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In response to a growing list of stakeholders asking about the use of THC and other cannabidiols from industrial hemp by licensed marijuana businesses, the Colorado Marijuana Enforcement Division (the “MED”) today issued an industry bulletin. Industrial hemp product is not permitted to be further processed or extracted before or after inclusion in a marijuana […]

Friends, On April 20, 2021, Denver Mayor Michael Hancock signed two bills that will have significant and lasting impacts on the local marijuana industry. Since early 2020 the Denver city council has planned to enact legislation creating a social equity program and marijuana delivery program that coincides with state regulations. Below, we discuss some the […]

Hemp-derived Delta 8-THC has recently received attention as a possible legal alternative to Delta 9-THC derived from regulated cannabis.  The hemp-derived Delta 8 issue has made headlines, from The New York Times to Hemp Industry Daily. Is it legal? It’s unclear at the federal level, and in some states, Delta-8-THC derived from hemp is illegal, […]

Last week, the Colorado Marijuana Enforcement Division issued amendments to rules concerning marijuana contaminants. The new rules go into effect on May 1, 2021. The rules clarify when and how businesses may transfer marijuana prior to testing and procedures associated with testing harvest batches. McAllister Garfield attorneys have unparalleled experience in dealing with testing marijuana […]

On January 15, 2021, the U.S. Department of Agriculture (the “USDA”) issued its final rule regulating the production of industrial hemp under the Agriculture Improvement Act of 2018. The final rule will become effective March 22, 2021. Here are some highlights: Harvest window. Producers now have 30 days, up from 15, after collecting samples to […]

Friends, The City and County of Denver has released draft legislation expected to be enacted in the second or third quarter of 2021 concerning delivery, hospitality, social equity, and a permanent moratorium on most new licenses. The legislation proposes a permanent moratorium on new medical stores and cultivation facilities and on all retail licenses until […]

The California cannabis industry had a big day at the voting booth in 2020. Over thirty municipalities within the State of California approved cannabis measures during this year’s elections. While a number of the ballots that passed are tax or advisory measures, regulatory regimes and licensing ordinances will commonly follow soon thereafter. Encouragingly, many local […]

Friends,  On election day, Oregon made history by passing Measure 109 – legalizing therapeutic use of psilocybin (magic mushrooms) and creating a regulatory system to allow private businesses to provide these services. See this article. We are honored that Sam Chapman, the campaign manager for Measure 109, will join us for a webinar on November 9, 2020 […]

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. […]