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Friends, Cannabis legalization and the continuing winddown of the war on drugs was perhaps the biggest winner, both in Colorado and nationally. National Results: Arizona approves adult use Mississippi approves medical use Montana approves adult use New Jersey approves adult use Oregon decriminalized certain hard drugs and legalized psilocybin therapy* South Dakota approves adult use […]

Friends, As you may know, along with our work in cannabis, McAllister Garfield has been pioneering legal strategies related to the decriminalization and recent efforts to promote state legalization of psychedelics, including psilocybin (magic mushrooms). See Sean’s recent article on this topic here. On election day, Oregon will vote on Measure 109, a ballot initiative that […]

Friends, The COVID-19 pandemic has led to serious government cutbacks at the state and local level due to a reduction in economic activity. Since states began instituting legalization regimes, this has led to a high tax burden on the industry. Given the recent rise of marijuana sales since March, businesses should assume that governments will […]

As part of the continuing resolution to temporarily fund the federal government, Congress extended the 2014 Farm Bill’s industrial hemp pilot program until September 30, 2021, which was set to expire at the end of this month. Several states continue to operate under the 2014 Farm Bill after opting out of the 2018 Farm Bill. […]

Friends, On October 9, 2020, the Colorado Marijuana Enforcement Division (the “MED”) adopted amended permanent rules that go into effect on January 1, 2021. The MED’s 2020 rulemaking was not an overhaul as it had been in 2019, but here are some highlights: Rule 1-105.B—All licensees must comply with all public health orders from any […]

Friends,Sean McAllister is well known as an accomplished business litigator in the cannabis and hempspace. Based on his expertise, the Colorado Bar Association has asked him to speak at theupcoming Litigation Summit. Sean’s accomplishments in litigation are many, but include thefollowing: Represented a cannabis company sued by a customer of who claimed the company should haveprotected […]

The Internal Revenue Service (“IRS”) last Thursday released updated guidance on a stand-alone web page for the state-legal marijuana industry. The new guidance covers the rules for IRC Section 280E, income reporting, reporting case transactions over $10,000, cash payment options, estimating tax payments, and keeping financial records. “A key component in promoting the highest degree […]

Even in good times, operating a business can feel like drinking from a fire hose. The hose gets even bigger when a business becomes distressed. There are no quick fixes, but here are the top five concerns for distressed businesses: Assess Your Financial Position and Focus on Cash Review your cash flow, cash reserves, and […]

Friends, As you may know, I have been pioneering work with the emerging psychedelic renaissance, including advising people on what is legal in decriminalized cities, working with therapists interested in psychedelic-assisted therapy, a company producing cGMP psilocybin for clinical trials, and advising groups interested in religious exemptions for psychedelics under the Controlled Substances Act. Click here for […]

Friends,The Trademark Trial and Appeal Board (the “TTAB”) affirmed this month a decision by the United States Patent Trademark Office (“USPTO”) denying cannabis brands, specifically products containing CBD, from getting trademark protection for dietary supplements. The case began with a March 18, 2015, trademark filing for “CW” by the Colorado-based cannabis company Stanley Brother Social […]

Friends,On Monday, the Supreme Court issued an opinion that drastically changes the landscape of trademark law. Businesses use trademarks to protect a brand from being confusingly similar to other brands. Strong trademarks also encourage consumers to trust certain trademarks over others. For instance, reportedly 65% of single men buy Tide detergent because that was the […]

Last week, the Colorado legislature took another step in dealing with some of the consequences brought about by the numerous cannabis-related arrests and convictions during the war on drugs. House Bill 20-142, Social Equity Licensees in Regulated Marijuana, amends the current state-wide cannabis Social Equity Program in Colorado by expanding eligibility for the program to […]