By Delia Ann Deschaine and Megan Robertson U.S. cannabis businesses operate in an increasingly complex legal and regulatory environment. Many, if not most, of those complexities stem from marijuana’s classification in Schedule I of the federal Controlled Substances Act. That classification hinges on the determination that marijuana lacks a currently accepted medical use in treatment […]
Federal
ICYMI: Here Comes California-Certified “Comparable-to-Organic” Cannabis
By Hilary Bricken, Co-Founder, Harris Bricken Due to the federal illegality of cannabis, cannabis businesses don’t receive normal treatment from the federal government (with maybe one or two exceptions, like the NLRB and the 2014 FinCEN guidance for access to financial institutions). This obviously mucks up the ability of a cannabis business to operate in […]
The Forthcoming MORE Act Vote Is Far from Meaningless
By Paul Armentano CBE contributor Hilary Bricken is correct to presume Congressional passage of The Marijuana Opportunity, Reinvestment, and Expungement Act (a/k/a The MORE Act) is unlikely to take place this session. That said, the forthcoming House floor vote on MORE, which is scheduled for later this month, is far from “meaningless.” [(Meaningless?) Federal Vote […]
(Meaningless?) Federal Vote on Marijuana Legalization is on the Horizon
By Hilary Bricken, Co-founder Harris Bricken I’ve been practicing corporate, transactional, and regulatory law in the marijuana industry for going on 10 years now. I’ve never understood exactly why folks get excited about, or even remotely interested, when various lifetime politicians in Congress push bills on the federal legalization/rescheduling of marijuana. Why? Because these bills […]
Cannabis legalization: Five highlights of the MORE Act and what you need to know about it
Cannabis by Caltabiano Everyone knows the legal cannabis sector is seemingly unstoppable as an emergent business sector. Everyone also knows it is a business space in the U.S. that is defined by complex and challenging regulations and legalities that restrict the industry’s full potential to expand economically and even scientifically. The vast majority of today’s […]
Cannabis and the Federal Courts
By Ian A. Stewart All participants within the cannabis industry should understand the potential risks of litigating disputes in the federal courts. Federal policy regarding enforcement of the Controlled Substances Act (CSA) has shown ambivalence where the possession and distribution of marijuana is consistent with well-regulated state law. The federal courts, however, have taken a nuanced […]
SEC Sues Cannabis Players for $25 Million Offering Fraud
By Jihee Ahn, Attorney at Harris Bricken In the most basic terms, offering fraud occurs when a person (or entity) makes material misrepresentations or omissions to potential investors in a new company (most commonly, promising those investors large “guaranteed” returns on their investments). Offering fraud cases have become more prominent in recent years, and it […]
Here We Go! Feds Sue California for Cannabis Business Records
By Hilary Bricken, Co-Founder, Harris Bricken State legal cannabis businesses are used to the specter of the federal government in the rear view mirrors of their lives and businesses. Unless you’ve been living under a rock, you know that cannabis remains federally illegal. And it’s not so much the case anymore that the Drug Enforcement […]
The U.S. House votes to ban the U.S. Justice Department from enforcing the federal ban on cannabis
The U.S. House voted Thursday to ban the U.S. Justice Department from enforcing the federal ban on cannabis in any state that has legalized the drug for any purpose. The amendment to the legislation funding several federal agencies for the 12 moths beginning Oct. 1 passed, 254-163, with 31 Republicans voting yes. “As we work […]
Cannabis in a strong position despite challenges posed by coronavirus, Congressman Blumenauer says
Despite the steep headwinds facing the cannabis industry and the high priority on getting COVID-19-related legislation passed, federal cannabis reform efforts are in a better position than they’ve ever been, according to Rep. Earl Blumenauer, D-OR. “We have our work cut out for us but we have more momentum in the cannabis space than I’ve […]
