Neil M. Willner
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Articles by Neil M. Willner
Supreme Court Asked to Rule on Whether the Commerce Clause Applies to Cannabis Licensing | JD Supra
Cannabis companies denied dispensary licenses in Washington state and Sacramento have asked the U.S. Supreme Court to decide whether the dormant Commerce Clause's nondiscrimination principle applies to state and municipal cannabis licensing schemes. The petition filed September 10, 2026 arises from two consolidated cases, Peridot Tree WA, Inc. v. Washington State Liquor & Cannabis Control Board and a companion case against the City of Sacramento.
DEA Judge Pauses Marijuana Rescheduling Hearing Over New GAO Report
The Drug Enforcement Administration’s (DEA) Chief Administrative Law Judge Derek C. Julius stayed the marijuana rescheduling proceeding (DEA Docket No. 1362; Hearing Docket No. 26-96) on September 29. He is considering a motion to add a newly released Government Accountability Office (GAO) report to the hearing record and allow supplemental briefing. DUID Victim Voices, Kenneth Finn, M.D., and the National Drug & Alcohol Screening Association filed the motion September 28.
Virginia’s ‘Total THC’ Hemp Law Upheld by Fourth Circuit: What It Means for the Hemp Industry | JD Supra
On January 7, 2025, the Fourth Circuit Court of Appeals issued its long-awaited decision in Northern Virginia Hemp & Agriculture v. Commonwealth of Virginia, holding that Virginia could implement “total THC” standards for hemp products. The plaintiffs challenged Virginia’s Senate Bill 903 (SB 903), which regulates hemp sales based on total tetrahydrocannabinol (THC) concentration, including delta-8 THC and other THC isomers, rather than solely delta-9 THC.
Delta-8 THC Becomes Legal in Georgia After a Crucial Court Ruling
Delta-8 THC is legal in Georgia, following the result of a legal battle between a local District Attorney and the industry. State law took cues from the Farm Bill when it legalized hemp, but the precise details were brought into dispute in early 2022. This ultimately led to a raid on a distribution center in the state and a long, drawn-out battle of legal decisions and appeals.
The Wheel is Turning and You Can't Slow Down: An Update on the Tri-State of Cannabis | JD Supra
Trying “just a little bit harder” and “just a little bit more” than years past, the Tri-State’s cannabis wheel is churning full speed ahead in 2022. New Jersey, New York, and Connecticut each began accepting applications for various adult-use licenses over the past several months and if the application process continues running smoothly, each state expects to open its doors to retail consumers before year’s end.
The Tip of the Spear Piercing the Regulated Cannabis Industry: How Intoxicating Hemp Cannabinoids and the Illicit Market Pose Significant Challenges to the Emerging Industry | Cannabis Law Report
Consumer demand and public support for cannabis legalization has led to sweeping reform across the Country. Unfortunately, this appetite combined with a lack of access to regulated marijuana has perpetuated both a robust and unregulated illicit marijuana market, and an unregulated hemp industry where intoxicating hemp-derived cannabinoids like Delta-8 THC, Delta-9 THC, THC-O and HHC are freely sold directly to consumers.
The Tip of the Spear Piercing the Regulated Cannabis Industry: How Intoxicating Hemp Cannabinoids and the Illicit Market Pose Significant Challenges to the Emerging Industry | Royer Cooper Cohen Braunfeld LLC - JDSupra
Consumer demand and public support for cannabis legalization has led to sweeping reform across the Country. Unfortunately, this appetite combined with a lack of access to regulated marijuana has perpetuated both a robust and unregulated illicit marijuana market, and an unregulated hemp industry where intoxicating hemp-derived cannabinoids like Delta-8 THC, Delta-9 THC, THC-O and HHC are freely sold directly to consumers.
The Wheel is Turning and You Can’t Slow Down: An Update on the Tri-State of Cannabis
The Wheel is Turning and You Can’t Slow Down: An Update on the Tri-State of Cannabis By Neil M. Willner, Co-Chair, Cannabis Practice Group at Royer Cooper Cohen Braunfeld LLC Trying “just a little bit harder” and “just a little bit more” than years past, the Tri-State’s cannabis wheel is churning full speed ahead in 2022.
The Tip of the Spear Piercing the Regulated Cannabis Industry: How Intoxicating Hemp Cannabinoids and the Illicit Market Pose Significant Challenges to the Emerging Industry - Cannabis Business Executive - Cannabis and Marijuana industry news
By Gary S. Kaminsky and Neil M. Willner Consumer demand and public support for cannabis legalization has led to sweeping reform across the Country. Unfortunately, this appetite combined with a lack of access to regulated marijuana has perpetuated both a robust and unregulated illicit marijuana market, and an unregulated hemp industry where intoxicating hemp-derived cannabinoids like Delta-8 THC, Delta-9 THC, THC-O and HHC are freely sold directly to consumers.
Destiny Unbound: New York (Finally!) Passes Recreational Marijuana Legislation
Despite a pandemic, an impeachment investigation, and a $15 billion budget shortfall, New York has finally passed adult-use marijuana legislation. On March 30, 2021, the New York Senate and Assembly passed, with overwhelming support, the Marijuana Regulation and Taxation Act (“MRTA”). Governor Andrew Cuomo promptly signed MRTA into law the next day.
Updates To The NY Empire State Of Cannabis: Cannabinoid Hemp Licenses Go Live And Amendments To Governor's Adult-Use Legislation
United States: Updates To The NY Empire State Of Cannabis: Cannabinoid Hemp Licenses Go Live And Amendments To Governor's Adult-Use Legislation 01 March 2021 Wilson Elser Moskowitz Edelman & Dicker LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In step with all things cannabis, New York is making changes to its proposed legislation and regulations at a fast and furious pace.
Updates to the NY Empire State of Cannabis: Cannabinoid Hemp Licenses Go Live and Amendments to Governor’s Adult-Use Legislation
Thursday, February 25, 2021 In step with all things cannabis, New York is making changes to its proposed legislation and regulations at a fast and furious pace. Earlier this month, the New York Department of Health opened the application process for cannabinoid hemp retailers and cannabinoid hemp processors, building on the groundwork for the country’s most-regulated hemp program.
Updates to the NY Empire State of Cannabis: Cannabinoid Hemp Licenses Go Live and Amendments to Governor’s Adult-Use Legislation
You are here: Home / Policy & Legal / New York / Updates to the NY Empire State of Cannabis: Cannabinoid Hemp Licenses Go Live and Amendments to Governor’s Adult-Use Legislation By Neil M. Willner In step with all things cannabis, New York is making changes to its proposed legislation and regulations at a fast and furious pace.
Third Time's The Charm … Right? Governor Cuomo's New Adult-Use Marijuana Legislation May Finally Push New York Across The Finish Line
United States: Third Time's The Charm … Right? Governor Cuomo's New Adult-Use Marijuana Legislation May Finally Push New York Across The Finish Line 22 January 2021 Wilson Elser Moskowitz Edelman & Dicker LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Don't Let Marijuana's Legal, Regulatory Burdens Burn Through Your Capital
United States: Don't Let Marijuana's Legal, Regulatory Burdens Burn Through Your Capital 02 December 2020 by Ian A. Stewart and Neil M. Willner Wilson Elser Moskowitz Edelman & Dicker LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
New York's Long-Awaited Hemp Cannabinoid Rules May Create A Consumer-Friendly National Model - Cannabis & Hemp - United States
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
New York’s Long-Awaited Hemp Cannabinoid Rules May Create a Consumer-Friendly National Model
Thursday, October 29, 2020 New York has released its long-awaited regulations governing the processing and retail sale of hemp-derived cannabinoid products. The 63-page rule, one of the most forward-looking sets of regulations for hemp-derived products yet created, promotes transparency and consumer protection. Hemp extractors, manufacturers and retailers now will be regulated by the New York State Department of Health (NYSDOH) and not the Department of Agriculture and Markets.
Cannabis and Appellate Law Practices Collaborate to Prepare Amicus Brief to U.S. Supreme Court in Challenge to Marijuana’s Schedule I Status | JD Supra
The National Cannabis Industry Association (NCIA), the largest cannabis trade association in the United States, and The Arcview Group (Arcview), the cannabis industry's oldest and largest investor network, stepped forth as amici before the U.S. Supreme Court in the case of Marvin Washington, et al., Petitioners v. William P. Barr, Attorney General, et al., which seeks to invalidate marijuana's Schedule I status under the Controlled Substances Act (CSA) on constitutional grounds.
Cannabis And Appellate Law Practices Collaborate To Prepare Amicus Brief To U.S. Supreme Court In Challenge To Marijuana's Schedule I Status - Cannabis & Hemp - United States
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
New DEA Rule Creates More Uncertainty for Legality of CBD Extracts | JD Supra
On August 21, 2020, the Drug Enforcement Administration (DEA) published an interim final rule that may have far-reaching consequences for the entire hemp and CBD industry.
New DEA Rule Creates More Uncertainty For Legality Of CBD Extracts
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Medical Marijuana: State And Federal Law Thickets And Practical Implications
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Hemp-Derived THC Products: Legal Or Loophole?
To print this article, all you need is to be registered or login on Mondaq.com. Hemp-derived CBD products have exploded onto the market since Congress removed hemp from the Controlled Substances Act (CSA) in the 2018 Farm Bill. Now, new hemp-derived products are emerging that contain amounts of THC comparable to state-regulated marijuana consumer products, which are still illegal under federal law and highly regulated by states with adult-use and medical cannabis programs.
Designating Access To Cannabis An Essential Service Amid COVID-19 Pandemic
To print this article, all you need is to be registered or login on Mondaq.com. NOTE: The response by governmental entities to Covid-19 is rapidly developing and subject to change at any time without notice. The information within this report is current only through March 19, 2020. Many states and municipalities are considering whether businesses that provide access to cannabis should be designated an "essential service" in the face of the COVID-19 pandemic.
FDA Report Brings Hope For CBD Dietary Supplements
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FDA Report Brings Hope For CBD Dietary Supplements
Law360 (March 16, 2020, 3:25 PM EDT) -- In response to a recent directive from Congress, the U.S. Food and Drug Administration has released a report that describes “the agency's progress toward obtaining and analyzing data to help determine a policy of enforcement discretion and the process in which CBD meeting the definition of hemp will be evaluated for use in products.” The report outlines a variety of actions taken or being considered by the FDA to advance the potential regulatory...
Second Time’s a Charm? Governor Cuomo Introduces New Legislation to Regulate Adult-Use Cannabis in New York State | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Second Time’s a Charm?
Governor Cuomo Introduces New Legislation to Regulate Adult-Use Cannabis in New York State To help close New York’s $6 billion budget gap, Governor Andrew Cuomo introduced legislation that would legalize adult-use cannabis within the state as part of his proposed budget for fiscal year 2021, anticipating that tax revenue could bring in hundreds of millions of dollars over the next several years.
Adult-Use Cannabis
To print this article, all you need is to be registered or login on Mondaq.com. To help close New York's $6 billion budget gap, Governor Andrew Cuomo introduced legislation that would legalize adult-use cannabis within the state as part of his proposed budget for fiscal year 2021, anticipating that tax revenue could bring in hundreds of millions of dollars over the next several years.
Second Time’s a Charm? Governor Cuomo Introduces New Legislation to Regulate Adult-Use Cannabis in New York State
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Missouri Commercial Hemp Farming Update
By Daniel E. Tranen and Neil M. Willner There is a great deal of interest in Missouri regarding the opportunities the state offers in the commercial hemp farming business. Hemp is a burgeoning new cash crop with scores of applications from fabric to “hempcrete” to drywall to biofuel. Of course, hemp also is the source of CBD, which is sweeping the country as a health and wellness ingredient added to a huge variety of consumer products.
Cannabis Coming to the Northeast? Governors of NY, NJ, CT and PA adopt “core principles” to implement adult-use legislation. | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Cannabis Coming to the Northeast? Governors of NY, NJ, CT and PA adopt “core principles” to implement adult-use legislation.
Thursday, October 24, 2019 On October 17, 2019, Governor Cuomo of New York, Governor Lamont of Connecticut, Governor Murphy of New Jersey and Governor Wolf of Pennsylvania co-hosted the first Cannabis Regulation and Vaping Summit to create a set of uniform principles each state can implement through its adult-use legislation to standardize regulations across the region.
Cannabis Coming to the Northeast?
You are here: Home / Policy & Legal / Cannabis Coming to the Northeast? Governors of NY, NJ, CT and PA adopt “core principles” to implement adult-use legislation.
CBD Labeling and Marketing: The Straight Story | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
INSIGHT: Will the DEAâs Marijuana Rulemaking Authority Go Up in Smoke in the Second Circuit?
For decades, marijuana advocates have lobbied the federal government to reschedule marijuana, touting its recognized medical benefits and citing the increasing number of states that have implemented medical marijuana programs. Legalization efforts may now be taking an unexpected detour through the Second Circuit Court of Appeals, which could potentially enter an order that bypasses the legislature and Drug Enforcement Agency (DEA).
The Empire State of Cannabis | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Two Bills and a Ban Shake Up the State of Cannabis in NY
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The Empire State of Cannabis
Marijuana decriminalization is in, adult-use is out, a regulated hemp-derived CBD marketplace is in limbo, and NYC begins CBD-ban. For New York’s cannabis industry, 2019 began with a bang and ended with a whimper. In January, Governor Cuomo announced that legalizing marijuana and creating a regulated adult-use marketplace was a top legislative priority. Indeed, Governor Cuomo included an omnibus marijuana bill as part of his proposed budget.
California Poised to Remove Prohibition on Hemp-Derived CBD in Foods and Supplements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FDA Updates Guidance for CBD Products amid a New Round of Warning Letters and Announcement of Date for Public Hearing | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Medical cannabis in New York | Lexology
Use the Lexology Getting the Deal Through tool to compare the answers in this article with those from other jurisdictions. Medical cannabis Medical use Which medical conditions qualify for treatment with cannabis products? What other rules and restrictions govern medical use of cannabis (eg, dosage limits)? Only severe, debilitating or life-threatening conditions qualify for treatment with cannabis products.
Cannabusiness in New York | Lexology
Use the Lexology Getting the Deal Through tool to compare the answers in this article with those from other jurisdictions. Market snapshot Trends and prospects How would you describe the current state of the cannabis industry in your jurisdiction, including areas of growth, market prospects and trends, and M&A activity? With the prospect of adult-use legislation on the horizon in 2019, New York is gearing up to become the cannabis capital of the United States.
Market Confusion on CBD and Hemp; FDA Commissioner Resigns amid Congressional Pressure for Federal Guidance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Market Confusion on CBD and Hemp; FDA Commissioner Resigns amid Congressional Pressure for Federal Guidance
Thursday, March 7, 2019 The Commissioner of the Food and Drug Administration (FDA), Scott Gottlieb M.D., who has received high marks for his leadership of the agency since May 2017, announced his resignation on March 5, 2019, stating that he wants to spend more time with his family. Gottlieb’s resignation came only days following his testimony before the House Appropriations Committee regarding the FDA’s regulatory plans for CBD (cannabidiol).
New York City Bans CBD from Bars and Restaurants | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Cuomo Introduces Adult-Use Cannabis Legislation in New York | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Cuomo Introduces Adult-Use Cannabis Legislation in New York
Friday, January 18, 2019 Overhauling the State’s Medical Marijuana and Industrial Hemp Markets along the Way As part of his $170 million budget proposal for fiscal year 2020, Governor Andrew Cuomo revealed his plan to legalize and regulate adult-use cannabis. The decision to include adult-use legislation in the budget signals his intent to legalize recreational marijuana within the coming months.
FDA Updates Its Position on CBD upon Signing of Farm Bill | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FDA Updates Its Position on CBD upon Signing of Farm Bill
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