News & Analysis as of

Marijuana Cultivation Federal v State Law Application

Partridge Snow & Hahn LLP

U.S. Supreme Court Justice Says Current Federal Cannabis Prohibition is "Contradictory and Unstable"

Last month, the U.S. Supreme Court denied review of a case out of Colorado dealing with a medical marijuana dispensary’s challenge to a tax code provision. After denying review, Justice Thomas—one of the Court’s most...more

Lowndes

Marijuana Tenants and the Effects on Landlord’s Rights in Bankruptcy

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Though states continue to legalize the use and sale of marijuana for medicinal and recreational uses, under federal law, marijuana remains an illegal “Schedule 1” drug pursuant to the Controlled Substances Act. ...more

Stinson LLP

Missouri Financial Institutions Must Prepare for Impending Marijuana Banking Challenges

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In November 2018, Missouri voters passed Amendment 2, setting in motion state regulated medical marijuana. Over the last month, the Missouri Department of Health & Senior Services (DHSS) began approving license applications...more

Bradley Arant Boult Cummings LLP

Coverage for Cannabis? How Cannabis’s Legal Limbo Affects Property Insurance Policies

A recent federal court of appeals’ decision raises interesting questions for all policyholders, particularly commercial and residential landlords with tenants that grow, possess, and/or distribute cannabis, even where it is...more

Ballard Spahr LLP

Banking and Marijuana, Redux: Utah Department of Financial Institutions Commissioner Declares Opposite Position to New York’s...

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As we just blogged, the New York State Department of Financial Services (“NYDFS”) has published guidance to “clarify the regulatory landscape and encourage” New York, state-chartered banks and credit unions to “offer banking...more

McAfee & Taft

Gavel to Gavel: Needs of the medical marijuana industry

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The business community is abuzz with anticipation for the future of the medical marijuana industry in Oklahoma. The June election saw Oklahoma approve one of the nation’s most expansive medical marijuana laws, and more ballot...more

McAfee & Taft

Weeded out?

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Recently, Oklahoma joined the ranks of the 30 states that have legalized medical marijuana, but the state still has work to do on just how to implement its new law. As usual, the devil is in the details. Even though Oklahoma...more

McAfee & Taft

After passage of SQ 788, ethical hurdles remain for lawyers

McAfee & Taft on

Months prior to the vote on SQ 788, attorneys were fielding inquiries about the legal requirements necessary to participate in the medical marijuana industry. Those inquires have multiplied immensely since the passage of SQ...more

Perkins Coie

Ninth Circuit Reinforces Need for Due Diligence When Doing Business With the Cannabis Industry

Perkins Coie on

In recent guidance, we wrote about what companies should do to minimize the risk of federal criminal penalties when doing business with or investing in cannabis industry companies. One principle we stressed is the need to...more

Dentons

CBD and Hemp Products

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We receive many questions regarding the legality of CBD (cannabidiol) and hemp products in Iowa. While there appear to be widely different views on the legality of CBD, it is currently classified as a Schedule I controlled...more

Snell & Wilmer

RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

Snell & Wilmer on

On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving...more

Morgan Lewis

DEA Rejects Petitions Seeking to Reschedule Marijuana

Morgan Lewis on

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

Foster Garvey PC

Andy Aley Advises on Intricacies of Marijuana Businesses at University of Washington School of Law’s Inaugural Marijuana Policy...

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The University of Washington School of Law’s Cannabis Law and Policy Project hosted its first annual conference on Washington state marijuana policy on June 14, 2016. Rick Garza, Director of the Washington State Liquor...more

Foster Garvey PC

Emergency Moratorium in Unincorporated King County

Foster Garvey PC on

In a surprise move, the Metropolitan King County Council imposed a four-month moratorium on accepting or issuing permits for marijuana growers, processors, and retailers. The moratorium took effect Monday, April 25th, and...more

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