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Posts by Paula Savchenko

I Want to Get Involved in the Green Rush in Florida. How Do I Do It?

Everyone wants to get involved in the green rush of the year – cannabis. Attorney’s working in the space are getting an influx of calls about hemp cultivation and commercialization. In Florida, SB 1020 is the legal framework that will govern the hemp industry. Further, the Department of Agriculture and Consumer Services is working on…

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2018 Farm Bill Passes – Now What?

A hot topic of discussion this year has been the 2018 Farm Bill, more formally, the Agricultural Improvement Act of 2018, and what it means for the burgeoning hemp industry. Attorneys in the space get calls regularly on the issue, with clients asking some form of the question: “Is hemp now fully legal?” If you…

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Farm Bill Passes – More Uncertainty for the Hemp Industry, For Now

A hot topic of discussion this year has been the 2018 Farm Bill, more formally, the Agricultural Improvement Act of 2018, and what it means for the burgeoning hemp industry. Attorneys in the space get calls regularly on the issue, with clients asking some form of the question: “Is hemp now fully legal or not?”…

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Low Income Housing Tax Credits – Part 1

Low Income Housing Tax Credits (“LIHTC”) are a great tax planning tool that real estate developers and investors should take advantage of. Additionally, LIHTC can overlap with other tax credits and tax breaks to further maximize return on investment. LIHTC projects and other tax credits and tax breaks can be used in conjunction, with proper…

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Localities Continue to Ban Medical Marijuana Dispensaries

In Florida, medical marijuana is fully legal on the state level as long as it is being sold by a medical marijuana treatment center. However, setting up shop as a medical marijuana treatment center is not an easy task on all fronts, including being shut out by some localities. Multiple localities have either enacted moratoriums,…

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Cannabusinesses Create Issues for Property Appraisers

The cannabis industry laws are extremely volatile. This is mainly a result of cannabis being a new industry, with a trial and error type of lawmaking process. To date, marijuana is legal in one form or another in 33 states. This new area of law, coupled with county property appraisers’ broad authority, creates an unstable…

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Tobacco Importers Accused of Scheme to Avoid Federal Excise Taxes

Good Times USA LLC and its business partners have been accused of devising a scheme to avoid paying federal excise taxes (“FET”). The U.S. government gave a not so happy new year gift to Good Times and its partners on January 4, 2019, as it filed a Complaint in the U.S. Court of International Trade,…

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Liquor Licensing: Are Residency Requirements Constitutional?

The United States Constitution’s 21st Amendment gives states the power to regulate the distribution of alcohol within its borders. However, as a check to the states power, the dormant commerce clause prevents states from discriminating against interstate commerce. In summary, this means that a state cannot impose harsher restrictions on an out of state business…

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California Cannabis State Tax Scheme

Going green has taken on a new meaning in the United States. Less than two decades ago, marijuana was illegal across all 50 U.S. states. Now, thirty-three states and the District of Columbia currently have passed laws broadly legalizing marijuana in some form. California activated its recreational adult-use cannabis program on January 1, 2018, and…

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Medical Marijuana Dispensaries Tax Liability Clarified in Harborside Case

A long-awaited decision came out in the end of November that affects all cannabis businesses. In this case, the Tax Court denied a California medical-marijuana dispensary’s deduction of ordinary and necessary business expenses and some of its costs of goods sold. This decision serves to provide more clarification for cannabis businesses, CPAs, and tax attorneys…

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