Blog

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

  • Cannabis Law Advice for Lawyers and CPAs (November 14, 2018 in Reading, Pa) On November 14, 2018, I will be presenting a Seminar entitled “Cannabis: We Are Not in College Anymore” at the Double Tree Hotel in Reading, Pa. I will be joined by Kevin McGinn, CPA, MST of HBK CPAs and Consultants. The event is co-sponsored by the Berks County Bar Association and the Reading Chapter of the Pennsylvania Institute of Certified Public Accountants, and offers both CLE and CPE credit. At the Seminar, Kevin and I will present an overview of Pennsylvania... More
  • Illinois Recreational Marijuana J.B. Pritzker (Democrat) won the election for Governor of Illinois and will be sworn into office in January 2019. Based on Governor-elect Pritzker’s statements on the campaign trail and the current acquisition market in Illinois, the cannabis industry appears to believe that legalized adult use recreational marijuana is a foregone conclusion and that Pritzker will sign a marijuana legalization bill shortly after taking office, which will legalize recreational marijuana in Illinois. Pritzker has stated that adult use recreational cannabis could generate... More
  • Cannabis Ballot Initiatives Pass in Three out of Four States Voters in four states (Michigan, Missouri, North Dakota, and Utah) cast their ballots on initiatives to legalize cannabis for either medical or recreational purposes. The ballot measures passed in Michigan, Missouri, and Utah, but not in North Dakota. Here are some details on each measure: Michigan – Proposal 1  Michigan’s Proposal 1 will allow adults to possess, use, and grow marijuana for personal consumption. The proposal also calls for the creation of a state-regulated licensing process and a tax on the sale... More
  • No Civil RICO Liability for Colorado Cultivator In a long fought battle, a Colorado cannabis cultivation operation won its battle against an adjacent property owner when a jury found on Wednesday that the operation of a marijuana cultivation facility did not cause injury to the plaintiff’s adjacent real property.  The plaintiffs initiated the suit pursuant to 18 U.S.C. §  1964, the RICO statute that provides for a private right of action against anyone engaged in a racketeering activities, which includes federally punishable drug activities.  Manufacture, distribution, and sale of... More
  • Jennifer Benda Presents: “Legal Cannabis and Taxes” Jennifer Benda, a Partner in Fox’s Denver, CO office, is an experienced tax attorney who handles tax controversy and income tax planning and compliance matters. She has significant experience assisting companies in the cannabis industry with tax planning and compliance matters. On December 5, 2018, Jennifer will present “Legal Cannabis and Taxes,” a primer on tax issues facing cannabis businesses, including Section 280E, IRS regulations and audits, and related litigation. To find out more about this event and to register, click... More
  • New Proposed Regulations in California This post is authored by Fox Rothschild associate Henry Whitehead: For marijuana businesses operating in California the rules are still very much in flux, as shown by a new set of regulations proposed by state regulators.  The state Department of Food and Agriculture, Department of Public Health, and Bureau of Cannabis Control (BCC) first proposed a set of marijuana-industry regulations in July 2018 and, after a public comment period, submitted revised proposed regulations on October 19th.  The changes are substantial, and... More
  • Fox Trio Named to List of ‘Trailblazers’ in Cannabis Law Fox’s own Jennifer Benda, William Bogot and Joshua Horn are paving the way in this new and rapidly developing sector. The National Law Journal has recognized Fox’s own Jennifer Benda, William Bogot and Joshua Horn as Trailblazers in Cannabis Law. This national distinction identifies attorneys who are paving the way in this new and rapidly developing sector.  Josh and Bill are co-chairs of Fox’s nationwide Cannabis Law Practice – one of the largest in the nation with more than 50 attorneys experienced... More
  • Catch Partner Peter Kelly at ACG New Jersey’s Cannabis Industry Briefing Get the latest on legal marijuana in New Jersey from a distinguished panel that includes Fox Partner Peter Kelly of our Princeton, New Jersey office. Peter will participate in the Association for Corporate Growth New Jersey’s “Cannabis – After the High…” event on October 18 at the Westin Governor Morris Hotel in Morristown. The agenda promises food, drink and a lively discussion of legal cannabis investment options, industry trends, new technology and lessons learned from other states. Date: October 18 Time: 6 pm to... More
  • Upcoming Program: The Legalization of Marijuana in Canada and the Future of Cannabis Law in the United States On September 26 in Fox Rothschild’s New York City office, the American Foreign Law Association will host a special program, “The Legalization of Marijuana in Canada and the Future of Cannabis Law in the United States.” The program, featuring Fox partner Matthew Kittay and Gordon Cameron from Stikeman Elliott LLP, will explore the Canadian framework for legalized marijuana and the burgeoning domestic and international market for Canadian cannabis as well the patchwork of laws and regulations in the United States, including an understanding of... More
  • Connecticut Federal Court Grants Medical Marijuana User Summary Judgment on Failure to Hire Claim A federal district court in the District of Connecticut recently granted summary judgment to a plaintiff who brought a claim against an employer that withdrew a job offer due to the plaintiff’s positive drug test for marijuana.  This case offers lessons for businesses wading into this new and developing area of employment law. Copyright: jirkaejc / 123RF Stock Photo In Noffsinger, the plaintiff was registered under Connecticut’s medical marijuana program and used marijuana to treat post-traumatic stress disorder. Noffsinger initially received a job offer,... More