#Cannalawblog.com

[fortune420group]

California Commercial Cannabis Update: Good News for Small Manufacturers

#MustWeed http://www.fortune420.com/california-commercial-cannabis-update-good-news-for-small-manufacturers/

Finally, a boost for small manufacturers.

This past Friday, the California Department of Public Health—the agency charged with regulating commercial cannabis manufacturing—issued new emergency rules to allow certain types of manufacturers to operate in shared use facilities and on shared equipment[…] Read the rest: https://www.cannalawblog.com/california-commercial-cannabis-update-good-news-for-small-manufacturers/

[stubfeedmarijuana-blog]

Idaho State Police Are Not Required to Ret... New publication in StubFeed.com/marijuana from cannalawblog.com Come to see more... stubfeed.com • #stubfeed #stubfeedmarijuana #marijuana #cannabis #weed #case #summaries #hemp #news #state #police #are #not #required #return #seized #yet #earlier # https://ift.tt/2TXIoWl

[stubfeedevents-blog]

FREE Webinar Jan. 29 Washington Employmen... New publication in StubFeed.com/events from cannalawblog.com Come to see more... stubfeed.com • #stubfeed #stubfeedevents #events #event * stubfeed.com/cannalawblog.com http://bit.ly/2AFvMM1

[myfinancialguideme-blog]

Cannabis Litigation: Another Federal Court RICO Case Dismissal

New Post has been published on https://financeguideto.com/awesome/cannabis-litigation-another-federal-court-rico-case-dismissal/

Cannabis Litigation: Another Federal Court RICO Case Dismissal

Last week the federal district court in Oregon dismissed with prejudice the plaintiffs’ amended objection in Ainsworth v. Owenby, Case 6:17 -cv-1 935. As you may recall, this is one of several occurrences tracked by this blog in which a group of residential property owners displeased with alleged deleterious effects of a marijuana production or processing facility on nearby land seek relief in a civil RICO action. We have discussed Ainsworth here and here.

The original grievance was filed in late 2017 and alleged one state-law nuisance claim and two RICO claims. In a prior post we discussed the similarities and differences between Ainsworth and another civil RICO case in Oregon, McCart, which appeared to have resolved through a confidential settlement. We noted that the Ainsworth complaint appeared to have learned some valuable lessons from the motions to dismiss in McCart. Ultimately, however, whatever lessons learned were not enough to meet the onerous requirements for a civil RICO claim.

First, let’s set the stage for the most recent order. In August 2018 the district court dismissed the plaintiffs’ RICO asserts without prejudice, thereby dedicating them the opportunity to amend. That dismissal turned on the plaintiffs’ failure to plausibly alleged a tangible property loss, with special courts reasoning that “a plaintiff who has not alleged specific prior attempts to monetize a property interest must plausibly allege at least a present intent or desire to do so.” The tribunal found plaintiffs’ reliance on the abstract damage of a reduction in fair market values insufficient to satisfy RICO. The plaintiffs must, said the court, make good faith accusations that they attempted or currently desire to convert those interests into a pecuniary form.

The plaintiffs then set about amending their grievance to address the shortcomings identified by the court. With respect to RICO, two of the plaintiffs now alleged that the grow operation depressed the value of their property and, as a direct result, prevented them from procuring a greater home equity loan to finance the construction of a perimeter fencing. The defendants again moved to dismiss, arguing these plaintiffs still failed to allege a concrete loss as required by RICO.

The question then was whether the plaintiffs�� inability to obtain a greater home equity loan transformed their otherwise intangible trauma into one resulting in concrete loss.

On March 27, 2019, the court answered that question in the negative. The key reason was that the plaintiffs’ financial situation was no worse than it would have been absent the alleged racketeering activity–since the plaintiffs incurred less debt and, presumably, paid less interest based on the smaller principal. In other words, plaintiffs were in a better posture than they otherwise would have been. Could the plaintiffs have potentially pleaded concrete fiscal damage? The tribunal gives some hints- noting that plaintiffs did not allege they were charged a higher interest rate or otherwise offered the loan on less favorable terms, such that they were in a worse financial position.

Although Ainsworth is out of federal tribunal absent a successful appeal, the recent order does not necessarily aim litigation. That’s because the court declined to exert supplemental jurisdiction over the state-law claims for nuisance and intentional infliction of emotional distress. Absent a successful appeal, however, plaintiffs can no longer hold RICO’s threat of treble injuries and attorneys’ fees over these Oregon cannabis producers.

For more on RICO cannabis litigation, check out the following posts :P TAGEND

Much Ado about RICO Much Ado About RICO and Cannabis, Part 2 Much Ado About RICO and Cannabis, Part 3 Much Ado About RICO and Cannabis, Part 4 Much Ado About Rico and Cannabis, Part 5: Multi-State Update The Neighborhood “Gangbusters”: Avoiding RICO Cannabis Lawsuits Cannabis RICO Lawsuits Are Failing: Oregon and Colorado Updates Federal Court Dismisses RICO Suit Against Sonoma County Cannabis Cultivator

Read more: cannalawblog.com

[ianmkeenan]

Canada allows cannabis in National Parks and wildlife reserves

October 19, 2018, Canada

The legality of cannabis experiences some interesting incongruities in the United States of America. The glaring difference between federal and state legislation is the primary reason for the legal paradox faced by cannabis and its stakeholders. Case in point, Californians are not allowed to consume cannabis in National Parks and other such natural reserves because they are owned and controlled by the federal administration.

Similarly, commuters can’t carry marijuana on highways traversing through legal states since they come under federal jurisdictions. Such contradictions or rather impediments are commonplace in the US. However, things will remain non-contradictory on the Northern side of the border because Canada’s Cannabis Act 2018 allows the consumption of marijuana in the country’s National Parks.

National Parks and reserves in Canada

National Parks and reserves in Canada - Image powered by Cannalawblog.com

Canada is a country gifted with lots of natural and primitive landscapes. In total, there are 47 national parks and wildlife reserves in Canada covering approximately 3.3 percent area of the country. In the exact measurement, these natural facilities are spread over 126,700 square miles and every of 13 provinces and territories of the country has at least one of such parks and reserves.

Due to proactive management and upkeep, Canada’s park system is a major tourist attraction, and not just for Canadians. Visitors from all over the world flock to these natural sites particularly duing summers. According to statistics furnished by Parks Canada, more than 15 million people visited these national parks and wildlife reserves during 2016-2017.

And with Canada’s Cannabis Act have come into effect, all those millions of campers and hikers are now allowed by the law to consume cannabis in those spaces. Parks Canada made this momentous announcement just two days before blanket legalization came into effect. According to the new rule, campers and visitors will be allowed to consume cannabis in/on:

Registered campsites

Hiking trails

Anywhere in the untamed backcountry

However, people strolling in common areas like playgrounds and picnic shelters won’t be allowed to indulge in cannabis. This restriction has been adopted to minimize children’s exposure to marijuana and its smoke.

Public consumption of marijuana in Canada - Image powered by Warriortradingnews.com

Moreover, public consumption rules in National Park facilities will be implemented according to provincial and town rules. It is important to mention that different towns in the same province have dissimilar rules regarding public consumption. For example, the province of Alberta has different public consumption rules varying in accordance with local town legislations. So, campers and hikers in Banff National Park are not allowed to consume cannabis in public areas due to local laws while people can enjoy their cannabis in reserves around Lake Louise in the same province of Alabama.

For visitors, it will become a tad difficult to keep the track of laws of each and every town before rolling a blunt. For that matter, local town administrations must put up relevant signboards in all those areas to make it convenient for visitors. Many think that Park administrations won’t be hard on pot consumers post-legalization because the sites were already known for the recreational use of cannabis even before October 17.

The post Canada allows cannabis in National Parks and wildlife reserves appeared first on I Love Growing Marijuana.

[fortune420group]

California Cannabis: Industrial Hemp Bill Moves Ahead

#MustWeed http://www.fortune420.com/california-cannabis-industrial-hemp-bill-moves-ahead/

On Thursday, SB 1409, which proposes changes to California’s industrial hemp laws, was referred to committee. This piece of legislation proposes some much-needed updates to California’s industrial hemp laws[…] Read the rest: https://www.cannalawblog.com/california-cannabis-industrial-hemp-bill-moves-ahead/

[fortune420group]

#Marijuana #Politics in the Near Term

#MustWeed http://www.fortune420.com/marijuana-politics-in-the-near-term/

“If Republicans start to see their stance against marijuana as a political liability, they too will start shifting in large numbers. Looking forward to 2018 and 2020, it is becoming increasingly clear that cannabis legalization will be both good policy and good politics.”[…]Read the rest: http://www.cannalawblog.com/marijuana-politics-in-the-near-term/

[fortune420group]

The Top Ten Issues Under California’s Cannabis Regulation and Safety Act (a/k/a MAUCRSA or SB94)

#MustWeed http://www.fortune420.com/the-top-ten-issues-under-californias-cannabis-regulation-and-safety-act-aka-maucrsa-or-sb94/

With California’s recent passage of its Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA” a/k/a the Governor’s Trailer Bill, a/k/a SB 94), California has combined government oversight of its medical and adult use cannabis industries into one master regulatory regime.

MAUCRSA is almost guaranteed to make California’s cannabis industry more business friendly and less bureaucratic[…] Read the rest:  http://www.Cannalawblog.com/the-top-ten-issues-under-californias-medicinal-and-adult-use-cannabis-regulation-and-safety-act-aka-maucrsa-or-sb94

[fortune420group]

Funding Your Cannabis Business: Tax Opportunities for Limited Liability Companies

#MustWeed http://www.fortune420.com/funding-your-cannabis-business-tax-opportunities-for-limited-liability-companies/

When our lawyers set up legal structures for cannabis companies, the choice of legal entity is one of the most important things we must consider. Many cannabis businesses use limited liability companies. For tax purposes, an LLC is typically treated as a partnership or as a disregarded entity.

In both of these cases, the tax liabilities pass through to the partner/members. However, an LLC may check-the-box to be taxed as a corporation[…] Read the rest: http://www.Cannalawblog.com/funding-your-cannabis-business-tax-opportunities-for-limited-liability-companies/

[fortune420group]

Cannabis Company Reverse Mergers

#MustWeed http://www.fortune420.com/cannabis-company-reverse-mergers/

We write a lot about cannabis business fundraising here, but it’s usually in the context of private offerings. Getting investment from friends and family or by directly pitching investor funds and venture capitalists is the traditional model for most new businesses, and cannabis is no different[…] Read the rest: http://www.cannalawblog.com/cannabis-company-reverse-mergers/

[fortune420group]

Marijuana Banking Update

#MustWeed http://www.fortune420.com/marijuana-banking-update/

June produced two pieces of interesting news on marijuana banking. First, the FinCEN issued its newest Marijuana Banking Update.

This update provides information regarding the number of banks and credit unions that are providing services to marijuana businesses and are complying with their Bank Secrecy Act compliance obligations and reporting those services to FinCEN[…] Read the rest: http://www.cannalawblog.com/marijuana-banking-update

[fortune420group]

Federal Cannabis Prohibition Makes for Strange Bedfellows in the Trump Era

#MustWeed http://www.fortune420.com/federal-cannabis-prohibition-makes-for-strange-bedfellows-in-the-trump-era/

Roger Stone, the infamous conservative strategist and provocateur, seems to want to emerge as an angel on Trump’s shoulder to balance out Attorney General Jeff Sessions when it comes to federal cannabis prohibition.

As readers may be aware, Mr. Stone recently announced the launch of his United States Cannabis Coalition, which bills itself as a bipartisan non-profit organization dedicated to protecting the states’ right to choose sensible cannabis policies.

Though the goal is noble, Mr. Stone’s involvement will likely attract attention like a lightning rod[…] Read the rest: http://www.cannalawblog.com/federal-cannabis-prohibition-makes-for-strange-bedfellows-in-the-trump-era/

[fortune420group]

California Passes SB 94 Regulating Medicinal and Adult Use Cannabis

#MustWeed http://www.fortune420.com/california-passes-sb-94-regulating-medicinal-and-adult-use-cannabis/

The California Legislature today passed Senate Bill 94, which effectively repeals the Medical Cannabis Regulation and Safety Act (“MCRSA”) and incorporates certain provisions of the MCRSA in the licensing provisions of the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA” aka Proposition 64)[…] Read the rest: http://www.cannalawblog.com/breaking-news-california-passes-sb-94-regulating-medicinal-and-adult-use-cannabis

[fortune420group]

City of Los Angeles Releases Draft Regulations for Marijuana Businesses

#MustWeed http://www.fortune420.com/city-of-los-angeles-releases-draft-regulations-for-marijuana-businesses/

The long-awaited proposed regulations under Proposition M for L.A.’s current and future medical (and recreational) marijuana operators are finally out.

The 51 pages of initial regulations (that are now in a 60-day public comment period) cover the governance of cultivators, manufacturers, distributors, testing facilities, transporters, retailers, and microbusinesses in significant detail under Proposition M[…] Read the rest: http://www.Cannalawblog.com/breaking-news-city-of-los-angeles-releases-draft-regulations-for-marijuana-businesses

[fortune420group]

Cannabis Businesses are Not Startups

#MustWeed http://www.fortune420.com/cannabis-businesses-are-not-startups/

Serial tech entrepreneur Steve Blank defined a startup as an organization built to search for a repeatable and scalable business model.

The basic idea is that a group of people within a startup run a version of the scientific method as quickly as they can, while learning from their successes and failures[…] Read the rest: http://www.Cannalawblog.com/cannabis-businesses-are-not-startups

[fortune420group]

Oregon Sticks It to the Medical Marijuana Program (Again)

#MustWeed http://www.fortune420.com/oregon-sticks-it-to-the-medical-marijuana-program-again/

On Tuesday, Enrolled Senate Bill 1057 was signed by the President of the Oregon Senate and the Speaker of its House. The bill now sits on Governor Kate Brown’s desk, where it awaits signature.

Anyone who has followed the Oregon cannabis story for the past few years knows Governor Kate Brown has never not signed a cannabis bill that made it to her desk — and, to be very clear, even if an Oregon bill goes unsigned and unvetoed for 30 days, it still becomes law[…] Read the rest: http://www.cannalawblog.com/breaking-news-oregon-sticks-it-to-the-medical-marijuana-program-again