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Legal News

Tuesday, March 3, 2015

Tribes Considering Cashing In on Marijuana Legalization.

On February 28, 2015, some 75 tribes participated in a conference regarding participation in the new regulated marijuana industry.  Read the article here.

Tuesday, February 24, 2015

Maryland Considers Legalizing Marijuana

Maybe the third try will be the charm in Maryland, where 53% of residents favor legalization.
Read more . . .


Tuesday, February 24, 2015

Washington Post reports on Day 1 for Legal Marijuan in Alaska.

The Washington Post reports on the first day of "legal" marijuana in the State of Alaska and how it compares to regulations in other states.  Read the article here.

Monday, February 23, 2015

Two Federal Bills Introduced For Legalizing and Taxing Marijuana.

The following information comes from the website for Rep. Polis:

Today, Representatives Jared Polis (D-CO) and Earl Blumenauer (D-OR)  introduced two bills that together would legalize and tax marijuana at the federal level. Representative Polis’s legislation, H.R. 1013, the Regulate Marijuana Like Alcohol Act, removes marijuana from the schedule set by the Controlled Substances Act; transitions marijuana oversight from the jurisdiction of the Drug Enforcement Agency to the Bureau of Alcohol, Tobacco, Firearms and Explosives; and regulates marijuana like alcohol by inserting into the section of the U.S. Code governing “intoxicating liquors.” Representative Blumenauer’s legislation, H.R. 1014, the Marijuana Tax Revenue Act of 2015, creates a federal excise tax on non-medical marijuana sales and moves this quickly growing industry out of the shadows. 

Here is the rest of the post.


Monday, February 23, 2015

Two New Cases in Colorado Challenge Marijuana Enterprise.

Two new cases were filed in U.S. District Court in Colorado using the Racketeer Influenced and Corrupt Organizations Act (RICO) to attack legalized marijuana and persons involved in marijuana enterprises.  Safe Streets Alliance et al v. Medical Marijuana of the Rockies was filed on February 19, 2015 (15-CV-350). In this case a Holiday Inn owner is seeking treble damages and injunctive relief against a proposed retail outlet for marijuana approximately 75 yards from the entrance to the hotel, arguing that it is illegal and harming them financially.  The Defendants were essentially anyone associated with the enterprise.

The second case, also filed by Safe Streets Alliance, names the business and its owners, as well as, the Governor of Colorado, the heads of the Department of Revenue and the Colorado Marijuana Enforcement Division, the County Commission, and the County Licensing Board.  The suit follows the same arguments as the prior case, but pursues the key government officials as well.  Safe Streets Alliance v. Alternative Holistic Healing, LLC et al (2015 WL 713965). 

In this post-prohibition era, we can expect more of the same.




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