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Pending Federal Case May Undo Federal Marijuana Prohibition Laws

We usually do not get excited over cases where a Federal judge is asked to deviate from Federal laws regarding marijuana — because they never do. This time, though, we are all ears, as according to The Daily Beast, this Federal judge is really listening: After a five-day hearing in California, [U.S. District Judge Kimberly

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Marijuana Merchant Processing

In February, FinCEN (the financial crimes division of the U.S. Department of Justice) issued its guidelines for financial institutions wanting to do business with the marijuana industry. Though helpful to those interested, this memo did not change federal banking laws that make banking for the marijuana industry so risky. Recently, ATMs were shut down and will be

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California Cannabis: Get Your Regulatory Act Together

Whenever one of our cannabis business lawyers speaks on what the future of recreational marijuana legalization will look like in California, we usually start by directing everyone to the Cole Memo. The primary goal of any state attempting to legalize recreational marijuana should be to avoid federal intervention, and the best way to do that

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On The Separation of Church and Pot

A Seattle church located in uber-hip Capitol Hill (Mt. Calvary Christian Center) is protesting against Uncle Ike’s, a state licensed cannabis retailer that has opened up shop next door. The church’s lead pastor claims that a cannabis retailer located within 1,000 feet of his church is “an indictment of where our society has come.” This pastor also

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Marijuana and the New Attorney General: Why You Should Care

A few weeks back, our nation’s current attorney general, Eric Holder, announced he would be resigning the position he has held since the start of the Obama administration, once his replacement is named and confirmed by the U.S. Senate. Holder’s tenure is viewed somewhat as a mixed bag — earning kudos for his efforts to

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Marijuana Political Donations: A Fine Line Between Love and Hate

A marijuana lobby or super PAC? Unheard of. Until now — thanks in large part to regulation of marijuana businesses. The legalization of marijuana is doing more than just creating new business opportunities, it is providing marijuana businesses with the need to project a strong and clear voice to lawmakers and state and federal representatives across

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How To Choose Your Cannabis Law Firm

With our blog and our Facebook page continuing to gain readers nationwide, and as our own cannabis clients expand into states in which our law firm has no licensed lawyers, cannabis businesses are regularly asking for our advice on who they should hire as attorneys in various states. Just this week we were asked about Massachusetts, Maryland,

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Industrial Hemp: And Kentucky Shall Lead Us

In What’s Up with Hemp in Washington?, we explored how Washington legalized industrial hemp with passage of Initiative 502, but has done nothing by way of regulating it for actual production. Washington’s hemp issues aside, we believe industrial hemp is not getting nearly the attention it deserves. Hemp has the potential to rise again as a

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The Future of Marijuana in Illinois

Several of our Chicago attorneys (including me) attended the recent NCIA member reception in Chicago, where the hot topic of conversation was not the MMJ application process going on right now, but rather what happens next. Discussions seemed to focus on three topics: What’s going to happen with Illinois’ current Compassionate Use of Medical Cannabis

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From Where Can You Legally Get Your First Marijuana Crop? Good Question.

We are always getting questions from our clients on how to manage their cannabis businesses in the context of legalization. How do we protect our brand name? How do we license our brand to other states? How do we make sure we are complying with packaging and labeling regulations? Are we allowed to advertise? How do