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Controlled Substances Act

May 20, 2019

Post-Farm Bill Importation of Industrial Hemp

As we previously blogged, the last subsection of the Agriculture Improvement Act of 2018 (the “Farm Bill”) amended the Controlled Substances Act (the “CSA”) to exclude “tetrahydrocannabinols in hemp,” where hemp “means the plant Cannabis sativa L. and any part of that plant . » Read More

May 03, 2019

What Cannabis Brand Owners Need to Know About the USPTO’s Recent Guidance on Cannabis Trademarks

On May 2, the United States Patent and Trademark Office (USPTO) issued insightful guidance on its procedures for the examination of trademarks for cannabis-related goods and services. This guidance comes months after the passage of the 2018 Farm Bill, which decriminalized industrial hemp and CBD derived from industrial hemp.» Read More

Mar 01, 2019

Once Again, the Tenth Circuit Says “Yes” to Cost of Goods Sold and “No” to Business Expense Deductions for Cannabis Businesses

The recent Tenth Circuit decision of Feinberg v. Commissioner of Internal Revenue reminds cannabis businesses that as long as marijuana remains a Schedule I controlled substance under federal law, they will not be permitted to take deductions for business expenses.  However, these businesses may still reduce their gross income by their cost of goods sold (COGS). » Read More

Jan 24, 2019

Can Health Insurance Plans Provide Coverage for Medical Marijuana Claims?

The presence of legalized medical marijuana has not only been increasing throughout New Jersey, but nationwide, and it appears this trend will continue. Currently, medical marijuana is not covered under health insurance plans in the U.S. and it is likely to remain that way if it remains a Schedule I drug.» Read More

Oct 08, 2018

Commercial Landlords Must Assess Risk Before Leasing to Marijuana Providers

Many states have passed laws legalizing medical and/or recreational marijuana use. As a result, manufacturers of marijuana will need a place to conduct their business, and commercial landlords, many of whom were suffering with high vacancy rates, are more than eager to fill the need.» Read More

Sep 18, 2018

IRS Authority to Determine Violations of Controlled Substances Act Challenged

A “Farm to Flame” cannabis operation in Colorado has asked a U.S. Court of Appeals to preclude the Internal Revenue Service (IRS) from disallowing income tax deductions for certain business expenses incurred by marijuana companies. The IRS had previously concluded that these business expenses were not deductible as they were incurred in business operations that violate federal law.» Read More

Jul 28, 2018

New Jersey Awaits Marijuana Waste Disposal Requirements

As New Jersey’s medicinal marijuana industry expands, and the recreational use legislation continues to be fine-tuned by the state legislators, requirements for the disposal of waste from marijuana operations will play an important part in the regulation of the industry. New Jersey’s proposed recreational use legislation does not require that any specific waste practices be implemented; rather it merely requires cultivation and dispensary applicants to provide a waste disposal plan with the application.» Read More

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