Archive

Can New York’s Illegal Cannabis Dispensaries Be Stopped? Governor Hochul Proposes a Solution

By Michelle Bodian, Elliot Choi
May 12, 2023

New York City has seen a proliferation of illicit and unregulated cannabis stores since the Marihuana Regulation & Taxation Act was signed into law on March 31, 2021. To date, enforcement efforts have been limited; however, that could all change with the passage of the Governor’s 2024 budget. Read this article to learn key aspects of the budget provisions concerning the illicit cannabis market.

Revised New York Adult-Use Cannabis Regulations: What You Need to Know

By Michelle Bodian, Elliot Choi, Brandon Kurtzman, Charles Alovisetti
May 11, 2023

On May 11, 2023, New York’s Cannabis Control Board voted to approve the revised adult-use cannabis regulations. The Office of Cannabis Management (OCM) has indicated adult-use cannabis applications will open up in the fall, meaning these revised regulations will function as our roadmap. This article outlines key changes in the revised regulations.

[Webinar] Restructuring Options in Cannabis: Out-of-Court Workouts

Mar 15, 2023

Cannabis businesses facing insolvency can't access federal bankruptcy courts, but they do have restructuring options. One of those options is an out-of-court workout between lenders and borrowers. Watch this Vicente LLP session to learn the practical issues around out-of-court workouts and cannabis companies.

Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian
Sep 29, 2022

Charles Alovisetti, Elliot Y. Choi, and Sahar Ayinehsazian write for the Bloomberg Law, reflecting on the challenges and journey of raising private capital in the cannabis industry

What is a Cannabis REIT?

By Charles Alovisetti, Cassia Furman
Apr 23, 2021

To many in the cannabis industry, REIT is not a common acronym. Yet, as cannabis businesses seek ways to raise funds, REITs are coming up in more and more conversations.

Raising Private Capital in the Cannabis Industry

By Charles Alovisetti, Elliot Choi, Sahar Ayinehsazian
Sep 18, 2020

Raising private capital continues to be a challenge for the nascent cannabis industry, but there are proactive steps companies can take to maximize the chance of a successful raise.

Guide to Closing Cannabis Transactions Between Private Companies

By Charles Alovisetti, Elliot Choi, Ben Leonard, Jeremy Shaw
Aug 6, 2020

Conducting a closing is one of the more stressful tasks for junior and even senior attorneys. When a deal is ready to close, most of the principals and businesspeople are finished with their work, but lawyers are not out of the woods yet.

US Cannabis and International Treaties

By Amber Lengacher, Elliot Choi
Jun 15, 2020

While often overlooked, the Single Convention has important implications on cannabis reform, including purportedly requiring the US to maintain cannabis on Schedule I of the CSA.

Exploring Alternatives to Bankruptcy for Cannabis Businesses

By Charles Alovisetti, Phil Silverman, Jason Adelstone
Apr 17, 2020

Bankruptcy law provides advantages for financially distressed companies to restructure debt while continuing to operate. Without access to U.S. Bankruptcy Code protections, marijuana companies must turn to out-of-court restructurings and state law insolvency proceedings.

Blue Sky Laws and the Cannabis Industry

By Charles S. Alovisetti, Partner
Oct 7, 2019

In addition to federal securities laws, each state and territory has its own securities laws, often referred to as blue sky laws. Cannabis company compliance with these rules may be more important due to heightened regulatory scrutiny.

Can Hemp Companies Declare Bankruptcy?

By Charles S. Alovisetti, Partner; Phil Silverman, Counsel; Jason Adelstone, Law Clerk
Sep 27, 2019

One of the many issues arising out of the tension between state and federal law in the cannabis industry is whether cannabis companies can access the protections of federal bankruptcy law.