Tenth Circuit Rules that State Legal Marijuana Violates Federal Law

James Thorburn James Thorburn
Posted at April 7

Dear Clients and Colleagues:


Today the Tenth Circuit Court of Appeals issued its published decision in Standing Akimbo v. United States. The decision is located here.


It is a 39-page decision. There is a lot of complexity but it is generally unfavorable to the marijuana industry and the Colorado laws and constitution supporting marijuana. Here are some bullet points from the decision:

  • The State of Colorado is bound by this decision. While the State of Colorado, did not answer or defend, the Tenth Circuit Determined that the State was nevertheless a party sufficient to be bound by this decision. 

  • While the Tenth Circuit stopped short of actually declaring the Colorado laws invalid under preemption, it made clear that Colorado was violating federal law. The Court stated:  “[T]he CSA reigns supreme. . . The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. . .  [S]tate legalization of marijuana cannot overcome federal law. . . So, despite legally operating under Colorado law . . .” such persons are conducting “unlawful activities” under federal law.

  • The Tenth Circuit reaffirmed its posit

...more

Categories:
Tags:
  • colorado cannabis
  • Thorburn Walker
  • Standing Akimbo
  • Colorado Cannabis Law
  • 280E
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Colorado Stay at Home Restrictions for Medical and Retail Marijuana Dispensaries

James Thorburn James Thorburn
Posted at April 7

Dear Community, 
 
We hope this message finds you and your family safe and well. These past few weeks have presented unprecedented challenges to all of us. 
 
We have prepared a brief operational guideline, below, for Colorado medical and retail marijuana dispensaries. We realize it may be difficult to navigate the various orders that have been issued and want to provide some guidance.


The current stay at home order in effect in Colorado is the Third Updated Public Health Order 20-24, Implementing Stay at Home Requirements, dated April 1, 2020. You can find the order here .Boulder County, Jefferson County, Arapahoe County, Adams County, and Douglas County have each formally rescinded their local level stay at home orders and adopted the state’s order. See the announcement here .


Similarly, the City of Denver amended the Denver Stay at Home Order to adopt the State of Colorado’s CDPHE Stay at Home Order. All subsequent State of Colorado Stay at Home Orders are automatically adopted by the City of Denver. It is unlawful to violate the stay at home order, and any person who fails to comply with Denver’s Order may also be subject to a civil penalty of up to $999.00. See...more

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Tags:
  • Thorburn Walker
  • stay at home order
  • colorado
  • marijuana
  • retail marijuana
  • medical marijuana
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Tagua Seed Pipes Vs Glass Pipes

YADIRA SILVA YADIRA SILVA
Posted at February 24

Gorgeous "100% Vegetable Ivory" pipes hand carved from a whole dried Tagua seed. These have a "full rind" finish, so the exterior rind or peel of the seed is left intact in its original brown color, and then they are hand polished to become smooth. BIODEGRADABLE.

 

PLASTIC smoking PIPES and the extent of environmental damage and pollution it causes

You and I can help reduce the negative impact of plastic pipes by using more Tagua Coconut Seed Pipes.

...more

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HBK’s Odille to Address Cannabis Industry Concerns as “Cannavest” Panelist

HBK CPAs & Consultants
Posted at February 17

February 17, 2020 … Youngstown, Oh. — Nicholas R. Odille, CPA, MBA, will address some of Cannabis industry owners’ and operators’ most pressing concerns as a panelist on “Navigating the Legal, Regulatory & Compliance Maze” at the Cannavest Conference, February 20, at the Hynes Convention Center in Boston. Nick joins four other industry leaders and moderator Lloyd Pierre-Louis of Dickinson Wright for the opening session of the National Cannabis Industry Association conference’s second day. 

Nick is a Principal in the Youngstown, Ohio, office of HBK CPAs & Consultants and Director of the firm's Cannabis Industry Group (CIG). He specializes in financial consulting and services to business owners and operators in the cannabis, industrial hemp and CBD industry, and in 2016 headed an exploratory group that resulted in the formation of HBK’s CIG. 

Nick works with businesses in all cannabis industry segments—cultivators, processors, retailers—from single facility to multi-location and integrated operations. He counsels owners, management and investors in multiples states and countries, connecting operators with investment bankers and helping them with key financial activi...more

Categories: Accounting  |  Advertising, PR, Marketing
Tags:
  • Cannavest
  • Panelist
  • Accounting
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Essential Cannabis Ad Networks Marketers Need to Know

Oren Todoros Oren Todoros
Posted at 7/12/2019

Despite the fact that regulations surrounding the cannabis industry are starting to loosen up, conventional marketing channels continue to be very strict when it comes to anything related to cannabis.

Regardless of how clean your ads are, if you’re involved in the cannabis industry, be prepared to face numerous advertising obstacles.

That being said, stringent ad regulations have opened the doors to new ad networks who specifically target potential cannabis users.D

Discover the best cannabis ad networks right now, and which ones make the most sense for your business - Grab The Guide.

...more

Categories: Advertising, PR, Marketing
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Cannabis dispensary rolls out its own credit card as weed industry works to go beyond cash-only sales

The Avantpay Conference
Posted at 6/16/2019

To combat the banking/payments issue in the cannabis industry, cannabis company Columbia Care has developed it's own hashtag#creditcard that will be used in Illinois. The company has been testing the card in New York. The company is working with, "financial institutions and other intermediaries in each of the 12 states it operates in, plus Puerto Rico and Washington, D.C., on the credit cards," but we don't know exactly which institutions those are yet. Check out this Chicago Tribune Media Group article by Ally Marotti discussing the issue. Early Bird tickets now on sale for $275. Avantpay|19 brings together public & private sector experts in payments, cannabis, and cryptocurrency - with a strong emphasis on compliance and regulations. www.avantpay.io • • •

hashtag#bank hashtag#cryptocurrency hashtag#cannabis hashtag#payments hashtag#cannabisenthusiast hashtag#cbd hashtag#cannabisencyclopedia hashtag#cannabisbusiness hashtag#cannabisbranding hashtag#cannabisbloggers hashtag#cryptotrading hashtag#cryptopay hashtag#cannabisdc hashtag#cryptonetwork hashtag#cryptonetworkdc hashtag#cannabisnetworking hashtag#cannabisandcrypto hashtag#cryptocannabis hashtag#cryptoentrepeneur hashtag#...more

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Crop Insurance for Cannabis Grown Outdoors Now Available

JB Woods JB Woods
Posted at 5/31/2019

In the history of cannabis insurance there has never been a insurance company willing to offer coverage for cannabis plants growing outside.  Think about it, the chances of something going wrong due to weather or criminals seeking an easy target had scared off most insurance companies.  Indoor crop insurance has been available from approximately two companies knowing those plants are protected by four walls, video, alarms, and gated windows. 

However, the thought of offering outdoor crop insurance was unheard of until now. 

The insurance industry is conservative my nature.  The availability of outdoor crop insurance is considered a giant leap forward for both the cannabis and insurance industry.  There are many variables analyzed by actuaries attempting to quantify if a program of this nature will be viable long term.   Those variables include understanding the numerous hail storms that occur in Colorado.  That California is subjected to many wild fires.  Washington State can experience flooding and wind damage.  Knowing an insurance company analyzed these types of risk was the last frontier in cannabis insurance to be conquer...more

Categories:
Tags:
  • crop
  • cannabis
  • insurance
  • crop insurance
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Six Reasons to Upgrade to a Premium Account or Microsite on the Who’s Who in Cannabis

Brainsy, Inc.
Posted at 5/30/2019

You may not realize it, but you can unlock a world of benefits by upgrading your account on the Who’s Who in Cannabis. Here we outline six reasons why you’d want to do so.

#1. Traditional social media doesn’t like you. Traditional social media services will block or delete MJ related ads and discussions. They don’t like the cannabis industry – regardless of whether you’re in a state where it’s legal or not – and will take efforts to make your life difficult. Good news on this front? Facebook is being challenged in court on these practices (thank you David C. Holland) so we hope this will change soon.

#2. Your content distribution should be contextual. With a premium presence or Microsite on the Who’s Who, you have publishing rights to the Knowledge Board and Q&A community sections of the site. You can also share brochures or documents. Search “cannabis dispensary expert” in Google and see what comes up on the first page. Do you see an article published by Khadijah Adams on the Who’s Who in Cannabis? Search “cannabis extraction expert” in Google and what do you see? It should be a page of indivi...more

Categories:
Tags:
  • SEO
  • marketing
  • cannabismarketing
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