Jun Y. Kwon

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On January 15, the U.S. Department of Agriculture (USDA) published its final rule that provides regulations for the production of hemp in the United States. The final rule incorporates modifications to the interim final rule that has been in place since October 31, 2019, however, much of the regulatory paradigm remains unchanged. Below are some highlights from the final rule:…
Continue Reading USDA Issues Final Rule Regulating Hemp Production

The California State Bar Ethics Committee recently adopted Opinion No. 2020-202, which concludes that attorneys may ethically advise clients regarding compliance with California’s cannabis laws and assist them with conduct permitted under state law, despite the fact that the client’s conduct may be prohibited under federal law.

Regarding the scope of advice and assistance, the opinion states that such advice…
Continue Reading California Ethics Committee Green Lights Advising Cannabis Clients

A Colorado federal jury sided with the owner of a state-licensed cannabis cultivation business last Wednesday in a federal Racketeer Influenced and Corrupt Organizations Act (RICO) suit brought against him by his neighbors.

In 2015, Michael and Hope Reilly brought a federal RICO lawsuit in Colorado against Parker Walton and his cannabis cultivation operation that neighbored their property. The Reillys…

Continue Reading Judgment Rendered in Favor of Grower in First Civil RICO Trial for Cannabis Industry

In a split decision last Thursday, the U.S. 9th Circuit Court of Appeals affirmed the conviction of Morro Bay marijuana dispensary owner Charles Lynch and remanded the case to the district court for a factual determination as to whether Lynch’s activities were in strict compliance with California law. [Link to case here.]
Continue Reading Appropriations Rider Gives Sliver of Hope For California Dispensary Owner Caught Between Conflicting State and Federal Laws