A red herring is “something that misleads or distracts from a relevant or important issue.” Sad to say the marijuana industry has more than its fair share of red herrings, including the ten that are most prevalent these days: Federal enforcement memos mean the Feds are taking it easy on the marijuana industry. We wish this
The media is currently abuzz about the inadequacy of lab testing for marijuana and marijuana infused products, which once again raises a critical issue for business owners: lawsuits. There are circumstances under which marijuana producers, processors and retailers alike can be held liable for a defective product, even without any knowledge of the defect. Anyone
Marijuana businesses — just like other businesses — impact our environment. Environmental laws relating to water rights, energy consumption, pollution, and overall carbon footprint all can and do impact marijuana businesses. Environmental laws typically focus on containing or preventing pollution and disciplining corporate polluters, but they also cover the regulation of natural resources, environmental impacts,
Last month, the U.S. Food and Drug Administration (“FDA”) issued warning letters to six cannabis companies, some of whose products were claimed to contain cannabidiol (“CBD”). The FDA warned the companies about marketing and selling unapproved drugs to diagnose, mitigate, treat or prevent diseases in humans or animals. The FDA letters are direct and specific
Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man’s appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at
The marijuana industry has an eclectic mix of businesses seeking to cash in on the growing market. It includes manufacturers and sellers of a variety of cannabis infused edible products and beverages, cannabis paraphernalia, including vaporizers and e-cigarettes, and an increasing number of companies providing support services like consulting, testing, warehousing, financing, banking and insurance. Like providers
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,
Recreational marijuana isn’t the only thing to get excited about in Oregon. Just this week, Oregon’s rules to obtain an industrial hemp permit just went into effect and Oregon’s Department of Agriculture (ODA) has begun accepting applications to grow hemp. Oregonians should expect to see the state’s very first state-legal hemp crop in the ground this
The federal government continues to surprise us with its varied treatment of marijuana: this time by federally recognizing marijuana workers’ rights. Specifically, the National Labor Relations Board (for the second time) is preparing to hear marijuana workers’ allegations against their New Jersey medical marijuana dispensary employer for retaliation, union-busting, and unfair working conditions. That hearing is
