Peter Becker writes…As any farmer knows, planting season waits for no one. Washington state lawmakers are showing they understand this as well.Read More
Category: Lane Powell
While the 2018 Farm Bill removed hemp from the Drug Enforcement Administration’s regulatory oversight, the Food and Drug Administration (FDA) continues to oversee foods, drugs or cosmetics that contain hemp or hemp products, the most popular of which is currently CBD. Meanwhile, states, farmers and other interested parties are clamoring for guidance on hemp commercialization, driven by the steadily increasing demand for CBD products among consumers who believe the hemp derivative is an effective treatment for a wide range of ailments.Read More
In a unanimous decision this month, the Supreme Court limited the scope of civil asset forfeiture, the controversial legal process whereby law enforcement officers can seize property they suspect was involved in illegal activities. In this post, we will discuss how the recent decision in Timbs v. Indiana affects a long-time cannabis industry boogeyman.Read More
Concerning news out of Idaho, where the U.S. District Court in Idaho delivered some bad news to the owners of the contents of a tractor trailer recently seized by the Idaho State Police. The trailer contained nearly 7,000 pounds of Cannabis sativa en route from Oregon to Colorado. Seizures of outbound Oregon marijuana are an unfortunate status quo these days — overproduction and cratered prices in Oregon have led to regulatory lamentation over black-market sales across state lines.Read More
Pitchbook recently released its2018 results for cannabis related investments, and the data is impressive: 139 deals scooped up a whopping $881 million. Those numbers are up over the prior year by 26 percent (number of transactions) and 120 percent (total amount invested), reflecting larger average deal sizes. Leading the way,Privateer Holdings closed a $100 million Series C financing.Read More
Join the World Law Group for its upcoming webinar series on the legalization of cannabis around the world. Each of the four webinars will focus on specific jurisdictions or regions, including Europe, Israel, Canada, Latin America and the United States. Our very own Josh Ashby will serve as a moderator for the upcoming Israel update on February 26, and as a panelist for the U.S. update on April 3. Register via the links below.Read More
“Audit,” already an unpleasant word in cannabis circles, got a little worse this week with the release of a stern assessment of Oregon’s cannabis program by the Oregon Secretary of State. The 42-page report, the first such review since Oregon voters legalized recreational marijuana in 2014, catalogues numerous gaps in Oregon’s regulatory oversight of cannabis. While offering qualified praise for the theoretical scope of Oregon’s adult-use regulations, the audit found that a lack of resources has led to spotty enforcement.Read More
Lane Powell Attorney Ben Pirie Elected to Executive Committee of Oregon State Bar Cannabis Law Section
Lane Powell attorney Ben Pirie has been elected to the Executive Committee of Oregon State Bar’s Cannabis Law Section. Pirie counsels cannabis businesses on a wide range of corporate and regulatory legal issues, including mergers and acquisitions, negotiating complex contracts, and corporate governance, as well as regulatory compliance in the emerging cannabis and hemp industries.Read More
With 10 states and the District of Columbia having legalized recreational cannabis (representing nearly a quarter of the U.S. population, including the most populous state), an emerging issue is how to deal with the odor generated by marijuana production facilities. A December 19, 2018 article in The New York Times noted a growing number of neighbors of cannabis farms are complaining about “skunky” odors caused by certain volatile organic compounds generated during growing and processing.Read More
We recently discussed the impact of the Harborside opinion on cannabis tax planning, a tax court decision that disturbed, but didn’t really surprise, those of us who regularly work on the application of tax rules in the cannabis industry. The industry faces a secondary assault following the U.S. Tax Court’s opinion in Alternative Health Care Advocates. The opinion in Alternative raises new — more surprising and more disturbing — concerns regarding common cannabis tax planning strategies and focuses on the use of management companies.Read More
The new Agricultural Improvement Act of 2018 (Pub. L. 115-334) (the “Act”) was signed into law by President Trump on December 20, 2018. Much press has been devoted to the fact that the Act generally legalizes industrial hemp and will provide federal Crop Insurance for that crop. While this is potentially good news for farmers and their bankers, questions remain for bankers about how they can effectively identify a legal hemp crop and distinguish it from an illegal marijuana crop.Read More
The U.S. Tax Court’s recent Harborside opinion confirmed what we have warned our clients for quite some time: section 263A is unavailable for any cannabis business that traffics a Schedule I or II controlled substance. This conclusion is consistent with the IRS view espoused in a 2015 IRS Chief Counsel Advice memorandum and the flush language in section 263A, which states taxpayers cannot use section 263A to deduct an otherwise nondeductible item. Many cannabis businesses have relied on section 263A to capitalize expenses that would otherwise be non-deductible under section 280E. Those taxpayers should reconsider their tax return filing positions on not only a go-forward basis, but also for purposes of correcting previously filed returns.Read More
The revised law adopted November 23, 2018 is limited to CBD concentrates with THC levels too low to cause intoxication. Although somewhat unexpected internationally, it was less surprising for those in South Korea during last year’s media coverage of law enforcement action resulting in the incarceration of an ailing child’s mother for attempting to import CBD derived medication for her 4-year-old son who was suffering from brain cancer — public opinion clearly opposed such punishment. Not long after this event, Shin Chang-Hyun introduced a legislative amendment to South Korea’s national drug policyRead More
A public records request by the Salem, OR-based Statesman Journal bore interesting fruit recently in the form of a report by the Oregon Cannabis Commission (OCC) recommending that a single agency regulate cannabis in Oregon. Currently, at least three Oregon regulatory agencies have some degree of oversight affecting the cannabis industry.Read More
Accordingly, the “bad business” list does not include cannabis-related activities. (Please don’t ask us to explain why the cannabis industry is punished under one provision of the Tax Code but allowed to take advantage of another provision of the Tax Code; the best we can say is “it’s Congress.”)Read More
Lane Powell: Join Us in Seattle for the Northwest Marijuana Law Conference Presented By Seattle Univeristy on Nov. 16. Sponsored By Lane Powell
We are proud to support Seattle University’s 6th Annual Northwest Marijuana Law Conference taking place on Friday, November 16. Josh Ashby and Sativa Rasmussen are the program’s Co-Chairs and will lead the conversation, bringing together experts from the law and the industry to provide critical focus and frameworks.Read More
The Food and Drug Administration (FDA) has issued an announcement seeking public comment on the “abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use” of cannabis and several other substances now under international review.Read More
Seattle, Washington and Portland, Oregon — September 5, 2018 — Lane Powell continues to grow its Cannabis Team, adding three well-recognized industry leaders to its roster. Joshua Ashby and Sativa Rasmussen have joined the firm from Ashby Law Group PLLC in Seattle, and Ben Pirie has joined from 7 Point Law in Portland.Read More
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NACB Latest News
- Senate Will Decide Marijuana Banking Bill
Could this marijuana banking bill finally allow businesses access to cannabis financial services? Here's what happens next in the marijuana banking debate. The post Senate Will Decide Marijuana […]
- Cannabis-Infused Beverages Offer a Healthy, Social Alternative for Cannabis Users
Mood33 offers cannabis users healthy cannabis-infused beverages with no "fillers" or synthetic ingredients. Discover Mood33 cannabis tonics now! The post Cannabis-Infused Beverages Offer a Healthy, […]
- Founded By A Cancer Survivor, Company Offers Healthy CBD Products That Promote Wellness
Founded by a cancer survivor, Sugar and Kush offer CBD products ready to eat, cook with & more. Discover how Sugar & Kush CBD Oil can help you! The post Founded By A Cancer Survivor, Company […]
- CannaBus Culture Film Festival Headed For Miami, Seattle and Portland
The CannaBus Culture Film Festival hopes to enlighten and educate people about what the cannabis community can be or what it actually is. Learn more now! The post CannaBus Culture Film Festival […]
- Twice As Many Americans Use Marijuana For Medical Reasons Than For Recreation
Using marijuana for medical reasons is more than double that of recreational users according to a new study. Here's the research & why it matters! The post Twice As Many Americans Use Marijuana […]
- Black Market Weed Is Still Popular In Some States, But It's Also Very Dangerous
If you want to stay safe when using cannabis, then stay out of the black market.
- Roz McCarthy Shares What Inspired Her To Seek Diversity In The Cannabis Industry
One of the most influential people in the cannabis market shares how her nonprofit is diversifying leadership within the industry.
- Why The Cannabis Industry Is Urging For A Regulated Market
To help keep illicit products off the market, the industry is pleading for federal regulation for better control and testing.
- Efforts Intensify To Battle Corruption Involving Local Government Officials And Cannabis Industry
States are taking action against government officials involved in bribery and extortion.
- Should I Give Marijuana Products To My Dog?
Whether it's for anxiety, health reasons or something else, some people are giving pets CBD, but is it safe?
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- Schmitt et al. v. LaRose
No. 19-3196 (6th Cir. 2019)A decision by an Ohio county board of elections to reject ballot initiatives regarding certain marijuana decriminalization […]
- Chance v. Kraft Heinz Food Company
CA No. K18C-01-056 (Del. Super. Ct. 2018)Delaware’s Medical Marijuana Act (DMMA) does not require employers to participate in an activity made […]
- State v. Jones (Jones II)
No. CR-18-0370-PR (Ariz. 2019)Under Arizona’s Medical Marijuana Act (AMMA), the definition of ‘marijuana’ includes resin, and by […]
- Whitmire v. Wal-Mart Stores Inc.
359 F. Supp. 3d 761 (D. Ariz 2019)The Arizona Medical Marijuana Act (AMMA) creates a private cause of action for employees who are medical marijuana […]
- Sias et al. v. Vigil
D-101-CV-2019-61967 (N.M. Dist. 2019)New Mexico’s medical cannabis program cannot deny registry identification cards to non-residents, since […]
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CFN Media Group Blog
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Green Market Report
- Dionymed Implodes As CEO, COO Resign, Creditor Demands $24 Million
- Shryne Group Is All In For Stiiizy
- Capital Raises: Holistic Industries, CBD Unlimited
- The Daily Hit: October 16, 2019
- Valens GroWorks Reports Solid Earnings In Third Quarter
- The Daily Hit: October 15, 2019
- Canopy Growth Sells AusCann, Closes Beckley Acquisition
- Flowhub Snags $23 Million, Including An Investment From Kraft Heinz
- Aphria Stock Pops On Solid First Quarter Earnings
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Cannabis Law Journal
- Another Anti-Cannabis RICO Case Goes Up in Smoke, But an Existential Threat Remains
- Outline – HopgoodGanim Lawyers: Medicinal Cannabis in Australia: issues and regulations
- Are Recent Medicinal Cannabis Flower Exports out of Jamaica Legal?
- Cannabis Law Journal: April 2019 Issue 12
- Frost Brown Todd – Now is the Time to Plan IP Strategies for Industrial Hemp
- The protection of cannabis companies financial rights within Colombia’s legal system
- What Cannabis Cultivators and Retailers Need to Know About Product Liability Lawsuits
- Key Legal Considerations for Cross-Border Cannabis and Hemp Agreements
- UK: Medicinal Cannabis – How far have we really come?
- TNI Publish Free PDF: Cannabis Regulation in Europe: Country Report Netherlands