Federal Cannabis Lobbying: Altria Has Entered the Chat

In my experience, lobbying is truly an art and not a science, and a very important art at that. And there’s been no shortage of cannabis lobbying over the years on both the state and federal level. Typically, cannabis trade groups (and there seems to be one for every cannabis topic now, including a recently

Federal Court: California Must Share Cannabis Licensee Records with Feds

In an inevitable conclusion, the Drug Enforcement Administration (“DEA”) and Department of Justice (“DOJ”) won their federal court case against the California Bureau of Cannabis Control (“BCC”) pursuant to which the BCC must now comply with a recent DEA subpoena regarding alleged criminal activity by certain state-licensed distributors hailing out of (what’s probably) San Diego

BREAKING: Judge Orders Feds to Stop Enforcement Against California Marijuana Dispensary

A shocking new development occurred yesterday in the ongoing battle between state-legal medical marijuana facilities and U.S. Department of Justice (“DOJ”) enforcement of the Controlled Substances Act (“CSA”). In a case now spanning more than 17 years, a federal judge in California ordered the United States government to stop enforcing the CSA against Marin Alliance

Will Cannabis Businesses Get Federal Coronavirus Money? Probably Not.

Right now, economic times are tough for almost every single American and individual business in this country, large or small. Unemployment is at depression-era levels, and companies are doing whatever they can to cut costs and save employees while the COVID-19 pandemic rages on. Unless you haven’t been paying attention, the Feds took historic steps

Cannabis, Coronavirus and Federal Disaster Assistance

Coronavirus has been great for cannabis sales. In most states with approved cannabis programs, both medical and adult use marijuana sales have been designated “essential services” by state and local governments. With this support, the supply chain has weathered the COVID-19 pandemic better than many industries. Still, the pandemic continues unabated and cannabis businesses are

Mystery Cannabis Litigation Theatre 2017: Future Enforcement of Pot Patents

In previous posts, we’ve discussed how cannabis is patentable, and what these patents might mean for a cannabis business. Today, we peer into the not-so-distant future to imagine what a lawsuit to enforce a cannabis patent might look like. My research has discovered no such lawsuits filed to date. Keep in mind that all patent

Federal Cannabis Prohibition: Is The End Finally Near?

The election of Donald Trump as president of the United States caught many pundits and prognosticators off guard. President Trump’s victory also instilled a level of uncertainty in America’s burgeoning state-legal cannabis industry. During the presidential campaign, Trump routinely professed his adherence to states’ rights when it comes to cannabis legalization (at least for medical

(Meaningless?) Federal Vote on Marijuana Legalization is on the Horizon

I’ve been practicing corporate, transactional, and regulatory law in the marijuana industry for going on 10 years now. I’ve never understood exactly why folks get excited about, or even remotely interested, when various lifetime politicians in Congress push bills on the federal legalization/rescheduling of marijuana. Why? Because these bills notoriously go nowhere (for a number

Marijuana and the Federal Trade Commission: When Will the Giant Awake from Its Slumber?

It’s no secret that in the wake of the 2013 Cole Memo federal agencies greatly vary in how they treat marijuana businesses. The Department of Justice has opted to “stand down” for now in those states with “robust state marijuana regulations.” The Internal Revenue Service will not relent on enforcing section 280e against cannabis businesses, even though to do