Category: Legal

Invest in legal infrastructure to protect market share

August 3rd, 2018

Some states have legalized medical marijuana and others allow recreational use, yet the federal government still classifies marijuana as a Schedule I drug, alongside heroin, LSD and ecstasy. Although the U.S. attorney general rescinded the Cole Memo, ending the Department of Justice’s approach of non-interference with marijuana-friendly state laws, the…

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Criminal justice reform in the U.S. makes slow progress

July 31st, 2018

Marijuana used to land you in jail; now it can land you on the Forbes list. However, while states across the country are decriminalizing cannabis and instituting their own medicinal and recreational programs, hundreds of thousands of nonviolent people — mostly black people — still currently sit behind bars or…

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California edibles rules: What’s in those brownies?

July 26th, 2018

With adult use of cannabis now legal in California, some food companies may be considering adding cannabis-infused edibles to their product lines. According to Forbes, edibles may account for more than half of the growth in the booming cannabis industry, as high-end food products infused with cannabis and cannabinoids are…

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Tips to fight fraud: ‘Trust is not control’

July 12th, 2018

The most common saying in the fraud fighting field is “trust is not a control.” This basically means that while you might want to trust somebody, don’t use it as an excuse to not have other methods, or controls, to prevent fraud. The first steps should be to limit opportunities…

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Ad rules set in Massachusetts, but federal law creates uncertainty

July 3rd, 2018

Barring any last-minute surprises, adults in Massachusetts will be able to purchase marijuana in licensed retail establishments beginning July 1. The state’s Cannabis Control Commission has been working overtime to finalize regulations, including rules for advertising cannabis products. After a series of public meetings and more than 500 public comments,…

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Duty-bound: Director liability for cannabis businesses

July 2nd, 2018

As the cannabis industry matures, the shuffling of corporate directors has received widespread attention, shedding light upon the manner by which directors are required to serve their companies and shareholders. These days, directorship with any cannabis company is a coveted role that requires navigating ethical predicaments unique to the cannabis…

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DEA classification of CBD survives lawsuit

June 29th, 2018

The 9th Circuit Court of Appeals issued its decision in Hemp Industries Association, et al. v. U.S. Drug Enforcement Administration (Case No. 17-70162), siding against industry attorneys who argued that the DEA’s new rule essentially adds cannabis extracts, specifically CBD, to the Controlled Substances Act as a Schedule I substance…

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Insurance for cannabis: Not yet business as usual

June 15th, 2018

The legalization of cannabis in several states is helping the industry gain access to insurance products taken for granted in other economic sectors. But there is still a long way to go until the cannabis industry becomes completely normalized. Although most state and local governments have strict licensing requirements, including…

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An Analysis of Hemp Industries Association v. the DEA

June 10th, 2018

The Ninth Circuit Court of Appeals issued its decision in Hemp Industries Association, et al. v. U.S. Drug Enforcement Administration (Case No. 17-70162), siding against industry attorneys who argued that the DEA’s new rule essentially adds cannabis extracts, specifically CBD, to the Controlled Substances Act (CSA) as a Schedule I…

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Dismissed federal lawsuit heads to court of appeals

June 1st, 2018

The most comprehensive cannabis lawsuit ever filed against the federal government has been dismissed — through a questionable procedural technicality. The lawsuit, filed in July 2017 against U.S. Attorney General Jeff Sessions, the Department of Justice, the DEA and the federal government, asserted that the classification of cannabis as a…

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