Expert weighs in on key cannabis litigation to watch and the future of the industry

Cannabis is a hot topic across the nation as states continue to roll out the regulatory landscape for recreational programs. The litigation going on in New York will likely impact the entire cannabis industry, according to Patrick Hines, partner and leader of the cannabis and hemp group at Hodgson Russ LLP. So far, the licensing process has been complicated with many starts and stops. 

In this episode of the Thought Leaders in Law and Business podcast, presented by Hodgson Russ and The Business Journals, Buffalo Business First Publisher John Tebeau interviews Hines on where cannabis stands in New York, how the state got where it is today and the recent progress they’ve made. 

Hines knows first-hand how complex complying with these regulations can be. He advises clients on a range of issues affecting the cultivation, processing, distribution and sale of cannabis and hemp products. Hines provides counsel to businesses seeking to operate or do any kind of business in the cannabis industry. 

“All hemp is cannabis, but not all cannabis is hemp,” Hines said. “Hemp is not defined necessarily by being a separate species of plants. It's defined in the law by how much THC it has in it, specifically Delta-9 — tetrahydrocannabinol. If that's 0.3% or lower by dry weight, then it's hemp. If it's higher, then legally it's non-hemp cannabis and would still be a controlled substance as far as the federal government's concerned.”

Listen to this episode to learn more about: 

• Why it’s been difficult to create regulations around commercial production and cannabis sales since the Marijuana Regulation and Taxation Act (MRTA) was passed in New York in 2021.
• The different types of licenses that have been issued so far and why they’re limited.  
• Key litigation to watch, including allegations the Conditional Adult Use Retail Dispensary (CAURD) program is unconstitutional. 
• The chances the federal government will legalize cannabis.
• How the Farm Bill presents an opportunity to further liberalize cannabis regulations in 2023. 

Learn more about Hodgson Russ at hodgsonruss.com.

This podcast does not provide legal advice.