Cannabis businesses far too often come to one of our cannabis lawyers after they’ve opened their doors in violation of applicable local laws. Making matters worse is that they never learn of their violation by poring over their city or county code in their spare time; they find out by being on the wrong end of a
We’re starting to see a distinct trend with state-sanctioned marijuana operational licenses: the “pay-to-play, greatest barrier to entry” model. In this sort of system, there is usually some combination of the following, all geared towards reducing the number of cannabis businesses actually granted a license and towards making sure that those with licenses are very well-funded:
A red herring is “something that misleads or distracts from a relevant or important issue.” Sad to say the marijuana industry has more than its fair share of red herrings, including the ten that are most prevalent these days: Federal enforcement memos mean the Feds are taking it easy on the marijuana industry. We wish this
The media is currently abuzz about the inadequacy of lab testing for marijuana and marijuana infused products, which once again raises a critical issue for business owners: lawsuits. There are circumstances under which marijuana producers, processors and retailers alike can be held liable for a defective product, even without any knowledge of the defect. Anyone
As so many of you know, few landlords are willing to rent to marijuana businesses. They are afraid of the very real possibility of losing their property in a federal civil asset forfeiture action. The federal government has been known to seize property being used for cultivating, manufacturing, or selling marijuana. In the last seven
One of my clients sent me a link to this story, asking me to comment on whether it was really newsworthy. My response was not really; the U.S. Securities and Exchange Commission’s (SEC) decision to allow a listing of Terra Tech Corp. is not a major surprise. It is progress, yes, but it was also somewhat inevitable,
The federal government continues to surprise us with its varied treatment of marijuana: this time by federally recognizing marijuana workers’ rights. Specifically, the National Labor Relations Board (for the second time) is preparing to hear marijuana workers’ allegations against their New Jersey medical marijuana dispensary employer for retaliation, union-busting, and unfair working conditions. That hearing is
Almost everyone in the cannabis industry loathes Section 280E of the Federal Income Tax Code. For more on why this is the case, check out In the Wake of Marijuana Legalization, It’s Time to Repeal Section 280E. Section 280E prevents cannabis producers, processors and retailers from deducting expenses from their income, except for those considered
Our cannabis lawyers been asked several times in the past couple of weeks whether we have any opinion on a Washington Superior Court decision that came out earlier this month that grappled with the interplay of government regulation and commercial free speech. There’s no copy of that Superior Court opinion available online, but in this
Our cannabis lawyers are often asked what it takes to purchase or sell a marijuana business license. This question from our clients sometimes comes up during their license application phase and it sometimes comes up after their licensing has been finalized. People tend to think of marijuana licenses as fungible commodities. This makes sense, as most
