Blog

MED Proposes Rules Affecting Marijuana Vaping Devices

Friends, What some have called the “national vaping crisis” has led to rulemaking by the Colorado Marijuana Enforcement Division (the “MED”). In Colorado alone there have been nine reported cases of vaping related illnesses resulting in seven hospitalizations, according to the Colorado Department of Public Health and Environment. Some Colorado cannabis industry stakeholders favor more […]

MED Enforcement Actions 2018-19

Friends, McAllister Garfield is a leading regulatory enforcement law firm in both CO and CA. Each year, the Firm inventories the regulatory enforcement cases brought in the past year. 2018 was an eventful year for the Colorado Marijuana Enforcement Division (the “MED”) and industry participants regarding enforcement actions. From January 1 until December 31, the […]

Yes, Cannabis Businesses Are Required to Comply with Other Federal Law

Friends, Once again, a cannabis-related business has tried and failed to convince a court it need not follow other federal law because it violates the Controlled Substances Act (the “CSA”). On September 20, 2019, the United States Court of Appeals for the Tenth Circuit in Denver held that employers operating in the cannabis industry must […]

MED ISSUES GUIDANCE ON EMERGENCY RULES FOR “PUBCO” BILL

Friends, On September 3, the Colorado Marijuana Enforcement Division (the “MED”) issued guidance FOR the emergency rules implementing HB-1090, commonly known as the “Pubco Bill,” which goes into effect November 1. Much of the publicity and activity concerning implementation of HB-1090 and the emergency rules has focused on publicly traded entities and private equity funds […]

Hemp Banking Developments

Friends, This month, the National Credit Union Administration (the “NCUA”) issued guidance to federally insured credit unions for banking hemp businesses. The guidance provides some parameters for credit unions banking hemp businesses. The NCUA guidance requires any credit union providing services to hemp businesses to conduct due diligence on hemp businesses, and ensure that there […]

Los Angeles Announces Opening of Cannabis Retail Application Window

Friends, The Los Angeles Department of Cannabis Regulation announced the opening of Phase 3 Round 1 of retail licensing for the City of Los Angeles for 10:00 a.m. Pacific on Tuesday, September 3. Only storefront retail licenses will be available in this round of licensing. The City will process applicants on a first-to-file basis, and only the first […]

MED Adopts Emergency Rules for Pubco Bill

Friends, On August 1, as expected, the Colorado Marijuana Enforcement Division (the “MED”) adopted emergency rules to implement HB-1090, commonly known as the “Pubco Bill,” passed by the Colorado Legislature in May to expand ownership of licensed cannabis businesses to public traded entities, venture capital, and private equity beginning November 1. The emergency rules extensively […]

Air Quality and Cannabis Extraction in Colorado

Companies involved in the extraction and manufacture of products from Cannabis sativa L. (hemp or marijuana) are subject to regulation by the Colorado Department of Public Health and Environment (CDPHE) – especially large operators working with chemical solvents and hydrocarbon extraction like butane and propane. The release of emissions into the air from extraction and […]

Illinois Cannabis Legalization – Summary of HB-1438

Following the Governor’s signature on June 25, 2019, Illinois is now the second Midwestern state to legalize adult use cannabis. The new law allows adults 21+ to possess up to 30 grams of cannabis, 500 mgs of THC-infused edibles, and 5 grams of cannabis concentrates, cumulatively, with out-of-state residents limited to half of those amounts. […]

Welcoming Dan Kramer

McAllister Garfield is happy to announce the addition of another lawyer in its Denver office: Dan Kramer. Dan is an experienced lawyer with a background in intellectual property strategies, entity formation and licensing. Intellectual property assets enhance business valuation and create new opportunities to generate revenue.  Dan can help you create a protectable and licensable trademark […]

Governor Polis Signs Major Marijuana Bills in Colorado, Including Public Company Ownership

Friends, Yesterday, Governor Polis signed into law three significant bills that will have major impacts on the Colorado cannabis industry. These bills will require additional rulemaking by Colorado’s Marijuana Enforcement Division before the new laws are implemented. If you have any questions about the impact of these new laws on your business, contact McAllister Garfield […]

City of Los Angeles Releases Software For Forecasting Cannabis Retail Locations in Community Plan Areas

The Los Angeles Department of Cannabis Regulation released a geographic information system for public use. The mapping and analytical software tool outlines each Community Plan Areas (CPA) and the number of retail licenses available within the highlighted CPA per the City’s definition of Undue Concentration.  CPAs were designated by the City of Los Angeles in […]