Colorado marijuana lawyers

February 7, 2015

IRS Instructions on Marijuana Business Deductions

For business owners in Colorado and Washington State, or even where businesses sell medical marijuana, filing taxes can be complicated. As tax season draws near, the IRS has provided guidelines for filing taxes related to marijuana profits, though they could result in a heavy burden. Currently, four states have legalized marijuana for medical use. Despite states loosening their restrictions on pot, the federal government continues to maintain that the drug is a controlled substance. The conflict between state and federal law creates the potential for criminal liability–and what about taxes?

Normal business owners will be responsible for paying state and federal income taxes, wage taxes and other expenses related to business operation. For those in the marijuana industry, filing taxes on your business means admitting to the federal government that you are committing a crime. Some have taken on this issue by filing a complaint alleging that even paying state taxes amounts to a violation of the 5th Amendment. The lawsuit challenges the taxes by claiming that you have the right not to incriminate yourself.
Continue reading

February 5, 2015

Poison Control Gets Increasing Number of Pot-Related Calls

By Cannabis Law Group

Though pot is not generally considered dangerous or deadly, there have been an increasing number of 911 and poison control calls in states where marijuana has been legalized.

According to the Associated Press, poison-control centers in Washington and Colorado have seen a spike in the number of calls related to marijuana. The rise is also significant in comparison to other states who have not legalized marijuana and marijuana products for recreational use.

One of the greatest concerns for public health officials is the increase in poison calls involving injury to young children.

The uptick in calls may not have as much to do with more injury risks, but rather, legalization has made parents and caretakers more likely to call in when there is a risk of harm. While there could be an increase in access to marijuana products, including edibles, some say that the spike in poison control calls has more to do with an ease in contacting authorities regarding marijuana.

According to data presented before the Colorado legislature, the Rocky Mountain Poison and Drug Center received 151 calls related to exposure in 2014. The number of calls was up from 88 in 2012, raising concerns for a number of public health professionals.
Continue reading

January 25, 2015

Risk of Explosions and Home Cultivation of Hash Oil

By Cannabis Law Group

Growing pot at home and in residential areas is posing serious health and property risks in Colorado.

According to lawmakers, firefighters, and industry experts, amateur growing of marijuana in kitchens and basements has resulted in the rise of home explosions. Laboratories use flammable chemicals to extract potent drops of concentrate called “hash oil,” and can result in the accidental explosion of residences. Victims have also been caught in the flames, suffering serious injury. Though there have been no reported fatalities, the explosions have the potential to result in accidental death. This growing trend of home has also posed significant risk in Florida, California, and Illinois, as well as other states where pot is still illegal.

While cities are making efforts to shut down homemade hash oil productions, many state lawmakers are looking to specifically outlaw it. Despite these campaigns, home grown hash oil enthusiasts continue to advocate for their own rights to continue to safely create the product without using butane. Criminal defense lawyers are also arguing that the practice cannot be banned since Colorado voters made marijuana legal to grow, smoke, process and put on the market in 2012.
Continue reading

January 9, 2015

“Good to Know” Marijuana Educational Campaign Launched in Colorado

By Cannabis Law Group

With legalization trends taking hold in Colorado, Washington, Oregon and Alaska, marijuana use has increased rapidly. According to some opponents of marijuana reform, legalization has led to an increase in the number of teens who have been treated for accidental pot consumption. To combat the potential risks of marijuana use and overdose, Colorado is launching its “Good to Know” campaign to inform residents and tourists about safe marijuana usage. The campaign has a $5.7 million budget and has already started to appear in newspapers, magazines, and on the air.

According to the director of the Department of Public Health and Environment in Colorado, the priority of the campaign is to educate citizens and tourists on the responsible use of marijuana. Critics say that both Washington and Colorado failed to provide education about use and consumption of the drug since legalization. The campaign is a collaborative effort in Colorado to inform residents and tourists about the regulations as well as potential risks of consumption. The campaign targets teens, tourists, minorities, even fringe demographics, including breastfeeding women, who may not be aware of the potential risks of THC.
Continue reading

January 3, 2015

Two States Sue Colorado for Legalization of Marijuana

By Cannabis Law Group

Colorado has been criticized internally, by neighboring states, politicians, non-profits, the medical community, and individuals who only see the negative side of legalization. While there are potential medical and public health risks, there are also potential economic losses and other business damages related to the marijuana industry. Colorado’s neighboring states and others allege that legalization has made it more difficult to enforce laws internally. It has also had severe economic costs on law enforcement agencies and related businesses. While not every state is joining the lawsuit, others have seen legalization cause harm, including economic losses that could make Colorado liable.

The federal lawsuit was filed by plaintiffs, Nebraska and Oklahoma, alleging the Colorado marijuana policy is a violation of the U.S Constitution and places and undue burden on neighboring states. Marijuana is legal under federal law, and the U.S. Constitution prevents certain kinds of competition between states. According to the complaint, the combination of these anti-drug laws and Constitutional protections make the Colorado legalization a violation of other states’ rights.

Colorado Attorney General, John Suthers, has refused to back down and is taking an aggressive approach to defeat the claim. He has made public statements that he intends to defend the marijuana laws. In defense, the Attorney General explains the major grievance named by the other states is that the Colorado law is in violation of federal drug policy. Here, the attorney has explained that the other states do not have grounds to file a claim.
Continue reading

December 14, 2014

One Year Later: Marijuana Health Effects in Colorado

By Cannabis Law Group

With advocates and critics taking staunch positions on both sides of the marijuana legalization debate, important questions remain. How has legalization changed patterns of usage? Are patients seeing significant improvement when using medical marijuana? Have crime rates gone up or down in Colorado and Washington since recreational use was legalized? Are tax revenues worth other consequences of marijuana legalization? Among all of the questions that are raised regarding marijuana legalization, another issue is related to the health of citizens. Has overall health of citizens improved or declined since legalization? Has the rate of emergency room visits gone up?

One year later, public health specialists are able to look at the overall patterns to determine how legalization has affected treatment, well-being, and other aspects of health. According to a recent article published in the Journal of the American Medical Association, three Colorado emergency room physicians offered their perspective on how legalization has affected healthcare and wellness. Colorado has allowed medical marijuana for patients with chronic and debilitating medical conditions since 2000. More marijuana licenses were distributed after October 2009 when the Attorney General released guidance for local authorities and their responsibility for prosecuting marijuana offenses. Marijuana use became even more widespread and liberal after it was legalized for recreational use in 2014.
Continue reading

December 1, 2014

Marijuana Dining and Legal Complications

By Cannabis Law Group

One of the most interesting shifts in the marijuana industry is from recreational “smokable” products to recreational food products. In Washington and Colorado where recreational marijuana is legal, entrepreneurs are seeking new ways to package and distribute cannabis, including food products. In addition to sweets, including brownies and cakes, known “marijuana foodies” are experimenting with a wide variety of dishes, including a steak with pot-infused brandy and other fine foods. But what are the limits of such food experiments? Where are they legal and how will the use play out in the restaurant industry?

Recently, in Colorado, marijuana enthusiasts paid $250 for a weekend celebration of pot and food items, according to reports. And yet, the city and state have continued to prohibit any “open or public” use of the drug. This means that restaurants or events, even those who are licensed, may be limited to how they can use the drug. The limitation on open and public use places a clear restriction on the use and distribution of pot in restaurants. Is there still a future for the industry?

New marijuana laws in Colorado, Washington, and nationwide, mean a changing legal landscape and much uncharted territory. As entrepreneurs and enthusiasts expand beyond traditional means of using and distributing pot, they will also have to be aware of the legal limitations and regulations. On the other hand, pushing the envelope and raising voter and legislative support for certain activities could mean regulatory change in the future.
Continue reading

November 17, 2014

“Green Friday” and Marijuana Holiday Shopping

By Cannabis Law Group

With the holidays around the corner, retailers, large and small alike are preparing for ways to boost sales among American consumers–and the pot industry is no exception. According to reports, pot sellers in Colorado are taking advantage of the first holiday season to sell recreational marijuana during the busiest shopping months of the year. Marijuana products include joints, candies and chocolates, as well as lip-balms or other hemp-based products. Companies are seeking to get the same “Black Friday” sales bump as other department stores and retailers. They have even dubbed the traditional shopping day, “Green Friday.”

Sellers throughout the state have raised their expectations, hoping that locals and tourists will purchase marijuana as gifts for their friends, family, and loved ones. This is the first Christmas season that purchasing recreational use marijuana has been possible in the state. Like other retailers nationwide, at least one Colorado marijuana shop is expecting an 8:00 a.m. line on “Green Friday” as enthusiasts seek to get their hands on some of the holiday shopping specials. According to the owner of the shop, early-birds will be able to get an ounce of weed for $50, an amount that usually sells for five times as much. The shop is also selling dollar-joints and half-off vape-pens.
Continue reading

November 5, 2014

Marijuana Policies on Colorado Ski Slopes

By Cannabis Law Group

The legalization of marijuana has changed environments from college campuses and cafes to the streets. But what about Colorado’s famous ski slopes?

According to reports, locals and tourists alike have been taking advantage not only of Colorado’s world-famous powder, but access to marijuana while there. Skiers are likely to see pot smoking outside the lodge, on the chairlifts and on the slopes.

Despite all this, pot smoking is actually highly-regulated on the slopes through strict policies and heavy taxation. It’s important for both visitors and lodges alike to understand their rights, obligations and potential liabilities.

Since Colorado voters passed legislation to legalize marijuana in 2012, dispensaries are able to sell a variety of marijuana-laden goods, from resin to edibles. In addition to the legalization of dispensaries, adults over the age of 21 are able to own, buy, and possess up to an ounce of marijuana. Tourists can purchase up to a quarter of an ounce, which is often consumed, before or after a day enjoyed on the ski slopes.
Continue reading

November 1, 2014

Halloween and the Alleged Danger of Marijuana “Treats”

By Cannabis Law Group

Every Halloween, teachers, parents and authorities warn of the potential dangers hidden in candy and treats. Trick-or-treating requires every parent to check to make sure that “treats” are safe for consumption. This Halloween, the Denver police department took extra precautions to warn parents of the potential danger of edibles this Halloween season. According to a public service video announcement, trick-or-treating children should be wary of the potential of marijuana edibles. With more edibles mimicking commonly-consumed candies, like gummy bears, chocolates or Jolly Ranchers, parents were urged to double check Halloween goodies to be sure they aren’t infused with marijuana.

One problem for parents and authorities is that it can be difficult to tell the difference between marijuana edibles and regular candies. In the event that a candy is not clearly marked or packaged, authorities advised parents to simply throw the candy away. For marijuana advocates, the fear of edibles is unfounded. it’s extremely unlikely that anyone would hand out marijuana edibles to children. Despite the fears, there have been no reported cases of marijuana-laced handouts. The Halloween public service announcement echoed common fears about how the legalization of edible marijuana is a danger to children.
Continue reading