Blog Posts in 2018

On the 2018 Farm Act: Can I Start Growing Hemp?

Charles Feldmann

The long-anticipated 2018 Farm Bill finally made its way to the President’s desk and Trump made hemp fans ecstatic when he signed it into law on December 20. With a provision legalizing the cultivation and distribution of hemp on the federal level, many are left wondering what the Act means for cannabis industry operators. What It Means The ...

Will President Trump's U.S. Attorney General Nominee Barr Marijuana Legalization?

Charles Feldmann

President Trump recently announced his nominee for U.S. Attorney General, and it is unclear whether this nominee will be better or worse than the former Attorney General Jeff Sessions when it comes to the growing cannabis momentum toward federal legality. William Barr, who served as President George H.W. Bush’s attorney general, has not yet ...

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 ...

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 ...

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 ...

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 ...

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, ...

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 ...

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 ...

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 ...

Charles Feldmann to Speak at Canna Tech Global

Charles Feldmann

Feldmann Nagel Cantafio PLLC 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 ...

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 ...

To Bank or Not to Bank: Trump Treasury Secretary Speaks on Marijuana Businesses' Abilities to Bank

Charles Feldmann

Last month U.S. Attorney General Jeff Sessions rescinded a memorandum released under the Obama administration that directed the Justice Department to refrain from interfering with state-level cannabis laws. Also under the Obama administration, the Department issued a document, which essentially has allowed banks to open bank accounts with marijuana ...