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North Star Law Group PLLC
1295 Bandana Blvd. N
Suite 335
St. Paul, MN 55108
(651) 330-9678

For Clients

Will we see a first license round this summer?!

Home|Newsletter|Will we see a first license ro…
February 9th, 2024

Note from Jen Randolph Reise

Filling you in on what I know about lots of rumors & possibilities in this week's newsletter, inc.:

  • In MN, the recommendation by OCM for a social equity applicant round as soon as this summer!
  • Status of rescheduling at the federal level?

And, I have lots of upcoming events to flag for you, including a webinar I am doing with Morem & Waller on capital raising in the cannabis industry on 2-28, and there will be THREE cannabis conferences in Minnesota in April! North Star Cannabis Law will be there.

Jen

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First License Round This Summer?

Minnesota's Office of Cannabis Management ("MN-OCM") has recommended to the legislature that it conduct an early round of licensing for social equity applicants only. Winning applications would be chosen by lottery, in an attempt to avoid the long post-licensing litigation seen in many states. OCM said they hope to open this round as soon as this summer!

Jen's take: At this point, this is only a proposal - the Minnesota Legislature would need to approve the change in their session that starts next week, and many details remain to be fleshed out. But it is a hopeful opportunity for many of our clients, and would provide a significant first-to-market advantage for successful applicants.

Here is the Star Tribune story about OCM's announcement (gift link - no paywall) (this also links to the January reports from OCM, which are worth a read as well)

The Star Tribune also reported today that Sen. Lindsey Port will introduce a bill supporting OCM's proposals, which is good news! Also of note from that article, [Rep. Zach]"Stephenson said he also expects to discuss insurance issues for cannabis businesses and a five-hour rule that seems to tell breweries and bars they can't serve a customer alcohol and THC beverages in the same night."

Other MN-OCM Updates

Implementation Update Webinar

On Tuesday, Jan. 30 5pm-6pm CST, MN-OCM hosted a virtual information session to give updates on work, rulemaking, community outreach, and more. They discussed the information in the two January OCM reports and introduced some of the OCM staff that have been hired.

A recording of this session can be found: HERE

The accompanying Slide Deck can be found: HERE

Our friends at the Minnesota Cannabis College created a summary on YouTube: HERE

Surveys for Public Input

CURRENT SURVEY:

Laboratory standards and edible products standards. Deadline to provide input is Feb. 11.

Next Survey:

Available Feb. 12-26: Medical cannabis; patient registry program

Take the OCM Survey Here
 

Just Announced:
Webinar: Creative Capital-Raising in the Cannabis Industry

We are excited to announce this webinar North Star is doing with Morem & Waller (an excellent cannabis accounting firm in town). Free and online!

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Sign Up for Capital-Raising Webinar
 

National Cannabis News?

We are hearing rumors that the long-awaited national rescheduling announcement may come out soon!

As a reminder, cannabis has been classified as a Schedule 1 drug under the federal Controlled Substances Act, the most highly controlled level. The Biden Administration initiated a scheduling review and the FDA and DEA are jockeying for position.

The best result we can reasonably expect at this time is a prompt rescheduling to Schedule III. Big picture, that would fix the 280E tax problem for licensed cannabis businesses! It could also help banking issues, making banks more comfortable with doing things we need like credit card processing (maybe?!), lending, etc.

It is also possible that cannabis would be rescheduled to Schedule II, which would NOT fix the 280E issue.

Separately, I have also heard rumors that some version of the SAFE Banking bill might have a chance in Congress this year. That bill would definitely help with the banking and tax situation, if passed.

Finally, I agree 100% with the advocates who argue that cannabis should be DE-scheduled from the Controlled Substances Act (like alcohol). That will be a future fight.

If you want to learn more, here's a good article from Marijuana Moment yesterday: Congressman Demands Answers From DEA On Marijuana Rescheduling Review - Marijuana Moment

-Jen

 

Compliance Reminders for 2024

1. File Your Business’s Annual Renewal with the Minnesota Secretary of State

All Minnesota LLCs and other entity forms, as well as Certificates of Assumed Name, must complete a (free) Annual Renewal in every calendar year after formation. Your entity will be “statutorily dissolved” (no longer be recognized as existing in Minnesota) if you fail to file your annual renewal.

This is a great time to do both 2023 (if you didn’t do it) and 2024 and get them done!

Steps to file your annual renewal can be found HERE.

1. File Your Business’s Annual Renewal with the Minnesota Secretary of State

All Minnesota LLCs and other entity forms, as well as Certificates of Assumed Name, must complete a (free) Annual Renewal in every calendar year after formation. Your entity will be “statutorily dissolved” (no longer be recognized as existing in Minnesota) if you fail to file your annual renewal.

This is a great time to do both 2023 (if you didn’t do it) and 2024 and get them done!

Steps to file your annual renewal can be found HERE.

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2. Update Company Policies to be Compliant with Minnesota’s New Sick and Safe Time Requirements

Effective Jan. 1, 2024, Minnesota’s earned sick and safe time law requires employers to provide paid leave to employees who work in the state. Generally, all employers will need to give employees notice of the new law and update their employee handbook, and employers who do not offer unlimited PTO will need to ensure that their PTO arrangements meet the new minimum standards, and update their PTO/payroll tracking system.

Resources including basic information, employee notice, workplace posters, and video overviews can be found HERE.

Our full alert about Minnesota’s earned sick and safe time law can be found HERE.

3. If Applicable, Confirm Your Hemp-Derived Business is Registered with the Minnesota Department of Health

If you sell hemp-derived cannabinoid products to the public in Minnesota, you must register with the Minnesota Department of Health (if you have not already done so. At this point this is a one-time filing). The form to register your hemp-derived cannabinoid business can be found HERE.

If you are unsure whether your hemp-derived cannabinoid business is registered, you can check by either using the map or downloading the Excel file which can be found HERE.

4. Review Governing Documents

We strongly advise our clients to enter into an Operating Agreement for all multi-member LLCs and other forms of entity with more than one owner. An Operating Agreement provides how the owners will make decisions and what happens if one of the owners dies or wants to leave. It also clearly sets out the percentages in which the owners own the company, generally in the back on Exhibit A.

If you have an Operating Agreement, consider whether you need to amend it (e.g. to reflect new partners, a changed business model, etc.)

And if you don’t have an Operating Agreement yet, please contact us to get one started. Generally you will need it to open a bank account and for licensing, as well as peace of mind on having these important matters documented.

 

Upcoming Events

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Modist x Minnesota Cannabis College Release Party
Buy Tickets to The Science of Super Soil Event
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Home Growers Meetup Info
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Grow at Home Boot Camp
 
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Get Your Canna Connect 4 Tickets
 
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Register for the MN Cannabis Conference & Expo
 

Lucky Leaf Expo 2024

North Star Law Group is a Silver Sponsor of the Lucky Leaf Expo

The Lucky Leaf Expo is a national convention coming to Minnesota in April 2024.

More information available at this link.

 

Northern Lights Podcast

This weeks Minnesota Cannabis College podcast features Calandra Revering, focusing on Black History Month and Black Cannabis Entrepreneurs. Click the Spotify link below to tune in.

Spotify
 

Do you want your question answered in our next newsletter?

Send us your questions Here!

 

Ready to schedule time with us? Contact North Star Cannabis Law at 651-330-9678 to set up a free initial consultation.

 
 
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Company Address

413 Wacouta Street, Suite 550 Saint Paul, MN 55101

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Phone

651.330.9678

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Website

www.NorthStarLaw.com

 

Nothing in the above newsletter should be construed as actionable legal advice. Please consult with your attorney 1:1 for personalized advice on your legal issues.

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