The cannabis industry is in flux. Part of that is healthy maturation and part is a result of the COVID-19 (coronavirus) global pandemic that has impacted everyone.
Over the last year, falling valuations and volatile prices...more
These are extraordinary times, unlike any we have ever seen. The global COVID-19 pandemic has dramatically altered our lives, both personally and professionally.
Those in the hospitality industry have the added burden of...more
3/27/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Families First Coronavirus Response Act (FFCRA) ,
Hospitality Industry ,
OSHA ,
Quarantine ,
Restaurant Industry ,
Sick Leave ,
Sick Pay ,
Small Business ,
Unemployment Insurance
A bill that would legalize medical marijuana in Alabama cleared yet another hurdle late last week when it passed the Alabama Senate by a vote of 22 to 11. The bill now heads to the Alabama House, where it likely faces steeper...more
A bill introduced last week by Sen. Tim Melson (R-Florence) that would authorize the use of marijuana to treat certain medical conditions just passed the Senate Judiciary Committee by an 8-1 vote (with one abstention). The...more
This time last year we were trumpeting the arrival of the Farm Bill and making predictions about how that landmark legislation would shape the hemp industry. And even though that seems like only yesterday, the past year...more
More and more states across the South are adopting medical marijuana regimes. With this growth comes growing pains. One such pain for marijuana businesses is the tension between following state laws on a product that is still...more
1/9/2020
/ Books & Records ,
Brick-and-Mortar Stores ,
Business Taxes ,
Controlled Substances ,
Cost of Goods Sold (COGS) ,
Decriminalization of Marijuana ,
Dispensaries ,
Income Taxes ,
IRC Section 280E ,
IRS ,
Marijuana ,
Marijuana Related Businesses ,
Medical Marijuana ,
State Taxes ,
Tax Deductions ,
Tax Planning
On December 27, just two months after issuing its long-awaited interim hemp rule, the United States Department of Agriculture (USDA) approved the first round of state and tribal hemp production plans.
Pursuant to the 2018...more
On December 3, several federal agencies issued guidance (Guidance) that, by its terms, “provide[s] clarity” regarding “the regulatory requirements under the Bank Secrecy Act (BSA) for banks providing services to hemp-related...more
12/6/2019
/ Agricultural Sector ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
Due Diligence ,
Farm Bill ,
FDIC ,
Financial Services Industry ,
FinCEN ,
Hemp ,
New Guidance ,
OCC ,
Regulatory Agencies ,
Suspicious Activity Reports (SARs) ,
U.S. Treasury
The U.S. Food and Drug Administration (FDA) sent a shot across the bow of the cannabidiol (CBD) industry on November 25. The FDA disclosed that it issued warning letters to 15 companies “for illegally selling products...more
11/27/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dietary Supplements ,
FDA Warning Letters ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Product Labels
The Alabama Medical Cannabis Study Commission held its fourth and final meeting in Montgomery on November 7. As in the previous meetings, the meeting was organized around presentations from individuals representing different...more
After 10 months of anticipation from the American hemp industry, on October 31, the United States Department of Agriculture (USDA) published its interim final rule (Rule) establishing the regulatory framework for hemp...more
11/5/2019
/ Agricultural Sector ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
DEA ,
Farm Bill ,
Hemp ,
Interim Final Rules (IFR) ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Tribal Governments ,
USDA
Electronic cigarettes and vaping have been heralded by many as a safer alternative to smoking traditional cigarettes. A recent outbreak of illnesses allegedly related to vaping, however, has ignited public hysteria and will...more
10/10/2019
/ Cannabis Products ,
Centers for Disease Control and Prevention (CDC) ,
Dispensaries ,
E-Cigarettes ,
Food and Drug Administration (FDA) ,
Manufacturer Liability ,
Marijuana ,
Marijuana Related Businesses ,
Mass Tort Litigation ,
Public Health ,
Public Safety ,
Supply Chain ,
Tobacco ,
Vaping
The average American consumer has probably noticed an increase in products for sale that include cannabidiol (CBD), a non-psychoactive component of cannabis. These products have seen an exponential increase in popularity,...more
The Alabama Medical Cannabis Study Commission held its second meeting in Montgomery on September 9. The composition of the commission changed at the beginning of the second meeting with the addition of five new members,...more
On Tuesday, the Federal Trade Commission (FTC) sent warning letters to three companies that sell cannabidiol (CBD) products regarding the health claims found in the companies’ advertisements. The FTC did not make the letters...more
9/12/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Product Labels ,
Warning Letters
Cannabidiol (CBD) – a non-psychoactive component of cannabis with numerous claimed health benefits – has steadily grown in popularity in recent years. This upward trajectory went into overdrive with the passage of the...more
7/25/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Manufacturers ,
Marijuana Related Businesses ,
Marketing ,
Product Labels
In a surprise to some, a Republican-controlled Senate Committee has scheduled a hearing to consider the current challenges to providing financial services to cannabis-related businesses operating in states that have legalized...more
Centuries after American colonists were required by law to grow hemp, and decades after it was later outlawed by Congress, one of the nation’s oldest and most versatile crops appears to be having a moment.
The Jan. 1...more
7/2/2019
/ Banking Sector ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Farm Bill ,
Financial Institutions ,
Hemp ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Risk Mitigation
On June 26, 2019, the Supreme Court gave persons and companies wishing to open retail liquor stores a reason to raise a glass. By a vote of 7-2 in Tennessee Wine and Spirits Retailers Association v. Thomas, the court struck...more
6/28/2019
/ Alcohol Beverage Control ,
Anti-Competitive ,
Commerce Clause ,
Legitimate State Interest ,
Liquor Control Boards ,
Liquor Licences ,
Non-Discrimination Rules ,
Residency Status ,
SCOTUS ,
Tennessee Wine & Spirits Retailers Association v Thomas ,
Twenty-First Amendment ,
Wine & Alcohol
A recent decision by a federal appeals court appears to open the doors of United States Bankruptcy Courts nationwide… or does it? The Ninth Circuit’s decision from Garvin v. Cook Investments provides a helpful roadmap for...more
The United States Department of Agriculture (USDA) has offered much-needed clarity about the manufacture, distribution and sale of hemp and hemp-derived products. The USDA’s recent pronouncement, however, may not be the news...more
6/4/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Controlled Substances ,
Criminal Convictions ,
Decriminalization of Marijuana ,
Dispensaries ,
Farm Bill ,
Felonies ,
Hemp ,
Interstate Commerce ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Schedule I Drugs ,
Shipping ,
Transportation Industry ,
USDA
[This is the first in a series of client alerts regarding the status of medical marijuana efforts in Alabama.]
Is Alabama poised to join the growing number of states allowing the use of medical marijuana under state law?...more
Legislation that would pave the way for financial institutions to transact with cannabis-related businesses operating in states that have legalized marijuana (herein “cannabis-related legitimate businesses”) is quickly...more
Centuries after American colonists were required by law to grow hemp, and decades after it was then outlawed by Congress, one of the nation’s oldest and most versatile crops is poised for a resurgence. The 2018 Farm Bill,...more
2/25/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Agriculture ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Investors ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
Regulatory Oversight ,
Research and Development
“TTB IS CLOSED” is the message currently displayed for the Alcohol and Tobacco Tax and Trade Bureau (TTB) website. Although the website is available, a message window informs visitors that certain TTB functions will be...more
1/21/2019
/ Advertising ,
Approval Requirements ,
Beer ,
Beverage Manufacturers ,
Breweries ,
Distilleries ,
Government Shutdown ,
Labeling ,
Startups ,
TTB ,
Wineries