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Understanding the Corporate Transparency Act: Key Insights for Cannabis Business Owners

by Omar Figueroa & Lauren Mendelsohn May 6, 2024   In recent years, the U.S. government has introduced several measures to combat illicit financial activities, with the Corporate Transparency Act (CTA) of 2019 being one of the most significant. Aimed at enhancing transparency within legal entities such as corporations and […]

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Tax Consequences of Federal Rescheduling for Cannabis Businesses

by Omar Figueroa & Lauren Mendelsohn May 2, 2024   We recently wrote that the Drug Enforcement Administration will move to reclassify marijuana as a Schedule III controlled substance.  A recent update by the Congressional Research Service makes clear that rescheduling is predicted to result in significant federal tax relief […]

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Update on the Legal Consequences of Rescheduling Marijuana

by Omar Figueroa & Lauren Mendelsohn May 1, 2024 Yesterday, we wrote that the Drug Enforcement Administration is anticipated to support the reclassification of marijuana from a Schedule I to a Schedule III controlled substance.  Today, the Congressional Research Service issued an updated report on the Legal Consequences of Rescheduling […]

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DEA to reclassify cannabis as a Schedule III controlled substance

by Omar Figueroa and Lauren Mendelsohn April 30, 2024 On April 30, 2024, the Associated Press reported that the “U.S. Drug Enforcement Administration will move to reclassify marijuana as a less dangerous drug.”  The proposal would “not legalize marijuana outright for recreational use” but “would move marijuana from its current […]

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DOJ Confirms that “Magic Mushroom” Spores are Legal Under Federal Law

January 22, 2024 By Lauren Mendelsohn   In a letter dated January 2, 2024, an agent at the United States Department of Justice (“DOJ”) confirmed that “magic mushroom” spores are legal under US Federal law and are not controlled substances under the Controlled Substances Act (“CSA”) – at least while they […]

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California Attorney General Issues Legal Opinion on Interstate Cannabis Commerce

by Omar Figueroa December 21, 2023   On December 19, 2023, California Attorney General Rob Bonta issued a legal opinion addressing the question of whether an agreement between California and out-of-state licensees would result in significant legal risk to the State of California and its officials under the federal Controlled […]

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U.S. Department of Health and Human Services (HHS) Recommends that Cannabis Be Rescheduled to Schedule III Under Federal Law

by Omar Figueroa and Lauren Mendelsohn August 30, 2023 The U.S. Department of Health and Human Services (HHS) is suggesting that cannabis should be reclassified from Schedule I to Schedule III under federal law. This significant shift reflects the view that cannabis no longer has a high potential for abuse […]

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Can Foreign Nationals Invest in New York’s Cannabis Market?

By Andrew Kingsdale May 17, 2023 New York State’s cannabis market offers numerous opportunities for entrepreneurs and consumers alike, but legal restrictions apply.  This post summarizes the statutory restrictions on foreign nationals interested in applying for a cannabis license or investing in a licensed cannabis business. In general, foreign nationals […]

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Application Form for Federal Marijuana Pardon Certificates Now Available

by Omar Figueroa March 3, 2023 On March 3, 2023, the United States Department of Justice announced that those pardoned under the October 6, 2022 proclamation by President Biden could now apply to receive a certificate of proof of pardon:   Today, the Justice Department is launching an application for […]

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