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Washington Cannabis Business Sales: Avoiding Successor Tax Liability

In Washington’s closed cannabis marketplace, we see plenty of license purchases and sales, with deals structured in many creative ways, always to maximize the likelihood of regulatory approval from the Washington Liquor and Cannabis Board. Washington’s cannabis regulations are among the most stringent, consistent with Washington’s Department of Revenue’s application of Washington’s taxation statutes. Generally,

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Washington State Liquor And Cannabis Board Addresses COVID-19

Yesterday at the close of business, the Washington State Liquor and Cannabis Board (LCB) emailed stakeholders an update on COVID-19. This update was in response to an earlier proclamation by Governor Jay Inslee which shut down restaurants, bars, coffee shops, and any other venues where people congregate to eat and drink. The proclamation also prohibits


Two Pending Bills Could Substantially Change Washington’s Cannabis Advertising Laws

Last month, two pieces of legislation were introduced to the legislature that could substantially alter Washington State’s advertising laws: HB 2350 and HB 2321. Each bill would tighten advertising restrictions for cannabis businesses, particularly with regard to advertising that could appeal to youth. Both bills were filed pre-session, and both already have moved into the

Washington Cannabis

State of the State: Washington Regulators Turning a New Leaf (Part 1)

Last year brought significant changes to Washington cannabis via the legislative session. Today I’ll outline some of the ways the Washington State Liquor and Cannabis Board (“LCB”) plans to regulate marijuana in 2020. Before I get into the details, let me please encourage you to check out Cannabis Observer, who goes to every LCB meeting and

Hemp CBD Washington

Hemp-CBD: Washington State’s Consumer Protection Act

This is the second in a three-part series explaining why companies making and sell hemp-derived CBD products ought to be concerned about state consumer protection laws. Last week we looked at Oregon and an article on California is in the works. It probably comes as no surprise that companies selling hemp-derived CBD in the State

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Washington’s Hemp Plan

On November 20th, the Washington State Department of Agriculture (“WSDA”) released the hemp cultivation plan (the “Plan”) that it intends to submit to the US Department of Agriculture (“USDA”) along with a corresponding set of hemp regulations (“Hemp Rules”). This post will provide an overview of Washington’s hemp plan. Recordkeeping, Violations, and Inspections The Plan

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BREAKING NEWS: Washington State Bans Flavored Vapor Products

On October 9, 2019, the Washington State Board of Health (“BOH”) voted to adopt emergency rules banning flavored vapor products, including marijuana products, in Washington State. The ban is effective as of October 10 and will run for 120 days. It’s not as if we didn’t see this coming. On Monday, Hilary Bricken wrote on

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Compliance over Enforcement: The New Normal For Washington Marijuana Businesses

On July 28, 2019, Senate Bill 5318 (“SB 5318“) went into effect. I wrote about this bill back in April when it was awaiting Governor Jay Inslee’s signature. SB 5318 forces the Washington State Liquor and Cannabis Board (“LCB”) to make some major institutional changes, requiring the LCB to work with licensees on compliance matters and

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Washington Marijuana: Is the Residency Requirement Doomed?

On June 26, 2019 the Supreme Court of the United States (SCOTUS) issued a ruling in Tennessee Wine and Spirits Retailers Association v. Thomas invalidating a two-year residency requirement for Tennessee retail liquor stores. The Washington State Liquor and Cannabis Board (LCB) has a similar six-month durational-residency requirement required for any person applying to be a