Despite the trend of state legalization of cannabis and overwhelming market attention paid to cannabis companies, owners of cannabis businesses still cannot obtain federal trademark protection for their cannabis related...more
1/8/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Federal v State Law Application ,
Goods or Services ,
Intellectual Property Protection ,
Marijuana ,
Medical Foods ,
Medical Marijuana ,
Plant Based Products ,
Regulatory Oversight ,
Retail Market ,
Retailers ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks
Since the effective date of the 2018 Farm Bill, banking and the inability to acquire financing have been major impediments for the hemp industry. While demand for hemp continues to grow, banking regulations have still been...more
12/5/2019
/ Agribusiness ,
Banks ,
Cannabis Products ,
Consumer Financial Products ,
Controlled Substances ,
Controlled Substances Act ,
Debit and Credit Card Transactions ,
Decriminalization of Marijuana ,
Deregulation ,
Farm Bill ,
Financial Regulatory Reform ,
Financial Services Industry ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
New Guidance ,
Regulatory Oversight ,
Regulatory Requirements ,
Small Business Loans ,
Suspicious Activity Reports (SARs)
Should landlords care what business their tenants are operating? The obvious general answer of “yes” now has a more detailed and important caveat. If your client is retailing goods, you as a landlord may be liable if those...more
11/27/2019
/ Commercial Tenants ,
Contributory Infringement ,
Counterfeiting ,
Illegal Activity ,
Intellectual Property Protection ,
Landlords ,
Liability ,
Retailers ,
Shopping Centers ,
Trademark Infringement ,
Trademarks
On October 10, 2019, the Florida Department of Agriculture and Consumer Services (the “Department”) published the Notice of Proposed Rules for the State Hemp Program (the “Rules”). ...more
10/15/2019
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Certification Requirements ,
Comment Period ,
Department of Agriculture ,
Dietary Supplements ,
Florida ,
Hemp ,
Licensing Rules ,
Marijuana Cultivation ,
NPRM ,
Plant Based Products ,
Public Comment ,
Public Hearing ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government
In response to Hurricane Dorian, Governor Ron DeSantis has issued Executive Order No. 19-190 (reaffirming and amending Executive Order No. 19-189) declaring a state of emergency for all 67 counties in the state of Florida. ...more
9/6/2019
/ Building Permits ,
Development Approval Extensions ,
Executive Orders ,
Extensions ,
Florida ,
Hurricane Season ,
Natural Disasters ,
Real Estate Development ,
Severe Weather ,
State and Local Government ,
State of Emergency
On June 25, 2019, Gov. Ron DeSantis signed Senate Bill 1020 (“SB 1020”) which creates an industrial hemp program in Florida and regulates the statewide cultivation and sale of hemp products. Since the 2018 Farm Bill’s removal...more
The battle over whether medical marijuana can be smoked by qualified patients came to an end on March 18th, 2019, when Governor DeSantis signed SB 182 into law. ...more
It may be hard to believe, but it’s been 22 years since California became the first state to permit the legal use of medical marijuana. In the years since, it has been impossible to ignore the changing tide of public opinion...more
The recent Tax Court decision, Alterman v. Commissioner, struck yet another tax blow against the growing medical marijuana industry.
...more
6/18/2018
/ Business Expenses ,
Business Taxes ,
Dispensaries ,
IRS ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
Tax Court ,
Tax Deductions ,
Tax Liability ,
Tax Penalties ,
Tax Planning
On Tuesday, June 5, 2018, the Lake County Board of County Commissioners will consider an ordinance that, if passed, will raise transportation impact fee rates for all developments located in the central and northern sections...more
On March 23, 2018, Governor Rick Scott signed House Bill 1447 into law, paving the way for easier access to alcoholic beverage licenses for restaurants located in certain parts of downtown Orlando....more
Developers often pay more to handle projects that face public opposition, but it isn't often that developers get paid by such opposition groups....more
In an update to our recent eblast, the Seminole County Board of County Commissioners has approved the...more
On January 16, 2018, the Osceola County School Board voted to approve new school impact fees for all residential developments. The proposed ordinance — which has not yet been passed by the Osceola County Board of County...more
On January 4, 2018, U.S. Attorney General Jeff Sessions issued a memorandum (the “Sessions Memo”) on marijuana enforcement which rescinded the existing Obama-era Cole Memorandum....more
1/9/2018
/ Cole Memorandum ,
Criminal Prosecution ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Dispensaries ,
Enforcement Actions ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
Trump Administration
Though over 71% of Florida voters in 2016 approved Amendment 2 to allow medical marijuana, the numbers were higher in Orange County. Over 73% of Orange County voters said yes to Amendment 2, and that support was reflected in...more
On Monday, November 6, 2017, the Osceola County Board of County Commissioners approved, by a 3-2 vote, an ordinance for a 180-day moratorium on certain types of development that require Comprehensive Plan Amendments (CPAs)...more
The Department of Health has finally released the new Medical Marijuana Treatment Center (“MMTC”) license application and proposed rules, all of which can be found at...more
The Department of Health (“DOH”) has issued only seven medical marijuana dispensing organization licenses, and based on draft rules proposed this week, that number may not change. ...more
By an overwhelming 71% of voters saying “yes” to Amendment 2 on Election Day, Floridians successfully made Florida the first Southern state to legalize medical marijuana....more
In Florida, the controversial fight for expanded use of medical cannabis has been led by groups of impassioned advocates who were narrowly defeated on the 2014 State ballot initiative. However, in light of Florida’s recent...more
Changes to Florida’s Beverage Laws have drawn attention and controversy over recent years as groups ranging from small craft breweries to major retail vendors have lobbied for legislative amendments to the State’s...more
7/5/2016
/ Beer ,
Breweries ,
Distributors ,
Licenses ,
Licensing Rules ,
Restaurant Industry ,
Retail Market ,
Retailers ,
Tax Assessment ,
Tobacco ,
Tobacco Regulations ,
Wine & Alcohol