Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the patchwork of state drug-testing laws – that oftentimes conflict with federal law – as well as the proliferation of legal THC-containing products derived from hemp.
Continue Reading The End of Zero-Tolerance Drug Policies
A new case may indicate the beginning of a policy shift by the Executive Office of the U.S. Trustee Program towards bankruptcy relief for certain cannabis-related enterprises.
Continue Reading Is The Smoke Clearing For Bankruptcy Access By Cannabis Companies?
A hard lesson was learned after cannabis was discovered in a suitcase at the airport: the government does not have to prove cannabis is marijuana to convict you of trafficking in marijuana. A new case recently clarified that the legal burden shifts and requires the accused to produce evidence that
Continue Reading Hemp in Your Suitcase Can Get You Convicted of Trafficking in Marijuana
This is the second installment in a three-part series exploring issues in cannabis and bankruptcy. In this episode, we’ll dive into bankruptcy protections available to businesses, including a case in which the Bankruptcy Court rejected a categorical prohibition for all debtors with any connection to marijuana.
Continue Reading Podcast: Cannabis and Bankruptcy, Ep. 2: Considerations for Businesses
The increasing number of states legalizing marijuana for both recreational and medical use raises critical questions regarding if and how insurance coverage should be made available with respect to auto or other general property and casualty insurance claims involving damages or injuries that occur when a person is under the influence of marijuana.
Continue Reading Ohio Appellate Decision Tackles Excluded Coverage For Marijuana Use
MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick: attempting to avoid making nearly $1,000,000 of lease payments based on marijuana’s illegal status under federal law.
Continue Reading MedMen’s Illegality Defense: Will the Court Take the Case?
If you work for a cannabis business, then bankruptcy relief may not be available to you, according to the In re Blumsack decision out of the U.S. Bankruptcy Court for the District of Massachusetts.
Continue Reading Decision Blocks Ch. 13 Bankruptcy for Cannabis Business Employee
Tax season is nearly upon us. As cannabis businesses and the professionals who advise them can expect, navigating the variations and even direct conflicts that exist between and among the state and federal authorities that govern a cannabis business’s respective tax filings can be treacherous.
Continue Reading Tax Win in Oregon Reminds Cannabis Businesses to Properly Classify Expenses
We often look to the federal judiciary as the gold standard of American jurisprudence. However, when it comes to the rapidly evolving cannabis industry, the federal judiciary has been anything but consistent.
Continue Reading To Put It Bluntly, the Federal Judiciary’s Inconsistent Approach to the Cannabis Industry Is (Reefer) Madness
The United States Court of International Trade recently issued an opinion on whether a company in Washington state could import drug paraphernalia, specifically cannabis-trimming equipment. That case, Eteros Technologies USA vs. United States, concerns “the interplay between the federal and state systems, specifically the Washington State system, governing
Continue Reading Cannabis Paraphernalia: Custom and Border Protection Loses Case