News & Analysis as of

Dispensaries Federal v State Law Application

Bradley Arant Boult Cummings LLP

Not My Problem: Connecticut Federal Court Rules Hemp Lawsuit Is a State Issue

I adore the film (and, as always, I stress the word “film”) Trading Places. It has it all: Eddie Murphy hitting his prime, a wonderfully smug Dan Akroyd, Jamie Lee Curtis doing her thing, and it’s all wrapped up in a...more

Nelson Mullins Riley & Scarborough LLP

The Unfair Contradiction of the Conflict of State and Federal Laws on the Bankruptcy Proceedings of Dispensary Employees

There is seemingly, in the opinion of a great number of bankruptcy courts, a conflict between the United States Bankruptcy Code requirements that a debtor reorganize or liquidate “in good faith,”  the federal Controlled...more

Partridge Snow & Hahn LLP

U.S. Supreme Court Justice Says Current Federal Cannabis Prohibition is "Contradictory and Unstable"

Last month, the U.S. Supreme Court denied review of a case out of Colorado dealing with a medical marijuana dispensary’s challenge to a tax code provision. After denying review, Justice Thomas—one of the Court’s most...more

Lowndes

Marijuana Tenants and the Effects on Landlord’s Rights in Bankruptcy

Lowndes on

Though states continue to legalize the use and sale of marijuana for medicinal and recreational uses, under federal law, marijuana remains an illegal “Schedule 1” drug pursuant to the Controlled Substances Act. ...more

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

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In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Ballard Spahr LLP

Banking and Marijuana, Redux: Utah Department of Financial Institutions Commissioner Declares Opposite Position to New York’s...

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As we just blogged, the New York State Department of Financial Services (“NYDFS”) has published guidance to “clarify the regulatory landscape and encourage” New York, state-chartered banks and credit unions to “offer banking...more

Ballard Spahr LLP

The Medical Marijuana Industry and AML: Opportunities and Risks

Ballard Spahr LLP on

New York State Encourages Banking for State-Licensed Medical Marijuana Businesses – Whereas a Maine Company Runs Into Trouble, Despite State Law Legalizing Medical Marijuana....more

McAfee & Taft

Gavel to Gavel: Needs of the medical marijuana industry

McAfee & Taft on

The business community is abuzz with anticipation for the future of the medical marijuana industry in Oklahoma. The June election saw Oklahoma approve one of the nation’s most expansive medical marijuana laws, and more ballot...more

McAfee & Taft

After passage of SQ 788, ethical hurdles remain for lawyers

McAfee & Taft on

Months prior to the vote on SQ 788, attorneys were fielding inquiries about the legal requirements necessary to participate in the medical marijuana industry. Those inquires have multiplied immensely since the passage of SQ...more

K2 Integrity

Buds and Booze: Lessons from Prohibition Could Inform Marijuana Industry

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Reading the leaves regarding the potential decriminalization of marijuana is confusing and contradictory; however, one certainty is that the intoxicating combination of a cash-rich industry and a multitude of sometimes...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

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