We’re starting to see a distinct trend with state-sanctioned marijuana operational licenses: the “pay-to-play, greatest barrier to entry” model. In this sort of system, there is usually some combination of the following, all geared towards reducing the number of cannabis businesses actually granted a license and towards making sure that those with licenses are very well-funded:
Here in New York, it feels like we are (finally) off to the races. The New York State Department of Health recently posted the application for medical marijuana manufacturers and dispensaries, with two very important deadlines. The first is a May 5 at 4:00pm EST deadline to submit any questions to the Department regarding the application.
Earlier this week, Federal Judge Kimberly Mueller denied a motion to declare unconstitutional marijuana’s listing as a Schedule 1 drug. Schedule I drugs have no recognized medical value, have a high potential for abuse, and cannot be safely administered even under a doctor’s supervision. To put it bluntly, no sane person believes any of those things. We
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
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,
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
Almost everyone in the cannabis industry loathes Section 280E of the Federal Income Tax Code. For more on why this is the case, check out In the Wake of Marijuana Legalization, It’s Time to Repeal Section 280E. Section 280E prevents cannabis producers, processors and retailers from deducting expenses from their income, except for those considered
If you follow us on Facebook, you probably know about our ongoing saga with the social media giant over its having banned our promoting our page or our posts. Why is Facebook blocking us from promoting content from the Canna Law Blog on its pages? According to the Facebook Advertising Guidelines, and from what we have been
Now that four states have legalized recreational marijuana and another twenty or so states have legal medical marijuana regimes, we are hearing people talk about how taking their legal pot across state borders by car or by air is no big deal. Unfortunately, it is a big deal. A really big deal. It should first
“Not in My Back Yard,” or NIMBY, seems to be the word of the day for the marijuana industry and this is not a good thing. With legalization taking over state by state, NIMBY neighbors are coming out in large numbers to go after marijuana businesses. NIMBYs can be aggressive and, in our experience, will
