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

canna law blog

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

canna law blog

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

canna law blog

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

canna law blog

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)

canna law blog

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

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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

canna law blog

Marijuana Product Recall Plans: Get Yours in Place Now

If 2015 was the year of the marijuana recall, 2016 is going to be the year of marijuana recall response and planning. If your cannabis business does not already have a recall plan in place you are already behind the eight ball as the need to quickly pull cannabis products off the shelf is happening with increasing

canna law blog

Marijuana Ads in the Mail Are a No Go

We’ve previously written about how First Amendment free speech rights intersect with advertising for marijuana. We’ve also written about how a Colorado television station pulled the plug on a marijuana television commercial over concerns about violating federal broadcast regulations. We have also apprised everyone of how multiple social media platforms are #SorryNotSorry for shutting down pages