CBD, or cannabidiol, is one of the two most prominent molecules found in the cannabis plant. But unlike the other more well-known cannabinoid, THC (tetrahydrocannabinol), CBD doesn’t have any psychoactive properties. In Massachusetts, CBD containing more than 0.3 percent THC is considered cannabis and is regulated by the state’s Cannabis Control Commission. Otherwise, products containing CBD are not regulated.
All signs point to 2019 being another huge year for the cannabis industry, with medicinal and recreational use expanding to more states and the diminishing threat of federal prosecution paving the way for the industry to meet or exceed soaring market expectations.
But with booming sales comes the prospect of booming litigation. As the number of cannabis users increases, so too will the number of actual or suspected side effects from such use. … More
President Trump’s nominee to replace Jeff Sessions as U.S. Attorney General appears to have a softer stance on state-legal marijuana companies than his predecessor. During his confirmation hearings today, Barr stated that we would “not go after” marijuana companies that operate legally under state law.
The statement places Barr in stark contrast with Sessions, who rescinded the “Cole Memo” – an Obama-Era Department of Justice memo that deprioritized prosecuting state-legal marijuana businesses. … More
On November 29, a U.S. Tax Court judge confirmed that § 280E of the Internal Revenue Code prevents state-legal cannabis businesses from deducting ordinary and necessary business expenses from their federal taxes. The ruling is a blow to businesses in the cannabis industry, who incur significantly higher federal tax burdens than they otherwise would if, like other businesses, they were allowed to deduct their business expenses.
Section 280E declares that “[n]o deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business .… More
Voters in conservative states pushed forward a wave of cannabis legalization initiatives during Tuesday’s midterm elections, a showing of bipartisan support that experts say bodes well for the industry as it looks to go mainstream.
Michigan’s Proposal 1, which establishes the legal and regulated sale of cannabis for adults 21 and older, passed with about 55 percent of the vote, according to the Michigan Secretary of State’s Office.… More
A Colorado federal jury sided last week with a cannabis cultivation business owner against his neighbor in one of the first Racketeer Influenced and Corrupt Organizations Act (“RICO”) lawsuits against a cannabis grower to reach a jury verdict in the nation. The plaintiffs in Reilly v. 6480 Pickney brought suit under the federal RICO statute, arguing that certain predicate acts related to marijuana cultivation led to odors and noises emanating from the defendant’s business facility that had damaged plaintiffs’… More
With the opening of the East Coast’s first marijuana retailer just days away, consumers in Massachusetts may soon begin seeing advertisements promoting all manner of cannabis products, services, and establishments. The state’s Cannabis Control Commission has drafted regulationsthat place restrictions on marijuana advertising, but even with those restrictions, there is still plenty of opportunity for retailers and product manufacturers to promote cannabis to consumers, particularly online and on mobile apps,… More
With July 1st now fully in the rear-view mirror, we thought it would be a good time to update you on the latest developments at the Cannabis Control Commission. Earlier this month, the Commission approved two final retail licences for businesses in Northampton and Leicester. These represent the very first final adult-use retail licenses awarded in the Commonwealth. With this, Massachusetts residents should expect adult-use retail shops to open to the public within a matter of weeks. … More