canna law blog

Real Property Forfeiture For Marijuana Tenants: Your Marijuana Leasehold Is Key

Why do commercial landlords still hesitate to rent to marijuana businesses? In addition to the remote possibility of a landlord getting arrested and prosecuted by the U.S. Department of Justice (DOJ) for violating the Federal Controlled Substances Act, landlords face the very real threat of losing their property via a civil asset forfeiture. The federal

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

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

Florida Marijuana Draft Rules Just Out

We’ve said it time and time again, when state agencies start rolling out their marijuana regulatory rules is when things begin to happen. This is also a time when planning too early or too late can mean an ineligible cannabis application. On July 2, the Florida Department of Health issued its first draft regulatory rules for

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

They Said It On Marijuana, Quotable Saturday, Part XVIII

We know that most of you are no doubt already familiar with what Bill Clinton said on marijuana when he was running for President, but we thought now would be a good time to bring it up again since he will be appearing on Meet the Press tomorrow to discuss, among other things, marijuana.  Anyway, for 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

They Said It On Marijuana, Quotable Saturday, Part XVI

“We’re the people who love drugs, the people who hate drugs and the people who don’t give a damn about drugs.”  Ethan Nadelmann, on those who support his Drug Policy Alliance. We are always arguing that if national legalization is to succeed, we will need a big tent of those who favor it. In other

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