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Enforcement or Compliance

Canna Law Blog

This is all very bad and we collectively need to figure out how to get people to comply with state law rather than penalizing everything. The issue of enforcement or compliance is probably the biggest one most states face at the policy level. compliance tradeoff. This left enforcement to state regulators.

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Update: DOJ and SAFE Banking Act

Canna Law Blog

The DOJ’s first beef then is that the bill would technically immunize from prosecution cannabis businesses or providers that fall into certain legal classifications under the Act, rather than examining the types of legal or illegal activities in which those entities are engaged. Given that fact, the memo starts out by saying that.

Banking 81
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Illinois gives guidance for Cannabis Loan Funds

Illinois News Joint

The guidance states, “Cannabis Loan Funds shall be used for ordinary and necessary expenses to start and operate a cannabis business.” All uses of the proceeds must be necessary for the Illinois business, supported by adequate proof of obligation and expenditure, and comply with all requirements of the loan program.

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TCPA Litigation: An Update

Canna Law Blog

And, there is definitely an uptick in claims under state laws that mirror the restrictions of the TCPA. For example, we’re aware of several cases filed in Florida under the Florida Telephone Solicitation Act that did not include the ATDS requirement, and allows for statutory damages under state law.

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The Deduction of Cannabis Business Expenses Following New York’s 2023 Budget

Cannabis Law Report

Although the Budget includes the usual categories of expenditures we have come to expect from Albany, it also introduces certain tax-related measures, some of which are certain to be welcomed by the general business community, and a few that may be meaningful to certain industries. Challenges.

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The Supreme Court Puts a Halt to a Commandeering Congress

MJ Business Attorneys

For starters, this case clarifies that the federal government can neither force the states to enforce federal marijuana policy, nor can they prohibit the states from implementing or revising their own marijuana policies. Murphy holds that state-law repeals are not pre-emptible.

Policy 100
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A Look Back at California Cannabis in 2022

Canna Law Blog

The year 2022 was a busy one for the California cannabis industry, with everything from tax reform to the beginning of enforcement. 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.