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cannabis banking
Canna Law Blog

Cannabis Banking: Thoughts on FinCEN’s Latest Report

FinCEN drops new marijuana-related business banking data The Financial Crimes Enforcement Network (FinCEN) is a bureau in the U.S. Department of Treasury. Last week, it published updated Marijuana Related Business (MRB) Metrics. The metrics are current through December 2024. The update was a little surprising, in the sense that FinCEN seemed to abandon its regular

cannabis trademark
Canna Law Blog

Federal Court Rejects “Illegality Defense” in Cannabis Trademark Case

The creative defense that failed A trademark infringement defendant argued it couldn’t be sued in federal court because its cannabis business was engaged in illegal activity under federal law. This seemingly clever strategy fell flat in Colorado federal court, representing the latest decision in a growing trend of federal judges retaining cannabis-related litigation despite the

Shelves in a store display various cannabis-infused beverages and products, each labeled with price tags indicating discounts.
Canna Law Blog

Cannabis Licensing Moves Forward Across Minnesota

We have been on the Minnesota cannabis bandwagon for a while. Like a lot of programs, this one has been slow to roll out, and not without its share of hiccups. That said, it’s not New York, and I still firmly believe that Minnesota could be a great cannabis state. In this post, I’ll give

Webinar announcement titled "Cannabis Without Borders: Navigating International Opportunities & Regulatory Trends" with images of a globe, cannabis leaf, and two attorney speakers, Vince Sliwoski and Jason Adelstone.
Canna Law Blog

FREE Webinar This Thursday, August 28: Cannabis Without Borders

Register here The widening cannabis policy gap Despite the United States’ draconian federal policies towards marijuana—which more closely resemble prohibitionist countries like Russia, rather than our Canadian or German allies—the world is embracing cannabis reform at an unprecedented pace. As American entrepreneurs wrestle with complex state-federal conflicts, 280E tax burdens, and banking restrictions, international markets

cannabis dormant commerce clause
Canna Law Blog

Federal Appeals Court Rejects Preferences for In-State Cannabis Applicants

A federal appellate court has ruled that a New York cannabis licensing rule favoring in-state residents is unconstitutional, because it discriminates against applicants residing out-of-state. We have been tracking this case for the past couple of years — see our prior posts here and here. This decision by the Second Circuit Court of Appeals is

Webinar announcement titled "Cannabis Without Borders: Navigating International Opportunities & Regulatory Trends" with images of a globe, cannabis leaf, and two attorney speakers, Vince Sliwoski and Jason Adelstone.
Canna Law Blog

FREE WEBINAR: Cannabis Without Borders: Navigating International Opportunities and Regulatory Trends

Register here The widening cannabis policy gap Despite the United States’ draconian federal policies towards marijuana—which more closely resemble prohibitionist countries like Russia, rather than our Canadian or German allies—the world is embracing cannabis reform at an unprecedented pace. As American entrepreneurs wrestle with complex state-federal conflicts, 280E tax burdens, and banking restrictions, international markets

Red Zia symbol of New Mexico centered over a background of yellow-tinted New Mexico hemp leaves.
Canna Law Blog

New Mexico Emergency Hemp Rules: The Regulatory Gap and Market Impact

Effective August 1, 2025, the New Mexico Environmental Department (NMED) issued emergency amendments to New Mexico’s Hemp extraction, production, transportation, warehousing, and testing administrative code. These amendments were created to address concerns with the production and use of synthetic hemp cannabinoids found in finished products. The primary goal of NMED appears to be the protection

cannabis business
Canna Law Blog

Your Cannabis Business: Consistent Filings are Critical

I have helped people buy, sell and invest in hundreds of cannabis businesses. I’ve represented many hundreds more. One thing that makes my job harder, at times, is working with cannabis businesses that have misaligned public records and reporting. There are three pillars of public reporting, or disclosures, that a cannabis business should strive to

marijuana schedule III
Canna Law Blog

Marijuana to Schedule III is Necessary, But Let’s Be Honest About Its Limits

With so much discussion around the potential rescheduling of marijuana to Schedule III under the Controlled Substances Act (CSA), we must have an honest conversation about what such a move will—and more importantly, won’t—accomplish. Let me be clear: marijuana absolutely needs to be removed from Schedule I. In fact, it should not be scheduled at

olcc marijuana rules litigation
Canna Law Blog

OLCC Litigation Updates: Unionization, Tax Compliance Rules

As far as I know, the OLCC is a party to two, separate litigations surrounding its administrative rules. The first lawsuit relates to Ballot Measure 119, which is a unionization measure applicable to most classes of Oregon marijuana licensees. The second lawsuit concerns rules that require retail applicants to acquire a certificate of tax compliance