One of the most frustrating issues facing the US’s burgeoning cannabis industry has been the inequitable tax treatment that cannabis businesses face as compared to other industries. The IRS’s guidance for one section of the tax code – Section 280E – has particularly frustrated the cannabis industry. Section 280E generally bars businesses “trafficking” in controlled...

By Daniel E. Burgoyne, Christian R. Jenner or Christopher M. Wildenhain In a recent decision, the U.S. Supreme Court gave a narrow win to creditors in a dispute over the proper interpretation of the automatic stay provisions in the Bankruptcy Code, ruling that creditors may passively retain a debtor’s property after the debtor files for bankruptcy. The decision...

The U.S. Department of Agriculture (USDA) on January 19, 2021 published its finalized federal regulations governing the cultivation of hemp. This comes two years after the crop was legalized at the federal level through the 2018 Farm Bill, which required USDA to develop rules for an industrial hemp program. Since then, USDA has released various...

By John Ottaviani Businesses often overlook protecting one of their most valuable assets, their trademarks. It is important for a business owner to know what a trademark is, why it is valuable, and why the business should seek registration for its most valuable trademarks. Among other things, a trademark registration makes it easier for a...

Last month, the Massachusetts Cannabis Control Commission (CCC) approved the creation of two types of delivery licenses for adult-use marijuana: delivery operator and courier. The licenses will initially be available only to social equity program participants and to economic empowerment applicants. The CCC’s new rules create two types of delivery licenses. A “marijuana delivery operator”...

On December 21, 2020, Congress passed an approximately $900 billion coronavirus relief bill, which, if signed into law, would extend certain unemployment insurance (UI) provisions found in the CARES Act that was passed in March. A portion of the new bill labeled the “Continued Assistance for Unemployed Workers Act of 2020” would extend the following...

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