Blog

LA Expansion of Social Equity Licenses

Friends, Los Angeles’s Department of Cannabis Regulation proposed significant changes to its cannabis business licensing rules and social equity program. On June 24th, 2020 the City of LA Rules Committee approved the recommendations from the Department of Cannabis Regulation which seek to: Allow the issuance of conditional Temporary Approval to Phase 3 Applicants. Allow businesses […]

THE TAXMAN IS COMING

Two recent government audits, one from the IRS, the other from the Denver auditor, highlight the continuing tax troubles facing cannabis businesses. The IRS’s report, titled “The Growth of the marijuana Industry Warrants Increased Tax Compliance Efforts and Additional Guidance,” (“TIGTA”) issued on March 30, 2020, and the Denver auditor’s report, issued in April 2020, […]

MED Issues New COVID Emergency Rules

Friends, Last Friday, the MED issued another set of emergency rules for marijuana licensees regarding the COVID-19 pandemic. These rules largely continue existing COVID-19 rule provisions, but make some additional changes. Notably: Licensees are still required to follow all executive and public health orders, failure to do so is a license violation affecting public safety. […]

Industrial Hemp Products and Marijuana Licenses

Friends, The MED issued a compliance tip for hemp producers and marijuana licensees that explains how to sell, manufacture, and test industrial hemp products in Colorado’s regulated marijuana marketplace. Both retail and medical marijuana stores can now sell industrial hemp products. MED and Colorado Department of Public Health and Environment (“CDPHE”) regulations govern what hemp […]

No More Residency Requirements for MED Badges

Dear Friends, In the litany of changes that have hit our lives over the last three months, we at McAllister Garfield want to highlight a small but significant positive change coming to the marijuana industry in Colorado.  On March 24th, 2020, Governor Polis signed into law House Bill 20-1080.  Under current law, all managers and […]

MED CLARIFIES MODIFICATIONS FOR CURBSIDE SERVICES

Friends, Today, in response to inquiries regarding Industry-Wide Bulletin 20-03, the MED clarified  what it means by temporary modifications to licensed premises to allow medical and retail stores to provide curbside services: Medical and Retail Marijuana Stores seeking to provide “curbside” service pursuant to the Emergency Rules, but at a location that creates limitations for […]

Denver Retail Marijuana Will Remain Open

Friends, Denver Mayor Hancock issued an order today that requires Denver residents to “shelter in place” to help slow the spread of COVID-19.  The order also requires all Denver businesses other than “Essential Businesses” to cease operations immediately. Luckily, after hearing concerns from the industry and others, the mayor clarified his initial order to make […]

COVID-19 Update

Friends, Over the past four days, Colorado Governor Polis signed several executive orders that affect the cannabis industry, and the MED has enacted emergency rules and new guidelines for dealing with the COVID-19/coronavirus crisis and the governor’s orders. The sum impact of these measures is summarized here:   The governor ordered all Colorado businesses (with […]

McAllister Garfield Statement About COVID-19 Impacts on California Cannabis

Friends, As the COVID-19 (coronavirus) pandemic continues to impact everyday life in California and beyond, the State’s cannabis industry is bracing for what’s ahead. While operators and consumers wait for official guidance from the Bureau of Cannabis Control and Governor Newsom, many California cannabis businesses remain open where permitted. Governor Newsom has not indicated that […]

McAllister Garfield Statement on COVID-19

Friends, The effects of the COVID-19 (corona virus) pandemic are coming into focus and the impacts for the cannabis industry are striking and potentially severe. In response to this public health crisis, here are some announcements and observations from the Firm. 1. The Firm is no longer meeting in person, either inside or outside the […]

Interview with Sean McAllister Regarding Federal Investigation in CA

Friends, This week, it was revealed that the US Attorney in the Eastern District of California has issued subpoenas to numerous operators in California, with a focus on the activities of Weedmaps. Weedmaps has been advertising unlicensed cannabis shops in California for several years now and it appears the federal government is taking an interest […]

California Changes to Consumer Privacy Data Will Affect All Cannabis Businesses Dealing With California Residents

The rules have changed in California concerning how and when you can use customer data, and the impact will be felt in many industries across the country, including the cannabis and hemp industries.  On January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) became law and affects businesses operating in California and businesses […]