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A Look Back at California Cannabis in 2022

Canna Law Blog

It’s hard to read the tea leaves in a lot of cases – inspections can be a prelude to enforcement, but they can also be a way for the agencies to spur compliance without clogging up the court system. Under state law, CDTFA collected both a cultivation tax and an excise tax. inhalable v.

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The Supreme Court Puts a Halt to a Commandeering Congress

MJ Business Attorneys

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.,

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ICYMI: The New FinCEN Hemp Banking Guidance

Canna Law Blog

Last December, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, FinCEN and the Office of the Comptroller of the Currency, in consultation with the Conference of State Bank Supervisors, issued a three-page hemp banking statement. The FinCEN Guidance clarifies and expands upon the 2019 statement.

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Federal Agencies Provide New Guidance for Hemp Banking

Canna Law Blog

Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with state law. The 2018 Farm Bill only regulates hemp production, and does not really discuss hemp processing or the sale of Hemp-CBD goods.

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Looking Back on 25 Years of California Cannabis: Growing Pains (STILL) Persist

Canna Law Blog

215 opened the door for a collective model (i.e., With the passage of SB 420 , this collective system was formalized and, with the advent of the 2008 Guidelines issued by the State Attorney General’s Office, more details around “compliance” and best practices were provided; but it was nothing like we have today under Prop.

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BREAKING: USDA Releases Hemp Rules

Canna Law Blog

This is a major step in the full implementation of the 2018 Farm Bill. State and Tribal Plans. The 2018 Farm Bill requires states and Indian Tribes to submit hemp cultivation plans to the USDA. Today, the U.S. Department of Agriculture (“USDA”) released its interim hemp rules. Because 0.3% Because 0.3%

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Harborside & Nor Cal Opinions. Dispensaries, Don’t Despair. There Are Solutions

Cannabis Law Report

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. These opinions create an opportunity for a cannabis dispensary to exclude from gross revenue a substantial portion of the money collected from cannabis consumers.