Blog

Rollout of Social Use in Denver

Author: Jeff Wilson Following the election victory for Initiative 300 (“I-300”), Denver is ironing out how to issue permits for social use of cannabis in businesses, private clubs, and at special events. Currently, adults in Denver can lawfully consume cannabis only on private property not open to the public, such as private homes (including yards […]

McAllister Garfield on Sean Spicer’s Comments

February 24, 2017 Friends, Like you, McAllister Garfield is concerned about Sean Spicer’s comments yesterday about the Trump Administration’s apparently novel views about adult-use cannabis. At first glance, Spicer’s comments are contrary to some of the positions President Trump took in his campaign. Nevertheless, public pronouncements in the Trump Administration often have no connection to […]

Pre-Suitability

As you may recall from an earlier blog post entitled “Mechanisms for Out-of-State Ownership in Colorado,” January 1, 2017 marked a monumental change for cannabis business ownership requirements. Now, any U.S. citizen may apply to take an ownership interest in a cannabis business (subject to a criminal background check and other ownership qualifications). However, until […]

Products Liability Case in California

By John Schroyer, Omar Sacirbey and Bart Schaneman Aggregated from: http://mjbizdaily.com/week-review-contaminated-mmj-colorado-safety-guide-ohios-tech-search/ Tainted medical cannabis is suspected in a California cancer patient’s death, Colorado creates a workplace-safety guide, and Ohio is in the market for a seed-to-sale tracking system. Here’s a closer look at some notable developments in the marijuana industry over the past week. More […]

Sessions comments and Possible Impact of Trump on Cannabis Industry

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, […]

Denver’s Odor Control Plan

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 […]

DEA Rule Memo

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 […]

Legal Changes on the Horizon for Colorado Home Grows

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), […]

Raising Capital

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 […]

Status of CA Marijuana Law

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, […]

Initiative 300

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 […]

Compacts and Comments: Vetting Marijuana Endeavors in Indian Country

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 […]