College athletes around the country may soon be in for an unexpected change in drug testing requirements. The NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) recently showed support for removing cannabis from the organization’s banned drug list and testing protocols. The committee will discuss the decision with its members throughout the summer and final action will be decided on in the fall. Action items the committee will focus on include considering whether NCAA drug testing should only be limited to performance-enhancing substances, and seeking approval from the NCAA Board of Governors to stop testing for cannabis at championship events while the ultimate legislative decision is pending. To finalize the decision of cannabis being removed from the NCAA’s list of banned drugs, all three of its divisional governance bodies have to introduce and adopt legislation.Continue Reading Puff-Puff-Pass the Ball? NCAA Ponders a Different Kind of High Standard for Drug Testing Athletes
Second-Hand Smoke: New York’s Crackdown on Illegal Cannabis Sales Extends to Landlords
Governor Kathy Hochul’s determined efforts to combat illegal cannabis operations in New York have gained even more momentum with a new multi-agency initiative authorized as part of the 2024 Budget. The State aims to curtail the sale of untested cannabis from unlicensed shops through comprehensive inspections and enforcement actions. Additionally, New York City Council’s unanimous passing of a new bill now prohibits landlords from knowingly leasing commercial spaces to stores selling unlicensed marijuana or tobacco products, further strengthening the crackdown on illicit cannabis sales.Continue Reading Second-Hand Smoke: New York’s Crackdown on Illegal Cannabis Sales Extends to Landlords
Cannabis Receives a Welcome Push from The Alcoholic Beverage Industry, Leaving Regulators Buzzing
The Blunt Truth® has long covered the intersection of alcohol and cannabis. For example, just last month we explored the potential for regulatory confusion that might ensue if states begin allowing the sale of cannabis in liquor stores. We also commented on the potential casual use of cannabis in the workplace, with some co-working environments expanding access to alcohol and more.
As more and more states legalize cannabis, regulators seem to be turning to a friendly source for guidance––the alcoholic beverage industry. While some remain cautiously optimistic as to the impact that regulation of cannabis might have on the alcoholic beverage industry, many industry leaders welcome the marriage of pot and potent potables, and are even exploring a whole new marketplace of cannabis-infused products, such as weed wine, beer, and spirits. Nevertheless, the overarching concern that the alcoholic beverage industry has from entering into the cannabis industry is that cannabis remains illegal at the federal level.Continue Reading Cannabis Receives a Welcome Push from The Alcoholic Beverage Industry, Leaving Regulators Buzzing
SAFE Banking Is Not Safe
The SAFE Banking Act is no longer in the National Defense Authorization Act and therefore will not pass in this Congress. For weeks, both industry sources and Congressional sources have been predicting that SAFE would pass in the lame duck session. As late as this past Friday, we heard from two different sources who attended a meeting with Democratic Senate
Continue Reading SAFE Banking Is Not SafeIn Case You Missed It: Key Marijuana Law Developments in 2022
It has already been a busy year for marijuana law! Catch up on key legislative, regulatory, and legal developments affecting the manufacture, distribution, sale, and use of marijuana occurring in 2022, including key decisions and regulatory material.
| Date | Development |
| May 26, 2022 | Governor Kevin Stitt signed legislation enacting a moratorium on some new medical marijuana licenses, effective on August 1, |
Continue Reading In Case You Missed It: Key Marijuana Law Developments in 2022
The Buzz at CannaVest West
Happy New Year and welcome back as The Blunt Truth begins its seventh year of publication.
Last month I was on a panel at CannaVest West, the cannabis business summit held in San Francisco. This was held in the days just before the Omicron variant dominated the news, so was reasonably well attended by industry professionals. I would like to
Continue Reading The Buzz at CannaVest West
The House Passes the MORE Act and the Medical Marijuana Research Act. Will It Matter?
During the last two weeks, the U.S. House of Representatives passed two bills aimed at reforming marijuana laws, the Marijuana Opportunity, Reinvestment and Expungement Act (MORE Act) and the Medical Marijuana Research Act (MMJ Research Act). Since neither bill will be considered by the Senate in the present session of Congress, they will have to be reintroduced and pass both
Continue Reading The House Passes the MORE Act and the Medical Marijuana Research Act. Will It Matter?
Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During Covid-19
THC, CBD, CBN…the Cannabis industry is quite familiar with acronyms. But it’s another nasty little four letters, TCPA, that are – or should be – on the top of mind for every dispensary, delivery service, CRM platform, and private equity holding company. This as the US Supreme Court decides what the byzantine 30-year-old law will look like following a landmark decision expected by the end of June or July.
Continue Reading Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During Covid-19
Tale of Two Cities: Cannabis and Commercial Real Estate
Recently, I had the opportunity to moderate panels on cannabis and commercial real estate at programs held in Los Angeles and Chicago. I won’t say it was the best of times or the worst of times, but I will say “it was the age of wisdom; it was the age of foolishness.”
It was interesting to compare the programs and the audiences in the two cities. In Chicago, where medical marijuana has been legal since 2014, and recreational marijuana has been legal for just over a month, people from many facets of the real estate industry — brokers, architects, contractors, real estate owners — came to learn about the new opportunities and pitfalls of the cannabis industry. To be sure, some were experienced, having participated in the medical marijuana business, but others were, well, naïve about how pervasive local, state and even federal laws are in regulating cannabis use of commercial real estate.
In LA, where medical marijuana has been legal forever and recreational for three years, the commercial real estate industry has had enough experience with the cannabis industry to experience the impact of various laws and regulations on commercial real estate. The audience came prepared to hear about how the cannabis and commercial real estate industries were addressing some of the issues resulting from the intersection of the industries.
Here are some key takeaways from the two panels:
Continue Reading Tale of Two Cities: Cannabis and Commercial Real Estate
Section 280E – Why Are We Still Having This Discussion?
If you are in the cannabis industry, you should already know Section 280E of the Internal Revenue Code. It consists of only one sentence:
No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade
Continue Reading Section 280E – Why Are We Still Having This Discussion?