Barclay Damon Live Presents: The Cannabis Counselor

This week’s episode closes out season one of the Cannabis Counselor. Aleece discusses Senator Cooney’s bill (senate bill S7295), which is currently under review by the NYS Senate Rules Committee, that seeks to amend the cannabis law to require the board of the Office of Cannabis Management (OCM) to establish an adult-use cultivator provisional license in New York State. The difficulty surrounding nominating, appointing, and confirming the candidates for the seven open positions in the OCM has caused delays in the issuance of adult-use cultivators’ licenses. If OCM formation delays continue, Senator Cooney’s bill would allow for the NYS Department of Agriculture and Markets to take over to establish and issue provisional cultivators’ licenses. This gives cultivators the opportunity to plant their seeds and harvest their crop, putting cannabis products on retail shelves sooner. The bill may be of particular interest to hemp cultivators because they already have the infrastructure in place to begin cultivating as soon as they have received a license. Tune in to hear more about the details of Senator Cooney’s bill, and thank you for listening to the first season of the Cannabis Counselor.

DISCLAIMER:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece breaks down the Cannabis Administration and Opportunity Act (CAOA), a draft legislation introduced in the United States Senate on July 14, 2021, that would legalize cannabis at the federal level, thus removing it from the Controlled Substances Act and allowing states to decide whether they want to legalize marijuana. Made possible by the CAOA, a lot of the barriers that have been problematic in the past for individual states to operate in the cannabis space (e.g., banking and insurance) will be removed. The bill, Aleece notes, won’t affect how states that have already legalized adult-use cannabis operate. The bill also includes social equity provisions that seek to expunge cannabis-related criminal records, to allow incarcerated people to petition the court for resentencing on nonviolent cannabis-related crimes, and to reinvest in communities that have been disproportionately impacted by the prohibition of cannabis. Tune in to hear Aleece’s thoughts about the CAOA and some of the areas in which she thinks the legislation could be improved.

DISCLAIMER:

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece interviews New York State Assemblywoman Donna Lupardo, the pioneer of the hemp pilot program in New York State in 2015, about the future of hemp now that adult-use cannabis is legal. New York is in a good position to be a leader in the hemp industry in the country. Assemblywoman Lupardo hopes that the focus shifts from CBD products to the benefits of hemp fiber and grain, and that the rules and regulations will provide a solid framework for other varietals of industrial hemp beyond CBD products. They also discuss the MRTA’s provisions for distressed farmers and MWBEs, pushback on the regulations regarding the sale of flower, and workarounds for FDA and federal oversight. Tune in to hear more of Aleece and Assemblywoman Lupardo’s insights on New York State’s hemp program and how the MRTA’s rules and regulations will affect it.

DISCLAIMER: 

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece sits down with Perry Salzhauer, owner of Green Light Law Group, to talk about cannabis specialization for lawyers, the development of cannabis law in Oregon and on the West Coast, and how these may pertain to New York State. Green Light Law Group is a full-service business law firm based in Portland, Oregon, that has a significant amount of experience with cannabis in several different jurisdictions. Aleece and Perry use Oregon’s handling of legalizing adult-use cannabis as a benchmark for New York’s timeline, focusing on how New York’s cannabis landscape might look in the future. They discuss the harsh realities of entering into the cannabis industry and agree that right now, while people are waiting for the rules and regulations to be published, it’s important to temper people’s expectations. Perry advises new business owners to have detailed terms for their business’s organizational documents (e.g., operating agreements, buy/sell agreements, etc.) to avoid uncomfortable situations farther down the line. Tune in to hear more advice from Perry Salzhauer about how to effectively prepare to enter the cannabis industry.

DISCLAIMER:  

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece discusses Connecticut’s recent legalization of adult-use cannabis. On June 22, 2021, Connecticut Governor Ned Lamont signed Senate Bill 1201, or An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis, into law. Connecticut is the fourth state this year to legalize adult-use cannabis, on the heels of New York, New Mexico, and Virginia. Barclay Damon, which has an office in New Haven, has been closely tracking cannabis legalization developments in Connecticut. Tune in to hear Aleece go into greater detail about key elements of Connecticut’s cannabis legalization legislation, including when the state expects sales to begin, the program’s governing body, who qualifies as a social equity applicant, and the types of licenses that will be available to applicants. Aleece plans to have subsequent episodes that focus solely on Connecticut’s new cannabis legislation. Let’s get into it!

DISCLAIMER:  

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece talks about the NYS Office of Cannabis Management and the news that’s coming out of Albany regarding who will be filling the open positions, with a focus on the chair of the board, executive director, and social equity director positions. Of particular interest is the fact that Norm Birenbaum has not been confirmed by many legislators as the executive director of the Office of Cannabis Management, despite having been selected by NYS Governor Cuomo as the director of the cannabis programs for New York State. Aleece suspects that the legislators are instead looking for someone who has more experience in the adult-use cannabis space and someone who is committed to championing the social equity provisions of the legislation. Check out this week’s episode to hear Aleece’s thoughts on this important aspect of New York’s adult-use cannabis legislation.

DISCLAIMER:  

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece interviews Corey Auerbach, partner, Land Use & Zoning Practice Area co-chair, and member of the Cannabis Team at Barclay Damon. Corey gives a background on the type of clients with whom he most frequently works. He also explains what municipalities and operators need to know about the MRTA to prepare themselves for when the rules and regulations are released. A key topic Aleece and Corey cover is whether municipalities will opt in and what the ramifications could be if they choose to opt out. Corey goes into more detail about the process of opting out and opting in. Aleece and Corey also discuss the things operators should be mindful of while looking for real estate, including siting requirements (which are similar to those from the state liquor authority) and local zoning law. Tune in to hear more of Corey’s insights.

DISCLAIMER:  

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece provides an update on the status of delta-8 THC in New York State. New York State’s proposed regulations on delta-8 THC have been revised and are currently in a comment period until July 19, 2021. Previously, delta-8 THC had been largely unregulated in New York State. Aleece explains what delta-8 THC is, how it’s being used, and the proposed ban on the isomer in New York State. Several other states have already banned delta-8 THC, and New York’s regulations will likely be the most strict owing to the fact that it has the Office of Cannabis Management. The fact remains that delta-8 THC is one of the most profitable products sold in CBD shops and, as a result, it is also incredibly profitable for processors. Aleece speculates that delta-8 THC could continue to be profitable if it is regulated versus being banned. Aleece advises licensed hemp-touching businesses in New York State to stay away from delta-8 THC to be safe. Tune in to hear more!

DISCLAIMER:  

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece speaks with Jeff Nemeth, co-founder of ACT Laboratories, which is a multistate laboratory operation in the United States, about what’s happening with labs across New York State, what they’re testing for, and what people can anticipate in New York State once adult-use marijuana licenses start rolling out. Jeff gives a brief history of ACT Laboratories and explains what the lab tests: hemp, medical marijuana, and recreational adult-use marijuana. He also tells Aleece about his personal experience with medical marijuana and CBD, which was his inspiration to get into the cannabis testing space and co-found ACT Laboratories. Aleece and Jeff discuss how the forthcoming licensing of cannabis producers in New York State might impact the existing testing facilities. Will testing facilities be able to handle the amount of samples that need to be tested? Tune in to learn more about cannabis testing from Jeff Nemeth and don’t forget to like, follow, and share the Cannabis Counselor podcast.

DISCLAIMER:  

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.

This week, Aleece speaks with Eddie Sundquist, mayor of Jamestown, New York, about how Jamestown could be at the forefront of cannabis businesses taking up residency in the town. Jamestown is putting an emphasis on cannabis businesses to encourage and facilitate producers, processors, and retailers becoming established in the locality. Jamestown sees the new economy as technology and, with the legalization of cannabis in New York State, the economy will be directly linked to the cannabis industry. Jamestown is uniquely located and will be a good home to businesses in each sector of the cannabis industry. Many localities in other states with legalized marijuana have opted out of allowing cannabis-touching businesses. Jamestown, however, is ahead of the game and has been vocal about opting in to allow cannabis businesses to set up shop there. Aleece and Eddie discuss the potential locations of these businesses and how Jamestown will incentivize these businesses to move to the locality. Tune in to hear more about how Eddie and Jamestown plan to make the locality a hospitable place for cannabis industry businesses and workers.

DISCLAIMER:  

This material is for informational purposes only and does not constitute legal advice or a legal opinion, and no attorney-client relationship has been established or implied. Thanks for listening.