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For many years, the efficacy of marijuana in treating various ailments went untested in the United States as researchers eschewed the drug due to its controversial legal status. As a result, much of the research on marijuana has been done by foreign nations. The State of Washington is hoping to change that by becoming one of the first jurisdictions in the country to offer a license to grow, process and test marijuana for the purpose…
The State of Oregon officially legalized marijuana in 2015 through a ballot initiative known as Measure 91. This allows for the recreational sale of cannabis by licensed dispensaries to those who are 21 years of age or older. Nowadays, Oregon’s Liquor Control Commission regulates the sale and licensing of recreational and medical cannabis businesses. Given the complexity of these laws and regulations, you probably have questions on what is permitted as it pertains to cannabis…
Since 2016, California has experienced a transformative landscape surrounding the legal cannabis market. Officially made legal by Proposition 206, the market for cannabis sale, manufacturing and cultivation has experienced a dramatic shift. While retailers get all of the publicity, an often-overlooked area of the legal cannabis market is cultivation: planting, growing, harvesting, drying, curing, grading, and trimming of cannabis. Read on to learn more about the cultivation business and some particularly important aspects of entering…
Those who are thinking about entering the cannabis industry often have questions about how California taxes the production, storage and sale of the popular drug. Fortunately, California Department of Tax and Fee Administration (CDTFA) provides an in-depth guide on what is eligible to be taxed and what the effective tax rates of cannabis and cannabis-based products are. Cultiva Law provides you with this overview of California’s taxation of cannabis, and some helpful tips on understanding…
As the stigma behind marijuana usage fades, new challenges have been presented to the burgeoning industry. Unlike most medication, prescribed marijuana generally is not covered by medical insurance. In response, California is taking the unprecedented step in authorizing free marijuana to qualified residents. Seizing upon a need to provide lower cost marijuana to medical marijuana cardholders, California recently passed legislation that allows retailers to designate marijuana for donation to individuals in need. That legislation, known…
With well over half of the U.S. states allowing for the legal purchase of medical marijuana, there are still a number of individuals who could benefit from medical marijuana who are leery of how it affects other important rights that they hold dear. One such right is legal firearm ownership. It is no secret that millions of Americans intensely value their constitutional right to bear arms. Unfortunately, that right may be limited if you apply…
California Cannabis Equity Grants Program has provided $30 million in grant funding for certain cities and counties in California to meaningfully assist those people entering the cannabis market who lived in one of the state’s communities plagued by marijuana criminalization. Like several other states where cannabis is legal, California has taken the initiative to right past wrongs caused by its misguided criminalization of the drug. California Bureau of Cannabis Control (BCC), together with Governor’s Office…
Cultiva Law is proud to announce that four of our attorneys, Aaron Pelley, Ted Bernhard, Veronica Darling and Mio Asami were named in the Top 200 Cannabis Lawyers by the Cannabis Law Journal. In addition, Aaron Pelley and Michael Solomon were both awarded by Super Lawyers with the Super Lawyer award and Rising Star award (respectively). Ted Bernhard was interviewed in Oregon Leaf on the developments of CBD.  Katia Alcantar was featured in…
A recent U.S. 9th Circuit Court of Appeals case could have a significant impact on the federal taxation of cannabis businesses, in particular IRC §280E issues.  Harborside, a California cannabis dispensary, appealed the Tax Court’s decision of tax deficiencies totaling over $29 million dollars for the periods between 2007 through 2012. Harborside’s tax liability stems from the IRS’s denial of deductions under IRC §280E and the disallowances of cost of goods sold reported on Harborside’s…
On January 26, 2021, the WSLCB filed Interpretive Statement #IS21-0 with the Washington State Code Reviser. The statement attempts to clarify the way that cannabidiol (CBD) products may be sold in licensed retail locations, under current rule WAC 314-55-109. The Interpretive Statement intends to address whether CBD products can be sold in licensed I-502 stores, even if the CBD product comes from outside the regulated system, including outside the state of Washington. It is worth noting,…