A (Truly) Modest Proposal for Compromise on Cannabis
So many issues in our country are polarized, with each side convinced they have the greater understanding of what our country needs or what their God wants. We would not attempt to suggest a compromise on abortion or deficit spending. But, federal treatment of cannabis seems ripe…
Maybe, just maybe, sanity will surface in our nation’s capital — at least with respect to states’ rights in the cannabis space. Pressure from Colorado Republican Senator Cory Gardner seems to have convinced Donald Trump that he can’t sit by while Attorney General Sessions threatens the industry, at least in those states where cannabis has…
On June 7, 2018, a supermajority of the Washington Legislature blessed financial institutions and accountants providing services for the licensed marijuana industry. The new law is comfort legislation for a special class in Washington. It is also a protest against impressions about the threat of federal prosecution. But what comfort is the legislation for persons falling outside the protected group? Does it provide any comfort or is it the proverbial cold comfort? The answer may be economics and politics (limited funds to target violent crime, federal/state relations and votes) should reduce the threat of prosecution, regardless of the new legislation.
…
Continue Reading 2018 Washington State Comfort Legislation for the Financial Industry and Accountants Dealing With Licensed Marijuana Businesses
Josephine County responded aggressively to a recent adverse decision by the Oregon Land Use Board of Appeals (LUBA), bringing suit against the State of Oregon to invalidate the state’s marijuana laws. The complaint, filed April 3, 2018, argues that the federal Controlled Substances Act (CSA) preempts Oregon’s recreational and medical marijuana schemes.
Continue Reading Josephine County Sues State of Oregon Over Marijuana Laws
Attached is an interview in the recently issued Royal Society of Arts Journal with the distinguished and controversial UK psychiatrist and neuropsychopharmacologist Professor David Nutt, currently the Edmond J. Safra chair in Neuropsychopharmacology at Imperial College London.
Continue Reading Renown UK Doctor Supports Cannabis as Less Harmful than Alcohol
In Cossins v. Josephine County, issued March 14, 2018, the Oregon Land Use Board of Appeals (LUBA) remanded a recently adopted ordinance to Josephine County. The ordinance, No. 2017-002, would have restricted marijuana production on land zoned Rural Residential to lots and parcels larger than five acres, effectively prohibiting marijuana production on anything less…
Once upon a time, Americans viewed marijuana as a dangerous drug leading to serious addiction and crime. According to the 1936 cult classic movie Reefer Madness, “women cry for it and men die for it.” Over time, the perception that marijuana is a dangerous gateway drug has changed dramatically, notwithstanding…
The Washington Court of Appeals Division II has ruled that Clark County can lawfully ban the retail sale of marijuana within its unincorporated areas. In a unanimous decision issued on March 13 in Emerald Enterprises, LLC v. Clark County, the court rejected arguments that the Washington Uniform Controlled Substances Act (USCA) preempts a Clark…
In our last installment, we discussed the reasons why Oregon’s cannabis sales tax should not apply to cannabis seeds. So what do you do if you believe that a retailer wrongfully charged you sales tax on seeds or any other cannabis item? There’s a law for that!
Oregon Revised Statute (ORS) 475B.740 requires that…
The Oregon Department of Revenue (ODOR) recently issued a permanent administrative rule relating to the retail sales tax imposed on certain marijuana items. OAR 150-475-2100. The rule itself provides guidance to retailers on how certain types of marijuana items should be classified and how such items should be subject to the retail sales tax imposed…