Perspectives on Cannabis

In our first Cannabis Counsel Cast episode, Partners Emily Leongini and Lynn Fiorentino discuss the potential impact of California’s Prop. 65 on manufacturers, distributors, and sellers of cannabis products, particularly in light of the January 4, 2021 enforcement date for new THC and marijuana smok

To change its method of accounting, a taxpayer must receive consent from the IRS and should provide evidence showing the change in business activity, so that the IRS can confirm that the change in method of accounting will accurately reflect income.

Hemp flower growers and smokable hemp manufacturers impacted by state laws that have banned or restricted smokable hemp flower production and sales are worried that federal regulators could echo state-level restrictions on a national scale.

On November 3, Arizona voters passed the Smart and Safe Arizona Act (Proposition 207) by a wide margin, becoming the 13th state to legalize recreational marijuana for adult use. This is considered a huge victory in the nationwide legalization efforts.

Cannabis and cannabis resin, formerly classified on the most restrictive schedule under the 1961 Single Convention on Narcotic Drugs (Single Convention) were moved to the least restrictive schedule following a historic vote by the UN Commission for Narcotic Drugs on December 2, 2020.

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes.

A potent federal statute designed to take down organized crime looms large over the legal cannabis industry. The Racketeer-Influenced and Corrupt Organizations Act (RICO) was enacted in the 1970s to fight the mob with a declared purpose to “seek eradication of organized crime in the United States.”

Election Day 2020 is around the corner. Today, cannabis use is legal either for medicinal or adult recreational use (or both) in 35 states.

On August 21, 2020, the Drug Enforcement Administration (DEA) published an interim final rule (IFR) to implement hemp-related amendments to the Federal Controlled Substances Act (CSA) that were made by the Agriculture Improvement Act of 2018 (the 2018 Farm Bill).

The United States Trademark Trial and Appeal Board (TTAB) recently affirmed a refusal to register a trademark for “hemp oil extracts” when used as an ingredient in dietary supplements.

Massachusetts retail recreational cannabis establishments reopened on May 25, 2020, for curbside delivery after Governor Charles Baker ordered a phased reopening of state businesses. 

The new bill, which follows April 23, 2020 legislation aimed at opening COVID-19 emergency response funding to cannabis businesses, offers a previously unclear path forward for financial services to the cannabis industry by amending the current restrictive regulatory framework on banking.

On April 23, 2019, US Representative Earl Blumenauer (D-OR) introduced HR 6022, the “Emergency Cannabis Small Business Health and Safety Act” in the House Committee on Small Business to extend federal COVID-19 relief to the cannabis industry.

On March 23, 2020, the US Drug Enforcement Administration (DEA) issued a proposed rule that, if finalized, would establish processes by which individuals and entities could apply to DEA to lawfully grow marijuana.

COVID-19 has upended operations for licensed Massachusetts recreational and medical cannabis businesses. Recreational cannabis has been shut down for the time being. Medical cannabis continues, but with temporary new rules in place. 

In March 2020, FDA Associate Emily Leongini was quoted in Hemp Industry Daily regarding statements made by the Commissioner of the US Food and Drug Administration, Dr. Stephen Hahn regarding CBD.

California’s Office of Environmental Health Hazard Assessment recently added Δ9-tetrahydrocannabinol (THC) and “cannabis (marijuana) smoke” to the list of chemicals known to the state of California to cause reproductive toxicity, with an effective date of January 3, 2020.   

AF International Co-Leader and Litigation Partner Malcolm McNeil was recently quoted in Marijuana Business Magazine in an article titled “Cash Cow”. The article addresses the current trend of large multistate marijuana companies wanting to turn their real estate into quick cash, providing a valuable

As more states take steps to legalize cannabidiol (CBD) and marijuana, there are many outstanding questions for potential landlords of cannabis-related businesses.

While the latest guidance on regulating financial services for hemp businesses may feel like a turning point, current banking regulations will likely continue to inhibit hemp businesses from integrating into the mainstream financial system.

On January 10, 2020, California Governor Gavin Newsom submitted his 2020-21 State Budget proposal, which includes key changes that would affect the cannabis industry, such as consolidating the three State licensing agencies.

Partner Julie Stahr was quoted on the Illinois Cannabis Regulation and Tax Act, which legalized and regulated the production, sale, and consumption of cannabis in the state of Illinois.

On December 19, 2019, EPA granted the first approvals for the use of crop protection products—nine biopesticides and one conventional pesticide—on hemp, providing a new set of crop protection tools for hemp farmers in time for the 2020 growing season. 

Food, Drug, Medical Device & Cosmetic attorney Emily Leongini will present at Q1 Production’s 7th Annual Food Labeling Regulatory Compliance Conference in February.

On October 31, 2019, the US Department of Agriculture (USDA) published its eagerly anticipated interim final rule governing the domestic production of hemp, pursuant to the Agriculture Improvement Act of 2018 (commonly referred to as the 2018 Farm Bill).