canna law blog

Oregon’s Hazy Law on Smoking Marijuana in “Public Places”

So where exactly are people now allowed to smoke marijuana in Oregon? I get this question often from business clients, who understand that smoking marijuana in public is generally verboten. In the business context, the real question is whether the subject business constitutes a “public place” in the eyes of the state. If the answer

canna law blog

They Said It On Marijuana, Quotable Saturday, Part LXX

History matters. And why Nixon initiated the war on drugs matters. It matters because all history matters and it matters because many who oppose cannabis legalization today do so for strictly political reasons that hardly differ from Nixon’s day. This week’s quote is much longer than usual, so please bear with us here. Back when

canna law blog

Marijuana Taxation: 280e Ain’t Getting Better Anytime Soon

The marijuana industry is finally beginning to experience meaningful movement on the national level, slowly chipping away at federal prohibition. With the most recent Cole Memo, FinCEN guidelines, legalization in two additional states and D.C., improving Veteran access to cannabis for medical use, and a tiny take-down of at least one significant federal barrier to marijuana

canna law blog

Marijuana Product Recalls: You Can’t Touch This

We’ve blogged before about products liability and the cannabis industry and we all know it’s just a matter of time before a plaintiff successfully sues a marijuana company for injuries caused by a defective marijuana product. When most businesses hear the term “products liability,” they start to sweat and then to pray that their insurance carrier will

canna law blog

California Proposition 65 And Marijuana: Know Your Obligations

Products liability and its application to marijuana businesses is a topic we’ve discussed at great length. In California, however, marijuana business owners have additional cause for concern: Proposition 65. California’s Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, requires the State to publish a list of chemicals known to cause

canna law blog

Anti-Marijuana Propaganda: The (D)Evolution of the Rhetoric

Our cannabis business lawyers are always interested in what is being said to support the “War on Drugs.” It is important to know what our opponents are thinking, how they strategize, and what they are trying to push for how to handle cannabis at the federal and state levels. Looking at the evolution of the rhetoric

canna law blog

Marijuana Zoning in Oregon: All Over the Map

We regularly get calls from clients in Oregon who are trying to figure out whether the property they’ve selected for their recreational marijuana business complies with applicable zoning regulations. Unfortunately, it is not yet clear what zoning regulations pertaining to recreational marijuana businesses will look like, because much of this regulation is left to individual cities

canna law blog

They Said It On Marijuana, Quotable Saturday, Part LXIII

“If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny.”                                        

canna law blog

Cannabis Businesses Laws: It’s Almost All Local

Cannabis businesses far too often come to one of our cannabis lawyers after they’ve opened their doors in violation of applicable local laws. Making matters worse is that they never learn of their violation by poring over their city or county code in their spare time; they find out by being on the wrong end of a

canna law blog

The Future of Marijuana Licensing: Greater Barriers to Entry?

We’re starting to see a distinct trend with state-sanctioned marijuana operational licenses: the “pay-to-play, greatest barrier to entry” model. In this sort of system, there is usually some combination of the following, all geared towards reducing the number of cannabis businesses actually granted a license and towards making sure that those with licenses are very well-funded: