A new U.S. Tax Court case, New Mexico Top Organics, Inc. d/b/a Ultra Health v. Commissioner, could reshape how Section 280E of the U.S. tax code applies to state-legal medical cannabis businesses. Ultra Health argues that Section 280E turns on the Controlled Substances Act’s scheduling criteria — not its listed schedules — and that marijuana... Continue Reading…More

A bipartisan coalition of 32 state and territory attorneys general is urging Congress to pass the SAFER Banking Act, which would allow financial institutions to serve state-licensed cannabis businesses. The current cash-only environment puts businesses, employees, and communities at risk, while also hindering tax collection and economic growth. The SAFER Banking Act aims to resolve these issues by moving cannabis business funds into the regulated banking system, increasing transparency and safety without changing federal legalization policy. Continue Reading…More

A cannabis retailer, and those who collect debt on their behalf, may not be governed by the Fair Debt Collection Practices Act (FDCPA), but they probably should act like it.  The FDCPA is applicable when a third-party attempts to collect on a debt which obligates a consumer to pay for property or services which are... Continue Reading…More

All employers face challenges in navigating issues surrounding legalized marijuana. For construction industry employers, the challenges are particularly difficult given the necessary emphasis on safety. Last week, my colleague Jeff Polsky, co-chair of Fox’s Labor and Employment Department, recorded a 90-minute webinar for Lorman addressing the issues construction employers face in jurisdictions that have legalized medical... Continue Reading…More

For the latest analysis of the implications of IRC 280E, check out this blog from Jennifer Benda. Continue Reading…More

Jennifer Benda wrote a recent blog on tax controversy in the cannabis business space. This is an important issue for anyone in the business. Check it our here. Continue Reading…More

Our partner, Aaron Weems, wrote this post in our Pennsylvania family law blog on the impact of marijuana in custody cases. You should check it out. Continue Reading…More

Yesterday, a judge in Arkansas enjoined the issuance of any medical cannabis cultivation licenses because of irregularities in the process. I was interview by a local TV station, which can be seen here; http://www.nwahomepage.com/news/arkansans-may-wait-another-year-before-getting-medical-marijuana/1066923671. Continue Reading…More

Ransomware has become an ever increasing problem as we become more technology dependent. To learn more about it and how to avoid it, read this blog. Continue Reading…More

On May 10, 2017, our partner, Jennifer Benda, will be speaking at a Colorado Bar Association event in Denver. She will be presenting an overview of federal taxation of marijuana, as well as a discussion of IRS enforcement issues for marijuana companies. For more information, call 303-860-1115, X727 Continue Reading…More