News & Analysis as of

Marijuana Related Businesses Federal v State Law Application Marijuana

Troutman Pepper

Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

Troutman Pepper on

On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more

Seyfarth Shaw LLP

The Week in Weed: October 2023 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see there’s a controversy over cannabis use and gun ownership by police officers in Jersey City, New...more

DarrowEverett LLP

Does Involvement in the Cannabis Industry Preclude Your Business From Bankruptcy Protection?

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Despite the growing public acceptance of marijuana and the fact that a majority of states have legalized marijuana for medicinal purposes (37 states and the District of Columbia have enacted medical marijuana legislation),...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

McGuireWoods LLP

Edible Bites Episode 8: Impact of Cannabis Legalization on Government Contractors

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In the newest episode McGuireWoods’ Edible Bites video series, Kate Hardey, Royce DuBiner and Rose Stern explore common questions and red flags for government contractors given the current conflict between state and federal...more

Butler Snow LLP

States’ Efforts to Blunt Federal Criminalization of Marijuana

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Medical marijuana will be on the ballot this November in Mississippi. Initiative 65 proposes to amend the Mississippi Constitution to allow citizens, certified by physicians, to use medical marijuana. For the most part,...more

Lowndes

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

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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

Amundsen Davis LLC

[Webinar] The Future of Medical Marijuana in Missouri: Dealing With the Disconnect Between State & Federal Law - September 18th,...

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Businesses in the cannabis industry operate in an environment of sharply conflicting laws and stringent regulations. Now that Missouri appears poised to join the 30 states (so far) that have implemented medical cannabis...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

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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

Extreme caution in marijuana contracts: Bankruptcy relief not available

McAfee & Taft on

With the passage of SQ788, Oklahoma voters have created a new industry rife with opportunities for Oklahomans. From cultivation, processing, and selling, as well as the services that will support medical-marijuana businesses,...more

Farrell Fritz, P.C.

NYS Department of Health Report Green Lights Legalization of Marijuana

Farrell Fritz, P.C. on

In January 2018, during the Executive budget address, Governor Cuomo directed the Department of Health (DOH) to review the health, criminal justice and economic impacts of regulating recreational marijuana in New York. ...more

McAfee & Taft

After passage of SQ 788, ethical hurdles remain for lawyers

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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

Miller Starr Regalia

Do You Feel Lucky, Banker? The Shaky Prospects For Financial Transactions With Marijuana-Related Businesses

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Federal law prohibits the manufacture, possession, or use of marijuana for any purpose, including medical purposes. This prohibition notwithstanding, as of January of 2018, 29 states plus the District of Columbia have...more

Perkins Coie

Ninth Circuit Reinforces Need for Due Diligence When Doing Business With the Cannabis Industry

Perkins Coie on

In recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies. One principle we stressed is the need to...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

Cozen O'Connor

Part 1 of 2: The Impact of Marijuana for Employers

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This episode begins a two-part bonus series looking at the impact of recent marijuana regulation on employers. Today’s part one episode features a roundtable discussion on the policies and politics of cannabis....more

Knobbe Martens

Cannabis Considerations: Protecting your Cannabis Innovation

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Introduction – Is Patenting Cannabis Legal? Early protection of intellectual property is a critical component in any business’s efforts to secure a competitive advantage in the marketplace. In the cannabis space, efforts...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Dentons

CBD and Hemp Products

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We receive many questions regarding the legality of CBD (cannabidiol) and hemp products in Iowa. While there appear to be widely different views on the legality of CBD, it is currently classified as a Schedule I controlled...more

Burns & Levinson LLP

Assessing the Sessions Memo’s Impact on Legalized Marijuana

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As most are by now likely aware, last Thursday, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys entitled “Marijuana Enforcement,” which noted that decisions to prosecute even legal marijuana have...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

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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

Burns & Levinson LLP

Sessions Nixes Cole Memo

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Earlier today, Attorney General Jeff Sessions issued a memorandum rescinding several Obama-era policies (notably outlined in the Cole Memo) regarding the possession, distribution, and cultivation of marijuana. Whereas the...more

Mintz - Health Care Viewpoints

Sessions Memo Resets Federal Marijuana Enforcement Policy

The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established...more

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