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New York Marijuana Laws - Understanding Your Rights

Posted by David Holland | Sep 15, 2021 | 0 Comments

New York lawmakers recently approved a bill legalizing the use of recreational marijuana for adults 21 and older in the state. Once regulations are put in place, New York State will also legalize the sale of recreational marijuana.  As a marijuana defense attorney in the State of New York, I wan...

Question: Can Counties, Cities, Towns, or Villages “Opt-Out” of Adult Use Cannabis retail sales and social consumption sites?

Posted by David Holland | Apr 25, 2021 | 0 Comments

Answer: In short, under the MRTA, only cities, towns, and villages may opt-out of having adult use cannabis and social consumption sites in their jurisdiction. However, they cannot opt-out prior to the passage of the rules to come from the OCM and CCB regarding the adult use program.           ...

Question: What is the MRTA?

Posted by David Holland | Apr 25, 2021 | 0 Comments

Answer: THE MARIHUANA REGULATION AND TAXATION ACT             On March 31, 2021, Governor Cuomo signed the “Marihuana Regulation and Taxation Act” into law which legalized adult use cannabis.             Under the MRTA, the state has created the Office of Cannabis Management (OCM) which will b...

Question: What do the US Supreme Court rulings in Gonzales v. Raich and Wickard v. Filburn case have to do with medical marijuana?

Posted by David Holland | Apr 25, 2021 | 0 Comments

Answer: Many question whether (a) a domestically cultivated industrial hemp crop, (b) from which CBD is extracted and packaged, (c) all occurring within the state of New York State, falls under the FDA's jurisdiction over “interstate commerce”.  The short answer is Yes.  The power to regulate c...

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