Nuisance pollination can cause a row. In recent posts, we’ve discussed cases where a neighbor to a cannabis grow sued the grower for nuisance, claiming that growing cannabis interfered with the neighbor’s use of their land. See here, here, here, here, here, and here. These lawsuits relied on the non-cannabis... Read more
Oregon Cannabis: Josephine County Loses Again
OregonUncategorized September 3, 2018
…another Josephine County setback. Poor Josephine County. We have been writing on this blog about the southern Oregon county’s mounting frustrations with cannabis, its successive losses in litigation, and its most recent attempt in federal district court to submarine Oregon’s cannabis programs. We immediately identified this lawsuit as a... Read more
Arizona Court Prohibits Cannabis Extracts for Medical Use
Medical MarijuanaUncategorized August 25, 2018
Flower is fine right now; oil and hash, not so much. A recent Arizona court of appeals decision has sent the state’s medical marijuana market into a frenzied state. In 2010, Arizona enacted the Arizona Medical Marijuana Act (“AMMA”), which grants licensed dispensaries and registered qualified immunity from criminal prosecution... Read more
Cannabis Taxation: Another Day, Another 280E Case (or Two)
Marijuana Laws, Regulations, & Politics June 25, 2018
On June 13, the U.S. Tax Court issued an opinion regarding the application of IRC §280E. In Alterman v Commissioner of Internal Revenue (“Alterman“) the Court held, yet again, that IRC §280E operates to disallow a cannabis businesses’ tax deductions. A few days later, the Court also issued Loughman vs.... Read more
