EXPERTS IN CANNABIS
"The Go To Tax Counsel For Colorado Dispensaries" - The National Laws Journal
Cannabis License Holders and Business Associates
If you are considering hiring an attorney for your cannabis business needs, we suggest reading through our practice areas listed here that will answer common questions you may have about the process.
The cannabis industry in Colorado is continuing to face problems with complying with regulations. In September, the state's Marijuana Enforcement Division (MED) sent out cease and desist letters to over 100 businesses for violating state rules. Some of the violations included having unlicensed employees, illegally selling products, and not having adequate security.
This is just the latest in a series of problems that the cannabis industry in Colorado has been facing. In July, the state's governor had to sign a bill that would give marijuana businesses more time to comply with new packaging and labeling requirements. This followed a lawsuit that was filed by several industry groups against the state.
The ongoing problems with complying with regulations are just one of the many challenges that the cannabis industry in Colorado is facing. Other challenges include a lack of banking access and high taxes. Despite these challenges, the industry is still growing rapidly and is expected to continue to do so.
Ongoing Problems in the Colorado Cannabis Industry
How We Can Help
Our law firm can help you with everything from applying for licenses and permits, to making sure that your business is adhering to all the necessary laws and regulations. We can also help you if you run into any legal trouble, or if you need to resolve any disputes with other businesses or individuals. Whether you're just getting started in the cannabis industry, or you've been running your business for a while, we can help you make sure that you're in compliance with all the rules and regulations. Give us a call today to find out more about how we can help your cannabis business!
Published Cannabis Cases
Feinberg v. Commissioner, 808 F.3d 813 (10th Cir. 2015) (Feinberg I) and Feinberg v. Commissioner, 916 F.3d 1330 (10th Cir. 2019) (Feinberg II) - Click to hear oral argument
Argued on a writ of mandamus, in front of now Justice Neil Gorsuch. Justice Gorsuch’s opinion in Feinberg has been described as a “technical loss but an artful win for the cannabis industry.”
High Desert Relief v. United States, 917 F.3d 1170 (10th Cir. 2019) - Click to hear oral argument
Overruling previous case law that and holding that full rather than abbreviated summary judgment standards apply to federal tax summons proceedings
Alpenglow Botanicals v. United States, 894 F.3d 1187 (10th Cir. 2018) - Click to hear oral argument
In response to Thorburn Walker's arguments, the Tenth Circuit Court of Appeals determined that costs of goods sold is a constitutionally mandated exclusion from business income for which Congress cannot interfere.
Green Solution Retail, Inc. v. United States, 855 F.3d (10th Cir. 2017) - Oral argument not available
Arguing whether the IRS has the authority to administratively determine that a taxpayer has trafficked in a controlled substance, without a previous conviction.
Standing Akimbo, Ltd. Liabl. Co. v United States, 955 F.3d 1146 (10th Cir. 2020) - Click to hear oral argument
Addressing the question of whether state expressly legal marijuana laws are preempted by the federal Controlled Substances Act, as well as whether 26 U.S.C. §280E violates the Sixteenth Amendment to the Constitution by taxing more than constitutional income.