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Legal Articles

Can Landlords be Held Responsible for Unlicensed Marijuana Dispensaries in Colorado?

Posted by Ryan M. Newburn | Sep 26, 2023 | 0 Comments

In 2012, the State of Colorado legalized retail marijuana use by those over the age of 21 through an amendment to their state constitution (Amendment 64). Since its legalization, the state has promulgated many rules and regulations pertaining to the sale of retail marijuana. What restrictions apply to those who operate retail marijuana businesses, and is there any liability for landlords who lease property to retail marijuana establishments? This article will address the potential legal issues landlords face when leasing property to retail marijuana establishments and recommend methods to mitigate such problems.

Employment Laws and Cannabis Use

Posted by Ryan M. Newburn | Aug 22, 2023 | 0 Comments

In the ever-evolving landscape of cannabis legalization, the intersection of cannabis use and employment laws has become a focal point of legal deliberation and social discourse. With changing perceptions and attitudes toward cannabis consumption, legislative measures have undergone significant transformations to safeguard the rights of individuals who use cannabis responsibly. This article aims to explore the complexities surrounding cannabis in the workplace and shed light on how the law is continually adapting to protect users' rights from discrimination.

What California's Cannabis Law on Interstate Commerce Means for Your Cannabis Business

Posted by Ryan M. Newburn | Feb 28, 2023 | 0 Comments

On September 18th, 2022, California passed S.B. 1326, which provided some major implications for the future of interstate cannabis agreements. Additionally, the California Department of Cannabis Control has pushed the Attorney General to allow the interstate transfer of cannabis and cannabis products. This article will explain the law and important future policy changes to look out for.

Federal Cannabis Legislation Updates – October 2022

Posted by Ryan M. Newburn | Nov 01, 2022 | 0 Comments

President Biden's announcement in October 2022 on steps to make changes to the federal treatment of marijuana came as a sort of surprise for most Americans. Many people wonder what this announcement means, how big of an impact it has, and what other things are being done to change the cannabis and legal landscape in this area. This article will address some of those topics, dive into federal cannabis legislation, and discuss how these can affect the legal cannabis industry. Many Americans are unaware that there has been extensive movement on both the Democratic and Republican sides for cannabis-related legislation in recent years.

Status of the MORE Act and the CME Act

Posted by Ryan M. Newburn | Oct 18, 2022 | 0 Comments

In March 2022, the Senate passed the CMRE Act, the Cannabidiol and Marijuana Research Expansion Act) while also scheduling the MORE Act, the Marijuana Opportunity and Expungement Act. These acts are crucial pieces of legislation for the cannabis industry. This article explores these acts and how they will impact cannabis businesses and individuals. If you have any questions regarding these acts, contact our experienced cannabis lawyers today.

Cannabis Contract Basics

Posted by Ryan M. Newburn | Aug 09, 2022 | 0 Comments

As the cannabis industry continues to grow in the United States and globally, those in the industry must have strong contracts prepared. Whether a cultivator, manufacturer, or dispensary owner, cannabis businesses must operate with adequate legal protection. Though some states are legalizing the production of cannabis, this is not yet true at the federal level. Because the cannabis industry is not federally legal, some judges may disregard your contract to operate a cannabis business. However, a contract is better than not having anything and can offer some protection depending on the jurisdiction.

Trademark Infringement in the Cannabis Industry: Wm. Wrigley Jr. Company v. Terphogz, LLC

Posted by Ryan M. Newburn | May 25, 2022 | 0 Comments

Before we get into the nitty gritty details of the Wrigley case, let’s do a quick refresher on what a trademark is and why they are economically important. A trademark is a phrase, symbol, insignia, word, or specific attribute of a product that differentiates itself from others available in the market. A trademark signals to prospective consumers that a certain company owns a specific product. For instance, a logo of a white apple or a red M makes an immediate impression on the consumer that the companies Apple or McDonalds own the product or service being offered. Trademark owners will usually register their trademark to prevent bad actors from unfairly using their trademark and appropriating associating goodwill it signals to consumers to drive up sales.

Section 280E and the Cannabis Industry

Posted by Ryan M. Newburn | Apr 20, 2022 | 0 Comments

A crucial component of owning and operating a cannabis business is understanding the state and federal regulatory guidelines that you must follow. In particular, people in the cannabis industry must be aware of Section 280E of the Internal Revenue Code in order to maintain compliance and maximize the after-tax profitability of their business. Our team of knowledgeable cannabis attorneys can help you understand how this Section affects you and how to stay compliant. Contact us today so that we can answer any questions you might have.

Picking the Right Corporate Structure for Your Cannabis Business

Posted by Ryan M. Newburn | Feb 21, 2022 | 0 Comments

Determining which corporate structure is best for your cannabis business is completely dependent on your specific circumstances. There is not one corporate structure for a cannabis business that works better than others. The perfect entity choice for one company could be terrible for another operation. Therefore, the best corporate structure will depend on each business owner's specific needs, financial position, and business goals. This article dives into the types of entity types available, the pros and cons of each type, and the tax implications. If you have any questions about which corporate structure is right for you, our experienced cannabis lawyers can help you understand the legal ramifications of choosing an entity. Contact us today to understand your options.

Setting Up a Cannabis Business in Colorado

Posted by Ryan M. Newburn | Jul 26, 2021 | 8 Comments

On November 6, 2012, Colorado voters passed Amendment 64, legalizing the use and regulation of recreational marijuana. Two years later, Colorado started issuing licenses, and since then, the marijuana business in Colorado has boomed. Sales have increased every year since the market opened in 2014, and they show no signs of stopping. Even the economic slowdown the COVID-19 pandemic caused could not slow the industry down. In fact, marijuana sales in 2020 increased 25% to $2.19 billion when compared to 2019. If you’re looking to get involved in this lucrative industry, contact us now to learn more!