Category: Legal

Harborside decisions provide guidance on IRC 280E

February 28th, 2019

Harborside, one of the most well-known and iconic cannabis dispensaries in the country, recently found itself on the wrong side of two U.S. Tax Court opinions that will reverberate through the entire cannabis industry. On Nov. 29, 2018, the tax court issued the first opinion regarding the Oakland-based retailer’s deduction…

Read More >

One State Over the Line

February 27th, 2019

In the past two years alone, state-licensed producers in Oregon have harvested more than 3.6 million pounds of usable marijuana. At the current pace of sales, that’s enough to last them nearly eight years. “We have an economic catastrophe over here,” says Adam Smith, the founder and executive director of…

Read More >

Will the Midwest’s blue-collar unions join the green rush?

February 7th, 2019

Voters in Michigan have now given recreational marijuana its first toehold in the traditional Midwest as the progressive movement has expanded beyond the coasts and mountains. The possibility of additional Midwestern states, including Ohio and Illinois, voting for recreational marijuana in 2019 and 2020 further proves that a growing number…

Read More >

Would the 2018 Farm Bill legalize CBD everywhere?

February 4th, 2019

Democrat Michael Bennet and Republican Cory Gardner — both Colorado senators — expressed great delight when the U.S. House and Senate announced they finally agreed in principle on the substance of the 2018 Farm Bill. Bennet said his goal was to get a bipartisan Farm Bill passed before 2019 —…

Read More >

Court says USPS can be used to ship CBD products

February 1st, 2019

Last November, in a significant win for the CBD industry, on appeal, a federal court governing the U.S. Postal Service ordered the USPS to return a package of Farm Bill-compliant CBD isolate that it had unlawfully seized in transit. The package, sent from a Colorado Department of Agriculture pilot program…

Read More >

Legal cannabis businesses and neighborly conduct

January 24th, 2019

Cannabis operators across the United States collectively, but cautiously, breathed a sigh of relief in early November, as in the first federal trial of its kind a jury refused to award damages to plaintiffs alleging that a neighboring cannabis facility violated the Racketeer Influenced and Corrupt Organizations (RICO) Act. Essentially,…

Read More >

Patent Rights and Cannabis Therapeutics

January 17th, 2019

In recent months, the landscape for the use of CBD in the treatment of medical conditions and the value of the intellectual property rights associated with cannabis-derived pharmaceuticals has shifted dramatically. On June 25, 2018, the Food and Drug Administration (FDA) made history when it approved Epidiolex for the treatment…

Read More >

Contrary to news reports, cannabis insurance does exist

January 10th, 2019

From fires in California to hurricanes in Florida and Puerto Rico, the cannabis industry has been hit hard in recent years by natural disasters. Cannabis companies face some unique challenges in purchasing insurance and attempting to obtain coverage for losses, but insurance coverage — contrary to certain media reports —…

Read More >

Does the OLCC have unlimited rights to inspect premises?

November 29th, 2018

As Oregon’s adult-use cannabis industry matures and licensed cannabis businesses become more established, the Oregon Liquor Control Commission (OLCC) has shifted to vigorous enforcement of cannabis businesses. However, in this age of enforcement, it is important for state-licensed businesses to consider the limits of the agency’s enforcement powers. Chief among…

Read More >

Federal trademark protection for cannabis brands

November 29th, 2018

There’s a common misconception in the cannabis industry that it is not possible to obtain federal trademark protection for brands. In fact, it is possible, and we are not referencing federal registration for hats and T-shirts which is pretty meaningless unless you are in the clothing business. So how do…

Read More >