canna law blog

Marijuana Banking Band-Aid? Senators Push For More Cannabis Banking Guidance

There has been a ton of speculation about what President-elect Donald Trump and his nominee for U.S. Attorney General, Jeff Sessions, will do about state-legal marijuana in the next four years. Some industry and political experts think a renewed War on Drugs is coming, while others believe neither Trump nor Sessions will undertake the politically

canna law blog

Pot Shot? U.S. Customs Busts Importer of Chinese “Smoking Agents”

Importing cannabis into the United States is illegal since cannabis is a Schedule I controlled substance. But it’s not necessarily illegal to import smoking accessories into the United States, such as (pipes, grinders, rolling papers, etc.) so long as you’re not violating federal paraphernalia laws. Even though marijuana legalization is sweeping the U.S. and people are

canna law blog

California Eases Asset Forfeiture Risks for Cannabis Businesses

Asset forfeiture is a serious concern for cannabis businesses across the United States. The government has the authority to seize assets involved in the manufacture, importation, sale, or distribution of a controlled substance, such as marijuana, and in the past decades it has not shied away from using this power. What’s more, property seized by

canna law blog

Federal Reclassification of Cannabis Will Not Kill the Industry

Business planning is both science and art, research and forecasting. In cannabis, the forecasting quotient is challenging compared to other industries. That is because federal prohibition has created a dance around conflicts in law that is equally awkward and intricate, alongside an ever-evolving panoply of state and local rules. Our cannabis corporate attorneys field questions regarding federal prohibition daily,

canna law blog

Breaking News: Feds Announce They Will (FINALLY) Drop Harborside Forfeiture Case

In a major turn of events today, the Department of Justice (DOJ) announced that it will  finally drop its four-year long legal battle against Harborside Health Center (and its landlords) to seize the commercial properties in which Harborside operates in Oakland and San Jose, California. The DOJ’s opting to dismiss its own case before going to trial

canna law blog

BREAKING NEWS: SCOTUS Rejects Challenge to Colorado’s Legal Marijuana

  The Supreme Court of the United States (SCOTUS) today issued a decision rejecting Nebraska and Oklahoma’s challenge to Colorado’s marijuana legalization. By a 6-2 vote, the Justices denied Nebraska and Oklahoma’s motion for leave to file a complaint, without providing an explanation. The Court’s two most conservative Justices, Justices Clarence Thomas and Samuel Alito Jr., filed

canna law blog

Marijuana and the Federal Trade Commission: When Will the Giant Awake from Its Slumber?

It’s no secret that in the wake of the 2013 Cole Memo federal agencies greatly vary in how they treat marijuana businesses. The Department of Justice has opted to “stand down” for now in those states with “robust state marijuana regulations.” The Internal Revenue Service will not relent on enforcing section 280e against cannabis businesses, even though to do

canna law blog

The Trouble with Section 280E and Marijuana Businesses

When it comes to marijuana and taxes, there is no bigger buzzword than “280E.” However, there is still a lot of confusion about what exactly 280E is and does. In reality, section 280E is a single sentence of the Internal Revenue Code. It states: “No deduction or credit shall be allowed for any amount paid

canna law blog

Marijuana Ads in the Mail Are a No Go

We’ve previously written about how First Amendment free speech rights intersect with advertising for marijuana. We’ve also written about how a Colorado television station pulled the plug on a marijuana television commercial over concerns about violating federal broadcast regulations. We have also apprised everyone of how multiple social media platforms are #SorryNotSorry for shutting down pages

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