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Press Release: Three Powerhouse New York Cannabis Lawyers Form Cannabis Practice, Marking Expansion of Prince Lobel into New York - Prince Lobel Tye LLP

The legalization of marijuana use continues to develop throughout the US, with only three states remaining where the use of marijuana is entirely illegal. The rest of the country has state-by-state laws about marijuana use, with each state falling into one of the following categories:   Medica...

Can you get charged for driving while high? Yes, anyone who uses marijuana, legally or illegally, and then operates a motor vehicle risks a marijuana DUI charge. In every state in the US, it is illegal to drive while under the influence of marijuana, while charges and how they are proven vary by ...

New York's Legal Cannabis Tax Revenue I was pleased to see that a recent budget projection from governor Kathy Hochul, New York, estimates that the state could collect $1.25 billion in tax revenue from legal cannabis sales over the next six years. This announcement means that NY will include the...

Law360 (December 7, 2021, 6:40 PM EST) -- The New York chapter of cannabis advocacy groupNORML is asking the U.S. Supreme Court to take up a case that could settle once and for all whether insurers can be compelled to reimburse patients using medical marijuana for work-related injuries.

There is a long and complicated history surrounding marijuana laws in the United States. Despite 47 states legalizing cannabis in some form, the legal status of possessing and cultivating marijuana is still an issue on state and federal levels. Despite being legalized in some form in nearly every...

The New York Department of Labor recently amended significant portions of employment laws in response to the legalization of recreational marijuana. The addition of the Marijuana Regulation and Taxation Act (MRTA) officially legalized cannabis possession and use for New York residents above the a...

David Holland discusses cannabis legalization in the state of NY with local NPR station

I was delighted to attend and honored to speak at the 2021 New York State Cannabis Expo. The event was held in Albany, NY and people from all sides of the industry were in attendance. It's always great to see friends, colleagues, and enthusiasts together in one location, and the conference was a ...

As I have spent most of my career as a New York criminal defense attorney and drug crime lawyer, it's fair to say I've seen injustice in all shapes and forms. It's a historical trend in America that the poor and disenfranchised always end up being punished the hardest for nonviolent crimes. Drug ...

Really enjoyed chance to explain to NPR radio affiliate, WJFF, about the Catskills Cannabis Consortium panel discussion I put together in Narrowsburg, New York discussing hemp and cannabis prospects for Sullivan County and the Delaware Valley Starts at 6:00 minute mark: https://archive.wjffradi...

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...

Answer: Under the MRTA, the definition of ‘illicit cannabis' is: ARTICLE 6, Section 136 – “Illicit Cannabis” is cannabis for which the required applicable tax has not been paid. Does not include lawfully possessed cannabis (ie, 3oz or less, or 5lbs in the home, or homegrown).

Answer: Yes, under New York law, specific decisions and determinations with regard to licensure and enforcement of the provisions of the MRTA are subject to judicial review. More specifically, the MRTA provides: MRTA, Article 6, Section 135 – Actions of the OCM/Cannabis Control Board are subjec...

Answer: No, New York has taken special measures to ensure that landlord who rent to those in the business of cannabis are protected under the law. More specifically, the MRTA contains the following express provision: MRTA, Article 6, Section 134(2)(b) – Landlords and property owners who lease o...

Answer: No, New York has taken special measures to ensure that the business of cannabis is protected under the law. More specifically, the MRTA contains the following express provision: MRTA, Article 6, Section 134 – Lawful Action – Contracts entered into in accordance with adult use and medica...

Answer: MRTA, Article 6, Section 132 – Any person or entity operating in the sale of adult use cannabis or cannabis products, or medical cannabis without a proper license or without obtaining it from a licensed vendor is subject to prosecution under Penal Law 222.00 et seq.

Answer: The MRTA repealed Section 221 of the Penal Law and established Penal Law 222.00 et seq which specifically relate to marijuana cannabis offenses under the criminal law in New York.

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.           ...

Answer: In New York City, an employer may not administer a drug test to a job applicant prior to employment. That is not the same for the rest of the State. Employers may test an employee once the applicant is hired. However, under the MRTA, there are a number of employment protections for lawf...

Answer: In addition to the protections for medical marijuana patients under New York Public Health Law 3369(1), the MRTA has distinct protections for other cannabis consumers as well: ANTI-DISCRIMINATION PROVISIONS FOR THE USE OF CANNABIS Section 127 - Protections for the use of cannabis; unla...

Answer: ARTICLE 6 OF THE MRTA – GENERAL PROVISIONS Section 125(1) – no one can cultivate, process, sell, or deliver cannabis without a state issued permit. Section 125(3) – no one under 18 years old may be employed in cultivation, processing, delivery, or selling of cannabis. Section 125(4) –...

Answer: Article 5 of the MRTA relates to all hemp related matters. Under that Article, there are the following licenses for Hemp:             Section 92. Cannabinoid hemp processor license. Section 93. Cannabinoid hemp retailer license. Section 111 – Special Use permits

Answer: The types of licenses available for Adult Use Cannabis in New York State are found in Article 4 of the MRTA.             They are as follows: Adult-use cultivator license. 68-a. Registered organization adult-use cultivator processor distributor retail dispensary license. 68-b. Re...

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...