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Though Alaska and Oregon voted last week to legalize marijuana, the workplace rules in those states surrounding cannabis will not be changing. Not one bit. While the laws in these states make buying and possessing and using marijuana legal, they do not mean that you can now go to your job while under the influence of marijuana.
As lawyers, we were trained to spot injustice. Section 280E of the Internal Revenue Code is an injustice. For that reason, we have and will continue to write about why Section 280E should be repealed. New York lawyer/writer Anne Wallace recently wrote an article, Time to Repeal Section 280E, effectively arguing for repealing Section 280E.
Kentucky is the land of bourbon, horse racing, and – now – dubious tax cuts. Last week, The Courier-Journal reported that Ark Encounter, LLC, a company planning to build a facsimile of Noah’s Ark to biblical specifications as the centerpiece of an amusement park, may lose $18 million in state tax incentives due to religious discrimination.
This is a guest post by tax lawyer, James Hunt. The Washington Liquor Control Board (“LCB”) issued 67 penalties and warnings between May to Mid-October to cannabis businesses. Of the 67 notices, about two-thirds (66%) were in regard to taxes. Because the LCB is responsible for administering the Marijuana Excise Tax, I assume these warnings were for the excise tax.
Several ex-employees now may compete with their former employer, and may solicit its employees and customers, after a federal judge in the Eastern District of Washington held that the restrictive provisions in their employment agreements are unenforceable. The agreements, drafted by the former employer, contained a choice-of-law provision which the former employer tried unsucc ...
Hershey Company has settled the trademark infringement lawsuit it filed in June against TinctureBelle, LLC and TinctureBelle Marijuanka LLC, Colorado based marijuana-candy companies. Hershey claimed consumers would be confused by the similarities between marijuana-infused chocolate products and popular Hershey favorites.
… for the benefit of the licensee. This is important since many I-502 applicants have had questions regarding the definition of employees, as opposed to independent contractors. 2. The “selling price” of cannabis will be defined as “the total amount of consideration.” Important to note is that the Board will mandate that “no deduction from the total amount…
For most of our clients in Illinois, Nevada, and Washington, the heady days of applying for state marijuana business licenses are behind them. These states have either reviewed or are still reviewing the application submissions, which included operating plans and financials and criminal histories.
The proposed vote measure is so silly and so meaningless that until this week it had received virtually no media play. But on one level it matters. On Washington State voting ballots this year, there is an advisory vote — Advisory Vote No. 8 to be exact — on whether Washington State cannabis businesses should receive tax breaks to which they are technically required.
… be traced to Thomas Jefferson. She writes, “[a]s an ardent supporter of modest republican citizenship, Jefferson was against “any needless official apparel,” especially “the monstrous wig which makes the English judges look like rats peeping through bunches of oakum.” It is believed that by 1801, when John Marshall became chief justice, the justices were…
Tomorrow our cannabis lawyers will be in Chelan County Superior Court arguing to stop the City of Wenatchee from banning marijuana dispensaries within its city limits. To grossly summarize, our position is that because Washington voters chose to legalize marijuana throughout the entire state, no city should be able to override that vote.
Washington and Colorado both prohibit consuming marijuana in public. In both states, consuming marijuana in most hotels, clubs, and bars is also generally forbidden due to both public consumption and general smoking laws. And don’t even think about using marijuana at the retail storefronts from which you buy it as doing that could jeopardize the dispensary’s license.
… and well within 1,000 feet of the church; this liquor store has been there for years — without any protest — despite alcohol’s obvious harms. Washington State law prohibits cannabis businesses form locating within 1,000 feet of the various types of places listed in WAC 314-55-050(10). That list does not include religious institutions. Mt Calvary’s…
(N.B.: Neither the author, this article, nor this blog intends to make, nor makes, any comments for or against the legalization of marijuana in any jurisdiction.) What happens when you mix animal affection with a political issue? A Constitutional Convention? Tax dollars for pet shelters? Would you believe…trade secret litigation? People love their pets.
… As you may have heard, a recent Washington State Division One appellate court case ruled that at least 90% voter approval is required for new act condominiums to adopt an amendment that imposes leasing restrictions. The case is Filmore LLP v. Unit Owners Association of Centre Pointe Condominium, 333 P.3d 498, Wash. App. Div. 1 (2014) (“Filmore…
by Keith Adkins | September 23rd, 2014 Washington, D.C., is a fantastic place to live and work. As our population grows, so does the number of citizens choosing to bike as a means of transportation. While this eases the city’s carbon footprint, it does increase the risk of collisions between cyclists and motor vehicles.
… is to bring relief to patients with chronic and debilitating diseases, how does a ban serve that purpose? Moreover, as we’ve argued in the Wenatchee case, the feds can’t require local officials to enforce federal law, and the two laws (federal prohibition, state-legal MMJ) can stand side by side. These issues are nothing new (read here…
… No!"On the other hand, it may adopt the response that federal banking regulators have thus far revealed with respect the requests of the governors of Colorado and Washington for regulatory guidance to banks on banking "legitimate" marijuana businesses in their states: The Mount Rushmore Response. This involves impassive staring and no audible sound…