Articles Posted in Marijuana Lawyer

The owners of a marijuana dispensary in Colorado are challenging a provision of U.S. Tax Code that the Internal Revenue Service has interpreted to mean state-legal marijuana businesses should not be allowed to take deductions or claim credits.

marijuana tax lawyer

The couple asserts in a brief filed in U.S. Tax Court that the IRS’ determination of their taxes owed for 2010 through 2012 were unjust, and that they were unfairly taxed compared to other business owners. A marijuana attorney representing the pair characterized the specific section of the code as “absurd.”

Section 280E, deals with expenditures in connection with illegal sale of drugs. As noted in a 2015 internal memo within the IRS, although a marijuana business is illegal under federal law, it remains obligated to pay federal income tax because Section 61(a) doesn’t differentiate between income derived from legal sources and those derived from illegal sources (See the 1961 case of James v. U.S.).  Continue reading

A university in Michigan is breaking new ground on higher education by offering an advanced degree in marijuana. marijuana attorney

The program at Northern Michigan University in Marquette involves medical plant chemistry, and it started just this semester. About a dozen students are enrolled in the class, which combines horticulture, botany, biology, chemistry, finance and marketing. The program is unique in that, while other schools do offer classes on marijuana law and marijuana policy, none other offers this kind of comprehensive coursework. First off, it’s not a single class but a full, four-year degree. Secondly, it addresses both the science and business aspect of marijuana cultivation and sales. Graduates will be uniquely situated to open their own marijuana business.

Although there are some joking about the ease of such a program, those who are enrolled in or teaching it say it’s not simple at all. The coursework is complex and varied.  Continue reading

Although Proposition 64 opens the doors for for recreational marijuana businesses in California, it still allows the county’s 88 cities to regulate these businesses however they see fit. While the City of Los Angeles has indicated it intends to license these shops next year (the state will begin issuing licenses Jan. 1, 2018), the Los Angeles County government has been notoriously averse to marijuana dispensaries.marijuana attorney

But now, a marijuana collective has been formally recognized by the county. 99 High Tide Collective in Malibu obtained a business license through the L.A. County government, despite the county’s 2011 ban on marijuana businesses. That ban had been extended as of June, while the L.A. County Board of Supervisors weighs a clear system of rules for cultivators, producers and retailers of recreational marijuana.

Although the business is located in Malibu, the city contracts with the county to process its business licenses. Malibu has just two dispensaries, this being one of them. Still, county leaders are clear to point out: This is not actually a county license. It is a city license handled by contract through the county. At this juncture, the county still isn’t approving or authorizing any marijuana businesses.  Continue reading

The federal government needs to reform laws on cannabis so legal cannabis businesses in states that have de-criminalized marijuana can operate more efficiently and without the threat of federal prosecution. Los Angeles marijuana business lawyers know many cultivators and purveyors of marijuana face challenges on a range of issues, including tax challenges and difficulty finding financial institutions, even though there has been a thriving marijuana industry for a long time in California.cannabis

Crafting smart policies in connection with drugs is vital. The agency in Washington that plays a major role in crafting drug policy is called the White House Office of National Drug Control policy. According to the Washington Post, this Office is currently facing substantial cuts. If budget cuts which are currently being discussed occur, the cuts could undermine the ability of the federal government to create and enforce the nation’s drug laws. Continue reading

While the state of California empowers collectives and cooperatives to provide affordable access to medical cannabis, there are still criminal laws in California for certain offenses related to the drug. If you are accused of violating any of those laws, Los Angeles marijuana criminal lawyers can represent you and fight to help ensure the most positive outcome within the criminal justice system. criminal defense

Defending yourself from accusations of wrongdoing is important because a conviction for an offense related to marijuana can have serious consequences. This is especially true if you face federal criminal charges, but penalties can still be serious on the state level. The fact that a person could have his life derailed because of a marijuana prosecution shows the need for reforms to the legal system.

One recent case in Louisiana demonstrates why it is so important for efforts to move forward to encourage more states to alter the way they treat marijuana, and why it is important to continue educating the public on the benefits of cannabis use and the need for reform. The case involved a man who was sentenced to 18 years imprisonment for the possession of just 18 grams of cannabis. Continue reading

The cannabis industry is growing and lawyers and law firms are taking notice. The Chicago Tribune reported recently on the rapid rise in the number of legal professionals who are promising marijuana businesses they can help them navigate the complex regulatory climate that governs the burgeoning marijuana industry. marijuana lawyer

While it’s good news for those who want to get into the marijuana businesses that they may soon have more knowledgeable legal advocates to guide them, it is also important for companies hiring to ensure they have the right legal help.

An attorney who has just started advising marijuana businesses only because the industry is poised for major growth over the next decade will not have the same level of experience as marijuana business attorneys like the Cannabis Law Group, which has been working within this industry in Southern California for many years. Our position as one of the oldest firms practicing marijuana law has given our firm insight and real-world experience that newcomers to the field of cannabis law have not had time to acquire. Continue reading

A funeral director licensed to work in New Jersey has filed an employment lawsuit, alleging he was fired for her personal use of marijuana to help treat symptoms of cancer. smoke

According to NJ.com, the 39-year-old professional wrote in his complaint that he’d been prescribed medicinal marijuana after being diagnosed with cancer approximately two years ago. Two years before that, in 2013, he was hired to work as a funeral director, where he logged approximately 30 hours each week. By all accounts, he did the job well and had good reviews for customer satisfaction. But then, in the spring of 2015, his physician found a tumor on his spine. They removed it. Then, they found another one. That one was in too dangerous a location to be surgically removed. Other forms of treatment, including chemotherapy and radiation were ordered. To help ease some of those symptoms, including nausea and loss of appetite, doctors prescribed patient moderate doses of marijuana.

Plaintiff insists he never used the drug during working hours, using the substance only in the evenings. Further, he insists he was never high at work. However, one day in May 2016, plaintiff was on-the-job, driving his vehicle when he was involved in car accident. At the hospital emergency room, he revealed that he had a prescription for medical marijuana and he tested positive for the drug. However, he insisted he was not under the influence of the drug at the time of the collision. Continue reading

In what is believed to be a first-of-its-kind lawsuit, the sons of a woman killed by her husband, allegedly after he consumed marijuana-laced taffy, are suing the maker of that candy, as well as the retailer who sold it to the man. The victim’s sons are alleging wrongful death. Specifically, the sons allege the clerk at the store failed to warn the husband/ buyer of the fact that if he consumed too much, it could trigger paranoia, psychosis and hallucinations. candy

It’s going to be something of an uphill battle for the plaintiffs, though, because they are going to be tasked with proving marijuana was the cause of this violent episode, even though violence is almost never associated with marijuana use.

The 44-year-old victim died in April 2014 after her husband shot her in the head. This was after he consumed several bites of an orange ginger taffy that contained marijuana. He’d reportedly purchased the candy at a retailer on South Colorado Boulevard in Denver. After being informed that the buyer was not an experienced user, the store clerk reportedly did tell him not to take too large of a dose, but it’s not exactly clear if he defined how much was too much. The whole taffy candy contained 100 milligrams of THC. State regulators consider this 10 times the normal dosage. The man didn’t eat the entire candy, but it’s not clear how much he consumed. Drug tests performed after the murder indicated he had a THC concentration of 2.3 nanograms per milliliter, which is less than half of what is considered by lawmakers in that state to constitute impairment by a driver. Still, the drug isn’t processed in the same way as, say, alcohol, so it’s not clear whether that is in fact an accurate determination of his level of impairment, particularly given that he was not a regular user. Continue reading

A Canadian company has tripled its production capacity by moving into an old chocolate factory, a long-time vacant facility that had posed the risk of blight and crime for the community in a suburb of Ottawa, Ontario for years.chocolate

According to Financial Post, this purchase could make Canopy Growth, the parent company, the owner of the biggest indoor marijuana production site in Canada, and possibly the world. The building was purchased with the help of a group of collective investors who backed Canopy. There was previously a medical marijuana facility of the site, but they were only a tenant and they only took up a third of the building’s space – a whopping 472,000 square feet.

This new space has the potential for add-ons of hundreds of thousands of square feet of production and processing space, which could include expanding the indoor facilities or creating greenhouse growing platforms. Even as there is a need for commercial processing of the drug, there is also space needed to convert the marijuana and cannabinoids into products that are higher margin means of profit, such as oils and edibles. Vaporizer pens and other medical delivery options too could be easily manufactured at this site.  Continue reading

Weddings are often about tradition. There is the dress and the vows and the dance and the tossing of the bouquet. But it appears a growing number of betrothed couples in states where recreational marijuana is now legal are forging a new tradition: Weed at the wedding. boquet

There are a lot of different ways couples are incorporating this.

For some, as Fox News noted, it involves “the first toke,” using a “unit bowl” that represents the blending of their two budding lives together – similar to what we see with the older traditions of the “unity candle’ or the “sand ceremony.” In other cases, as CNBC reports, there is at least one florist in Denver who at her “Buds & Blossoms” shop specializes solely on marijuana-infused weddings. She affixes floral wedding bouquets and centerpieces with buds of cannabis tucked among the hydrangeas and roses. And there are other couples who are inviting their guests to imbibe with “cannabis bars.” One company that caters to newlyweds in Seattle and Portland specializes in setting up outdoor cannabis bars (as many venues shy away from having the substance smoked or on display inside).  Continue reading

Contact Information