New York Becomes the 15th State To Legalize Recreational Marijuana

On March 30, 2021, New York lawmakers voted in favor of legalizing adult-use cannabis after hours of debate in the State Senate and Assembly. Approximately 12 hours after the legislation was approved, Governor Andrew Cuomo signed the bill that legalizes marijuana for adults and expunges the criminal records of those previously convicted by actions that would now be legal under the new law. 

With the passing of this bill, New York became the 15th state to legalize recreational marijuana for adults in the U.S. Below, we break down the details of this significant marijuana legislation. 

Ritter Spencer, PLLCNew York Becomes the 15th State To Legalize Recreational Marijuana
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How Should Cannabis Executives and Employees be Compensated?

Toward the end of the year, business owners and executives analyze their end-of-year finances to determine the company’s success, as well as how employees should be compensated. Many marijuana and hemp employers utilize their profits to give some of their more essential employees, such as initial team members or transitional employees with substantial connections or irreplaceable expertise, extra pay for their hard work. Owners typically do this with cash bonuses or equity-based compensation. As a hemp business owner, it is critical to understand each of these compensation methods before making a choice. Below, we break down your primary considerations. 

Ritter Spencer, PLLCHow Should Cannabis Executives and Employees be Compensated?
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3 Benefits of Hiring a Cannabis Lawyer

As cannabis continues to gain significant recognition and the market expands, businesses specializing in both recreational and medical cannabis are growing in popularity across the country. Accordingly, various provisions are set at both the federal and state level to regulate the manufacturing, sale, and distribution of cannabis. Today’s cannabis companies need to hire a lawyer who specializes in the legislation, risks, and trends associated with the industry to ensure compliance and maximize success. Below we explain three of the most important benefits of hiring a cannabis lawyer. 

Ritter Spencer, PLLC3 Benefits of Hiring a Cannabis Lawyer
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CBD-Infused Alcohol: Still Awaiting a Toast

Breweries, distilleries, and wineries with ambitions of infusing or selling their beverages with cannabidiol (“CBD”) and/or tetrahydrocannabinol (“THC”) derived from hemp will have to wait for a change in law by the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB”), or a divergent conclusion by the United States Food and Drug Administration (“FDA”) finding that these beverages fall into a legal exemption. On April 25, 2019, the TTB, which regulates the alcohol and tobacco industries in the United States, issued an industry circular as a response to numerous inquiries from the alcohol and hemp/CBD industries about whether CBD or THC can legally be introduced into alcoholic beverages: the TTB made it clear that, at this time, it will not approve formula or label applications for alcoholic beverages containing CBD or THC. 

Ritter Spencer, PLLCCBD-Infused Alcohol: Still Awaiting a Toast
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Can Cannabis Businesses File for Bankruptcy?

After a challenging year for many businesses, small businesses in particular, filing for bankruptcy may be the only viable option left. The Covid-19 pandemic continues to impact a range of markets, and filing for bankruptcy gives honest debtors a chance to rebuild. However, marijuana remains illegal under federal law, and hemp and cannabis businesses are commonly deemed ineligible for this recourse as federal bankruptcy courts cannot support either the possession or sale of illegal assets. 

While no business wants to consider bankruptcy as an option, commercial bankruptcy often provides a valuable lifeline for troubled companies, especially during an economic downturn. But what are some of the alternatives to bankruptcy for cannabis businesses? Have the events of 2020 set any new precedents for bankruptcy in the cannabis industry? Below we take a closer look at some of the options and recent developments for cannabis business owners. 

Ritter Spencer, PLLCCan Cannabis Businesses File for Bankruptcy?
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What to Expect from the Cannabis Industry in 2021

2020 was a monumental year for the cannabis industry, and experts predict the momentum will continue well into the future. Specifically, when businesses across the globe were forced to close amidst the worldwide spread of Covid-19, cannabis dispensaries were deemed an essential business and permitted to continue operations at the onset of the coronavirus pandemic. Cannabis activists across the country counted this as a significant win in the progress of our nation’s collective perception of the substance. As this fast-paced industry constantly evolves, expect to see continued strides made throughout the industry in the following year. Below we’ve included what to expect from the cannabis industry in 2021. 

Ritter Spencer, PLLCWhat to Expect from the Cannabis Industry in 2021
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Coronavirus and Cannabis: Force Majeure Litigation

Rocky, troubling, tumultuous, uncertain, uncharted, unprecedented, and unpredictable times: due to the novel coronavirus, COVID-19, we continue to see these ominous descriptions in coronavirus coverage. Society has had to adapt as this pandemic ravages our way of life. Businesses throughout the world are dealing with the economic fallout COVID-19 has caused, and the cannabis industry is no exception. Numerous cannabis companies, already plagued by financial woes prior to this pandemic, are struggling or are unable to perform contract obligations. A prime example of this is illustrated in the ongoing lawsuit between Kentucky hemp company Third Wave Farms, LLC (“Third Wave”) and Oregon CBD processor Pure Valley Solutions, LLC (“Pure Valley”). Third Wave sued Pure Valley to get out of their contract based on obligations Pure Valley allegedly was unable to meet and based on the force majeure clause of the contract coming into effect.

Ritter Spencer, PLLCCoronavirus and Cannabis: Force Majeure Litigation
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Legalizing Cannabis May Generate Tax Revenue Post-Pandemic

As the devastating impacts of the novel coronavirus, COVID-19, continue to ripple throughout the United States, this country has reached a moral dilemma: to open certain facets of the economy and risk further infections and human lives, or maintain state or locally implemented lockdowns and risk further economic fallout. 

Ritter Spencer, PLLCLegalizing Cannabis May Generate Tax Revenue Post-Pandemic
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4 Critical Considerations for Cannabis Businesses During COVID-19

The novel coronavirus, COVID-19, has impacted nearly every industry, and the cannabis industry is no exception. As the United States economy continues to experience instability and uncertainty, cannabis companies face increasingly difficult challenges, particularly since the legal cannabis industry remains in flux in most states. Some hemp and cannabis business owners have continued operations as usual, while others have closed their doors completely. It is difficult to navigate the cannabis industry during these stressful and unprecedented times, but cannabis lawyers are able to provide experienced counsel and support as needed. Below, we discuss four critical actions cannabis businesses should consider amidst the COVID-19 threat.

Ritter Spencer, PLLC4 Critical Considerations for Cannabis Businesses During COVID-19
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