Regulated Substances
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…
Read MoreFlorida 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…
Read More2018 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…
Read MoreFarm 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?”…
Read MoreLocalities 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,…
Read MoreCannabusinesses 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…
Read MoreTobacco 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,…
Read MoreLiquor 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…
Read MoreCA 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…
Read MoreMEDICAL 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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