canna law blog

State of Cannabis: Montana Marijuana Regresses

2016 is going to be a big year for cannabis. As a result, we are ranking the fifty states from worst to best on how they treat cannabis and those who consume it. Each of our State of Cannabis posts will analyze one state and our final post will crown the best state for cannabis. As

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Marijuana in Spain: Our on the Ground Report

Spain’s cannabis laws have progressively liberalized to the point where Spain is now one of the most cannabis-friendly countries in Europe. Spain is a relatively decentralized country, with independent communities having a great deal of autonomy. Consequently, each region can for the most part set its own laws regarding marijuana. Catalonia, where I am based,

canna law blog

Oregon Cannabis: The Merger of Recreational and Medical has Begun

Welcome to the second piece in what will be a four-part series on the new Oregon marijuana bills, all of which came out of the recently concluded short session. This entry surveys enrolled SB 1511, one of two omnibus bills that make significant improvements to the Oregon marijuana regime. For the other omnibus bill, check

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Oregon Opens Its Cannabis Industry to Non-Residents

    On March 3, the Oregon legislative short session ended. Our representatives covered quite a lot in just 35 days, including the passage of four good marijuana bills and one great hemp bill. Governor Kate Brown signed two of the marijuana bills yesterday, March 7, and the others should be endorsed shortly. Because each new bill

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Right to Privacy Includes Marijuana Personal Use in Alaska: Ravin v. State

Attorney Irwin Ravin was arrested on October 11, 1972, and charged with violating Alaska Statute 17.12.010 for possessing cannabis for personal use. Before trial in front of the Alaska District Court, Ravin attacked the constitutionality of AS 17.12.010 by a motion to dismiss asserting that the state had violated his right of privacy under both the

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The Commerce Clause and Medical Marijuana: Gonzales v. Raich, 545 U.S. 1 (2005)

California voters passed Proposition 215 in 1996, allowing qualified patients to cultivate and use marijuana for designated medical illnesses and conditions. Though this permits cannabis cultivation and use in California, anything related to cannabis remains illegal under the federal Controlled Substances Act (CSA). Angel Raich, a qualified medical cannabis patient, who was provided cannabis for medical use

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Producing Cannabis Extracts in California is a Risky Business

On January 28, 2016, San Diego police narcotics officers along with the San Diego Fire-Rescue Hazmat Unit raided MedWest Distribution, a California manufacturer of concentrated cannabis extracts, also commonly known in the marijuana community as “hash oil,” “honey,” “wax” or “shatter.” Cannabis extracts are produced through complicated methods of extracting cannabinoids (like THC and CBD)

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State of Cannabis: Not-So-Sweet Home Alabama

This is number four in our series ranking the fifty states on cannabis from worst to best. This is our fourth in the series. Idaho was last week, ranking as the third worst state for cannabis. This week we head to the heart of Dixie, where good marijuana laws are severely lacking, but especially in Alabama. Alabama Criminal Law. Marijuana

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Marijuana and the Federal Trade Commission: When Will the Giant Awake from Its Slumber?

It’s no secret that in the wake of the 2013 Cole Memo federal agencies greatly vary in how they treat marijuana businesses. The Department of Justice has opted to “stand down” for now in those states with “robust state marijuana regulations.” The Internal Revenue Service will not relent on enforcing section 280e against cannabis businesses, even though to do

canna law blog

The Trouble with Section 280E and Marijuana Businesses

When it comes to marijuana and taxes, there is no bigger buzzword than “280E.” However, there is still a lot of confusion about what exactly 280E is and does. In reality, section 280E is a single sentence of the Internal Revenue Code. It states: “No deduction or credit shall be allowed for any amount paid