News & Analysis as of

Marijuana Cole Memorandum

Bradley Arant Boult Cummings LLP

DOJ Just Said the Quiet Part Out Loud in Massachusetts Cannabis Case

It turns out that if you want to know the Department of Justice’s policy on marijuana enforcement, you just have to sue them. In a remarkably candid showing of the DOJ’s current policy concerning marijuana enforcement,...more

Seyfarth Shaw LLP

The Week in Weed: April 2024

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Virginia Governor Youngkin took action on the retail market bill. The Florida Supreme Court handed down...more

Goodwin

Navigating the Hazy Landscape: Challenges and Solutions in Cannabis Payment Processing

Goodwin on

The sale of adult-use cannabis has been legalized in 24 states in the United States. But this does not mean there are no other legal impediments to the cannabis industry in those jurisdictions. For example, cannabis...more

Benesch

Cannabis Industry Quarterly Update: Q2 2023

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There Has Been Little Movement in Federal Legalization. This has led to cannabis investors and companies to downgrade expectations for federal legalization and focus their strategies on state reform. Federal lawmakers...more

McGlinchey Stafford

Marijuana & Banking: What’s the Hold Up? Part 2 – Compliance Challenges

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For financial institutions who engage in marijuana-related banking services, the primary compliance challenge remains the disconnect between federal and state law, as it is still illegal to manufacture, distribute, or...more

Venable LLP

Marijuana Banking in 2022: Lessons Learned and Best Practices

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​​​​​​​As we pass the halfway mark of 2022, it's a good time to reflect on what has happened, or not happened, with respect to the legal framework for the provision of financial services to marijuana-related businesses...more

Bradley Arant Boult Cummings LLP

Attorney General Garland Reconfirms the DOJ’s Hands-Off Approach Toward Federal Marijuana Prosecution

Attorney General Merrick Garland has reiterated that the Department of Justice will not prioritize prosecuting marijuana use, a position that Garland expressed during his confirmation hearings. In remarks in front of a Senate...more

Foley Hoag LLP - Cannabis and the Law

Merrick Garland Signals New Stance on Marijuana Policy if Confirmed as Attorney General

Prior to his Judiciary Committee confirmation hearing last week, Judge Merrick Garland had not clarified his views on marijuana policy and how he would approach the issue if confirmed as Attorney General. However, after his...more

Ballard Spahr LLP

The State of Cannabis Affairs: New Legislation and a Regulatory Recap

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On November 3rd, voters in Arizona, New Jersey, South Dakota, Montana, and Mississippi passed ballot measures to bring legal cannabis to each of their states. It’s not every year that we see states from opposite ends of the...more

Butler Snow LLP

States’ Efforts to Blunt Federal Criminalization of Marijuana

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Medical marijuana will be on the ballot this November in Mississippi. Initiative 65 proposes to amend the Mississippi Constitution to allow citizens, certified by physicians, to use medical marijuana. For the most part,...more

Allen Matkins

DBO Issues Guidance To Banks And Credit Unions Serving Cannabis Related Businesses

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In the early 1970s, I worked as a petroleum transfer engineer (aka service station attendant). In those halcyon days, we actually pumped the gas for customers, washed their windows and offered to check the oil. I remember one...more

Baker Donelson

Still Smoking: Medical Marijuana in Maryland and What You Need to Know

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Maryland first joined the "legal marijuana" party back in 2014, and in June 2017, the Maryland Medical Marijuana Commission licensed the first dispensary. Originally published in Maryland State Bar Association Section of...more

Burns & Levinson LLP

Asset Forfeiture; a Commentary on the Legal Marijuana Industry’s Achilles Heel

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Given the United States’ current political climate, bi-partisan unity has become a seemingly rare occurrence, especially in the country’s highest court. That’s what makes the Supreme Court’s recent decision in Timbs v....more

The Volkov Law Group

U.S. Marijuana Laws Cause Uncertainty for Financial Institutions

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The quasi-legal status of marijuana in today’s United States is raising serious questions about federalism and enforcement for U.S. financial institutions. It is well known that marijuana is still classified as a Schedule I...more

Ballard Spahr LLP

Financial Services and the Marijuana Industry: the U.S. House Mulls Regulatory Reform for Financial Institutions and...

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Federal legislators continue to struggle over the growing disconnect between increasing State legalization of the cannabis industry, and the continued illegality of cannabis under federal law....more

WilmerHale

Developments in the Marijuana Industry and the Implications for Financial Institutions

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The myriad—and conflicting—state, federal and international laws governing the burgeoning marijuana industry have created a complicated legal landscape for financial institutions. In the United States, most states have...more

Davis Wright Tremaine LLP

AG Nominee Barr Indicates DOJ Will Continue ‘Hands-Off’ Approach to State-Legal Cannabis Under His Leadership

Since President Trump assumed office in January 2016, there has been substantial concern that the Department of Justice would take a harder line on state-legal cannabis than DOJ’s relatively tolerant approach during the Obama...more

Troutman Pepper

Is CBD Legal? It's Complicated

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Perform an online search for “is CBD legal?” and you will get a variety of different results. It is a challenging question because CBD can refer to cannabinoids from different sources, and it is often interchanged with other...more

Burns & Levinson LLP

A Year in Review: Looking Back on the Forward Movement of the Cannabis Industry in 2018

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As we begin this New Year, we’re taking some time to reflect on all that’s transpired in the cannabis arena over the past 12 months. It’s clear that 2018 was one of the most pivotal and exciting years for the burgeoning...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Burns & Levinson LLP

In the News: 3 States Adopt New Cannabis Laws; AG Sessions Resigns

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Following Tuesday’s midterm elections, three states—Michigan, Missouri, and Utah—adopted new cannabis laws: Michigan voters approved a measure that legalizes marijuana for recreational use, Missouri approved the creation of a...more

Womble Bond Dickinson

Cannabis Advertising

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On January 4th, Attorney General Jeff Sessions took a big step backward. He announced that the Department of Justice rescinded the " Cole Memo " and other internal enforcement guidelines, issued under the Obama Administration...more

Moore & Van Allen PLLC

Will Congress Clarify Regulation of Marijuana-Related Business?

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President Trump piqued the interest of participants in and observers of the marijuana industry when he stated in early June that he would “probably” support recently proposed bipartisan legislation aimed at removing the...more

Ballard Spahr LLP

The Medical Marijuana Industry and AML: Opportunities and Risks

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New York State Encourages Banking for State-Licensed Medical Marijuana Businesses – Whereas a Maine Company Runs Into Trouble, Despite State Law Legalizing Medical Marijuana....more

Fox Rothschild LLP

Massachusetts U.S. Attorney Issues Guidance, Signaling Good News For Recreational Marijuana Industry

Fox Rothschild LLP on

Entrepreneurs looking to enter Massachusetts’ newly minted recreational marijuana market can sleep a bit easier tonight after a statement from U.S. Attorney Andrew Lelling (the top federal prosecutor for the state) regarding...more

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