wyoming state flag

Hemp CBD Across State Lines: Wyoming

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

Juneteenth Independence Day concept, 3D rendering

Juneteenth and Criminal Justice Reform

Several years ago, before becoming a business litigator, I had the great fortune of clerking for Judge Myron H. Bright on the Eighth Circuit Court of Appeals. Born in northern Minnesota in 1919 to Jewish immigrants from Russia, Judge Bright served in World War II and afterward attended the University of Minnesota Law School. Upon

Disband DEA

It's Time to Disband the DEA

Racism in America is not confined to the criminal justice system, it is embedded in all aspects of our society, but the continued killing of Black men and women by police and law enforcement personnel has lead to a breaking point. The video of George Floyd's murder is particularly gruesome and has lead to nationwide

Wisconsin State Flag

Hemp CBD Across State Lines: Wisconsin

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

too bad in bold on english dictionary page

An Anti-Climactic End to the First Cannabis Patent Litigation?

Our last update on the first-ever cannabis patent case, United Cannabis Corporation (“UCANN”) v. Pure Hemp Collective, Inc. (“Pure Hemp”) was back in July 2019. A lot has changed in the world since then (although the case was largely unremarkable), and the possible ending to this once-deemed “pivotal” case for the industry may now face

China contracts that work

Why We Love the Harborside IRC § 280E Appeal

Recently, I mentioned that except for Champ v. Commissioner, no cannabis company has ever won an Internal Revenue Code § 280E case. One of the more famous setbacks was a 2018 case known as Harborside v. Commissioner, which expressly found IRC § 280E constitutional. That decision started with the memorable line that: “[Harborside] owns what

california state made from puzzle pieces

Ketamine Management Services Organizations (MSOs): The California Puzzle

Our law firm has seen an uptick in ketamine clients lately. And it's no surprise as the drug picks up considerable speed with its off-label infusion applications for a slew of serious ailments, including depression and mood disorders. We've also been handling several M&A deals around ketamine clinics and the management companies that serve them.

State of West Virginia flag

Hemp CBD Across State Lines: West Virginia

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

Washington Marijuana

Washington May Redefine What it Means to Own a Marijuana Business

On May 20, 2020, the Washington State Liquor and Cannabis Board (LCB) held a virtual listen and learn forum on Draft Conceptual Rules Regarding Marijuana Licensee True Party of Interest Rules. Cannabis Observer covered the forum and a summary is available here. The move to change the true party of interest (TPI) rules started in October

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Oregon Cannabis: What to Do If You Receive an OLCC Notice of Proposed License Cancellation or Other "Charging Document"

The Oregon Liquor Control Commission (“OLCC”) is tasked with regulating medical and recreational cannabis in Oregon and this includes commencing administrative enforcement proceedings against licensees found in violation of one or more rules. The OLCC may seek sanctions against licensees ranging from a monetary penalty and/or a period of suspension to license cancellation. We sat

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