Cannabiz & Company — a news and media service providing weekly broadcasts on cannabis business news — launched its inaugural post on January 31 with a guest appearance from our very own Justin Hobson. During the broadcast, the hosts discussed a recent Portland Business Journal article that chronicled the struggles that cannabis producers are
Regulatory
These Aren’t the Marihuanas You’re Looking For: Potential Products Past the CSA
By Justin E. Hobson & Lewis M. Horowitz on
Posted in Regulatory
Here at Pipeline, we aim to keep our readers up to date on developments in the law that affect the cannabis industry. In that vein, we share two interesting articles from the venerable New York Times and wonder how Jeff Sessions might react to these business developments.
First, is the re-imagination of a pothouse —…
FinCEN Said to Be Reviewing Marijuana Guidance
By Barry A. Abbott on
Posted in Financing, Regulatory
We recently reported that the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) was retaining its Bank Secrecy Act marijuana guidance. Last week, a senior official in the Department of the Treasury indicated that, as a result of U.S. Attorney Sessions’ recent actions, FinCEN is reviewing the guidance it issued on February 14, 2014 entitled:…
FinCEN Retaining Bank Secrecy Act Marijuana Guidance — At Least for Now
By Barry A. Abbott, Justin E. Hobson & Guest Author on
Posted in Financing, Regulatory
As we reported last week, U.S. Attorney Jeff Sessions issued a memorandum on January 4 rescinding the seminal cannabis “Cole Memo” and other DOJ guidance involving cannabis. This has raised continuing issues and confusion for financial institutions concerning what the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) would do concerning the guidance it…
Up in Smoke: Saying Goodbye to the Cole Memo
By Barry A. Abbott, Justin E. Hobson & Guest Author on
Posted in Regulatory
In what could hardly be characterized as a surprise, on January 4, U.S. Attorney General Jeff Sessions issued a memorandum (the “Sessions Memo”) that rescinds the seminal cannabis “Cole Memo” of August 29, 2013 and other previous Department of Justice (DOJ) guidance involving cannabis. The implications of this rescission for the medical and…
Proposed Marijuana Farm Raises Scope of Oregon’s Right-to-Farm Law
Posted in Real Estate & Land Use, Regulatory
A case in Yamhill County Circuit Court in McMinnville, Oregon pits two farms — a vineyard and a potential commercial marijuana grower — against each other, implicating the scope of Oregon’s Right to Farm law. At issue in Mahesh v. Wagner is a proposal by the owner of nearly seven acres of farmland to grow…
Making a Difference: Public Comment on Oregon Proposed Rulemaking
By Justin E. Hobson on
Posted in Regulatory, Tax
Most government agencies rely on an informal rulemaking process when drafting and finalizing rules interpreting the law. This process generally requires the appropriate government agency to notify the public of the proposed new rule or proposed modifications to existing rules. The government agency generally must consider all comments received before finalizing a rule.
An exception…
IRS Rifles Through Cannabis Records
By Justin E. Hobson on
Posted in Regulatory, Tax
A federal judge in Colorado recently upheld a summons issued by the IRS to the Marijuana Enforcement Division (MED) of the Colorado Department of Revenue. Rifle Remedies, LLC v. U.S., 120 AFTR 2d 2017-5447, (DC CO), 10/26/2017. The ruling contains very few facts but suggests that a taxpayer actively engaged in the cannabis industry…
Forget Limes: Corona With WEED Is in the Pipeline
By Justin E. Hobson on
Posted in Investing, Regulatory
Constellation Brands Inc. — the company behind Corona beer — will invest nearly $200 million for a 9.9 percent stake in Canopy Growth Corporation, a publicly traded Canadian cannabis company, plus the right to acquire a greater ownership interest over the next 30 months. In addition to the Corona brand, Constellation sells a variety of…
Marijuana Facilities Are Subject to Odor and Other Air Pollution Regulations in Washington State
By Michael A. Nesteroff on
Posted in Regulatory
The Washington Clean Air Act governs air emissions and that includes the production and processing of marijuana. Whether the regulatory body is the Washington Department of Ecology or one of seven regional clean air agencies that also have regulatory authority, the bottom line for any marijuana production and processing facility is that some level of…