June – 2018

Editorial: Cannabis Law Journal: Issue 9 June 2018.

Welcome to Issue 9 of Cannabis Law Journal the longest running publication covering  legal issues written by attorneys in the regulated cannabis sector. We've now published over 100 articles penned by lawyers on legal issues concerning the market. In Issue 9  we...

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California: 11 Easy Steps to Start a Cannabis Business Entity in California* Starting a New Cannabis Business Checklist

If you sell cannabis or cannabis products, you must register with the California Department of Tax and Fee Administration (CDTFA) for a seller’s permit. Cannabis cultivators, processors, manufacturers, retailers, microbusinesses, and distributors making sales are required to obtain and maintain a seller’s permit as a prerequisite for applying for a license with the California Department of Food and Agriculture, the California Department of Consumer Affairs, or the California Department of Public Health. Distributors of cannabis and cannabis products also must register with the CDTFA for a cannabis tax permit to report and pay two new cannabis taxes to the CDTFA. The cannabis tax permit is in addition to your seller’s permit.

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Pennsylvania Medical Marijuana: Medical Research Injunction in Pennsylvania

On May 22, 2018, the Commonwealth Court of Pennsylvania issued a temporary injunction that prevents the Pennsylvania Department of Health (DOH) from issuing permits to Clinical Registrants (CRs). The not-yet issued permits would have allowed the CRs to work with Academic Clinical Research Centers (ACRCs) to conduct medical research. Under the temporary regulations issued by the DOH, a licensed CR would be permitted to conduct medical research and at the same time act as a commercial grower/processor and dispensary, all with the added privilege of selling cannabis plants and seed to other CRs and operating twice as many dispensaries as non-CR licensees.

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DEA Responds: ‘These Are Not the Marihuanas We Are Looking For’

Earlier this year, we outlined a potential argument concerning hemp-derived CBD oil and its status under the Controlled Substances Act (CSA). Our argument focused on the CSA’s definition of the term “marihuana,” which excludes mature stalks, oil or cake made from seeds from the list of controlled substances. Last week, the DEA agreed and issued an internal directive with the following key statement.

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The High Lights of California Cannabis Regulation May 2018

The Medical and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA” ), which became effective January 1, 2018, is the governing law for both medical and adult use of cannabis in California. The rules are complex. Cannabis businesses seeking to do business in California should consult with an attorney prior to engaging in any project to ensure full understanding of the most up-to-date rules.

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Cannabis Producers: Health Canada Specifies Certain Future Regulatory Obligations Following Public Consultations

On March 19, 2018 Health Canada published a document entitled “Proposed Approach to the Regulation of Cannabis: Summary of Comments Received During the Public Consultation”. The document briefly reviews the approaches proposed by Health Canada in November 2017, and summarizes the comments received by stakeholder communities most directly affected by the proposed regulations. More importantly, in this publication Health Canada confirms several regulatory approaches and specifies the scope of the regulatory framework in greater detail.

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Should State Cannabis Programs Be a States’ Rights Issue?

As of March 2018, thirty states and the District of Columbia have enacted laws legalizing medical and/or recreational cannabis. Yet the conflict between state laws and the federal Controlled Substance Act still plays a significant role in acceptance of the changing climate surrounding cannabis. The uneasy coexistence of state legalization and federal prohibition results in uncertainty and fear among elected officials, law enforcement and members of the general public

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Cannabis Banking Needs a True Legislative Fix, Not More Guidance

On February 14, 2014 the Financial Crimes Enforcement Network (“FinCEN”) issued guidance clarifying the Financial Recordkeeping and Reporting of Currency and Foreign Transactions Act of 1970 (31 U.S.C. 5311), commonly referred to as the Bank Secrecy Act (“BSA”), expectations for financial institutions seeking to provide services to cannabis-related businesses (the “FinCEN Guidance”).

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Guns & Cannabis In America

In a post District of Columbia v. Heller and McDonald v. City of Chicago world, where it is now
a individual right to bear arms and the growing trend toward the legalization of marijuana, it raises the
question of whether “lawful” users of marijuana should be allowed to own firearms to fulfill the same
needs non-users of marijuana has, for self-defense, home defense, and recreational use.

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Selling Cannabis Businesses. Preparation For Investors.

Considering Selling Your Cannabis Business? With Explosive Market Opportunity, Investors Are Scrambling to Get In. But Are You Prepared? This 1stWest M&A white paper will help you prepare today for the opportunity to rapidly transition your business in the right way for you.

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    Cannabis Law Journal – Editorial Board Members

    Editor – Sean Hocking

    Author Bios

    Canada
    Matt Maurer – Minden Gross
    Jeff Hergot – Wildboer Dellelce LLP

    Costa Rica
    Tim Morales – The Cannabis Industry Association Costa Rica

    Nicaragua
    Elvin Rodríguez Fabilena

    USA

    General
    Julie Godard
    Carl L Rowley -Thompson Coburn LLP

    Arizona
    Jerry Chesler – Chesler Consulting

    California
    Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
    Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
    Lance Rogers – Greenspoon Marder – San Diego
    Jessica McElfresh -McElfresh Law – San Diego
    Tracy Gallegos – Partner – Fox Rothschild

    Colorado
    Adam Detsky – Knight Nicastro
    Dave Rodman – Dave Rodman Law Group
    Peter Fendel – CMR Real Estate Network
    Nate Reed – CMR Real Estate Network

    Florida
    Matthew Ginder – Greenspoon Marder
    David C. Kotler – Cohen Kotler

    Illinois
    William Bogot – Fox Rothschild

    Massachusetts
    Valerio Romano, Attorney – VGR Law Firm, PC

    Nevada
    Neal Gidvani – Snr Assoc: Greenspoon Marder
    Phillip Silvestri – Snr Assoc: Greenspoon Marder

    Tracy Gallegos – Associate Fox Rothschild

    New Jersey

    Matthew G. Miller – MG Miller Intellectual Property Law LLC
    Daniel T. McKillop – Scarinci Hollenbeck, LLC

    New York
    Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
    Tim Nolen Tesser, Ryan & Rochman, LLP
    Cadwalader, Wickersham & Taft LLP

    Oregon
    Paul Loney & Kristie Cromwell – Loney Law Group
    William Stewart – Half Baked Labs

    Pennsylvania
    Andrew B. Sacks – Managing Partner Sacks Weston Diamond
    William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
    Joshua Horn – Partner Fox Rothschild

    Washington DC
    Teddy Eynon – Partner Fox Rothschild