Cannabis Law Report

AUGUST 23, 2021

Section 280E denies deductions and credits for amounts paid or incurred in carrying on the trade or business of trafficking controlled substances (within the meaning of Schedules I and II of the CSA), in violation of federal or state law. [13] CCH) 141, *5–6 (2015); Olive v. 2015), aff’d sub nom. Canna Care, Inc.

Business 105

Business Cannabis Law Legislation 105

Cannabis Law Report

OCTOBER 9, 2019

Supreme Court declined Monday to hear a case by a marijuana business arguing that state laws allowing pot sales should not be overridden by a federal law prohibiting business tax deductions for the sale of illegal substances. @ law 360 [link].

State Laws 55

State Laws Law Business Marijuana 55

The Blunt Truth

NOVEMBER 28, 2018

State law allows employees to use CBD oil, while other laws allow employers to fire workers for using it. After the Agricultural Act and Farm Bill in 2014 drew some attention to hemp, the Industrial Hemp Farming Act of 2015 removed hemp from the controlled substance schedule so long as there was no more than.3%

Oil 70

Oil CBD Legislation Hemp 70

Canna Law Blog

SEPTEMBER 1, 2019

Long before that bill failed, the Idaho Attorney General issued an informal opinion (see pages 132-134) on the legality of Hemp-CBD in 2015. The Idaho Office of Drug Policy’s webpage on CBD Drug Policy indicates that Idaho’s position on CBD has not changed as of June 2019 and that the informal opinion from 2015 is still followed.

Hemp 83

Hemp CBD Seed-To-Sale Cultivation 83

The Joint Blog

JANUARY 27, 2020

Arrests for marijuana-related crimes plummeted by a range of 63% and roughly 80% from 2015 to 2018 in the five largest suburbs: These include Aurora, Naperville, Elgin, Joliet and Waukegan. The state had deemed most of these communities as neighborhoods with high numbers of such arrests, the Aurora Beacon-News reported.

Marijuana 50

Marijuana Concentrates Data State Laws 50

Cannabis Chronicles

DECEMBER 26, 2018

State laws prohibits anyone convicted of a felony in the past 10 years or two misdemeanors in the past three years from possessing a marijuana license. Growstate has sold $7 million worth of marijuana since 2015, according to state records.

Legalization 100

Legalization Marijuana Business Extraction 100

The Blunt Truth

JULY 25, 2023

STATE OF PLAY The United States Trustee Program (“USTP”), as the bankruptcy system watchdog, has long taken the position that the system may not be used as in instrument in committing a crime, and that trustees and estate fiduciaries may not administer assets in violation of federal criminal law. [1] 3] In re Arenas , 535 B.R.

Hydroponic 52

Hydroponic State Laws Dispensary Law 52

Canna Law Blog

MARCH 4, 2020

In recent years, the United States has seen a proliferation of ketamine clinics. From 2015 to 2018, the number of clinics increased from 60 to 300; that number is undoubtedly higher today. Failure to follow these very specific legal directives can lead to immediate criminal liability under federal law.

Therapy 101

Therapy Legalization Chronic Pain DEA 101

Cannabis Law Report

JUNE 16, 2019

Medical marijuana is an even trickier tangle of federal and state laws. Under federal law, marijuana possession and production are still illegal. However, in 2015, Virginia Gov. Ralph Northam signed narrow and specific medical marijuana legislation into law.

Law 55

Law Oil Business State Laws 55

Cannabis Law Report

MAY 21, 2019

The two former officers of Vireo, which has New York dispensaries in White Plains and Johnson City, are accused of using the company’s armored vehicle to illegally transport medical cannabis oil from Minnesota to New York in December 2015.

State Laws 49

State Laws Oil Dispensary Law 49

Canna Law Blog

FEBRUARY 2, 2020

The North Carolina Department of Agriculture (“NCDA”) provides a useful summary of the state’s law regarding hemp cultivation: Hemp production has been legalized in North Carolina, but only as part of the state’s pilot program as allowed under federal law.

Hemp 122

Hemp CBD Agriculture Cultivation 122

Canna Law Blog

FEBRUARY 22, 2019

States have taken a widely different approach to regulating industrial hemp and not all states recognize any difference between industrial hemp and marijuana, regardless of the amount of THC present. I used the following example to illustrate the risks: [B]usinesses must carefully consider how their products reach consumers.

Hemp 107

Hemp Agriculture Cultivation CBD 107

Cannabis Law Report

NOVEMBER 19, 2021

New Mexico first approved the drug’s medical use in 2007, while Picuris Pueblo decriminalized medical pot for members in 2015. A new state law in June broadly legalized marijuana for adults and authorized up to a dozen home-grown plants per household for personal use — with no weight limit. “I

Legalization 52

Legalization Decriminalization Recreational State Laws 52

Canna Law Blog

APRIL 15, 2019

The 2014 Farm Bill allows for the limited cultivation of industrial hemp, but that bill requires that hemp be grown pursuant to an agricultural pilot program in compliance with state law. In November 2015, Innovative Nutraceuticals, LLC placed an order for hemp from Spain to L&M Natural Hemp.

Hemp 77

Hemp Agriculture THC Cultivation 77

Cannabis Law Report

JULY 7, 2022

Specifically, the Sixth District found that, while the County is not compelled to return seized property if the property is illegal, the local ordinance at issue “ultimately regulates land use within the County; it does not (nor could it) render illegal a substance that is legal under state law.”.

State Laws 52

State Laws Compliance Compliance Cultivation 52

Cannabis Law Report

MAY 24, 2022

Senate introduced legislation Monday to remove hemp from the state controlled substances list, which would make hemp legal in North Carolina after a pilot program ends July 1. senators recognized a technical change to the state’s law was required to mirror the federal regulations and introduced Senate Bill 762 to address this.

Hemp 52

Hemp Legislation Programs Agriculture 52

Kind Meds (Cannabis Education Blog)

MARCH 9, 2022

The legal landscape for parents who smoke weed is changing and will likely continue to change as marijuana becomes legalized in more states. Keep an eye out for any changes to the laws when it comes to weed, as they will likely affect you and your parenting. Be sure to understand your state law before buying or consuming pot.

Digestion 98

Digestion Consumption Cannabis Recreational 98

Cannabis Law Report

MARCH 19, 2020

23 forum, “The Legalization of Cannabis and Implications Under State Law,” brought together labor and employment lawyers, members of Benesch’s cannabis practice group and in-house counsel from Illinois employers. In the 2015 Colorado case, Coats v. Dish Network , an employee was fired for failing a drug test.

Legalization 76

Legalization Marijuana Law Policy 76

NORML

JUNE 7, 2019

“If it’s state law, it [should be] state law everywhere,” she says, criticizing all the exemptions. “With less than one percent of Texans being eligible for the current Texas Compassionate Use Program, the vast majority of Texas patients have been left behind since 2015.”

Decriminalization 141

Decriminalization Patients Legislation Law 141

Cannabis Law Report

MARCH 15, 2022

Similarly, lifestyle discrimination laws that prohibit an employer from discriminating against an employee for legal activities while off duty were of no avail, because marijuana remained illegal under federal law. These laws typically have two caveats. The leading case in this area, Coats v. Dish Network, LLC , 350 P.3d

Law 97

Law Marijuana THC Hemp 97

Cannabis Law Report

DECEMBER 19, 2019

The appointments were a key step for patients who have been allowed to use the drug since 2015 but had no legal way to buy, grow or transport it. State law allows marijuana oil to treat severe seizures, terminal cancers, Parkinson’s disease and other illnesses.

Programs 45

Programs Marijuana Oil Patients 45

Dykema (Cannabis Law Blog)

APRIL 20, 2023

Recreational use of cannabis in Texas remains restrictive, with law enforcement being inconsistent even between Texas cities. The medicinal use of cannabis in the Texas Compassionate Use Act (the “Act”, 2015), provides for the medical sale and use of cannabis for individuals with specific defined illnesses. Code § 169.001 et seq. [vi]

Law 74

Law Chronic Pain Conditions Medicine 74

Veriheal

SEPTEMBER 15, 2023

Though Georgia is one of the last states to officially legalize medical cannabis, the state has been gradually reforming its laws around low-THC cannabis oil for qualifying patients. In 2015, Georgia passed HB 1, also known as the Haleigh’s Hope Act, allowing medical cannabis oil for medical use.

Programs 64

Programs Legalization Oil Conditions 64

Canna Care Docs

JUNE 21, 2022

Since 2015, Texans with certain medical conditions have had access to medical marijuana through the state’s Compassionate Use Program. The Texas medical cannabis program, called CUP , is a little different from most states’ programs in that it limits THC content. Struggling with painful or uncomfortable symptoms?

Programs 52

Programs Conditions Epilepsy THC 52

Cannabis Law Report

FEBRUARY 19, 2022

As far back as 2015, Georgia established a Low THC Oil Patient Registry , which allowed qualified patients to possess cannabis oil with a total THC content of not more than 5%. Until 2019, however, no law provided a way to access that oil. As of 2015, however, Tennessee authorizes the use of cannabidiol oil with less than 0.9%

Legalization 97

Legalization Seed-To-Sale Programs Dispensary 97

Cannabis Law Report

JANUARY 7, 2020

280E still penalizes cannabis businesses, even when they are regulated and comply with state law. percent of marijuana businesses were audited in 2015, higher than average business at 1.4 The Reagan administration decided it needed to prevent future traffickers from following suit and created 280E. MJBizDaily data found 6.3

Business 45

Business History Data State Laws 45

Cannabis Law Report

JUNE 6, 2022

In 2009 and 2013, the Department of Justice issued memorandums outlining a policy against intruding on state legalization schemes or prosecuting certain individuals who comply with state law. In 2009, Congress enabled Washington D. s government to decriminalize medical marijuana under local ordinance.

Cultivation 52

Cultivation State Laws Business Policy 52

Cannabis Law Report

OCTOBER 27, 2019

280E applies to businesses operating legally under State law, notwithstanding its use of the word “trafficking. The Tax Court was NOT pleased with the position taken by the taxpayer stating, “On July 12, 2018, petitioner filed its motion for partial summary judgment pending before the Court in which it alleges that section 280E: . (1)

State Laws 45

State Laws Dispensary Business Policy 45

Cannabis Law Report

DECEMBER 12, 2019

Compliance with state laws is of little benefit when it comes to federal bankruptcy, banking, and tax codes. Usually this exclusion falls under §1129(a)(3) which bars any plan “forbidden by law.” BAP 2015); In re Medpoint Mgmt., 2015); In re McGinnis , 453 B.R. The Federal Controlled Substances Act 21 U.S.C. §§801-904

Compliance 45

Compliance Compliance Chronic Pain Banking 45

SpeedWeed

MAY 20, 2021

Russell’s past convictions included two 2004 home burglaries and in 2015, unlawful possession of a firearm. 10 years after his break-in conviction, Mississippi changed state law to consider home burglary to be an automatic violent crime. .

State Laws 52

State Laws Dispensary Programs Marijuana 52

SpeedWeed

MAY 14, 2021

As a sovereign nation not subject to state laws, the tribe’s decision to decriminalize cannabis possession of up to an ounce makes it the first area in North Carolina to remove marijuana possession penalties. . In 2015, the Cherokee Indian Hospital Authority invested in two new medical facilities to treat addiction.

Decriminalization 52

Decriminalization Hash Pharmaceutical Programs 52

Cannabis Law Report

NOVEMBER 13, 2019

The appointments were a key step for patients who have been allowed to use the drug since 2015 but had no legal way to buy, grow or transport it. State law allows marijuana oil to treat severe seizures, terminal cancers, Parkinson’s disease and other illnesses.

Programs 45

Programs Oil Patients Access 45

Cannabis Law Report

OCTOBER 24, 2019

By challenging the IRS’s overly aggressive interpretation of the tax law as it applies to cannabis businesses operating legally under State law, we have succeeded in reducing Harborside’s liability from the $36 million originally sought by the IRS to approximately $11 million – a $25 million reduction.

Dispensary 45

Dispensary Packaging Cannabis Retail 45

Cannabis Law Report

NOVEMBER 4, 2019

We are constrained by the law, and Congress has not carved out an exception in IRC Sec.280E 280E for businesses that operate lawfully under State law. 5] The tax year 2015 is significant for two reasons. 3d 1146 [CA-9, 2015] was the first reviewed decision that discussed the phrase “consists of” in IRC Sec.

Dispensary 45

Dispensary Packaging Collective Seed-To-Sale 45

Cannabis Law Report

MARCH 29, 2019

She was the lead staffer and drafter of the MCRSA at the California State Legislature in 2015. . As most people know, state law provides very generous authority to local jurisdictions regarding operational requirements and standards. But now that the regulations are finalized, what’s left for the CAC to do?

Law 45

Law Policy Programs Topical 45

Cannabis Law Report

APRIL 23, 2019

Prior to getting involved in Tax Law, Dionne was a litigator for several years, representing Lenders, Banks and Servicers in Foreclosure actions. In August, Leon County Circuit Court Judge Charles Dodson ruled that the State law requiring vertical integration was flawed, and he stopped short of issuing a temporary injunction.

Banking 45

Banking Marijuana Law Business 45

Cannabis Law Report

JULY 31, 2019

Dish Network, LLC , the Supreme Court of Colorado analyzed whether a state statute prohibiting employers from discharging employees based on “lawful” out-of-work activities prevented employers from terminating employees for using marijuana. [16] 3d 849 (2015). 16] 350 P. 17] Id. [18] 18] Ariz. 19] Conn. 28] Id. [29]

Law 40

Law Legalization Marijuana Policy 40