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Blog 2016

    Blog Posts in 2016

  • Dec 19

    Marijuana and Jeff Sessions: What the Attorney General Pick Might Mean for the Industry

    Charles Feldmann

    With the Senate confirmation hearings of Jeff Sessions (R-Ala.), president-elect Donald Trump’s nominee for Attorney General, less than a month away, advocates of marijuana legalization have pondered what his role as AG could mean for the burgeoning industry’s future—an industry that’s currently projected to hit $20.6 ...

  • Nov 21

    3 Reasons Why You Should Invest in a Marijuana Business

    Charles Feldmann

    Marijuana is now legal in some form in twenty-eight U.S. states and the District of Columbia – more than half of the country. As more states legalize marijuana for either medical or recreational purposes (or both), marketers and investors are lining up to get a piece of what is currently a $7 billion industry. With more than 60 percent of ...

  • Nov 20

    Anti-Marijuana Senator Jeff Sessions Selected as Attorney General

    Charles Feldmann

    Donald Trump’s transition team announced Friday morning that Senator Jeff Sessions (R-AL) is the president-elect’s nominee for Attorney General. Sessions, a “far-right” conservative, was the first senator to officially endorse Mr. Trump in February of this year. Although he’s known for his hard-line stance on ...

  • Nov 18

    Distilling California's Adult Use of Marijuana Act (Proposition 64)

    Charles Feldmann

    By Gregory D. Thomas, Esq. Last week, California passed the Adult Use of Marijuana Act (“Act”) by a vote of 56% to 44%. Conventional wisdom dictates that legalized recreational marijuana in the United States’ most populous state and the sixth largest economy in the world will have a significant influence on how marijuana is ...

  • Nov 16

    Medical Marijuana Cardholders Still Banned from Purchasing Firearms, Court Says

    Charles Feldmann

    By: Charles Feldmann, Esq. On August 31, 2016, the Ninth Circuit upheld a ban that prevents medical marijuana cardholders from purchasing a firearm. The case arose when Rowan Wilson, a Nevada medical marijuana cardholder, attempted to purchase one from a local dealer in 2011. Medical marijuana is legal in Nevada. However, the federal government ...

  • Nov 15

    Court Says Colorado License Plates Not Enough to Search Vehicle

    Charles Feldmann

    By: Charles Feldmann, Esq. On August 23, 2016, the Tenth Circuit held that highway patrol officers involved in traffic stops cannot use the fact that an individual’s identification or license tags are from a state that has legalized marijuana as a justification to detain the person or search the vehicle for drugs. In addition, the court found ...

  • Nov 10

    The Future of Marijuana Under President Trump

    Charles Feldmann

    By Charles Feldmann, Esq. Donald Trump’s election on Tuesday as the next U.S. president has left proponents of both recreational and medical marijuana wondering about the industry’s future after he takes office this January. In addition, the passing of four initiatives in favor of legalizing recreational marijuana (California, ...

  • Nov 09

    California Voters Legalize Recreational Use of Marijuana

    Charles Feldmann

    Proposition 64 Legalizes Recreational Cannabis Use By: Charles Feldmann, Esq. Yesterday, Californians voted to legalize the recreational use of marijuana. By approving Proposition 64, California became the most populous state in the U.S. to pass such a law. After narrowly rejecting a similar measure six years ago, Californians voted to end ...

  • Nov 02

    Marijuana Business Litigation - Special Considerations

    Charles Feldmann

    Feldmann Nagel Cantafio PLLC attorney Lisa Pittman, together with Attorney Lisa Dickinson of Dickinson Law Firm, PLLC in Spokane, Washington, are the authors of a new article which will soon be featured in an upcoming edition of the ABA’s TIPS Business Litigation Committee Newsletter. The article, entitled “ Medical Business Litigation ...

  • Nov 01

    Texas Hold'em: CBD License Application Fee Raised to $1,300,000

    Charles Feldmann

    By: Lisa Pittman, Esq. License application fees are now bigger in Texas. Specifically, the newly proposed license application fee to participate in the State’s inaugural medical marijuana program, under the Texas Compassionate Use Act (the “Act”), has been raised from $6,000 to $1,300,000. The Act is a statute that contemplates ...

  • Oct 31

    What Licenses Do I Need to Open a Marijuana Dispensary in Colorado?

    Charles Feldmann

    By: Charles Feldmann, Esq. If you are like many entrepreneurs looking to capitalize on the burgeoning new legal marijuana industry, you may have several questions about how to open a marijuana dispensary. What local and state regulations will you have to comply with? Do you need a business license? Are licensing requirements different for medical ...

  • Oct 20

    Anecdotes from the World of Marijuana (Ahead Of the November Elections)

    Charles Feldmann

    By: Gregory D. Thomas, Esq. The marijuana industry, and presumably those opposed to legalization of the plant, waits with bated breath on this coming November’s state election results. No doubt, there will be many compelling stories to come out of those results for months – if not years – to come. In the meantime, let’s look ...

  • Oct 18

    Starting a Marijuana Business: What You Need to Know

    Charles Feldmann

    By: Charles Feldmann, Esq. The legal cannabis industry is currently exploding, offering entrepreneurs a wealth of opportunities for success. In fact, the value of the legal cannabis market has grown from $1.5 billion in 2013 to $2.7 billion in 2014– a 74% increase. With recreational marijuana already legal in four states and potentially legal ...

  • Sep 30

    Charles Feldmann, Esq. to Speak at Upcoming Texas NORML Veterans Conference

    Charles Feldmann

    Charles Feldmann, Esq. will speak at the Texas NORML Veterans Conference Legal Panel at the Texas Capitol on the topic of “Texas Marijuana Laws and Interactions with Law Enforcement.” This event will take place on October 15, 2016. Veterans and patients are pushing for reform of medical marijuana laws in Texas so that they can benefit ...

  • Sep 27

    The Greenhouse Effect: Pros & Cons of High-Tech Facilities

    Charles Feldmann

    By: Gregory D. Thomas, Esq. In the past several months, I have received a number inquiries about the possibility of starting greenhouse grow operations inside and outside of Colorado. While most of these inquirers were already set on a greenhouse cultivation operation versus an outdoor or warehouse facility, it was clear that very few of these ...

  • Sep 06

    Update: Marijuana to Remain Schedule I Substance, but Research Encouraged

    Charles Feldmann

    By: Charles Feldmann, Esq. After much speculation in the midst of historic momentum to legalize marijuana, Drug Enforcement Agency (DEA) Acting Administrator Chuck Rosenberg recently replied to petitions to remove marijuana from its Schedule I status. On August 11, 2016, Rosenberg announced via correspondence to petitioners that – at least ...

  • Aug 11

    Douglas County Commissioners Adopt New Marijuana Regulations

    Charles Feldmann

    By: David Feeder, Esq. On August 9, 2016, the Douglas County Commissioners adopted a new Ordinance (No. O-016-002) that regulates the growing, cultivation and processing of marijuana (“Marijuana Activity”) in unincorporated territory of Douglas County. The Ordinance limits the location where Marijuana Activity can be conducted through ...

  • Jul 26

    New Study Suggests that Medical Marijuana Has Potential as Alzheimer's Treatment

    Charles Feldmann

    By: Charles Feldmann, Esq. A recent study conducted by Nature Partner Journals found that medical marijuana could potentially be a useful treatment for Alzheimer’ disease. The study revealed that THC stimulates the removal of toxic amyloid plaque in the brain, a common characteristic of the neurodegenerative disease, thus preventing the death ...

  • Jul 07

    The Political Status of Marijuana: A National Update

    Charles Feldmann

    By: Gregory D. Thomas, Esq. In an April blog, I discussed trends in marijuana legalization and reclassification in the United States. Since then, the states of Ohio and Louisiana have legalized marijuana in one form or another, bringing the total number of states where medical marijuana is legal to twenty-six – a majority. Four of those ...

  • Jun 28

    V.A. Medical Marijuana Amendment Struck from Budget Bill

    Charles Feldmann

    By: Charles Feldmann, Esq. An amendment to a budget bill that would have prohibited Veterans Affairs from spending money to enforce its anti-medical marijuana stance disappeared from the bill’s final version last week, leaving many proponents of the measure outraged. Currently, the V.A. prohibits its doctors from recommending – or even ...

  • Jun 15

    Ohio Medical Cannabis Legalization: A Possible Tipping Point?

    Charles Feldmann

    By: Charles Feldmann, Esq. Last week, Ohio Governor and former Republican presidential candidate John Kasich legalized medical marijuana in the seventh most populous state in the country. In doing so, Kasich has not only given a huge boost to the cannabis movement, but also cleared the way for a new medical marijuana market and numerous business ...

  • Jun 02

    Recreational Marijuana Hurdles in Colorado

    Charles Feldmann

    By: Gregory D. Thomas, Esq. Despite the many positive advances recreational marijuana has made since Amendment 64 was passed in 2012, the following represent several significant legal and political hurdles that stand in its way, according to the Marijuana Business Daily: 1) While marijuana (recreational and medical) has grown exponentially into a ...

  • May 31

    The Ganjula Gauntlet: Skiing, Snowboarding and Smoking

    Charles Feldmann

    By: Charles Feldmann, Esq. Last winter, there were an estimated 7.1 million visits to one of Colorado’s twenty-five ski resorts. [1] This year, with the increase in snow and boost in the economy, that number is bound to increase. And with the passing of Amendment 64, Colorado is becoming famous, or rather infamous, for it’s recreational ...

  • May 24

    Marijuana Policy Q&A With Charles Feldmann

    Charles Feldmann

    Former DEA Task Force Commander and marijuana business law attorney Charles Feldmann was recently interviewed by Marijuana Business Daily (follow the link to read the full Q & A session). In the interview, he shared that he used to work as a task force commander for the feds when he was an agent between 1996 and 2001. Later, he also worked as a ...

  • May 23

    The New Colorado Marijuana Business Investor Options Bill: Frequently Asked Questions

    Charles Feldmann

    By: Charles Feldmann, Esq. What’s the law about? In an effort to increase sources of capital for MJ business owners, on January 1, 2017, non-Colorado residents may invest in MJ business companies – a major change from the previous law, which stated that only individuals who had been residents of the state for 2+ years could have ...

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