In December 2018, Congress passed the 2018 Farm Bill. While Congressional passage of the “Farm Bill” is a relatively regular occurrence, the latest iteration had big implications for the Hemp Industry, because of a provision of the bill which removed hemp from the definition of “marijuana” under the Controlled Substances Act. While this
Fox Attorneys Present: Employment Compliance in the Age of Legalized Marijuana
On January 15, 2019, Fox Rothschild attorneys Josh Horn and Joseph McNelis will present Employment Compliance in the Age of Legalized Marijuana to the Greater Valley Forge HR Association in King of Prussia, PA.
The presentation will discuss the challenges Pennsylvania employers face given the dichotomy between state and federal laws governing cannabis. Josh and
Section 280E Litigation Update: Harsh Results for Resellers
In the latest Tax Court opinion addressing the application of Section 280E to cannabis businesses there is no good news. However, there is some new guidance. In Patients Mutual Assistance Collective Corp. v. Comm’r, 151 T.C. No. 11, the taxpayer made a litany of arguments to convince the court that their business, or
One Toke Over the Line: Employer of Marijuana Workers Seeking FLSA Overtime Defends By Asserting Its Business Is Illegal
It is not often when an employer defends a FLSA lawsuit by asserting that it is in an illegal business and therefore immune to suit. Sound funny? Well, that is precisely what a Colorado employer that furnishes security services to legal cannabis growers/sellers has pressed on the Tenth Circuit. The employer’s theory is that the
Fox Trio Named to List of ‘Trailblazers’ in Cannabis Law
The National Law Journal has recognized Fox’s own Jennifer Benda, William Bogot and Joshua Horn as Trailblazers in Cannabis Law. This national distinction identifies attorneys who are paving the
Webinar: How Does Legalized Marijuana Affect the Construction Work Site?
All employers face challenges in navigating issues surrounding legalized marijuana. For construction industry employers, the challenges are particularly difficult given the necessary emphasis on safety.
Last week, my colleague Jeff Polsky, co-chair of Fox’s Labor and Employment Department, recorded a 90-minute webinar for Lorman addressing the issues construction employers face in jurisdictions that have
So Why Should You Care About 280E
For the latest analysis of the implications of IRC 280E, check out this blog from Jennifer Benda.
Treasury Department Data Shows Continuing Increase in Availability of Marijuana Banking
The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has released updated quarterly statistics showing a continuing increase in the number of depository institutions that actively bank U.S. marijuana businesses. As of March 31, 2018, a total of 411 banks and credit unions provided services to marijuana-related businesses, up from 365 one year ago. FinCEN’s data
Tax Controversy For Cannabis Businesses
Jennifer Benda wrote a recent blog on tax controversy in the cannabis business space. This is an important issue for anyone in the business. Check it our here.
Promising Federal Legislation Could Give Protection to Cannabis Businesses
Few things are as bi-partisan as constructing a snazzy acronym for federal legislation, and Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) did not disappoint with the “Strengthening the Tenth Amendment Through Entrusting States Act” (“STATES Act”). As its name suggest, the goal of the STATES Act is to protect regulated cannabis businesses and users