The Canna Law Blog is a forum for discussing the practical aspects of cannabis law and its impacts on the cannabis industry. We provide insight into how cannabis businesspeople can use the law to their advantage and in plain language we tell you what works and what does not. We aim to help you strategize how to wield the law as both a shield and a sword.

DOT drug testing policy

U.S. Department of Transportation Updates Its Drug Testing Policy

The U.S. Department of Transportation (DOT) has finalized a rule to amend its drug testing policy in a way that could have significant implications for truckers, commercial drivers, pilots and other federally regulated transit workers who use marijuana off the job. In a notice last Tuesday, the department said that it has completed the rulemaking

cannabis legislation

New York’s Legislation to Curb Illicit Cannabis Sales

As foreshadowed by our recent post, on May 3, 2023, New York Governor Kathy Hochul signed cannabis legislation that significantly increases the civil and tax penalties for unlicensed and illicit cannabis sales. The legislation was passed in conjunction with New York budget for the 2024 fiscal year. So what’s included in the new cannabis legislation?

cannabis taxes

Webinar Takeaways: IRS Cannabis Taxes and Enforcement

On April 13th, I moderated a webinar about cannabis taxes called “IRS Enforcement of Cannabis Operators is Here – What Do We Do Now?“. Cannabis taxes should scare anyone in the industry, but federal incomes taxes under I.R.C. 280E probably take the cake when it comes to general anxiety. Our webinar featured Ani Galyan and

Cannabis Litigation in a Down Market

The West Coast cannabis industry is struggling. In this free webinar, cannabis business litigators Jihee Ahn (California; Oregon) and Jesse Mondry (Oregon) will discuss the state of the industry and how depressed market conditions are affecting those considering litigation or alternative dispute-resolution options. Tune in Tuesday, May 16th at 10am PT for a conversation covering

cannabis scam

Cannabis Scams 3.0

In an era of Theranos, Fyre Fest, FTX and WeWork, cannabis scams, frauds, and scandals probably pale in comparison. However, cannabis scams (and their evolution) are still worth noting, spotting, and avoiding at all costs. I’ve written about cannabis scams in the past (see here), and it’s one of my favorite topics given the still-emerging

cannabis collections

Cannabis Collections Headaches and What to Do

On this hallowed 4/20, while consumers and businesses celebrate cannabis near and far (which is great!), it’s important to be mindful that the cannabis industry is getting financially pummeled nationwide. For the cannabis companies able to survive this rocky time, cannabis collections are becoming an increasing headache as other cannabis businesses fold and/or just ignore

cannabis bankruptcy

The Business of Cannabis & Bankruptcy: April 14 in Portland

Harris Sliwoski’s Vince Sliwoski (Portland) will present in-person next Friday, April 14 at the 36th annual Northwest Bankruptcy Institute. Vince will join Dominique Scalia of DBS Law (Seattle) as they cover “The Business of Cannabis and Bankruptcy.” This event is co-sponsored by sections of the Oregon State Bar and Washington State Bar. Details on the

burner license

California “Burner Licenses” Continue to Plague

California has no shortage of issues with its legalized cannabis marketplace. For a couple of years now, an open secret in California (and a cautionary tale for other states) is the concept of “burner licenses“. These are licenses issued to a company by the Department of Cannabis Control (“DCC”) that are used to conduct illegal,

environmental plan

New York Cannabis: Energy and Environmental Plans

Since the Marijuana Regulation and Taxation Act (MRTA) was passed back in April of 2021, New York has made clear that mitigating environmental impact, including energy usage, would be a key component of New York’s adult-use cannabis industry. To wit, the legislators expressly included applicants’ “ability to mitigate adverse environmental impacts, including but not limited

distressed cannabis businesses

Distressed Cannabis Business Takeaways

On February 28th, we put on a webinar on “Distressed Cannabis Businesses” webinar. In that webinar, Griffen, Ethan, and Vince discussed the current financial and economic pressure the entire cannabis industry is facing today. We covered reorganization, litigation, dissolution, M&A, receivership, secured interests, and liquidation. And we of course discussed how state-by-state cannabis regulations impacts all