Navigating Interstate and International Marijuana Sales
By Stephanie Carr • September 04, 2019 •Ms. JD, Writers in Residence
My home state of Kentucky, proud to be known as the birthplace of bourbon, crafts 95 percent of the world’s supply of America's only native spirit. Kentucky products dominate the market because they’re formulated with the perfect mix of climate, conditions, and the pure limestone water necessary for creating a high-quality bourbon. Interstate and international exports of bourbon are multimillion-dollar industries that are surging in our state. With the evolution of marijuana legalization, attorneys looking to grow a cannabis practice could create opportunities for clients to similarly capitalize on interstate and international marijuana sales. Like Kentucky and bourbon, certain states…
How High: Calculating Marijuana Taxes
By Stephanie Carr • September 04, 2019 •Ms. JD, Writers in Residence
Notorious Prohibition-era gangster Al Capone reportedly bragged, “They can’t collect legal taxes from illegal money.” Capone learned the hard way that this isn’t true when he was sentenced to prison for tax evasion. Relatedly, marijuana remains illegal at the federal level but revenue from marijuana sales are taxable. Cannabis businesses that fail to understand and plan for these taxes are at high risk for an IRS audit, a massive tax bill, or even tax evasion charges for failure to report. Tax attorneys interested in cannabis law are needed to help these entities understand, plan and prepare for taxation. The following…
The FDA on CBD: What to Know Before Opening Shop
By Stephanie Carr • June 30, 2019 •Ms. JD, Writers in Residence
Many people assume that any and all hemp-derived CBD products are legal and can be sold pursuant to passage of the 2018 Farm Bill. But those people are wrong and could unknowingly place themselves in legal jeopardy. For practitioners looking to break into the cannabis law field, understanding the U.S. Food and Drug Administration’s (FDA's) position on CBD products in food or cosmetic products is a good way to start. The 2018 Farm Bill exempts hemp and hemp-derived products, including CBD, from the Controlled Substances Act (CSA). But the FDA has made clear that it retains authority to regulate products…
Waiting for the Smoke to Clear
By Stephanie Carr • April 29, 2019 •Writers in Residence, Careers, Firms and the Private Sector
Waiting for the Smoke to Clear Reconciling Workplace Drug Policies and Cannabis Laws While Uncertainty Rages My first post addressed the differences and respective legal status of marijuana and hemp to serve as a primer for the material covered in this blog. In this second post I will begin an in-depth look into a clear area of opportunity: cannabis-related employment law. Employers need legal guidance to reconcile their workplace drug policies and procedures in the face of shifting state and federal laws regarding marijuana and hemp. Unfortunately, this task is easier said than done given the divergence of legal precedent.…