canna law blog

Marijuana Bankruptcy? Think Again

Be it the IRS, the Bureau of Reclamation, or the banks, the conflict between state and federal laws on marijuana can cause problems to those in the marijuana industry. You should now add filing for bankruptcy to the list. When businesses go (or are near to going) under, they typically file for bankruptcy in a

canna law blog

They Said It On Marijuana, Quotable Saturday, Part XXV

This is part 25 of our Saturday quote series and it will be the first time the quote comes from someone who is not the least bit famous. A number of people told us that they just assumed we would use a Robin Williams quote on marijuana and a number of others even suggested the

canna law blog

Cannabis And Your Neighbors. What Are Your Rights? What Are Their Rights?

Even if your state has legalized marijuana, your neighbors or your homeowners’ association may not be on board. Most states that have legalized medical marijuana or recreational marijuana limit consumption to places out of view of the general public. In other words, you are mostly limited to consuming cannabis in the privacy of your own

canna law blog

Michigan Court Rules Pot Stinks And That’s A Nuisance

Oooh oooh that smell — can’t you smell that smell?  Ok, we couldn’t resist trotting out the oft-repeated Lynyrd Skynyrd lyric. In all seriousness though, a recent Washtenaw County, Michigan court ruling discussing marijuana odor gives us an opportunity to remind canna businesses and home-growers alike to keep their smells to themselves. Neighbors had been

canna law blog

Marijuana Decriminalization Versus Legalization: A Difference That Matters

Many people use decriminalization and legalization synonymously and interchangeably, and that’s not correct. Decriminalization essentially means that a given activity no longer qualifies as criminal conduct and can only be treated as a civil infraction, but that activity is unregulated. Legalization ultimately means the ability to lawfully regulate a given activity, as well as the

canna law blog

Marijuana Edibles In Washington State: The NEW Rules You NEED To Know

Washington State’s Liquor Control Board issued new “emergency” rules yesterday, mostly dealing with marijuana-infused food products, commonly called edibles.  The rules were a reaction to recent stories of individuals who ingested too much cannabis from their edibles (see Maureen Dowd’s story here), and of children mistaking cannabis candy for the real thing. If you are making edibles for

canna law blog

No Federal Irrigation Water for Marijuana Growers

Though the Department of Justice has been sticking by its promise to stand down when it comes to legalized marijuana, its sister agencies have been dragging their feet. The newest cannabis foe to line up beside the IRS and the Department of Treasury? The Bureau of Reclamation. While some of you have probably never heard

canna law blog

Top Ten Marijuana Industry Red Flags

We’ve been marijuana business lawyers for a long time now and in multiple states, and being on the front lines of this industry means that we have seen a lot of good and bad actors. In this post, we share the Top Ten Marijuana Industry Red Flags so that you know what to look for to

canna law blog

How To Protect Your Cannabis Brand, Part III

If you want to eventually own a national cannabis/marijuana brand, you should take steps to establish and protect your trademarks now. Since cannabis and cannabis paraphernalia remain federally controlled, the United States Patent and Trademark Office will not issue a federal trademark registration for products that fall into either category. However, it is possible to obtain protection for your trademarks in those states that have legalized the medical and/or recreational use of cannabis. Here is what you should do now: