Canna Law Blog

JUNE 11, 2022

One of the most important decisions a new cannabis business can make is the form of entity it will use. In fact, one of the first questions businesses ask is whether the right entity for a cannabis business is a limited liability company (LLC), corporation, or something else. A note on limited liability.

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Cannabis Law Report

DECEMBER 18, 2021

17 December… A New Mexico state judge ruled on Thursday that medical cannabis patients cannot purchase the same amount as non-patients when recreational-use sales begin. Prior to the Cannabis Regulation Act, the only way to legally possess cannabis in New Mexico was to be a medical cannabis patient.

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Canna Law Blog

FEBRUARY 18, 2022

A lot of that same law applies equally to cannabis. Naturally, I want to answer a similar question here: are cannabis churches legal? The answer is that they are basically “legal” in the same sense that cannabis businesses are legal: they violate federal law but can comply with state law if licensed.

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Dykema (Cannabis Law Blog)

NOVEMBER 16, 2022

According to the Cannabis Regulatory Agency, the average price of one ounce of marijuana in December 2020 was $350.88. This rapid price compression puts tremendous pressure on many marijuana businesses as they face greater competition with ever-slimming margins. In contrast, the average price fell to $109.22 in September 2022.

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Cannabis Law Report

APRIL 17, 2023

. – Today, Congressman Earl Blumenauer, founder and co-chair of the Congressional Cannabis Caucus, introduced the Small Business Tax Equity Act which creates an exception to Internal Revenue Code Section 280E to allow marijuana businesses operating in compliance with state law to take deductions associated with the sale of marijuana like any […] (..)

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Cannabis Law Report

MAY 28, 2022

Despite progress over the past decade, the cannabis industry still struggles to access a fundamental piece of the U.S. Congress should either legalize cannabis or stop deputizing banks as drug enforcement investigators. To be clear, the existing policy does not ban financial services for the cannabis industry.

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Canna Law Blog

FEBRUARY 9, 2022

Many cannabis companies are thinking about creative ways to pivot into the developing psychedelics market. It’s one thing for companies to leave cannabis altogether and go full tilt into the psychedelics space. But mixing cannabis and psychedelics into one business presents some unique – and serious – risks.

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Cannabis Law Report

AUGUST 23, 2021

Section 280E of the Internal Revenue Code prohibits taxpayers who are engaged in the business of trafficking certain controlled substances (including, most notably, marijuana) from deducting typical business expenses associated those activities.

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Cannabis Law Report

MARCH 12, 2022

A new lawsuit in Georgia seeks a court order declaring that a chemical related to the main intoxicating ingredient in pot is legal under state law. Delta-8 has become extremely popular across the country, and the cannabis industry and state governments have grappled with its rise. Read more at: [link].

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NORML

SEPTEMBER 20, 2019

Majority Leader Hoyer on Friday announced that members of the House are anticipated to hold a floor vote next week on The SAFE Banking Act (HR1595), which explicitly permits banks and other financial institutions to work directly with state-legal marijuana businesses.

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Cannabis Law Report

AUGUST 3, 2021

In the continuing trend of normalizing the cannabis industry for practical reasons, the New York State Bar Association’s (NYSBA) Committee on Professional Ethics issued Opinion 1225 (the Opinion). In short, the NYSBA now expressly permits lawyers to represent clients in New York’s recreational cannabis industry.

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NORML

JANUARY 15, 2019

In Senate testimony today, nominee for Attorney General William Barr committed to not use the limited resources of the Department of Justice to prosecute state-regulated and compliant marijuana businesses. Thirty-three states, Washington, D.C. Thirty-three states, Washington, D.C. and the U.S. and the U.S.

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The NM Political Report | Medical Cannabis Program

DECEMBER 17, 2021

A New Mexico state judge ruled on Thursday that medical cannabis patients cannot purchase the same amount as non-patients when recreational-use sales begin. Prior to the Cannabis Regulation Act, the only way to legally possess cannabis in New Mexico was to be a medical cannabis patient.

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Canna Law Blog

JULY 27, 2023

It’s pretty easy to write about everything that’s going wrong in today’s cannabis industry. Today, I want to change gears and talk about some of the strategies we’ve seen work for distressed cannabis businesses in the past. And this is certainly not legal advice.

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Cannabis Law Report

AUGUST 23, 2021

The Colombus Dispatch writes… An effort to legalize marijuana in Ohio cleared its first hurdle Friday. Ohio Attorney General Dave Yost approved revised language for a law proposed by a group called the Coalition to Regulate Marijuana Like Alcohol. The proposal would change state law but not the state constitution.

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Cannabis Law Report

MARCH 17, 2020

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. But what about state or common law rights in trademarks for cannabis products? Kiva Brands”) is a leading provider of cannabis-infused chocolates and confections.

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WeedAdvisor

JULY 15, 2019

Owning a business is never easy. businesses enjoy is the ability to deduct certain expenses, providing a notable tax break once the IRS comes to collect its due. Unfortunately – according to the Los Angeles Times – this is not the case for cannabis retailers. On paper, the IRS opposes legal marijuana enterprises.

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Canna Law Blog

JANUARY 31, 2022

I started as a lawyer in the cannabis industry in 2010. Twelve years in there has been immense progress and maturation at the business level for cannabis licensees. Cannabis businesses need to keep these issues on their radar when crafting brand strategies. Intellectual property. Intellectual property. Recall plan.

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Business Compliance Compliance Banking 86

NORML

JANUARY 14, 2019

Representative Lou Correa (D-CA) has introduced HR 493 : The Sensible Enforcement Of Cannabis Act, which would codify the protections that were outlined in the now-rescinded Cole Memo. Tax revenues from states like Colorado, Oregon, and Washington now exceed initial projections. Send a message in support of HR 493 now!

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SpeedWeed

AUGUST 2, 2021

A recent lawsuit filed against the Oklahoma Medical Marijuana Authority (OMMA) claims that the organization did not make its meeting agenda available to the public, which violated a state law known as the Oklahoma Open Meeting Act. Rachel Bussett of Bussett Legal Group , and Durbin’s co-counsel, accused the OMMA of being “sneaky.”

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State Laws Law Seed-To-Sale Marijuana 52

PrestoDoctor

OCTOBER 18, 2023

Legality of Mailing Cannabis, CBD, and Hemp Products Mailing Cannabis, CBD, and hemp products can be a tricky subject due to the varying legal regulations. While some states have legalized the use and distribution of Cannabis and CBD products, it is still considered illegal at the federal level.

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Cannabis Law Report

JUNE 3, 2022

Last year, recreational cannabis for ages 21 and older was legalized in New York State through the Marijuana Regulation and Taxation Act. On Thursday morning, a zoning map draft for future cannabis businesses in Binghamton was released.

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The Blunt Truth

APRIL 13, 2021

On March 31, 2021, New York legalized the recreational use of cannabis, enacting “ The Marijuana Regulation and Taxation Act.”. This new law legalizes personal possession of cannabis, home cultivation of cannabis, and allows for the expungement of certain marijuana convictions.

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Canna Law Blog

JUNE 1, 2022

One of the most important decisions a new cannabis business can make is the form of entity it will use. In fact, one of the first questions businesses ask is whether the right entity for a cannabis business is a limited liability company (LLC), corporation, or something else. Today, I cover LLCs.

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Business Cannabis State Laws Retail 72

Cannabis Law Report

JUNE 8, 2021

Rod Discusses Legal Challenges Facing Hemp and CBD with The CBD Guide. We discussed a number of topics, including: My first-hand experience with CBD and my path to representing businesses in the cannabis industry. Some of the biggest legal missteps CBD businesses make, and how they can be avoided. June 8, 2021.

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Cannabis Law Report

JANUARY 25, 2022

San Diego’s Cannabis Business Division received a $764,261 grant from the California Department of Cannabis Control , intended to develop tools to help businesses comply with local and state laws, it was announced Monday. The Times of San Diego reports.

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Cannabis Law Report

SEPTEMBER 8, 2022

Businesses looking to enter New York’s recreational cannabis industry should be pleased to know recent changes to state tax laws are slowly making the venture more financially feasible. However, despite New York’s focus on its own cannabis industry, the use of cannabis remains illegal at the federal level.

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Canna Law Blog

FEBRUARY 2, 2024

Two of our international cannabis lawyers, Vince Sliwoski (business) and Adams Lee (international trade), recently joined the Simply Trade podcast for a lively discussion on the international cannabis trade. For more on the international cannabis trade, check out the following posts: Can I Import Marijuana Seeds to the U.S.?

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Canna Law Blog

JANUARY 10, 2023

Will we see tax reform in 2023 for cannabis sellers? I’ve been on panels with many experts who rightly take the position that the way to get to federal legalization is through a piecemeal legislative process; chipping away at prohibition one legal reform at a time. IRC 280E is devastating for the cannabis industry.

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NORML

SEPTEMBER 25, 2019

Members of the House of Representatives voted 321 to 103 in favor, representing 79% of the vote of HR 1595: The SAFE Banking Act, which amends federal law so that explicitly banks and other financial institutions may work directly with state-legal marijuana businesses.

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MassRoots

FEBRUARY 11, 2019

Legislation to end the federal prohibition of cannabis has been submitted in the U.S. The American people have elected the most pro-cannabis Congress in American history and significant pieces of legislation are being introduced,” said Blumenauer. “The 420, my bill to legalize and responsibly regulate and tax marijuana.

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Legalization Marijuana Legislation Policy 111

SpeedWeed

MARCH 5, 2021

Lafayette-based food delivery company Waitr said it is teaming up with Flow Payments to create a specialized platform for the sale and delivery of legal marijuana. According to Leafly , a cannabis website, 12 states allow delivery of medical marijuana products and six states allow for delivery of recreational products.

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Business Marijuana Food State Laws 52

Canna Law Blog

NOVEMBER 3, 2021

I often write about various discrete aspects of cannabis M&A transactions. A full list of my posts, along with other Canna Law Blog contributors’ posts, is linked at the bottom of this post. It almost sounds too obvious , but the first step in any cannabis M&A transaction is to find a potential deal.

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Canna Law Blog

NOVEMBER 3, 2023

The lawsuit filed on October 26 against Merrick Garland to “end federal cannabis prohibition” wouldn’t really end federal cannabis prohibition. A victory would help cannabis operators who are drawing within the lines, as long as they stay within those lines. This press release from the plaintiffs’ law firm explains why.

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Cannabis Law Report

JULY 16, 2021

–(BUSINESS WIRE)–Insa, a leading Massachusetts-based cannabis provider, today expressed support for the draft of the Cannabis Administration and Opportunity Act unveiled this week by leading Senate Democrats, pointing to the potential job creation and economic opportunities in the Commonwealth’s state-regulated cannabis industry.

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MMJ Recs

NOVEMBER 10, 2023

As Missouri patients gain access to medical cannabis for various qualifying conditions, understanding and advocating for MMJ patient rights is of paramount importance. We’ll also explore patient rights and responsibilities within Missouri’s MMJ program and the availability of legal assistance for MMJ patients.

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Cannabis Law Report

APRIL 5, 2019

We thank Andrew Sacks for highlighting this during yet another busy week. A bipartisan bill protecting state laws regulating marijuana use from the federal government was reintroduced on Thursday in the House and Senate. The legislation, which allows states to determine their own cannabis policies, was offered by Sens.

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