As the number of states legalizing medical and adult-use cannabis increases, the number of athletes living, training and competing in states with legal cannabis is rapidly increasing.  What does this mean?  I remember in 1998, when a snowboarder (Rebagliati) won the Olympic gold medal, then was disqualified for testing positive for THC, then they gave the medal back because THC wasn’t actually a banned substance.  I recall being rather confused by the turn of events…

The USDA Interim Final Rule for the production of hemp was published on 10/31/2019.  There is much to say about this Rule and this blog will try to highlight issues receiving little attention in the media.    Sampling  The Sampling Guidelines have two main aspects that raise red flags in our view. Only the Flower? First, the sampling of a particular plant is to be made just underneath the flower or bud, at the top…

Yet another cannabis company lost its bid to be taxed in a reasonable and rational manner – that is, like any other state-legal, highly-regulated, licensed business instead of like an illegal drug dealer.  Tax Court Case  In Northern California Small Business Assistants, Inc., v. Commissioner of Internal Revenue (October 23, 2019), the company argued, among other things, that the taxes under 280E are so excessive as to constitute a violation of the 8th Amendment’s prohibition on excessive…

What is Appellation?  An appellation is a certified designation identifying the geographical origin of a product and the culture underlying it’s production.  Appellation designations offer protection and promotion for regional and local businesses, by preventing misappropriation and misuse of regional names, and they promote consumer confidence in local products by establishing criteria and processes for certification.  Many countries have well-established appellation systems for products like wine (Champagne), cheese (Gruyere), and even meats, fruit and vegetables.…