Our attorneys have written extensively on the constantly evolving cannabis industry both at the state and federal level. With a new article nearly every month, a variety of our thought leadership published in Thomson Reuters, the New York Law Journal, and Law 360 details the latest updates and forecasts what businesses can expect in this hot industry.

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May 2024Alex Malyshev and Sarah Ganley analyze the DEA’s move to reschedule Cannabis to Schedule III of the Controlled Substances Act
In their latest for Westlaw Today and Thomson Reuters, Alex Malyshev and Sarah Ganley analyze the legal and policy considerations of the Drug Enforcement Administration’s move to reschedule Cannabis to Schedule III of the Controlled Substances Act. Alex and Sarah take a look at the rescheduling process and the impact the DEA’s move may have in the short term.
January
2024		In Thomson Reuters, Alex Malyshev and Sarah Ganley Explore the Cannabis Market’s Evolution in 2023 and Anticipate Trends for 2024
In Thomson Reuters, Alex and Sarah analyze the state of play in the Cannabis industry in 2023, and what to expect in 2024.  Among other things, Alex and Sarah discuss the Biden Administration’s attempts to use the executive branch to bring about reform, continuing efforts in Congress to bring reform, and the continuing push at the state level to move the recreational cannabis industry online. 
December
2023		Looking Ahead to New York Cannabis in 2024: Is ‘Fiore’ Truly in the Rearview Mirror?
Alex Malyshev explores New York’s endeavors to create a regulated adult-use cannabis market, addressing obstacles, policy decisions, legal complexities, recent resolutions facilitating the market’s progress in 2024 and potential challenges and unresolved issues that loom on the horizon.
November 2023Writing for Thomson Reuters, Alex Malyshev and Sarah Ganley Survey the Latest Challenge to Cannabis Prohibition | Reuters
Alex and Sarah’s latest for Reuters details the pressure from economic headwinds facing the industry, and how the largest cannabis companies — known as multi-state operators or “MSOs” — appear to be embracing litigation as a viable alternative strategy for federal cannabis reform.
September 2023Writing for Thomson Reuters, Alex Malyshev and Sarah Ganley Consider What Rescheduling to Schedule III Would Mean for the Cannabis Industry | Reuters
Alex Malyshev and Sarah H. Ganley’s article explores what it means to be on Schedule I, and what a reclassification to Schedule III would mean for the industry. If a reclassification occurs, it will represent the biggest change in federal cannabis policy in 40 years.
August 2023Alex Malyshev Provides Insight into NYC’s Crackdown on Illegal Cannabis Sales in Law360 Feature | LAW360 (subscription required)
Alex Malyshev was featured in Law360‘s coverage of NYC’s efforts to target landlords in the fight against illegal pot sales, as the city’s fight with the grey cannabis market continues.
July 2023Writing for Thomson Reuters, Alex Malyshev and Jonathan Trafimow Take Stock of Employee Cannabis Use in New York | Reuters
In Thomson Reuters, Alex Malyshev and Jonathan Trafimow’s article explores employment law protections provided to cannabis users, and explains how new york law mediates the competing interests against employers who may not be high on the idea of a pot-infused workplace.
June 2023Making Sense of New York’s Revised Proposed Recreational Cannabis Regulations | New York Law Journal
Alex Malyshev details the rocky rollout of the Marijuana Regulation and Taxation Act (MRTA), and the proposed regulations that remain a work in progress, as it appears that New York is finally inching its way towards a wider adult-use industry.
May 2023Writing for Thomson Reuters, Alex Malyshev and Sarah Ganley Analyze Recent Cannabis Litigations in 2023 | Reuters
Alex Malyshev and Sarah Ganley analyze cannabis litigations in states that have recently legalized adult-use cannabis, following up on their 2022 article that analyzed civil litigations in states where cannabis had already been legalized. 
March 2023New York’s Social Equity Program Under Fire Again – This Time From Its Own Medical Marijuana Licensees | New York Law Journal
New York’s ambitious social equity focused recreational cannabis has faced its fair share of challenges, and, if the latest lawsuit by the “Coalition for Access to Regulated & Safe Cannabis” (“CARSC”) is any indication, the hits will just keep on coming.
March 2023Alex Malyshev and Melinda Fellner Discuss the Intersection of Tax and Cannabis in New Video Series – Part V: Controversy | Video Series
This series offers a perspective on tax policy and specific statutes affecting cannabis businesses today. In Part IV, Alex and Melinda discuss tax planning controversy for cannabis businesses.
March 2023Alex Malyshev and Melinda Fellner Discuss the Intersection of Tax and Cannabis in New Video Series – Part IV: Harborside | Video Series
This series offers a perspective on tax policy and specific statutes affecting cannabis businesses today. In Part IV, Alex and Melinda discuss the Harborside case and its tax planning implications.
February 2023Alex Malyshev and Melinda Fellner Discuss the Intersection of Tax and Cannabis in New Video Series – Part III: State Level Taxes | Video Series
This series offers a perspective on tax policy and specific statutes affecting cannabis businesses today. In Part III, Alex and Melinda discuss State Level Taxes.
February 2023Alex Malyshev and Melinda Fellner Discuss the Intersection of Tax and Cannabis in New Video Series – Part II: U.S. Code § 280E | Video Series
This series offers a perspective on tax policy and specific statutes affecting cannabis businesses today. In Part II, Alex and Melinda discuss U.S. Code § 280E.
February 2023New York City Brings the Hammer Down on Landlords Supporting the Gray Cannabis Market | Client Advisory
The Manhattan DA’s Office mailed more than 400 letters to known gray-market smoke shops, warning them that the city was prepared to use the Real Property Actions and Proceedings Law (“RPAPL”) to force their landlords to evict them. Our update from our January Law360 article.
February 2023In New Video Series, Alex Malyshev and Melinda Fellner Discuss the Intersection of Tax and Cannabis – Part I: Planning | Video Series
This series offers a perspective on tax policy and specific statutes affecting cannabis businesses today. In Part I, Alex and Melinda discuss tax planning for cannabis businesses.
January 2023Minimizing Landlord Exposure To NY’s Gray Cannabis Market | Law360
Alex Malyshev, Paul Proulx and Louie Ayash discuss the responsibility of landlords in the widespread gray cannabis market in New York, and provide best practices for property owners and managers in protecting themselves from liability.
January 2023Cannabis industry looks ahead to 2023 after facing challenges in 2022 | Reuters
Alex Malyshev and Sarah Ganley recap some key developments in the cannabis industry, discuss steps in states and the federal government toward legalization and reform, and what to expect in 2023.
December 2022New York’s Rollout of Its Adult-Use Cannabis Program Hits Another Snag | New York Law Journal
In the New York Law Journal, Alex Malyshev writes about the collision of New York’s social equity approach to cannabis legalization and the dormant commerce clause of the U.S. Constitution.
November 2022Opening Pandora’s box: what rescheduling cannabis would mean for the industry | Reuters
On the heels of President Biden’s announcement that he was asking the Secretary of Health and Human Services and the Attorney General to “expeditiously” review the scheduling of cannabis under federal law, Alex Malyshev and Sarah Ganley consider what the rescheduling of cannabis, from Schedule I to Schedule II, might mean for the industry.
October 2022State of Play: New York’s Recreational Cannabis Market in 2022 | New York Law Journal
Alex Malyshev discusses New York on the verge of opening a limited number of recreational dispensaries, with social equity applicants at the forefront, followed by expected competition from better capitalized dispensary owners.
September 2022Constitutional considerations for a federally illegal cannabis industry | Reuters
Alex Malyshev and Sarah Ganley discuss the collision of federal illegality and constitutional rights, and their effect on the business of cannabis.
July 2022Code §280E Planning Observations: ‘Harborside’ Case Hinges on Definition of ‘Consists of’ | New York Law Journal
Melinda Fellner contends that cannabis related businesses should take note of an interesting U.S. Tax Court case affecting their industry.  ‘Harborside’ provides some insight into structuring cannabis-related businesses with a view to deduction of business expenses.
July 2022Emerging trends in cannabis litigation | Reuters
Alex Malyshev, Sarah Ganley and Jodutt Basrawi take a deeper dive into cannabis-related litigations filed within the first half of 2022, and examine litigation trends to determine the kinds of cases we are likely to see more of as the industry matures.
May 2022One year later: adult use legalization in the Northeast | Reuters
Alex Malyshev and Sarah Ganley survey the current landscape of adult use cannabis in New York, New Jersey and Connecticut.
March 2022New York’s Attempts To Jump Start The Adult-Use Cannabis Industry Through Social Equity | New York Law Journal
Alex Malyshev and Guy Ben-Ami explore New York’s “Seeding Opportunity Initiative,” which would prioritize entrepreneurs previously convicted of marijuana related offenses for dispensary licenses in 2022, allow certain hemp growers to cultivate cannabis, and provide support for these entrepreneurs.