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Oregon Initiative Legalizes Recreational Use of Marijuana—What Does that Mean for Employers?

On Nov. 4, 2014, Oregon voted to decriminalize, regulate, and tax the production, delivery, and possession of marijuana. Oregon joins Alaska, Colorado, Washington, and Washington, D.C. in legalizing recreational marijuana...more

What Does Alaska’s and Oregon’s Legalization of Marijuana Change for Employers? Answer: Probably Not Much

In this week’s mid-term election on November 4, Oregon, Alaska, and the District of Columbia became the latest jurisdictions to pass referendums decriminalizing the recreational possession and use of small amounts of...more

Alaska Passes Initiative to Legalize Recreational Use of Marijuana—What Does that Mean for Employers?

Alaska voted on Nov. 4, 2014, to decriminalize possession, use, display, purchase, and transport of marijuana. Alaska has now joined Colorado, Washington, Oregon, and Washington, D.C. in legalizing recreational marijuana use....more

Legal Landscape and Guidance for Companies Involved in Marijuana Activity

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

Will Minnesota's New Medical Marijuana Law Leave Employers High and Dry?

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

Medical Marijuana Dispensaries and Commercial Real Property Lenders—What is the Dope?

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

Clearing the Haze: Rohrabacher Amendment Does Not Change Federal Policy Regarding Medical Marijuana

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

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

Court of Appeal Affirms Marijuana Cultivation Conviction, Narrowly Construing California’s Medical Marijuana Immunities

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

How a Conflict of State and Local Laws Can Muddy Open Carry Laws

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

Despite FinCEN and Department of Justice Guidance, Difficulties Remain for Financial Institutions Providing Services to...

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

Marijuana, Banking, and the “10-Foot Pole”

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

California Supreme Court Declines Review of Cases Invalidating Local Bans on Sex Offenders

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

Tenant’s Use – Illegal or Not?

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

Utah Passes “Charlee’s Law”

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

Kentucky Legalizes Marijuana Oil

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

Decriminalization and Legalization of Marijuana

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

Marijuana Taxation Update: State Sanctioned Marijuana Industry Must Keep the Federal Anti-Drug Trafficking Tax Code in Mind

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

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

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

Anti-Money Laundering Compliance Update: FinCEN Issues Guidance For Financial Institutions Providing Services To Marijuana-Related...

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

FinCEN Guidance On Bank Secrecy Act Expectations Regarding Marijuana-Related Businesses

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

The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in U.S. criminal/regulatory...

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

The Legalized Marijuana Industry’s Evolution Is An Exercise In Banking Compliance

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

Making it Legal - Washington State’s New Pot Laws Finally Finalized

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

Nevada’s New Medical Marijuana Law—Now What?

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

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