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Banking for Marijuana Businesses on the Rise

by Garvey Schubert Barer on

The Financial Crimes Enforcement Network (“FinCen”) issued a Marijuana Related Business update in June with data from the first quarter of 2017. FinCen reports that the number of depository institutions that are actively...more

Arizona appellate court takes the high road and enforces a commercial lease to operate a medical marijuana dispensary

by Thompson Coburn LLP on

In a case of first impression in Arizona, the Court of Appeals in Green Cross Medical, Inc. v. Gally (April 18, 2017) held that a lease to operate a medical marijuana dispensary was not void from its inception, either under...more

Arizona case could point way on enforcement of commercial leases for medical marijuana dispensaries

by Thompson Coburn LLP on

Just across the California-Arizona border, there’s an appellate case worth paying attention to, because it could signal whether California courts will hold that a commercial lease to operate a medical marijuana dispensary is...more

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

by Garvey Schubert Barer on

Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more

Recreational Cannabis — Section 280E and Tax Efficient Structuring

by Lane Powell PC on

I. The Conflict: The long arm of federal law Recreational cannabis businesses operate in a world of conflicting state and federal laws. Several states have legalized recreational cannabis, yet, under federal law, cannabis...more

Recreational Cannabis — Section 280E and Tax Efficient Structuring

Recreational cannabis businesses operate in a world of conflicting state and federal laws. Several states have legalized recreational cannabis, yet, under federal law, cannabis remains an illegal Schedule I drug under the...more

Medical Marijuana Update—More Confusion by the Federal Government

by Ervin Cohen & Jessup LLP on

In my post of June of last year, I wrote about the dangers that commercial lenders may face should they provide financing to borrowers who lease to medical marijuana dispensaries real property that is pledged as collateral...more

Legal Landscape and Guidance for Companies Involved in Marijuana Activity

by Holland & Knight LLP on

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

Creaking Open the Doors for Marijuana Businesses May Be Big Risk

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

Tenant’s Use – Illegal or Not?

by K&L Gates LLP on

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

FinCEN Issues Guidance for Financial Institutions Seeking to Provide Services to Marijuana-Related Businesses

by Goodwin on

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

An Identifiable Risk to Collateral Property That Is Used In The Marijuana Business

by Sherman & Howard L.L.C. on

The legalization under state law of the marijuana business in Colorado through Amendment 20 (medical marijuana) and Amendment 64 (recreational marijuana) (Amendment 20 and Amendment 64 shall be referred to collectively as the...more

CFPB to make first preemption determinations

by Ballard Spahr LLP on

The CFPB intends to determine whether certain provisions of Maine and Tennessee laws relating to unclaimed gift cards are preempted by federal law on gift card expiration dates. The CFPB’s rulings will represent the agency’s...more

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