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February, 2018

Suit Challenging Maryland’s Refusal to Use Racial Preferences in Licensing Has Been Settled

Feb. 28, 2018—When Maryland’s legislature passed a medical marijuana law in spring 2013, it instructed state regulators to consider race in awarding a limited number of licenses to cultivate and distribute marijuana (see page 454 n.1 of the book). In 2015, however, the state’s licensing commission abandoned those preferences, apparently due to concerns that racial preferences might...

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The Corporate Tax Cut Might Have Done More for Marijuana Suppliers than Repealing Section 280E Would Have

Feb. 16, 2018—As most readers will know, state licensed marijuana businesses pay a comparatively high effective federal tax rate, because a special provision of the federal tax code (section 280E) bars them from deducting all but their cost of goods sold (COGS) when calculating their federal tax liability. In other words, these businesses may not deduct their...

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Cases to Watch: Minnesota Prosecuting Two Employees of State-Licensed Medical Marijuana Supplier

Feb. 15, 2018—Since it legalized medical marijuana back in 2014, Minnesota has licensed two firms to supply the drug to qualifying patients: Leafline and Minnesota Medical Solutions (MMS). MMS is owned by Vireo Health, which also owns a firm licensed by the state of New York to supply medical marijuana to that state’s qualifying patients: Vireo Health...

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Marijuana and the Opioid Crisis

Feb. 8, 2018—[Updated 2/19 to add further discussion of Powell et al. study.] The nation’s opioid crisis has sparked a lively debate about the relationship between marijuana and the use of harder drugs like opioid painkillers. Richard Friedman is the latest to weigh in on this debate. In a New York Times op-ed posted February 8, Marijuana...

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Cases to Watch: California Growers Association vs. California Department of Food and Agriculture

Feb. 3, 2018—UPDATE (2/20/20): The California Grower’s Association voluntarily dropped its lawsuit back in January of 2019. See Scott Rodd, Growers association drops lawsuit against state over permitting large-scale cannabis cultivators, Sacramento Business Journal. However, the issues discussed below remain relevant as states ponder whether / how to regulate the structure of the licensed marijuana industry. An association of...

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