Blog

• Sep 13

  Rise in Use of Rico

  Lilly Lentz, Law Clerk, David Nagel, Esq. and Jean Gonnell, Esq.

  In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act with the intention to combat organized crime. To be criminally or civilly liable under RICO, the liable person must take part in an enterprise that repeatedly engages in racketeering activity. Racketeering, in general, refers to the act of obtaining money ...
• Sep 06

  Marijuana Mayhem

  Feldmann Nagel Margulis

  Fighting Investment Fraud in the Marijuana Business Industry On September 5, the Securities and Exchange Commission (SEC) charged Greenview Investment Partners L.P. with defrauding investors about returns in cannabis businesses after Greenview used misleading marketing materials to raise over $3 million from investors. The SEC has the powers, inter ...
• Aug 10

  Battle of the Bills

  Lisa Pittman

  Nation-wide legalization of hemp made its way through the Senate on June 13, 2018 when the Senate passed its version of the 2018 Farm Bill 86-11. The Senate version would in effect remove hemp from the Controlled Substances Act and authorize the growth of industrial hemp as an agricultural crop. Hemp, derivatives of hemp, and hemp extracts would no ...
• Jun 29

  FDA Approves CBD-Containing Drug - Will the DEA Finally Step Up?

  Charles Feldmann

  On Monday, the U.S. Food and Drug Administration (FDA) approved Epidiolex, a drug containing Cannabidiol (CBD). CBD is one of the 80 active chemicals found in the marijuana plant, but unlike the more commonly known cannabinoid chemical Tetrahydrocannabinol (THC), CBD does not produce a “high”. Justin Gover, chief executive officer of GW ...
• Jun 22

  TRUMP FULFILLING PROMISE

  Charles Feldmann

  Ending a year-and-half holdup on the selection of Colorado’s chief federal prosecutor, President Trump nominates Jason Dunn for Colorado US Attorney. Confirmation in U.S. Senate is a process that could take several months, but if confirmed, Dunn would oversee Colorado’s federal law enforcement agencies- from the Drug Enforcement Agency, ...
• Jun 20

  The Federal Government First Approves Gay Marriage, Then Sports Betting - Is It Finally Marijuana's Turn?

  Charles Feldmann

  While Attorney General Jeff Sessions lobbies Congress to reduce protections for medical marijuana, President Donald Trump is considering supporting a congressional effort to end the federal ban on marijuana. Last Thursday a bipartisan group of lawmakers lead by Colorado Senator Cory Gardner and Massachusetts Senator Elizabeth Warren proposed the ...
• May 29

  The Supreme Court Puts a Halt to a Commandeering Congress

  Charles Feldmann

  On May 14, 2018, the Supreme Court chose to revive American Federalism when a seven-member majority of the Court held the Professional and Amateur Sports Protection Act of 1992 (PASPA) to be unconstitutional. The case, Murphy v. NCAA, et al., resulted in a ruling that struck down the provision of PASPA that prohibited the states from authorizing ...
• May 23

  Trump-Gardner Pot Deal: Could Federalism Be the Fix to the Fed's Fight Against State Marijuana Industries?

  Charles Feldmann

  In the eight states that allow recreational marijuana use, and over two dozen states that authorize medical marijuana use, state and federal law are conflicting. And even further, Congress, since 2014 has prevented the Department of Justice from interfering with state medical marijuana laws, essentially creating conflict within the federal ...
• Mar 01

  Charles Feldmann to Speak at Canna Tech Global

  Charles Feldmann

  Feldmann Nagel Margulis is proud to announce that our own Attorney Charles Feldmann has been invited to speak at CannaTech Global in Tel Aviv. CannaTech showcases the biggest industry thought leaders, known for their significant and groundbreaking contributions to the global cannabis market in fields such as science, finance, government policy and ...
• Feb 23

  Charles Feldmann to Speak with Knesset Members, Israeli Media & Local Business People

  Charles Feldmann

  Lochamim L’chaim – which translates to “Fighters for Life” – is hosting an upcoming charity gala in Tel Aviv, Israel. Lochamim L’chaim is a leading nonprofit organization that dedicates its efforts and donations to provide legal counseling and financing for local former-military members who now live with PTSD ...
• Dec 20

  Hawaii MMJ Patients Instructed to "Voluntarily Surrender" Firearms to Honolulu Police Department

  Charles Feldmann

  Medical-marijuana cardholders have thirty days to “voluntarily surrender” their firearms, according to a letter sent by the Honolulu Police Department to MMJ patients last month. Currently, Hawaii’s state statutes include any person who is “prohibited from possessing firearms or ammunition under federal law” from ...
• Dec 19

  Charles Feldmann Selected for Prestigious Lifetime Achievement Award

  Feldmann Nagel, LLC

  Announcing the Lifetime Achievement selection of Charles Feldmann among America’s Top 100 Attorneys®. Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a ...
• Oct 26

  FN Attorney Lisa Pittman Featured In Houstonia Magazine

  Charles Feldmann

  Meet the First Lady of Texas Cannabis Law (For the original article on Houstonia.com, please click here.) Houston native Lisa L. Pittman is the state’s first attorney specializing in medical marijuana law. By Sarah Rufca Nielsen 6/22/2017 at 8:00am Published in the July 2017 issue of Houstonia SOME DAYS ARE LONGER AND MORE TRYING THAN OTHERS ...
• Oct 26

  Interview With FN's Lisa Pittman Featured In Dallas News

  Charles Feldmann

  Is it inherently Texan to legalize marijuana? July 5, 2017 (The original can be found here.) By Dom DiFurio, Web Producer Lisa Pittman is one of the first attorneys in Texas to specialize in medical marijuana law. She came to the industry not from the recreational side, but as a mother seeking treatment for her child with epilepsy. Pittman ...
• Aug 21

  FBI Agents Posing as Medical-Marijuana Investors

  Charles Feldmann

  According to news reports, FBI agents have been posing as medical-marijuana business investors as part of larger ploys to investigate political pay-to-play schemes. One in particular – an agent who utilized the alias “Mike Sweets” as part of FBI operations – has been involved in two investigations to date. On both occasions, ...
• Aug 01

  Attorney Feldmann Speaks on Possible Endangerment of Marijuana Federal Policies

  Charles Feldmann

  Recently, it has been brought to light that there is a possibility of legal protections aimed for marijuana business owners to be at risk of eradication. Anti-cannabis members of the administration are seeking to bring the laws back to 2009--an undesirable situation for all involved. Marijuana business lawyer Charles Feldmann spoke on the matter, ...
• Jul 27

  UPDATE: TIMING OF CALIFORNIA'S EMERGENCY MARIJUANA REGULATIONS ANNOUNCED

  Charles Feldmann

  Regulations for commercial medicinal and adult-use marijuana in California are slated to be published in the fall of 2017, according to a Department of Consumer Affairs’ Bureau of Cannabis Control (“DCABCC”) announcement on July 26, 2017. The implementation date for the issuance of medicinal and adult-use licenses under the ...
• Jun 23

  Are the IRS and SEC Stepping in for the DEA?

  Charles Feldmann

  While the marijuana industry’s attention has remained focused on what the new Trump administration means for state-level cannabis legalization – specifically on whether Attorney General Jeff Sessions, a vehement anti-marijuana crusader, will instigate a federal crack-down against states that have legalized marijuana and implemented ...
• May 15

  DOJ and States with Medical Marijuana

  Charles Feldmann

  Congress recently approved the FY2017 budget, Consolidated Appropriations Act, 2017. Contained within the budget was the renewal prohibiting the Department of Justice from using appropriated money to prosecute medical marijuana "use, distribution, possession, or cultivation" so long as each of those actions were accomplished pursuant to ...
• May 03

  Colorado Governor Meets with Sessions about Marijuana

  Charles Feldmann

  According to The Denver Post, Colorado Governor John Hickenlooper met with Attorney General Jeff Sessions last week in Washington, D.C. to discuss the new administration’s federal policies on marijuana – and how it plans to enforce them. Citing Colorado’s regulatory scheme, Hickenlooper reportedly told the new AG that he believed ...
• Mar 28

  UPDATE: CALIFORNIA'S ADULT USE OF MARIJUANA ACT (PROPOSITION 64)

  Charles Feldmann

  In November, 2016, I wrote a blog summarizing some of the important aspects of California’s Adult Use of Marijuana Act (“Act”). This blog serves to update you on California’s efforts to implement the Act and what prospective licensees can do prior to the license application process. Under the Act, the Bureau of Marijuana ...
• Feb 24

  Trump Press Secretary Addresses Marijuana Legalization

  Charles Feldmann

  The Trump administration issued its first official statements on the national marijuana industrythis Thursday, when reporters asked White House Press Secretary Sean Spicer for details on whether theDepartment of Justice plans to enforce federal drug laws in states that have legalized cannabis. While Spicer did not address specifics regarding the ...
• Feb 09

  Israel Considers Exporting Medical Marijuana

  Charles Feldmann

  Exporting medical marijuana may soon be on the horizon for Israel. According to Yediot Ahronot, Israel’s Committee of Directors General plans to recommend cannabis exportation in the next few weeks. The committee, which consists of the Ministries of Finance, Justice, Public Security, and Health, has additionally considered using funds from ...
• Feb 03

  This Week in Marijuana Law: The Global Market

  Charles Feldmann

  Canada medical marijuana grower Tilray has confirmed another export deal with a cannabis company licensed by the Chilean government, becoming the first foreign mover in overseas markets. While this is a big move in the emergence of a new global marijuana market, it is also a reminder of how cannabis companies in the United States are lagging behind ...
• Jan 27

  Federal Risk Mitigation

  Charles Feldmann

  As the senior team leader in our law firm’s cannabis practice group I have been recommending caution, awareness and the ability to quickly pivot - to all of our firm’s marijuana clients. Managing a client’s federal risk in this industry is something that requires vigilance and daily analysis and has been the top priority of my law ...