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Friends, Many people are concerned with the nomination of US Senator Jeff Sessions as the next US Attorney General and the impact of that nomination on the regulated marijuana industry. Mr. Sessions has provided written responses to marijuana questions from a number of senators. Highlights include: “While I am generally familiar with the Cole memorandum, […]

In May 2016, Denver revised its odor ordinance to require certain odor-producing industries, including the cannabis industry, to develop an odor control plan (“OCP”), which describes specific odor mitigation technologies and techniques a facility uses to comply with Denver’s updated odor regulations. The updated regulations are now in effect and Denver held a presentation on […]

As many of you by now know, the DEA issued a final rule on December 16, 2016, “Establishment of a New Drug Code for Marihuana Extract.” 21 C.F.R. § 1308.11(d)(58); 81 Fed. Reg. 90194 (Dec. 14, 2016), which creates a category, separate from marijuana or tetrahydrocannabinol (“THC”), for marijuana extracts. DEA’s new rule creates a […]

The Colorado Constitution contains the most liberal home grow laws in the nation. Most legal marijuana states have residential plant limits in the single digits, and some do not allow home grows at all. In Colorado, every adult over 21 may grow up to 6 recreational plants (with no more than 3 flowering at once), […]

Author: Dan Garfield As the cannabis industry grows, old markets open to new money (for example, out of state ownership is now permitted in Oregon and will be permitted in Colorado in 2017), and new markets open, our clients at McAllister Garfield have been coming to us for advice on how to raise capital for that […]

As you may know, Sean McAllister recently became a licensed California lawyer after 17 years as a lawyer in Colorado. California was the first state to legalize medical marijuana in 1996 with the passage of the Proposition 215, the Compassion Use Act (the “CUA”). The CUA allowed for patients and caregivers to collectively grow, share, […]

Author: Dan Garfield Initiative 300 has passed in Denver! Initiative 300 will create a four-year pilot program allowing businesses to seek permits for bring-your-own marijuana, over-21 consumption areas. These areas may be both indoors and outdoors. Indoor areas will allow for vaping and edibles, but not smoking (as that would violate the Colorado Clean Indoor […]

Author: Garrett L. Davey Following the November 2016 election, more than half the country’s population lives in a state where marijuana is legal under state law, either for medical or recreational use. Many American Indian tribes are similarly contemplating entry into the marijuana industry, albeit at a slower pace and with myriad legal complications not […]

November 11, 2016 Friends, Though the presidential election may have stolen the limelight, cannabis scored huge victories across the country on election day. As far as the presidential election, there is no way to know what President Trump will do regarding marijuana. He has said in the past that he will respect state rights on […]

Denver, Colorado – November 10, 2016 – Renowned Colorado drug attorney Sean McAllister has taken oath in the state of California and is now licensed to practice law in the Golden State. McAllister Garfield already has lawyers on the ground in San Diego and Los Angeles, and the firm plans to hire additional attorneys to […]

Colorado’s regulatory environment for out-of-state ownership of cannabis businesses has changed often since 2014, and more changes are coming January 1 after the legislature voted in May 2016 to finally permit out-of-state ownership. Many of these changes are designed to allow for out-of-state money to flow into the state to alleviate banking and lending concerns […]

SUMMARY OF CHANGES TO THE COLORADO RETAIL AND MEDICAL MARIJUANA CODE (1-CCR 212-1 AND 1-CCR 212-2) (as of November 2016) ***** Unless otherwise noted, all changes take effect January 1, 2017. This summary is provided as a convenience, is not legal advice, and should not be substituted for formal consultation with a licensed attorney. Ownership […]