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Cannabis in Ecuador and Peru: ¿Cómo se dice «reality check»?

April 11 was a big date on Latin America’s election calendar, with Peru holding the first round of its presidential elections and Ecuador a decisive second round. For cannabis observers, the day began with the prospect of encouraging results in both countries. Instead, the outcome was a double disappointment. In Peru, the two candidates that …

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Will New York’s Cannabis Law Create Sweeping Changes for Its Hemp Industry?

On March 31, Governor Andrew Cuomo signed into law the much-anticipated “Marijuana Regulation and Taxation Act“ (the “MRTA”). You can find our ongoing coverage of all things MRTA here. What isn’t obvious from the title of this new law, however, is that it includes provisions that may change how the state will eventually regulate its …

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Happy 4/20! Why This One’s Different From All the Rest

Today is that hallowed cultural holiday for the cannabis industry, 4/20. Of all of the 4/20’s of the past, this one hits a little different (although 2015 was a nice year, too). We have seen so much political change in support of cannabis, including state-by-state legalization in the past year. We’ve also seen some fun, …

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Current Trends in Bankruptcy for Cannabis Companies

In a recent bankruptcy decision by the Ninth Circuit Bankruptcy Panel (“BAP”), the BAP had the occasion to explore some of the intricacies of how the Bankruptcy Code interacts with the cannabis industry. Burton v. Maney, 610 B.R. 633 (B.A.P. 9th Cir. 2020) (“In re Burton”). While, generally, a putative debtor cannot enjoy the protections …

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New York Cannabis Licensing, Part 2: The Application Process

Finally, the post that all prospective New York cannabis applicants have been waiting for: an explanation of the Marijuana Regulation and Taxation Act’s (MRTA) license application process. We ask you to curb your enthusiasm: while the MRTA provides a framework for the license application process, the actual license application (including the license fee) will be …

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Hemp Trademarks and the Perils of Generic Terms: PanXchange v. New Leaf Data Services

Two companies that provide data to the hemp industry are embroiled in a trademark dispute. New Leaf Data Services (“New Leaf”) sued PanXchange in Connecticut federal court, alleging that PanXchange’s offer of services under marks such as PANXCHANGE® HEMP BENCHMARKS constitutes infringement of New Leaf’s supplemental trademark registration, HEMP BENCHMARKS (Reg. No. 5079914). The case …

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Cannabis Taxes, the Biden Plan, the Oregon Plan and Your Bottom Line

Here is a scare article published last week in Portland’s Willamette Week. I like that publication pretty well, but the article makes a trio of tax-related assertions which strike me as wrong. In the author’s defense, suspect cannabis tax reportage is an industry pastime and the narrative of fiscally oppressed cannabis stores is attractive. Consider …

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