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Many states now permit the use of marijuana for medical or recreational purposes and the federal government has revised certain enforcement policies related to marijuana-related crimes.
The possession, use,...more
Minnesota recently became the 22nd state to legalize medical marijuana use and, as part of the new law, to enact new potential employment protections for registered users of medical marijuana. Minnesota’s new marijuana law...more
Numerous articles have been published about medical marijuana dispensaries. In fact, I read in an article last week that a bipartisan coalition of members of the House of Representatives recently voted to restrict the Drug...more
Notwithstanding current news reporting to the contrary, the medical marijuana industry should not rely on the Rohrabacher amendment to preclude enforcement of federal drug laws. Before those in the medical marijuana industry...more
Banks struggling with the question of whether – and how – to work with marijuana-related businesses can look to Colorado and Washington for ideas, but will do so at their own risk if the ongoing dialogue between FinCEN and...more
The Medical Marijuana Program Act (“Act”) provides for limited immunity from state marijuana prohibitions. In People .v Mitchell (April 29, 2014) — Cal. App.4th —, the California Court of Appeal held that the Act’s immunity...more
A Texas Federal Appeals Attorney Discusses Texas’s Open Carry Law -
Texas is one of a few states that has an “open carry” law, at least as it relates to long guns or rifles. This means that in some circumstances it may be...more
As more States move towards the legalization of marijuana in various forms and to various degrees, marijuana is quickly becoming a growing and profitable industry. Despite changing state legislation, the federal government...more
On February 14, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued guidance aimed at clarifying Bank Secrecy Act expectations for financial institutions interested in providing services to marijuana-related...more
Supreme Court Leaves Intact Court of Appeal Cases Holding That State Law Preempts Some Local Sex Offender Ordinances -
Local laws regulating where sex offenders may go are likely now invalid following the California...more
Impact on lease provisions of state laws allowing marijuana cultivation and distribution.
The State of California was a pioneer in legalizing the use, distribution, and cultivation of marijuana in varying forms. In...more
In the wake of the recent vote in Kentucky that allowed cannabis oil to be administered to patients (particularly children) suffering from severe epilepsy, the governor of Utah has signed a bill passing “Charlee’s Law,” which...more
Recently, the vastly conservative state of Kentucky Senate unanimously voted (38-0) to pass a bill that would legalize the medical use of marijuana oil. The bill was largely supported by the Kentucky state governor, as well...more
At the start of this year, Colorado was the first state to implement the legal use of recreational marijuana. It is a huge milestone and an ongoing battle to make weed decriminalized and legal in the United States. While the...more
As we have previously reported, despite the growing number of States that have authorized the use of marijuana in various forms, the federal government has continued to crack down on dispensaries. In addition to direct...more
The Financial Crimes Enforcement Network (“FinCEN”) issued guidance (the “Guidance”) to clarify FinCEN’s expectations as to how financial institutions (“FIs” and each an “FI”) will meet their compliance requirements under the...more
On February 14, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued its guidance “BSA Expectations Regarding Marijuana-Related Businesses” in an effort to clarify Bank Secrecy Act (“BSA”) expectations for...more
Full text copy of the Department of Treasury Financial Crimes Enforcement Network (FinCEN) guidance clarifying the Bank Secrecy Act expectations for financial institutions seeking to provide banking services to...more
A common scenario in which the privilege against self-incrimination is threatened occurs when a person is party to criminal or regulatory proceedings in the United States (U.S.) and civil litigation in Canada....more
On Jan. 1, recreational marijuana officially went on sale in Colorado, marking the first state in the Union to permit the recreational sale and use of marijuana. For the last year — following the passage of Amendment 64,...more
Finally, after almost one year of planning, debate, and hearings, Washington State adopted new regulations related to the growth, sales, and regulation of marijuana. Residents of Washington at last have the information they...more
Despite the unsettled nature of federal enforcement of the federal criminal drug laws in the context of state medical marijuana laws, the Nevada Legislature enacted Senate Bill No. 374 during its recently completed 77th...more
The elephant in the room in West Africa, so to speak, and the suppression of piracy is corruption....more
On Thursday, the U.S. Department of Justice finally addressed its enforcement strategy as it relates to the recent Washington and Colorado initiatives legalizing marijuana in those jurisdictions. In a memo issued to U.S....more
On July 10, 2013, U.S. Representatives Ed Perlmutter (D-Colorado) and Denny Heck (D-Washington) introduced the “Marijuana Businesses Access to Banking Act of 2013” (“Access to Banking Act”) in the United States House of...more
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