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It’s Opening Day for Ohio Adult-Use Marijuana – Play Bud!

Today is another red-letter date for Ohio. The Ohio Department of Development’s Division of Cannabis Control (DCC) has issued 98 Certificates of Operation (COOs) to dispensaries across the state, allowing them to sell...more

Litigation Byte (July Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Podcast: Securing Retail Space for Your Cannabis Business [More with McGlinchey, Ep. 68]

This is the second episode in More with McGlinchey's two-part series on the ins and outs of retail space in the cannabis industry. Obtaining retail space for any small business is a big move. There are many issues to...more

This is the End … of Chevron Deference. What Does It Mean and What Comes Next?

On June 28, 2024, in a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed...more

Podcast: Securing Retail Space for Your Cannabis Business (Episode 1 of 2) [More with McGlinchey, Ep. 65]

Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road. This is especially true for a...more

Ohio’s Dual-Use Marijuana License Applications Available June 7

In accordance with Ohio’s new adult-use marijuana legislation, applications for initial dual-use marijuana licenses will be made available by the Division of Cannabis Control (DCC) on its website no later than this Friday,...more

Ohio’s Recreational Cannabis: Almost Ready to Roll

May 13, 2024, Ohio’s Joint Committee on Agency Rule Review (JCARR) approved eleven rules previously submitted by the Division of Cannabis Control (DCC) for administrative rule review. Under Ohio law, JCARR is the final...more

EPA’s PFAS Enforcement Discretion and Settlement Policy Under CERCLA

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous...more

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) issued a Pre-Publication Notice that it was submitting a final rule (Rule) for publication in the Federal Register, designating perfluorooctanoic acid (PFOA)...more

Ohio Marijuana License Application Process Outlined by Regulations

On January 29, 2024, the Ohio Division of Cannabis Control (DCC) released the first package of proposed rules (Regulations) to govern the state’s emerging legal cannabis market. The Regulations cover the Ohio marijuana...more

Kentucky’s Proposed Medical Marijuana Regulations

On January 8, 2024, the Kentucky Cabinet for Health and Family Services (Cabinet) published its long-anticipated first proposed set of medical marijuana regulations. These proposed regulations set forth the operating...more

Podcast: Ohio Marijuana: Voters Legalize Adult-Use Cannabis [More with McGlinchey, Ep. 63]

Ohio legalized adult-use cannabis on November 7th, 2023, but the future of the market is uncertain, and things are changing quickly. In this episode, Daniel Shortt and David Waxman discuss why we should expect the unexpected...more

Ohio Marijuana: House Member Introduces Bill to Amend Recently Passed Adult-Use Law

Ohio Republicans have begun to propose legislative changes to the recently passed Issue 2, the Ohio Marijuana Legalization Initiative (Initiative), passed by over 57% of Ohioans in November. House Bill No. 341 (the Bill) was...more

Ohio Legalizes Adult-Use Marijuana

On November 7, 2023, voters in Ohio approved Ohio Issue 2, the Marijuana Legalization Initiative (the Initiative), which legalizes marijuana for recreational use in Ohio. Among its key provisions, the Ohio Initiative creates...more

Podcast: Demystifying Agency Rulemaking, Ep. 2: Mastering Participation in the Process [More with McGlinchey, Ep. 60]

In the second episode of our two-part series, “Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the Paperwork Reduction Act (PRA), Regulatory Flexibility Act...more

Podcast: Demystifying Agency Rulemaking, Ep.1: Navigating the Administrative Procedures Act to Safeguard Against Overreaching...

In the first episode of our two-part series, “Demystifying Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the history and evolution of the Administrative...more

All Eyes on Ohio’s Adult-Use Marijuana Measure Post Issue 1 Defeat

On August 8, 2023, Ohio voters defeated a proposed amendment to the state’s Constitution that would have required at least 60% of the vote on any citizen-initiated proposal to amend the Constitution, otherwise known as Issue...more

NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries

New laws and regulations are likely to be implemented in both New Jersey and New York in the very near future, which will greatly affect parties’ abilities to work with marijuana businesses. Regulating Parties that Deal with...more

Cannabis Creditors Face Receivership in Oregon

It is no secret that cannabis businesses and owners remain largely barred from taking advantage of federal bankruptcy protections, leaving distressed marijuana businesses with limited restructuring options. Most often,...more

The Long and Winding Road to Adult-Use Cannabis in Ohio: An Update

While the Ohio Legislature’s May 3, 2023, deadline to put forth adult-use legislation to avoid a ballot initiative went up in smoke, Ohioans have continued pushing forward in their attempt to legalize adult-use cannabis. And,...more

MedMen’s Illegality Defense: Will the Court Take the Case?

Can claiming you broke the law get you out of a contract? Illegality And Unforceability- MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more

Real estate developers can breathe easier: Senate’s Inflation Act does not strangle “promotes”

The United States Senate passed the Inflation Reduction Act of 2022 (Act) on August 7, 2022. As introduced in the Senate, the Act included a provision regarding carried interests (known to real estate developers as...more

C-PACE Offers Benefits for Energy Efficient Properties in Many States

Regardless of arguments as to its cause, climate change is real and its negative effects on health and the environment are evident. And although there exist legal directives that certain businesses must meet to increase...more

ASTM’s 2021 Standard Soon to be Referenced in EPA’s All Appropriate Inquiries (AAI) Rule

In November, 2021, the American Standard for Testing and Materials (ASTM) published its E1527-21 (-21 Standard), its 2021 update to its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

IRS Proposes New Like-Kind Exchange Regulations

The 2017 Tax Cut and Jobs Act (TCJA) limited like-kind exchanges occurring after 2017 to “real property held for productive use in a trade or business or investment if such real property is exchanged for real property of a...more

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