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Regulated Substances

Florida Jumps on Board to Regulate Vapes as Tobacco Products

In Florida, recent legislation seeks to define e-cigarettes as tobacco products and also restrict flavored vape products to be sold at 18 and over stores.   Although some reports have determined that e-cigs and vapes are much safer than traditional cigarettes, the potential harmful effects seem to have motivated the restrictive lawmaking.  Surprisingly, the new law’s…

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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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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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CA AMENDS TOBACCO PRODUCTS DEFINITION TO TAX BLUNT WRAPS

Prior to the recent amendment, California taxed “tobacco products” which were defined as “all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any . . . products made of, or containing at least 50 percent, tobacco.” This meant that certain products, such as blunt wraps, or cigar wraps, may not be subject to these…

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MEDICAL MARIJUANA IN ARKANSAS – SPECIAL PRIVILEGE TAX

MEDICAL MARIJUANA USE IS CURRENTLY ONE OF THE MOST CONTROVERSIAL TOPICS IN POLITICS. TO DATE, 33 STATES AND THE DISTRICT OF COLUMBIA HAVE LEGALIZED THE USE OF MEDICAL MARIJUANA. EACH STATES MEDICAL MARIJUANA SYSTEM LOOKS DIFFERENT ON ALL LEVELS SPANNING FROM WHO CAN USE IT ALL THE WAY TO THE TAX TREATMENT OF THE DRUG. FOLLOWING TREND,…

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What Does the 2019 Farm Bill Mean for the Hemp Industry?

Earlier this year, U.S. Sen. Mitch McConnell inserted language from his Hemp Farming Act of 2018 into the Farm Bill to federally legalize the cultivation and sale of industrial hemp. Congress passed the legislation Dec. 12, effectively removing hemp from the list of controlled substances and allowing states to regulate its production, commerce and research…

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