Los Angeles marijuana business lawyers

February 15, 2023

DEA Declares Delta-8-THC-O & Delta-9-THC-O Illegal, Not Hemp

Los Angeles cannabis business lawyer Despite being widely labeled as hemp-derived novel cannabinoids, Delta-8 THC-O and Delta-9-THC-O have been declared illegal by the U.S. Drug Enforcement Administration. In a letter to a law firm dated Feb. 13, 2023, the agency stated in no uncertain terms that these popular products – referred to collectively under the title THCO – are legally considered “controlled substances.” This directly contradicts with previous federal court rulings that determined delta-8 products could be considered “hemp” and thus lawful under the 2018 Farm Bill.

Note: Delta-8-THC-O and Delta-9-THC-O are different than delta-8-THC and delta-9-THC. While the latter both exist naturally in the hemp plant, THC acetate (better known as THC-O) doesn’t. That’s the underlying basis for the DEA’s position.

THC acetate is most typically a component of products like edibles and vapor cartridges. As Los Angeles cannabis business lawyers, we want to ensure any companies that currently produce, transport, stock, and sell these products take immediate note. It’s not immediately clear how this will impact the market, so it’s a smart idea to immediately consult with a cannabis lawyer on how best to proceed and ensure you’re on the right side of the law.

How the Farm Bill Factors

The 2018 Farm Bill opened the door to a number of cannabinoid products that are known to also have intoxicating properties. This has drawn the attention and ire of some politicians and interest groups. The additional scrutiny has led to legal challenges that have wound up in court. Continue reading

June 16, 2022

Feds Want Banks’ Marijuana Business Data to Bust Money Laundering Schemes

By Cannabis Law Group

Federal authorities with the U.S. Treasure Department want banks to begin collecting – and turning over – data from their marijuana clients so investigators can uncover potential money laundering schemes. cannabis money laundering lawyer

Although our Los Angeles marijuana business lawyers know this news might cause wariness among those in the pot industry, it’s worth pointing out that such data is already gleaned from businesses in other industries, such as convenience stores, car dealers, liquor stores, and casinos. It may in fact by a sign that the federal government is starting (albeit at a snail’s pace) to recognize the state-legal cannabis market as legitimate.

The Treasury’s Office of the Comptroller of the Currency posted its notice in the Federal Register indicating that it plans to keep tabs on cannabis companies as part of its regular yearly filings required of banks. In addition to marijuana businesses, other markets of emerging interest to federal financial regulators are ATM operators and crypto asset traders. The Money Laundering Risk system used by the OCC boosts the ability of federal investigators and banks to flag and investigate potential money laundering risks.

Public comment on these proposed changes is open through early August.

We don’t know exactly how information gleaned from those bank-submitted Risk Summary Forms are analyzed, but the notice indicates the data is used to help authorities better pinpoint those that “may pose heightened risk” of money laundering activities.

As of last September, it was reported there were more than 750 banks and credit unions actively serving cannabis company clients. That was an uptick of 7 percent since the previous quarter.

Within the last year, the U.S. Census Bureau also began gathering information on state government revenues generated from state-legal marijuana. Also, the U.S. Economic Classification Policy Committee issued a recommendation to include marijuana companies as an official designation within the North American Industry Classification System. This system helps the government keep tabs on market and employment information on industries throughout all of North America. Continue reading

December 29, 2021

California Cannabis Tax Compliance, Banking Continue to be Challenges in 2022

By Cannabis Law Group

Heading into the new year, California cannabis company tax compliance and banking will continue to be challenges. Marijuana retailers, growers, product makers and others in the industry would be wise to work closely with an experienced Los Angeles cannabis business attorney to help them navigate these ongoing difficulties. Los Angeles marijuana banking and tax attorney

Recently, the Internal Revenue Service (IRS) issued tips for cannabis compliance. The federal agency noted that while it’s outside of the agency’s power to resolve many of the unique business predicaments that arise from federal prohibition, it wants to help support cannabis companies in becoming tax compliant. Even though marijuana continues to be classified as a Schedule I narcotic by federal authorities, these businesses are still required to shell out federal taxes.

In September, the agency released tips for tax compliance for cannabis businesses. Among those:

Know your investors. Thousands of people are fighting to get into the industry, but working with investors may have some tax implications and repercussions for cannabis companies. Unregistered and “silent” financing and ownership arrangements, with investors sometimes being referred to as “beneficial owners,” get the benefits of ownership but avoid having the property title or activity in their name. That creates numerous challenges for the IRS, and it may result in issues for proper tax filing and accurate reporting of gross receipts. Also, cannabis business owners should be wary of nefarious investors who attempt to put their funds into a business like this, but jeopardize the entire operation with allegations of money laundering.
Make sure you’re licensed. You can’t get federal licensing, but make sure you have proper state and local licensing for your operation.
Timely file and pay your taxes. Even if your business operates with cash, you’re still responsible to file and pay your taxes on time. IRS code doesn’t parse out which income stems from legal vs. illegal sources. All income must be reported. Note that because you’re dealing with a Schedule I narcotic, you must abide by Section 280E – even if your business is 100 percent state legal. That section doesn’t bar you from reducing gross receipts by properly calculating the cost of goods sold to ascertain gross income, though you may not be able to deduct things like selling or advertising expenses. There aren’t any exemptions from employment tax. It may be beneficial to make quarterly payments. Late payments can result in interest and penalties. Non-filers are a priority enforcement for the IRS. So too are those who use cryptocurrency; it’s imperative to use a reputable exchanger.
Report cash transactions. Your business may not use traditional banking, but you still need to report all cash transactions. Any company receiving $10,000 or more in cash (which is most California marijuana businesses) need to file Form 8300 within 15 days of receiving that payment. Failure to be diligent about this can cause major headaches for your business.
Maintain good records. This is mission critical for a cannabis business. Keeping meticulous records – all receipts, canceled checks, any shred of documentation that can support income, deduction, or credit should be kept in some form. Keep these records even for expenses that aren’t legally deductible because it’s going to make it easier to prepare your returns and also answer a question quickly if one arises.

February 16, 2021

California Cannabis Trademark Lawsuit Highlights Industry Pitfall

By Cannabis Law Group

A cigarette manufacturer has filed a trademark infringement lawsuit against a California cannabis company alleging the smaller firm swiped their long-standing brand. The case highlights the fact that trademark registration and branding are valuable assets for any cannabis company, but accusations of trademark infringement can damage your reputation as well as your pocketbooks. marijuana lawyer

Bloomberg Law reports that the owner of Kool menthol cigarette brand alleges in Los Angeles federal court that the logo used by the cannabis company Bloom Brands is far too similar to the interlocking “O” letters used by Kool. The marijuana business has reportedly applied for federal trademarks for the branding images that would cover its oral vaporizers and e-cigarettes. The company that owns Kool, however, sent the firm a cease-and-desist letter late last year.

Now, according to the lawsuit, the cannabis business is accused of trying to profit off the established branding of Kool in a “transparent rip-off.” Continue reading

November 22, 2020

California Cannabis RICO Lawsuit Dismissed Over Federal Prohibition

By Cannabis Law Group

One of the first of its kind California civil racketeering lawsuits involving two warring former cannabis business partners has been dismissed by a federal judge citing U.S. prohibition on marijuana. Los Angeles cannabis lawyer

Schulman et. al., v. Kaplan et. al. was a $200 million case filed last year in the U.S. District Court for the Central District of California pitting one marijuana grower against another, citing the Racketeer Influenced and Corrupt Organizations Act (RICO).

The case was unique because the majority of RICO legal battles were filed by those trying to shut down cannabis grow operators, arguing the farms slashed the value of their property due to the pungent odor of the plant and concerns over security. This matter, on the other hand, was a dispute between two fellow farmers who had once worked together. Continue reading

July 28, 2020

L.A. Marijuana Lawyer: Regularly Review Your Old CBD, Cannabis Contracts

By Cannabis Law Group

In the four years since marijuana has hit the legal market in California, the legal parameters of the industry have transformed at sometimes breakneck speed. The industry is, in a sense, always looking ahead. But because the laws and regulations have changed so quickly, it’s imperative to consult with your Los Angeles marijuana business attorney to periodically look back at older agreements and contracts – ensuring you aren’t overlooking any previous obligations or restrictions.

This point was underscored recently in the California Appellate Court decision in Metsch v. Heinowitz. In this case, the appellate court refused to enforce a contract to produce and distribute marijuana edibles. The contract had been drafted in 2014 – at a time when cannabis wasn’t legal for recreational use in California. This factored significantly in the court’s ability to enforce it. Continue reading

May 27, 2020

New California Cannabis Company Opportunities May Be on the Horizon

By Cannabis Law Group

The COVID-19 pandemic has left much of the country facing some stark economic realities that don’t bode well for many businesses, some of which have already folded. But there could be a bright spot for California cannabis companies. Los Angeles corporate cannabis lawyer

Government agencies – from the federal level on down – are strapped for cash too. There is enormous pressure for politicians to get the economy back on track, and that has many looking for creative ways to stimulate fiscal growth, reduce the unemployment rates and offset lost tax revenues.

This hasn’t escaped local marijuana businesses looking to expand and entrepreneurs exploring a new launch. Continue reading

March 11, 2020

California Sheriff’s Office Raids Model Cannabis Farm

By Cannabis Law Group

marijuana business Arroyo Verde farm, owned by Barry Brand in Carpinteria, was considered a prime example of how a legal cannabis business could flourish under close regulation from Santa Barbara County. Then in January, a sheriff-led raid of the farm found evidence to suggest the farm was not only selling licensed products, but also selling products on the illicit market too.

This came as a surprise to some. Barry Brand had a reputation among county officials and industry investors as an honest businessman.

He was so well trusted by officials, that when a licensed cultivator property tour was given by the county to show reporters just how well cannabis regulations were going, Brand’s farm was chosen. Ironically, the tour intended, among other things, to demonstrate just how impossible it would be for a grower to siphon off crop to sell on the illicit market.

March 7, 2020

California’s Legal Cannabis Market Dogged by Industry Divisiveness and Illicit Competition

By Cannabis Law Group

California’s cannabis industry is sitting on a not-so-well kept secret — that many of its licensed, above board, legal business operators have also traded unlawfully, at some point, and to one extent or another. marijuana business

As many industry insiders have echoed, anyone turning a profit in this new era, has to have at least one hand in unregulated dealings. Chris Coulombre, CEO of Pacific Expeditors in Sonoma, has said “I have to imagine that 60 percent of the market overall is probably playing in a parallel markets, but I don’t think they enjoy that. It’s truly a decision of necessity.”

Whispers of retailers selling counterfeit products are rife. Cultivators are known to sell unregulated product on the side. But how can we blame them? Suffering terribly at the hands of price undercutting from illegal competitors, these unregulated exchanges are all taking place in hopes of keeping doors open, and businesses afloat. Continue reading

May 10, 2019

Is Your Cannabis Counterfeit? Police & Trademark Lawyers Monitoring Closely

By Cannabis Law Group

Throughout Southern California, marijuana dispensaries are reportedly selling cannabis products that are counterfeit – capitalizing on another firm’s branding, holding out one’s illicit products as legal or both. Law enforcement and marijuana business lawyers in Los Angeles are actively monitoring both fronts. counterfeit cannabis

The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) establishes a complex maze of rules and regulations to ensure pot products sold to the public are safe and legal. That means cultivators, manufacturers and dispensaries are vetted and licensed, cannabis goods are tracked seed-to-sale and quality assurance testing is conducted to limit consumers’ exposure to dangerous metals and pesticides.

Despite this, black and gray market marijuana operations in L.A. abound. Continue reading