In the Weeds

In the highly regulated cannabis industry, success is reserved for those who take a thoughtful and strategic approach to entering this market. In the Weeds aims to help keep today’s cannabis entrepreneur well informed. We track developments in marijuana law and business, including regulatory framework in states where cannabis has been legalized for medical and/or recreational uses and the unique issues that businesses in the cannabis industry face. Authors offer insights on banking, real estate, finance, corporate entity formation and governance, taxation and creditor rights issues that are distinct to companies in the legal marijuana space, as well as the interplay of collateral businesses to the cannabis industry.

Recent Blog Posts

  • IRS Audits of Cannabis Companies We invite you to read my blog, posted on Fox Rothschild’s Tax Controversy Sentinel site, discussing IRS audits of cannabis companies and a recent Tax Court decision involving a Colorado cannabis company.... More
  • Josh Horn to Speak at “Next Steps for Medical Marijuana” Event Pennsylvania’s Medical Marijuana Program is in full swing. Since permits were issued this summer, the successful grower/processor and dispensary applicants have been working to become operational, and all accounts point to Spring 2018 as the date when patients will be able to receive and use medical cannabis. The launch and continuation of the Program bring many legal questions and challenges for businesses, patients, doctors, and lawyers alike. On Wednesday, October 18, 2017, Fox Rothschild’s Josh Horn, Partner in Philadelphia and Co-Chair... More
  • Florida Misses Deadline to Issue New Licenses for Medical Marijuana Pursuant to the law passed earlier this year which implemented Amendment Two (medical marijuana), Florida was required to issue additional licenses for medical marijuana treatment centers (the entities that grow, distribute and sell medical marijuana) to bring the number of licenses up to ten by October 3, 2017. Florida has missed this deadline due to Hurricane Irma (which caused extensive damage and power outages in South Florida and the Keys) and because of litigation filed recently which alleged that the law was unconstitutional as... More
  • Fox’s Bill Bogot to Speak on Marijuana Legalization at the International Association of Gaming Advisors Best Practices Institute Bill Bogot, a partner in Fox Rothschild’s Chicago office and Co-Chair of the firm’s Cannabis Practice Group, will moderate a panel entitled, “The Highs and Lows of Marijuana Legalization” as part of the International Association of Gaming Advisors Best Practices Institute. The event will take place on Monday, October 2, 2017 at the Sands Convention Center in Las Vegas, NV. Copyright: rabbit75123 / 123RF  The panel will confront the intersection between legalized marijuana and the gaming industry, with a particular focus on... More
  • Lawsuit Filed Over Florida Medical Marijuana Law – Carve Out License for Black Farmer Alleged to Be Unconstitutional A lawsuit was recently filed which challenges the constitutionality of part of the Florida law implementing Amendment Two (medical marijuana).  A key part of the law was expanding the number of growing licenses that would be awarded to farmers/operators in the lucrative medical marijuana business. The law implementing Amendment Two called for an overall increase of 10 licenses by October 3, 2017.  But, the law also provided that one (1) of those licenses go to a black farmer who had been... More
  • ABA Panel Tackles Venture Investing in Cannabis Companies Venture capital is playing a growing role in the country’s emerging legal cannabis industry. Attorneys Emily J. Yukich and Matthew R. Kittay of Fox Rothschild’s Emerging Companies & Venture Capital Practice will conduct a panel discussion with industry insiders during the American Bar Association Business Law Section’s annual meeting in Chicago. The Angel Venture Capital Subcommittee, which Yukich and Kittay co-chair, will present an in-depth 360-degree examination of venture capital investing in cannabis companies, featuring: Panelists: Jeremy Unruh, general counsel and director of external communications at PharmaCann, a medical... More
  • Medical Marijuana Developments in Florida for August 2017 Florida continues to make forward progress on implementation of Amendment Two (medical marijuana) with additional licenses and dispensaries being approved or opened around the state. License News Three new licenses are being added in Florida. Dispensary News The following municipalities in Florida are moving forward with medical marijuana dispensaries: New Port Richey, located north of Tampa; Tampa; Orange Park, located southwest of Jacksonville; Those municipalities going with moratoriums are listed below: Green Cove Springs, located southwest of Jacksonville; Gulfbreeze, located near Pensacola; St. Augustine Beach; Lauderdale by the Sea; located near Ft.... More
  • Fox Rothschild’s Cannabis Law Practice Featured in Philadelphia Inquirer Today, the Philadelphia Inquirer published an excellent piece about local law firms that have embraced the legal cannabis industry, despite some of the risks and uncertainty inherent in the business for both lawyers and entrepreneurs. The article explains how important lawyers are for emerging cannabis businesses, and showcases some of the firms on the forefront of Pennsylvania’s budding industry. “Lawyers bullish on cannabis despite risk” discusses Fox Rothschild’s cannabis practice and quotes my colleague Josh Horn, Co-Chair of our practice group.... More
  • Update on Pennsylvania’s Medical Marijuana Practitioner Registry A few weeks ago, I blogged about the establishment of the Pennsylvania Medical Marijuana Program’s Practitioner Registry. As I noted there, having doctors registered and approved to certify patients as medical marijuana cardholders is critical for the success of Pennsylvania’s program. In the Department of Health’s Press Release announcing the Registry, the DOH noted that it surveyed close to 200 doctors, and 75% of them indicated they would register for the Program. According to Dr. Rachel Levine, Pennsylvania’s Physician General and the Acting... More
  • Senator Cory Booker Introduces The Marijuana Justice Act of 2017 Yesterday, U.S. Senator Cory Booker (D-NJ) introduced the Marijuana Justice Act of 2017.  The bill, which Senator Booker first announced on Twitter and then described more fully on Facebook Live, aims to end the federal prohibition on cannabis with a multi-faceted approach.  First, the bill seeks to amend the Controlled Substances Act to declassify marijuana as a controlled substance under Schedule I of that Act.  Presently, marijuana is in the same category as heroin. Copyright: mesutdogan / 123RF Stock Photo Although Senator... More