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Effective July 1, 2017, the Colorado Department of Public Health and Environment (“CDPHE”) published a new policy for foods and supplements which authorized the use of “all parts of the industrial hemp plant” as a food ingredient. Manufacturers of hemp products, such as hemp oil and other hemp derivatives intended for human consumption may now […]

Designated Consumption Area (“DCA”) permits are revocable, non-transferrable permits that allow cannabis consumption at qualified businesses or special events in Denver. While DCA permits for businesses are valid for one year, permits for special events cannot be longer than ten days per calendar year. Denver’s Office of Excise and Licenses has issued draft rules for […]

A provision of Amendment 64, which legalized limited possession and use of cannabis by adults in Colorado, provided a right to “process” up to 6 cannabis plants. In People v. Lente, 2017 CO 74, decided this week, defendant Austin Lente argued that this constitutional right to process marijuana immunized him from prosecution for unlicensed manufacture […]

McAllister Garfield, P.C. is proud to report the impending release of the 2017 California Cannabis Opportunity Report. This Report is a joint project from McAllister Garfield, P.C., Denver Relief Consulting, and the Marijuana Policy Group. The report is something new, going beyond surface level state revenue projections and diving deep into the future of regulated […]

Author: Jeffrey R. Wilson, Esq. The Colorado Marijuana Enforcement Division (“MED”) recently issued its first position statement of 2017. The MED may issue a position statement when it receives a written request for clarification about the specific applicability of the Colorado Retail and Medical Marijuana Codes, or the rules promulgated thereunder. The MED has discretion […]

Author: Jeffrey R. Wilson, Esq. The Colorado Legislature authorized the Marijuana Enforcement Division to begin issuing transporter licenses in 2017. A transporter license allows a third-party entity to serve as an intermediary between grows, infused products manufacturers, and dispensaries by picking up, storing, and delivering wholesale cannabis and cannabis products. Transporters may operate in both […]

Author: Garrett L. Davey, Esq. On Wednesday, a South Dakota jury found Eric Hagen, president and CEO of Colorado based Monarch America, not guilty of drug charges. Hagen helped the Flandreau Santee Sioux tribe grow marijuana for a cannabis resort the tribe hoped would generate millions in tribal revenue. South Dakota prohibits cannabis in all forms, […]

Sean McAllister was one of the 11 candidates elected today to the National Cannabis Industry Association’s board of directors. Sean will serve on the board for the next two years and will be in a prime position to influence national cannabis policy. With 3 candidates vying for each available seat, 34 total candidates, this was […]

Despite restrictions on cannabis businesses’ profits and products crossing state lines, one area where cannabis businesses can have national reach is in intellectual property licensing. Cannabis businesses can license their trademarks outside the state of Colorado for use in emerging markets, and, conversely, an out-of-state intellectual property owner can participate in Colorado’s regulated cannabis market […]

Last Friday, President Trump signed the federal spending bill, which included three provisions protecting the cannabis industry from federal interference. These protections are similar to provisions found in previous versions of the bill in 2015 and 2016. Specifically, Section 537 applies to medical marijuana laws in states where it is legal, and Sections 538 and […]

Author: Jeff Wilson, Esq. The laws governing Colorado’s medical and retail marijuana businesses share many common elements, but also have a few key differences. However, the state legislature recently narrowed such differences with the passage of House Bill 17-1034, which became law on March 16, 2017. Broadly speaking, this new law updated the state’s medical marijuana […]

On April 13, Canadian Prime Minister Justin Trudeau introduced legislation, widely expected to pass, that would make recreational marijuana legal nationwide in Canada. Press Release Canada has had legal medical marijuana since 2001. But medical dispensaries are illegal, despite being tolerated in certain areas. Medical marijuana is usually shipped directly to patients by wholesalers. The […]