When it comes to marijuana licenses, some states are completely indifferent to residency, others give a slight competitive advantage to in-state license applicants, while others adopt a bright-line requirement that residents hold a controlling interest in the licensed entity. Are these restrictions on out-of-staters constitutional? State governments can require licensees to be a certain age,
Thinking about flying with cannabis on your next vacation? In most cases, you better find an alternative because you may face serious criminal penalties for boarding an airplane with cannabis. However, at a few airports, law enforcement allows passengers to fly with cannabis when certain very limited conditions have been met. The Transportation Security Administration (TSA) is the federal
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
“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.”
Marijuana legalization has already led to many benefits in the United States, ranging from increased tax revenues to decreasing usage by minors to lowering incarceration rates for non-violent marijuana offenders. But marijuana legalization is also putting a substantial dent into what the Department of Justice calls the “greatest organized crime threat to the United States,”
Earlier this week, Federal Judge Kimberly Mueller denied a motion to declare unconstitutional marijuana’s listing as a Schedule 1 drug. Schedule I drugs have no recognized medical value, have a high potential for abuse, and cannot be safely administered even under a doctor’s supervision. To put it bluntly, no sane person believes any of those things. We
As so many of you know, few landlords are willing to rent to marijuana businesses. They are afraid of the very real possibility of losing their property in a federal civil asset forfeiture action. The federal government has been known to seize property being used for cultivating, manufacturing, or selling marijuana. In the last seven
One of my clients sent me a link to this story, asking me to comment on whether it was really newsworthy. My response was not really; the U.S. Securities and Exchange Commission’s (SEC) decision to allow a listing of Terra Tech Corp. is not a major surprise. It is progress, yes, but it was also somewhat inevitable,
Almost everyone in the cannabis industry loathes Section 280E of the Federal Income Tax Code. For more on why this is the case, check out In the Wake of Marijuana Legalization, It’s Time to Repeal Section 280E. Section 280E prevents cannabis producers, processors and retailers from deducting expenses from their income, except for those considered
If you follow us on Facebook, you probably know about our ongoing saga with the social media giant over its having banned our promoting our page or our posts. Why is Facebook blocking us from promoting content from the Canna Law Blog on its pages? According to the Facebook Advertising Guidelines, and from what we have been
