In the Weeds Blog
In the highly regulated cannabis industry, success is reserved for those who take a thoughtful and strategic approach to entering this market.
In the Weeds aims to help keep today’s cannabis entrepreneur well informed. We track developments in marijuana law and business, including regulatory framework in states where cannabis has been legalized for medical and/or recreational uses and the unique issues that businesses in the cannabis industry face.
This blog offers insights on banking, real estate, finance, corporate entity formation and governance, taxation and creditor rights issues that are distinct to companies in the legal marijuana space, as well as the interplay of collateral businesses to the cannabis industry.
Recent Blog Posts
Illinois Courts Dismiss Wave of THC Vape Product Class Actions
A recent wave of putative class actions accusing Illinois cannabis companies of intentionally miscategorizing vape products has largely collapsed at the pleading stage. Both Illinois federal district courts and state chancery courts have summarily dismissed these cases, finding that the alleged miscategorization does not give rise to a cause of action. In doing so, courts... Continue Reading…More
A New Challenge to Section 280E Could Result in Lower Taxes for State-Legal Medical Cannabis Businesses
A new U.S. Tax Court case, New Mexico Top Organics, Inc. d/b/a Ultra Health v. Commissioner, could reshape how Section 280E of the U.S. tax code applies to state-legal medical cannabis businesses. Ultra Health argues that Section 280E turns on the Controlled Substances Act’s scheduling criteria — not its listed schedules — and that marijuana... Continue Reading…More
Thirty-two Attorneys General Press Congress to Finally Pass the SAFER Banking Act to Protect Cannabis Businesses and Communities
A bipartisan coalition of 32 state and territory attorneys general is urging Congress to pass the SAFER Banking Act, which would allow financial institutions to serve state-licensed cannabis businesses. The current cash-only environment puts businesses, employees, and communities at risk, while also hindering tax collection and economic growth. The SAFER Banking Act aims to resolve these issues by moving cannabis business funds into the regulated banking system, increasing transparency and safety without changing federal legalization policy. Continue Reading…More
Minnesota to Hold Cannabis Retail License Lottery For Social Equity and General Applicants on July 22
The Minnesota Office of Cannabis Management is set to conduct its second lottery for Minnesota Cannabis Retail Licenses. On June 5, 2025, the OCM held its first round of lotteries, conducting social equity applicant lotteries for cannabis cultivator, cannabis manufacturer, cannabis mezzobusiness, and cannabis retailer licneses, and general applicant lotteries for cannabis cultivator, cannabis manufacturer,... Continue Reading…More
Minnesota Adopts Final Cannabis Rules
Today, Minnesota’s Office of Cannabis Management announced that Minnesota’s final set of adult-use cannabis rules have been approved, will be publish in the State Register, and will go into effect later this month. After the rules are published and go into effect, the OCM will be in a position to begin issuing licenses to applicants... Continue Reading…More
DC ABCA Licensure Deadline
The grace period during which DC’s unlicensed cannabis establishments must obtain proper licensure without facing enforcement actions is soon ending. By March 31, unlicensed cannabis establishments that have applied for a retailer or internet retailer license must have their licenses issued and must “be in operation.” If these conditions are not met, the DC Alcoholic... Continue Reading…More
Minnesota Announces Intent to Adopt Expedited Cannabis Rules
On Thursday, the Minnesota Office of Cannabis Management announced its intent to adopt expedited rules without a public hearing. According to the OCM, the expedited rules are “designed to regulate the adult-use cannabis, medical cannabis, hemp-derived consumer products, and lower-potency hemp derived edibles markets in Minnesota,” and will cover “all parts of a licensee’s activities,... Continue Reading…More
Maryland Office of Social Equity Regulatory Update
The Maryland Office of Social Equity (OSE) is an office within the Maryland Cannabis Administration (MCA). Its purpose is to promote and encourage participation in the regulated cannabis industry by communities that have been disproportionately impacted by cannabis prohibition and enforcement. Last week, the OSE posted draft regulations concerning the OSE’s Social Equity Partnership Grant... Continue Reading…More
Minnesota OCM Cancels Separate Social Equity Lottery
As MinnPost reports, Minnesota’s Office of Cannabis Management cancelled its social equity lottery, which would have occurred separate from the general applicant lottery in 2025. A portion of the licenses remain allocated to social equity applicants for when the general applicant lottery is held (with social equity applicants). The OCM anticipates the next lottery to... Continue Reading…More
Update: DC Cannabis Enforcement
The DC Alcoholic Beverage and Cannabis Administration (“ABCA”) Enforcement Division continues to exercise its enforcement authority against allegedly unlawful cannabis and entheogenic mushroom businesses in the District. A wave of enforcement activity has occurred after the DC Council passed emergency legislation this summer aimed at expanding and clarifying the ABCA’s civil enforcement powers. The emergency... Continue Reading…More
