For the latest analysis of the implications of IRC 280E, check out this blog from Jennifer Benda.
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Federal Law and Policy
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…
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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.

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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…
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The Green Elephant in the Room: In re Olson
Jesse Harris writes:
Is a landlord who accepts rent from a cannabis dispensary tenant entitled to bankruptcy relief in a federal forum? In In re Olson, 2018 WL 989263…
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California Evidence Code Section 956(b): How to Preserve the Attorney-Client Privilege Over Advice Concerning Medical and Adult-Use Cannabis
Jack Praetzellis writes:
California Governor Jerry Brown signed an amendment to California Evidence Code Section 956 ominously known as the “crime-fraud exception”. The newly-revised Code Section attempts to address the…
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More on Status of FinCEN’s Marijuana Banking Guidance
As a follow-up to yesterday’s post regarding the status of FinCEN’s 2014 marijuana banking guidance in light of the Attorney General’s policy reversal on marijuana enforcement at the federal level,…
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FinCEN Confirms Marijuana Banking Guidance Remains in Place Despite DOJ Policy Reversal
Reuters is reporting today that the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) was caught off guard by Attorney General Jeff Sessions’ announcement last week that the Justice Department was…
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Fox Attorneys Provide Analysis on Cannabis Policy Announcement From U.S. Attorney General
Last Thursday, Attorney General Jeff Sessions issued a policy Memo regarding Marijuana Enforcement that effectively rescinded the 2013 “Cole Memo” guidance, which endorsed a more “hands off” approach…
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Federal Data Shows More Banks Are Serving Marijuana Businesses
The Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has released updated statistics showing a steady increase in the number of depository institutions that actively bank U.S. marijuana businesses. As of…
Continue Reading Federal Data Shows More Banks Are Serving Marijuana Businesses