Marijuana

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With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the (significantly increased) risk of suffering discrimination, retaliation, and other costly claims. With many relevant state laws going into effect throughout the next twelve months, the clock is ticking.
Continue Reading Employers: Clock is Ticking to Update Marijuana Policies

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

In late October, the Alabama Medical Cannabis Commission (AMCC) sent comprehensive License Application Forms to more than six hundred medical marijuana industry hopefuls throughout the state. The deadline to apply for one of Alabama’s 12 cultivator, four processor, four dispensary, five “integrated facility,” secure transporter, and state testing laboratory licenses is December 30, 2022.
Continue Reading The Marijuana Licensing Game is Officially Afoot in Alabama

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 trend to legalize the medical and recreational use of marijuana continues to blaze through the states, but federal law — and bankruptcy courts by extension — have not yet followed suit.[1]

Bankruptcy courts have historically prevented cannabis — and even cannabis-ancillary companies — from filing for protection under the…

Continue Reading Pot Cos. Can Rely On State Law For Bankruptcy Safeguards

Under current California law, cannabis licensees are not permitted to “transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state, unless authorized by federal law.” [1]  Federal law, of course, also does not permit interstate transfer of cannabis.  As the judge told Johnny Depp’s…

Continue Reading Crossing The Line: California Looks to Permit Interstate Transfer and Distribution of Cannabis

On its face, it appears to be counterintuitive: United States federal courts recognizing and enforcing workplace rights for employees working in an illegal industry. After all, we would not expect a judge to lend a sympathetic ear to the employee of an arms trafficker or an interstate fraud ring. However…

Continue Reading Federal Discrimination Statutes and the Cannabis Industry: An Illegal Industry Still Subject to Federal Laws

On Thursday, July 21, 2022, Senators Chuck Schumer, Ron Wyden, and Cory Booker unveiled the long-awaited Cannabis Administration and Opportunity Act (CAOA), which, if passed, would decriminalize marijuana at the federal level and require various federal agencies to establish rules for regulating various aspects of the marijuana industry.
Continue Reading Maybe This Time Will Be Different: Senate Unveils Legislation to Legalize Marijuana

Featured Podcast Episode

Securing Retail Space for Your Cannabis Business (Episode 2 of 2)

Obtaining retail space for any small business is a big move. There are many issues to consider, and working with a knowledgeable real estate lawyer helps to avoid surprises down the road. This episode discusses licenses for retail space for cannabis businesses from the landlord and tenant perspective. Hosts also review issues unique to the cannabis business when renting retail space.