t actually allow for our model.” Others are destined to fail from the start. But mostly, the businesses I’ve seen knuckle under for lack of planning are people who had

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