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.

This week, Aleece explains why the Drug Enforcement Agency’s (DEA) decision to award additional applicants the opportunity to research marijuana at the federal level is so monumental. Aleece focuses the episode on the federal research application period that President Biden rekindled recently by sending three new applicants a Memorandum of Agreement (MOA), effectively allowing them to research marijuana. Tune in to hear about what is outlined in the MOA and how these research opportunities might change the federal perspective on legalizing recreational marijuana, medical marijuana, or both. As more information comes in, Aleece plans to further break down this topic in subsequent episodes.

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 Paal Elfstrum, owner and CEO of Wheatfield Gardens, a current hemp operation in New York State with a large production facility that’s looking to transfer into the adult-use space. Aleece and Paal discuss hemp infrastructure and the logistics associated with transferring from hemp cultivation to cultivating adult-use cannabis. Tune in to hear how Paal and Wheatfield Gardens got started in the hemp space, the challenges associated with the disconnect between state and federal cannabis regulations, and what it takes to run a hemp operation in terms of sustainability and energy efficiency. Aleece and Paal also touch on the lack of preferential treatment for existing hemp operators in New York State’s cannabis legislation and how Paal intends to bring social equity principles to Wheatfield Gardens to become a social equity incubator for entrepreneurs interested in cultivating adult-use cannabis. 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 covers two important topics: guns and marijuana. She answers key questions, including, “Can you obtain a gun when you are a medical marijuana card holder or a habitual marijuana user in a legalized adult-use state?,” “Does state law trump federal law with regard to being a marijuana user and owning a gun?,” and “What are the ramifications of lying on a background check to obtain a gun while using or possessing marijuana?” The answers to these questions pertain not only to marijuana users, but also those people who decide to participate in home grow. 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 interviews David Burch, the go-to member of Barclay Damon’s Cannabis Team regarding social equity, about minority and women owned business enterprises (MWBEs). David explains his background with MWBEs, the certification process, and what the basic qualifications are to be considered an MWBE. MWBEs fit into the social equity provision of New York State’s cannabis legislation. Tune in to hear more about MWBEs and how they go hand in hand with the MRTA.

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 recaps the key components of the Marijuana Regulation and Taxation Act (MRTA) and what has changed since Episode 2, which aired before NYS Governor Cuomo signed the MRTA into law on March 31, 2021. Even though people are itching to get the application process started, they’ll have to wait. There will be at least a six-month waiting period before rules and regulations are published and, without these rules and regulations, it’s difficult to know what will need to be a part of license applications. Aleece delves into the specifics regarding social equity applicants and what will be required of them. She also contemplates what might happen with medical marijuana in the interim until the rules and regulations are published. Aleece voices her speculations regarding the application process and provides a helpful checklist of things people can do to prepare for the application window to open. Tune in to hear more about the MRTA!

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 Chris Harrigan, a member of Barclay Damon’s Labor & Employment Practice Area and Cannabis Team, about how the Marijuana Regulation and Taxation Act (MRTA) pertains to labor and employment law. Chris explains that changes to the New York Labor Law, specifically § 201-d, make using legal marijuana comparable to drinking alcohol in the eyes of the law. Chris and Aleece touch on pre-employment drug testing, drug testing and discipline for established employees, exceptions to the general rule for disciplining and terminating employees for marijuana use, and key takeaways for employers. Tune in to hear Chris’s perspective on how the MRTA’s labor and employment provisions have impacted employers and employees in New York State.

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 Jeremy Cooney, senator representing New York State’s 56th district and co-chair of the NYS Black, Puerto Rican, Hispanic & Asian Legislative Caucus’s Marijuana Task Force, about the opposition to legalizing adult-use cannabis in New York State, how the state will move forward, and the timelines and processes associated with the legislation passing on Wednesday, March 31, 2021. Senator Cooney explains the need for tax dollars to be invested in developing THC testing technology, how transitioning cannabis use into a safe, legal space can benefit distressed communities, and how NYS legislators fought for automatic expungement of state-level cannabis possession and use criminal records. Tune in to hear more of Senator Cooney’s perspectives on legalized adult-use cannabis in New York State.

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 Peter Su, vice president of private banking and Cannabis Banking Team leader at Dime Community Bank and member of the National Cannabis Industry Association’s (NCIA) Banking & Financial Services Committee, about the incredibly nuanced relationship between the cannabis and banking industries. Aleece and Peter discuss Peter’s background in cannabis banking, his role on the NCIA Banking & Financial Services Committee, how cannabis industry clients go about finding a lending institution, FinCEN guidance, his thoughts on the Safe Banking Act, and much more. Tune in to learn more about banking in cannabis from Peter and Aleece!

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.

“MRTA: Deep Dive Featuring Assemblywoman Crystal Peoples-Stokes”: In this episode, Aleece interviews NYS Assemblywoman Crystal Peoples-Stokes, majority leader of the NYS Assembly and sponsor of the Marijuana Regulation and Taxation Act (MRTA), about the bill and its future outlook. As a result of the Cannabis Regulation and Taxation Act (CRTA) being removed from NYS Governor Cuomo’s budget, the focus has shifted to the MRTA. Aleece and Assemblywoman Peoples-Stokes cover the big issues associated with the MRTA, including home grow, community reinvestment, and equity for cannabis businesses, the inclusion of medical marijuana and hemp in the Office of Cannabis Management. One of the biggest issues still facing the MRTA is the vehicle and traffic law, especially how to tackle impaired driving. Tune in to hear Assemblywoman Peoples-Stokes’ highly informed perspective on adult-use cannabis legalization in New York State and, as always, we’ll keep you updated on the progress of this key piece of 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 Zach Sarkis, founder of NY HempLab and Flower City Collective, and Jason Klimek, Cannabis Service Team leader at Boylan Code LLP and board member of Roc NORML and NY HempLab, about Delta-8 THC concentrations in hemp, MRTA versus CRTA, distribution licenses, taxation, and other topics. Tune in to hear why cannabinoids should be treated differently than alcohol, how CBD and THC interact when mixed, how taxation practices could negatively impact high-THC cannabis sales, and what’s next for cannabis legislation in New York State. 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 interviews Gabby Figueroa, associate at Barclay Damon, about New Jersey’s cannabis legislation. Gabby is admitted to practice in New Jersey and is a member of the firm’s Cannabis Team, focusing on tracking developments in the New Jersey cannabis industry and providing guidance on regulatory compliance to cannabis businesses in New Jersey. On February 22, 2021, three different bills were signed by New Jersey Governor Phil Murphy: a legalization bill, a decriminalization bill, and a bill for cannabis-related penalties for underage people. Gabby also talks about how cannabis legalization in New Jersey has affected people who have been charged for cannabis possession, licensing schemes, and home grow. Tune in to hear what Gabby has to say about New Jersey’s cannabis legislation and how it compares to New York’s proposed cannabis legislation as discussed in previous episodes.

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.

In this episode, Aleece breaks down New York State’s hemp licensing structure since the passage of the hemp extraction bill, which aims to expand the state’s hemp program. The types of licenses include: a hemp retail license, a hemp distribution license, a manufacturing license, and a processor license. One of the most important licenses, in Aleece’s opinion, is the manufacturing license. Tune in to find out why. If you’re interested in New Jersey’s cannabis regulations, listen to next week’s episode in which Aleece speaks with Gabby Figueroa, an associate at Barclay Damon, about the New Jersey cannabis market.

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.

Aleece discusses the Marijuana Regulation and Taxation Act (MRTA), which, if passed, will legalize the production, distribution, and use of marijuana in New York State. As with the CRTA, the MRTA has a provision for a social equity program. However, unlike the CRTA, the MRTA has a provision for home grow. Aleece also discusses the MRTA’s taxation provision, its “problem area,” and its licensing structure. If you haven’t already, listen to Episode 1 and Episode 1, Part 2 for details about the CRTA. As always, we’ll update you with new episodes should additional information about these bills be released.

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.

Aleece covers the amendments to the Cannabis Regulation Taxation Act (CRTA) that came out between February 12 and February 19, 2021. The amendments pertain to delivery licenses, criminal penalties, and the social equity fund. If you haven’t already listened to Episode 1, check that out for more details about the CRTA. Should additional amendments be added to the CRTA, we’ll update you with a new podcast episode.

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.

Aleece discusses the Cannabis Regulation Taxation Act (CRTA), which, if passed, will legalize adult-use cannabis in New York State. This bill was included in New York State Governor Andrew Cuomo’s Executive Budget Proposal for 2021-2022, which was released on January 19, 2021. Aleece covers the provisions included in the CRTA: the establishment of the Office of Cannabis Management, the licensing structure, the tax structure, and the social equity fund. Check out Episode 1, Part 2 for amendments to the CRTA.

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.