Vaping Epidemic and Cannabis: What Cannabis Businesses Can Expect
Medical MarijuanaRecreational MarijuanaUncategorized October 8, 2019
Unless you’ve been living under a rock, you know that the U.S. is facing a vaping epidemic where consumers are potentially inhaling/ingesting very toxic chemicals in the form of vaporized nicotine liquid and THC oil. The Centers for Disease Control and Prevent (CDC), Food and Drug Administration (FDA), and state and local governments are still trying…
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On the Horizon: New Oregon Cannabis Regulations
OregonRecreational MarijuanaUncategorized October 5, 2019
The 2019 Oregon legislative session resulted in the adoption of several new laws concerning cannabis. You can read our definitive list here, our preview of the session here and a mid-session update here. One notable change was the passage of Senate Bill 218, which authorizes the Oregon Liquor Control Commission (OLCC) to refuse to issue initial…
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The Ethical Marijuana Lawyer
Uncategorized October 3, 2019
Recently, I traveled to Chicago to speak at a conference hosted by the American Bar Association (“ABA”) titled From Regs to Riches: Navigating the Rapidly Emerging Fields of Cannabis and Hemp Law. The Conference covered a broad range of cannabis topics including the tension between state and federal law on marijuana, navigating the licensing and start-up…
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Seizures at School: Arizona Federal Court Says IDEA Protections Do Not Extend to Medical Cannabis Use
Medical MarijuanaUncategorized September 29, 2019
We’ve written a lot about cannabis and the Controlled Substances Act. From immigration to waste dumping. From the Fair Labor Standards Act to the STATES Act, our articles run the gamut. Not long ago we wrote about a decision by the Second Circuit that may force the DEA to re- or deschedule marijuana after writing…
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Is Bankruptcy Protection on the Horizon for Cannabis Businesses?
Uncategorized September 14, 2019
As most of us know, bankruptcy is just not an option for the cannabis industry or those even affiliated with it. To date, courts have generally ruled that debtors who work in the cannabis industry or derive meaningful income from cannabis activity (directly or indirectly) cannot use bankruptcy. This is in response to the U.S….
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Our cannabis attorneys are often asked by media, clients, and other professionals working in the hemp and CBD marketplace what we think will be the next “big issue” in this developing industry. Often these questions concern regulatory and compliance questions, as (most) companies are keen to mitigate risk and avoid running afoul of state and…
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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…
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U.S. Indicts Cannabis Manufacturer for Illegal Hazardous Waste Dumping, But Not For Cannabis Activity
Uncategorized July 12, 2019
Last month, the U.S. Attorney for the Southern District of California indicted a San Diego cannabis manufacturer for dumping hazardous waste in violation of federal law. The defendants are alleged to have arranged for an unlicensed garbage hauler to unlawfully dump at various locations twenty-eight 55-gallon barrels of waste ethanol used in volatile extraction of…
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California Cannabis Cultivator Brings RICO Claims Against Fellow Cultivator, But Not For The Reason You Might Think
CaliforniaUncategorized July 4, 2019
In what appears to be a first, a veteran commercial cannabis cultivator in Santa Barbara County has sued another cannabis cultivator for, among many other claims, violating the federal Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, the defendants defrauded the plaintiff as one of many business partners, investors, and otherwise unsophisticated…
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Obviously, work in the cannabis industry for attorneys is way more than just state license acquisition. In fact, after a few years and with the exception of competitive licensing regimes, state licensing slows down and is usually taken in-house by cannabis companies that formulate compliance teams. In turn, as time goes on, a significant amount…
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