Canna Law Blog

DECEMBER 22, 2019

The Agriculture Improvement Act of 2018 (“ 2018 Farm Bill ”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. 2-501 et seq.), ” NE St. § ” NE St. §

Hemp 67

Hemp CBD Agriculture Cultivation 67

Connor & Connor PLLC

AUGUST 30, 2018

However, marijuana remains illegal under Federal law, and this creates an uncertain landscape for marijuana businesses in the preparation of their Federal income tax returns and in handling an IRS audit. In addition, marijuana businesses must be aware of cash handling issues. See specifically IRC Section 162.

Business 49

Business Marijuana Banking Collective 49

MJ Business Attorneys

MAY 29, 2018

On May 14, 2018, the Supreme Court chose to revive American Federalism when a seven-member majority of the Court held the Professional and Amateur Sports Protection Act of 1992 (PASPA) to be unconstitutional. Murphy holds that state-law repeals are not pre-emptible. The case, Murphy v. NCAA, et al.,

Policy 100

Policy State Laws DEA Legislation 100

Canna Law Blog

JANUARY 6, 2023

The year 2022 was a busy one for the California cannabis industry, with everything from tax reform to the beginning of enforcement. The California Department of Tax and Fee Administration ( CDTFA ) is the California cannabis agency that oversees state-level cannabis taxation. California hints at enforcement?

Collective 74

Collective Hemp Cannabis Programs 74

Project CBD

AUGUST 23, 2023

Solicited by a formal Congressional Request for Information (RFI) on ideas for how to regulate hemp-derived CBD, public feedback included a diverse range of perspectives from businesses, trade associations, and other stakeholders. Moreover, several states have been stymied by the conflicting messages from the federal government.

Cannabinoids 141

Cannabinoids Hemp THC Safety 141

Canna Law Blog

DECEMBER 5, 2019

Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with state law. That has made it very difficult for many hemp and hemp-derived CBD (“Hemp-CBD”) businesses to access bank accounts.

Banking 64

Banking Hemp Compliance Compliance 64

Canna Law Blog

JULY 7, 2020

Last week, the Financial Crimes Enforcement Network (FinCEN), issued new guidance (the “FinCEN Guidance”) for financial institutions working with hemp-related businesses. Readers of this blog know that the 2018 Farm Bill does not take away the FDA’s ability to regulate hemp products, including hemp-CBD.

Banking 54

Banking Hemp Compliance Compliance 54

The Blunt Truth

JULY 18, 2023

THE CSA IS A HURDLE TO REGISTRATION The National Concessions Group (“NCG”) applied to register two of its trademarks: BAKKED and the design mark (collectively the “Marks”) with the United States Patent and Trademark Office (“USPTO”) for use with “essential oil dispenser[s] sold empty, for domestic use.” In re Nat’l Concessions Grp.,

Oil 98

Oil Hemp Cannabis Extraction 98

Cannabis Law Report

DECEMBER 17, 2019

State Question 806 , filed on Dec. 12, would add an amendment to the Constitution, which would generally legalize, regulate and tax marijuana for people aged 21 and older under state law. It provides for local zoning of businesses and permits municipalities, upon popular vote, to limit or prohibit retail licenses.

Recreational 64

Recreational Legalization Marijuana Collective 64

Cannabis Law Report

NOVEMBER 29, 2021

StateHouse will have a unique ability to navigate the operating challenges in the state and capitalize on the combined potential of the businesses we are acquiring. Mr. Ravner added: “We are excited about the potential for this business combination. billion by 2025[3]. 3 ArcView 8 th Edition estimate.

Business 52

Business Retail Cultivation Cannabis 52

Canna Law Blog

NOVEMBER 13, 2021

215, I was recently interviewed on KCRW to give my take on how California (and specifically the City of Los Angeles) has done when it comes to legalizing and licensing cannabis businesses. 215 opened the door for a collective model (i.e., of cannabis businesses, but that’s not actually true in practice. 64 and MAUCRSA.

Compliance 76

Compliance Compliance Programs Collective 76

Cannabis Law Report

OCTOBER 22, 2019

Since the cannabis industry operates exclusively within individual states and is prohibited from transacting across state lines, multistate tax-nexus issues have not to date been a primary concern. The physical connection standard requires a seller to have physical activities in a state (e.g., Before Wayfair. After Wayfair.

Collective 40

Collective Hemp Retail CBD 40

Cannabis Law Report

JULY 16, 2019

UNITED STATES TAX COURT PATIENTS MUTUAL ASSISTANCE COLLECTIVE CORPORATION d.b.a. It’s fueling the underground market for weed and reducing the tax revenues the federal government should collect. As a result, the effective federal tax rate for legal cannabis businesses can reach 70% to 90%. Harborside Beats Penalties.

Dispensary 40

Dispensary Collective Business Legalization 40

The Joint Blog

MAY 22, 2019

The Associated Press is reporting that California is quickly moving forward with a plan to establish a system of banks to work with the marijuana industry which is legal under state law, but illegal under federal law. Marijuana has been legal in California since January 2018, but it’s still illegal under federal law.

Banking 50

Banking Marijuana Retail Collective 50

Marijuana Lawyer Blog

JANUARY 30, 2019

Those fears were confirmed when Sessions formally rolled back the Cole Memo, a federal directive under the Obama administration not to pursue criminal actions or civil forfeiture against marijuana businesses that were abiding state law. 28, 2018, By German Lopez, Vox. Controlled Substances Act. Call us at 714-937-2050.

State Laws 40

State Laws Policy Decriminalization Marijuana 40

Cannabis Law Report

NOVEMBER 4, 2019

PUBLISHER: CANNABIS LAW REPORT. The recent Tax Court decision in Northern California Small Business Assistants Inc. We are constrained by the law, and Congress has not carved out an exception in IRC Sec.280E 280E for businesses that operate lawfully under State law. AUTHOR: aBIZinaBOX Inc.

Dispensary 45

Dispensary Packaging Collective Seed-To-Sale 45

Cannabis Law Report

DECEMBER 1, 2019

Despite legalization in the majority of states, however, federal law (i.e., the Controlled Substances Act of 1970) does not allow any trade or business in trafficking either medical or recreational marijuana. This conflict between federal and state law has raised concerns among CPAs providing services to the marijuana industry.

Marijuana 59

Marijuana Business State Laws DEA 59

Marijuana Lawyer Blog

NOVEMBER 19, 2018

However, almost nowhere in the Golden State can new marijuana business owners say it’s been an easy road. 64, which opened the doors to recreational marijuana, imparted a significant amount of power and discretion to local jurisdictions to decide the type and volume of marijuana businesses that would be allowable.

Dispensary 40

Dispensary Business Marijuana Recreational 40

Cannabis Law Report

FEBRUARY 25, 2019

The California Business and Professions Code, in section 26001(c), defines a cannabis license “applicant” as “an owner applying for a state license pursuant to this division.” We wrote a follow-up letter in June 2018 [2]. We wrote a letter to the California Attorney the General Counsel for each of the Regulators.

Collective 40

Collective Safety Business State Laws 40

Cannabis Law Report

FEBRUARY 4, 2019

You cannot move your marijuana business without prior approval from the WSLCB. As soon as you know you plan to move to a new location, apply for a change of location through Business Licensing Services, here. The policy only applies to approved owners who are investing their own personal money into the business.

Topical 65

Topical Packaging Retail Legislation 65

Cannabis Law Report

SEPTEMBER 24, 2019

According to a press release issued by the House Committee on Financial Services on March 26, 2019, committee chairwoman, Representative Maxine Waters (D-CA), remarked, the SAFE Banking Act “addresses an urgent public safety concern for legitimate businesses that currently have no recourse but to operate with just cash.”

Banking 40

Banking Law Compliance Compliance 40

Greenspoon Marder Cannabis Law Group Blog

JUNE 25, 2021

businesses establishing operations outside the United States, and inbound investment, that is, foreign investors establishing U.S. tax considerations can apply to the extent that (i) operations are conducted within the United States (whether such business entities are owned by U.S. This article will discuss the U.S.

Business 72

Business Cannabis Seed-To-Sale Law 72

Cannabis Law Report

AUGUST 24, 2019

What growth and setbacks are happening in our current state program, and ultimately, on the national front? On September 10, 2018, Katerina Eva Matsa and Elisha Shearer published a Pew Research Center viewpoint on use of social media News Use Across Social Media Platforms 2018. SOCIAL MEDIA: The measurable growth?

Banking 49

Banking Marijuana Media Patients 49

Marijuana Lawyer Blog

OCTOBER 31, 2018

Most of our California cannabis business clients have some type of intellectual property, most often in the form of a brand name they are seeking to protect and capitalize on. Legalization has meant cannabis business intellectual property become more closely guarded and legally protected. Patent and Trademark Office – is federal.

Business 40

Business Cannabis Marijuana Legalization 40

Cannabis Law Report

AUGUST 30, 2019

This week: The National Credit Union Administration affirms that credit unions may provide financial services to hemp businesses. Since the passage of the 2018 Farm Bill, industrial hemp production has increased by 368 percent among US farmers as demand for CBP products has drastically risen. The SAFE Banking Act (H.R.

Banking 45

Banking Research and Development Legislation Programs 45

Cannabis Law Report

DECEMBER 23, 2019

The City was also attempting to deal with “the golden handcuffs issue” – whereby under the current ordinance, social equity operators are required to stay in their business or sell to another social equity qualified owner indefinitely. The End of the Collective Era. May 2019 – LA released Final Ordinances. .

Law 59

Law Banking Hemp Retail 59

The Blunt Truth

AUGUST 13, 2019

Since the passage of the Farm Bill in December of 2018 , there has been a marked uptick in interest in the cannabidiol (CBD) space from businesses and users alike. Other CBD products, however, are still subject to various state law regulations as well as the U.S. The FDA is collecting data to fill these gaps.

CBD 80

CBD Food Seed-To-Sale Wellness and Beauty 80

Marijuana Lawyer Blog

MARCH 25, 2019

Los Angeles CBD lawyers can explain that overlapping federal and state laws have created substantial confusion among restauranteers about what’s legal and what’s not. California and Federal Laws on CBD in Food and Drink Products. CBD was removed from the list of Schedule I narcotics by the U.S.

Food 40

Food CBD Pets Hemp 40

Canna Law Blog

APRIL 26, 2019

Any issue not addressed in the lease will be governed by state law. State law tends to be very protective of tenants in residential leases, but provides little protection to commercial tenants. Accordingly, state law governs the notice and cure process, which is bad for tenants, especially in the cannabis industry.

Access 62

Access State Laws Cannabis Law 62

Cannabis Law Report

MAY 29, 2019

In September 2018, a federal court in Connecticut found that an employer’s refusal to hire an employee with a prescription for medical cannabis constituted a violation of that state’s Palliative Use of Marijuana Act, notwithstanding the fact that the employer was required to maintain a drug-free workplace under the DFWA.

Law 40

Law Policy Legislation Conditions 40

Cannabis Law Report

MAY 26, 2022

Instead, adult-use dispensaries in the state are proving the system works by checking IDs as required by state law. The Washington State Liquor and Cannabis Board (2018) reported that 92% of 2,664 underage compliance checks conducted in the state between 2015 and 2018 resulted in the sales being denied.

Dispensary 52

Dispensary Research and Development Safety Recreational 52

Cannabis Law Report

OCTOBER 24, 2019

Tax Court has issued a final decision under Tax Court Rule 155 on the income tax deficiency for Patients Mutual Assistance Collective Corporation (“PMACC”), the Company’s 100% owned subsidiary and owner of the iconic Harborside Oakland cannabis dispensary. million for the fiscal years 2007 through 2012. . 1] 151 TC 11. [2]

Dispensary 45

Dispensary Packaging Cannabis Retail 45

Canna Law Blog

MAY 7, 2019

As everyone knows by now the 2018 Farm Bill legalized hemp production by de-scheduling the crop under the Controlled Substance Act. An agricultural production contract is a complex creature typically governed by state law including the Uniform Commercial Code.

Agriculture 71

Agriculture Hemp Supply Chain CBD 71

Cannabis Law Report

DECEMBER 22, 2019

But in 2018, marijuana legalization has emerged as the platform to raise environmental standards of California’s most infamous green industry. And while processors, cultivators and dispensaries are disposing of waste correctly per state laws, much of that waste just ends up in landfills.” SUSTAINABILITY SOLUTIONS IN 2019.

Packaging 59

Packaging Cannabis Cultivation Agriculture 59

Cannabis Law Report

NOVEMBER 15, 2021

ROSE becomes the Québec operational unit of Village Farms’ Canadian cannabis business segment, with ROSE’s headquarters and the existing team remaining in Québec. As part of the outstanding family of cannabis businesses within Village Farms, we are even better positioned to continue playing this leading role in the Québec landscape.”.

Agriculture 52

Agriculture Events Retail Environment 52

Cannabis Law Report

AUGUST 8, 2019

businesses with regards to cannabis-related activity and significant discrepancy in opinion within the U.K. Medical use of cannabis when prescribed by a registered specialist doctor was legalised in November 2018. the sale of shares or assets and collection of dividends outside the U.K. There is very little guidance for U.K.

Legalization 40

Legalization Banking Compliance Compliance 40

The Blunt Truth

OCTOBER 29, 2019

The 2018 Farm Bill, which federally legalized hemp (formerly a Schedule I drug like its close cousin, marijuana), opened the gates for mass hemp production—well, almost. Alternatively, the rule establishes a Federal plan for producers in States or territories of Indian tribes that do not have their own USDA-approved plan.

Hemp 45

Hemp Legislation CBD Research and Development 45