Mitigating and Addressing Litigation Risks for Cannabis Businesses
Cannabis M&A: Pain Points and Opportunities
Cannabis Law Now Podcast: Cannabis Companies and the Corporate Transparency Act
Intellectual property considerations for launching new cannabis products
Unpacking the current cannabis regulatory landscape and how it impacts your business
Cannabis Law Now Podcast: Inside a Top MSO with Jushi's EVP of Legal Affairs Matt Leeth
Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast
If Cannabis Is Reclassified, What Will Happen to the Marketplace? – Diagnosing Health Care
Cannabis Law Now Podcast: Farmers First According to Humboldt Trim Company
Cannabis Law Now Podcast: THC Infused Beverages: Cantrip's Journey Through the Hemp-Derived Looking Glass
Cannabis Law Now Podcast: Cannabis Investing in the U.S. - The Good, the Bad, and the Ugly
Cannabis Law Now Podcast: Catalyst Cannabis Takes on the California Department of Tax and Fee Administration Over Cannabis Excise Taxes
Cannabis Law Now Podcast: Cannabis Banking from the Inside: An Interview with Salal Credit Union
Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters
Budding Regulations: Navigating the Cannabis Regulatory Landscape — Regulatory Oversight Podcast
Chronic Payments: Unraveling the Complexities of Cannabis Banking — Payments Pros: The Payments Law Podcast
The Presumption of Innocence Podcast: Episode 27 - Blazing Trails: Cannabis Law in the Garden State
Cannabis and Bankruptcy Laws
A Changed Legal Landscape? Analyzing California’s New Cannabis Laws
Obtaining a Recreational Marijuana License from Your Local Municipality
The cannabis industry has experienced significant growth over the past decade, with increasing numbers of states legalizing both medical and recreational use. Currently, cannabis is legal for adults in 24 states and the...more
On June 21, 2021, the U. S. Supreme Court declined to hear Eric D. Speidell, et al., Petitioners v. United States, which sought to overturn the Tenth Circuit Court of Appeals’ 2020 opinion on Speidell v. United States. In...more
Mississippi is on the precipice of implementing a medical marijuana regime, as Mississippians voted overwhelmingly to approve Initiative 65 last November. Those awaiting the green light should take advantage of the additional...more
Recently, I had the opportunity to moderate panels on cannabis and commercial real estate at programs held in Los Angeles and Chicago. I won’t say it was the best of times or the worst of times, but I will say “it was the...more
More and more states across the South are adopting medical marijuana regimes. With this growth comes growing pains. One such pain for marijuana businesses is the tension between following state laws on a product that is still...more
As more and more states are allowing legal use of marijuana, medical marijuana businesses are faced with large tax bills because of marijuana’s continued classification as a Schedule I controlled substance under federal law. ...more
The Maryland Medical Cannabis Commission (“the MMCC”) recently reported to the Maryland legislature on “the deleterious effects of the federal tax code on medical cannabis businesses.” As stated in its report, I.R.C. § 280E...more
In the latest Tax Court opinion addressing the application of Section 280E to cannabis businesses there is no good news. However, there is some new guidance. In Patients Mutual Assistance Collective Corp. v. Comm’r, 151...more
Last week’s post may have left some readers feeling lightheaded or anxious. It is highly unlikely that this week’s post will leave these individuals in a greatly altered state, though it may alleviate their condition to some...more
The recent Tax Court decision, Alterman v. Commissioner, struck yet another tax blow against the growing medical marijuana industry. ...more
Yesterday, the Tax Court issued its opinion in Alterman v. Commissioner, T.C. Memo 2018-83. This case involved the operation of a medical marijuana dispensary which was reported on Schedule C. The opinion includes a long...more
Today, the Tax Court issued its opinion in Feinberg v. Commissioner, a case involving an ongoing and hard fought battle between the IRS and a medical marijuana dispensary, Total Health Concepts, LLC. The IRS examined THC’s...more
Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more
In recent IRS summons litigation, a Federal District Court in New Mexico has ruled that the IRS may seek information from a bank, the New Mexico Department of Health – Medical Cannabis Program, and the Public Service Company...more
Recently, a Colorado business protested the IRS’ disallowance of their business expenses. The IRS alleges that the taxpayer was a Colorado medical marijuana dispensary to which Section 280E applies, as a result the IRS...more
Attendees at this year’s Spring Meeting may have been surprised by an unexpected panel: an overview of the status of the law related to the legalization of marijuana and antitrust issues facing the nascent industry. However,...more
As more and more states are allowing for medical marijuana or other legal uses of marijuana, it is important to recognize that the federal government’s treatment of marijuana as a controlled substance can have more than...more
As a general rule, in accordance with IRC § 162(a), taxpayers are allowed to deduct, for federal income tax purposes, all of the ordinary and necessary expenses they paid or incurred during the taxable year in carrying on a...more