Category: Legislation

Turning Over a New Leaf: How Cannabis Receiverships Can Cultivate a Stronger Future

Post author By Blank Rome LLP
Post date September 10, 2025

Lauren Medeiros Forster —

It is no secret that the cannabis industry has been on a wild ride lately, especially in mature markets. Many operators are feeling the pressure, and they are not alone. Let us break down the current landscape, why it is tough out there, and how receiverships and distressed sales might actually be a positive move for struggling cannabis companies.

Many developed cannabis markets are facing serious challenges. Inflation and a shaky economy are making it harder for businesses to stay afloat (regardless of industry type), on top of market saturation that has caused cannabis prices to drop, and tight profit margins for businesses in the more established marijuana states. This is compounded with the harsh effects of tax burdens due to 280E—where cannabis companies are unable to deduct otherwise established business expenses from gross income as a result of the federal illegality of cannabis in the United States—and lack of liquidity from inability to access traditional debt financing and institutional equity markets. As a result, many cannabis companies are finding it difficult to pay their debts and keep the lights on. And because cannabis is still federally illegal in the United States, struggling cannabis operators are limited when it comes to utilizing federal bankruptcy mechanisms for relief.

But hope is not lost. Even in tough times, cannabis businesses along with their management, creditors, and investors, have found options to help their companies restructure and move forward. One of those is a state-level receivership.

Tags distressed sale, receivership

Legislation Regulatory Compliance

Continued Momentum for Social Consumption Lounges

Post author By Blank Rome LLP
Post date February 12, 2025

Gustav Stickley V —

For a long time, social consumption lounges have been a sort of “White Whale” in the adult-use cannabis industry, murmured about and pursued but rarely spotted. Luckily for us Captain Ahabs, a number of state legislatures have begun taking action on developing a licensing and operational framework for social consumption lounges and cannabis events permitting consumption. The Cannabis Control Commission of Massachusetts issued its proposed rules and licensing structure at the end of 2024 (see Social Consumption Lounges in Massachusetts: Proposed Rules for more information). Most recently at the end of January, Maryland’s house and senate also took action by introducing two complementary bills to establish rules and to regulate the hosting of events permitting cannabis consumption in the Old Line State (Legislation – HB0132 and Legislation – SB0215). Connecticut, New Jersey, and New York have also recently taken steps towards developing and enhancing the social consumption lounge regime in their respective states.

Both Maryland bills remain under review of the respective finance committees, but here is a quick hitter summary on the contents.

Initially, the state would accept applications for 15 licenses that would permit the serving of single-serving, infused beverages and edibles sourced from third-party operators.
Neither the smoking of cannabis nor the infusion of foods and beverages on-site would be permitted.
Licensed locations would provide the Maryland Cannabis Administration at least 60 days advance notice of an event involving cannabis consumption. Therefore, this license type wouldn’t operate as a social consumption lounge, but would permit a location to host a temporary cannabis event where the consumption of cannabis products is permitted.

As you can see, the proposed bills are quite restrictive, but I choose to view progress as is and take solace in the old adage, “Rome wasn’t built in a day.”

Tags cannabis consumption lounges, lounges, social consumption

Legislation Regulatory Compliance

MA Cannabis Commission Releases New HCA Resources

Post author By Blank Rome LLP
Post date February 7, 2025

Lauren Medeiros Forster —

Last week, the Massachusetts Cannabis Control Commission (“CCC” or the “Commission”) released new resources for navigating the rocky waters of community impact fees (“CIFs”) and host community agreements (“HCAs”). This announcement likely comes in response to the ruminating and yearning for additional guidance by operators and municipalities following the CCC’s release of new regulations and host community agreement template last year. See our prior blog post, “CCC’s Model HCA & Approval Process,” for more information on those regulations and HCA template.

This new release details several new resources available to cannabis businesses and their host communities in Massachusetts. Kimberly Roy, the Commissioner and Chapter 180 Working Group HCA Co-Chair stated, “[t]hese guidance documents are meant to serve as compliance tools to help clarify and streamline the new processes. As we approach the one-year mark in March of the new HCA requirements, the Commission continues to exercise its statutorily given authority to review and approve Host Community Agreements to ensure these contracts are compliant with current law.”

Tags Cannabis Control Commission, CCC, CIF, community impact fee, HCA, host community agreements

Legislation Regulatory Compliance

Massachusetts Superior Court Holds That New HCA Law Does Not Apply Retroactively

Post author By Blank Rome LLP
Post date July 18, 2024

Max M. Borg —

On June 10, 2024, Associate Justice Jeffrey Karp, of the Massachusetts Superior Court, Essex (the “Court”), issued an important—and, to many licensed cannabis businesses in Massachusetts, surprising—ruling in the case of Haverhill Stem LLC vs. James J. Fiorentini, that the new Host Community Agreement regulations (See Chapter 180 of the Acts of 2022, “An Act Relative to Equity in the Cannabis Industry” (the “New HCA Law”)) promulgated by the Massachusetts Cannabis Control Commission (the “CCC”) do not apply retroactively to the Host Community Agreement (the “Stem HCA”) entered into in 2018 between the City of Haverhill, Massachusetts, (the “City”) and Haverhill Stem LLC (“Stem”), a licensed cannabis dispensary.

Therefore, the Court held that the Stem HCA is governed by the language of G.L. c. 94G and 935 CMR 500 et seq. as in effect at the time of entry into the Stem HCA (the “Old HCA Law”), such that the Stem HCA is not governed by the New HCA Law.

Tags CIF, community impact fee, HCA, host community agreements, Massachusetts

Legislation

CCC in Turmoil? Massachusetts Legislature Urged to Place Cannabis Control Commission in Receivership

Post author By Blank Rome LLP
Post date June 21, 2024

Gustav Stickley V —

On June 18, 2024, the Massachusetts Office of the Inspector General (“OIG”) addressed a letter to the Massachusetts state legislature (“Legislature”) urging it to take action to correct the poor governance structure of the Cannabis Control Commission (“CCC”) (click here to see the full letter).

The letter states that the CCC’s enabling statute lacks clarity in establishing the leadership hierarchy and defining the duties and responsibilities of its staff and leadership. Despite apparent efforts over the past two years by the CCC, including its commissioners, to establish a clear governing structure, the OIG posits that it is no closer to solving the issue than it was two years ago.

Tags Cannabis Control Commission, CCC, governance, Massachusetts, Massachusetts Office of the Inspector General, OIG

Controlled Substance Act Employment Issues Legislation Meet Blank Rome Mergers and Acquisitions Regulatory Compliance

Welcome to Cannabis Industry Insights

Post author By Blank Rome LLP
Post date June 20, 2024
Sticky post

Frank A. Segall, Scott H. Moskol, and Max M. Borg —

Whether you are a plant-touching operator or an ancillary business, lender, or investor, Blank Rome’s Cannabis Industry Insights blog is your go-to resource for the cannabis industry.

Authored by our trailblazing Cannabis practice attorneys, the Cannabis Industry Insights blog explores the rapidly evolving legal, regulatory, and business landscape, helping those in the sector stay ahead of the curve and seize industry opportunities. Our cannabis team was one of the first in the United States to utilize its extensive corporate and finance experience to support the cannabis industry, and has received numerous accolades, including Law360’s prestigious 2023 Cannabis Practice Group of the Year.

Through our blog, we will continue to explore issues that directly impact the cannabis industry. With the announcement of the rescheduling of cannabis from Schedule 1 to Schedule 3 under the Controlled Substance Act, we are optimistic about new and expanding opportunities for industry players. In addition to interviews with industry leaders, the blog will cover such topics as the impact of rescheduling on 280E taxation; legal and regulatory compliance concerns; the landscape for mergers and acquisitions; legislative efforts; banking, insurance, and other business issues; capital markets; workouts and restructurings impacting the industry; the growing importance of e-commerce, fintech, and regtech; debt and equity financings; labor and employment issues in light of unionization efforts; data privacy and security; and employee stock ownership plans (“ESOPs”); among other areas that are relevant to the underpinnings of the industry.

Our goal is to help cannabis businesses survive and thrive in this highly regulated environment, as well as to assist new participants in entering this exciting industry. Subscribe below to receive our timely content:

Tags welcome

Legislation Regulatory Compliance

The Future of Hemp-Derived THC

Post author By Blank Rome LLP
Post date June 20, 2024

Marc A. Polito —

Recent state and federal rumblings lead us to believe we may finally have some resolution to the uncertainty surrounding the legality of hemp-derived synthetic THC products, including without limitation, delta-8 THC, as an amendment to the 2018 Farm Bill has been proposed to clarify the loophole allowing for the sale of such hemp-derived products.

When the 2018 Farm Bill was enacted in 2018, it removed hemp, defined as cannabis (Cannabis sativa L.) and derivatives of cannabis with low concentrations (no more than 0.3 percent tetrahydrocannibinol (“THC”) on a dry weight basis) of the psychoactive compound delta-9-THC, from the definition of marijuana in the Controlled Substances Act (“CSA”). Hemp comes from a cannabis plant, just like the delta-9 THC producing marijuana plant, but a hemp-cannabis plant refers to cannabis plant that contains 0.3 percent or less of delta-9 THC. Delta-9-THC is the compound generally responsible for the psychoactive effects of cannabis that is subject to the CSA. A typical marijuana-cannabis plant on the other hand, can have anywhere from 15 to 30 percent of delta-9 THC.

Tags Farm Bill, hemp, Hemp-Derived THC, Massachusetts, THC