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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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.