• The fight for Measure 3 is heating up in North Dakota
    With less than three weeks until Election Day, efforts to pass Measure 3, which would legalize marijuana for adults in North Dakota, are ramping up. While opponents rely on the standard prohibitionist fear tactics, the Yes on 3 team is sharing a positive message of personal freedom and criminal justice reform with their neighbors across the state. Please contribute here to help them reach and educate more voters. And if you live in North Dakota, commit to voting for Measure 3 and encourage friends, colleagues, and neighbors to do the same. In a sign of growing support, state Republican legislative leaders Rep. Rick Becker and Rep. Luke Simons recently made public statements in favor of the legalization initiative. Legendary travel host and anti-prohibition activist Rick Steves also visited the state to tout the benefits of legalizing marijuana, which he’s seen in his home state of Washington. Thanks to the tireless efforts of volunteer advocates, North Dakota could become the next state to legalize marijuana for adults. Please donate to the campaign and give the Yes on 3 team the help they need to fight back against their opponents’ anti-marijuana propaganda. And follow the campaign by liking their Facebook page. With our help, they can win this. The post The fight for Measure 3 is heating up in North Dakota appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-17
  • Defunct Neo-Nazi Cannabis Lab Owner Sues 10 Anonymous Antifa Activists
    Suit filed in San Francisco and subpoena served on Weebly web-hosting service. A lawsuit was filed on September 5th in The post Defunct Neo-Nazi Cannabis Lab Owner Sues 10 Anonymous Antifa Activists appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-10-17
  • Sales blitz and speedbumps for Ontario Cannabis Store’s e-commerce site
    The Ontario Cannabis Store, the government-sponsored online cannabis retailer – and, for now, the only Ontario outlet selling marijuana in Canada’s most-populated province – is experiencing a blitz of business but also some glitches. The Ontario Cannabis Store has registered 38,000 sales since going live at midnight local time, said Ontario Premier Doug Ford, according […] Sales blitz and speedbumps for Ontario Cannabis Store’s e-commerce site is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-17
  • Behind the Cover: Photos from Marijuana Business Magazine’s October 2018 Issue
    In this month's issue of Marijuana Business Magazine, we cover concentrate questions in Extraction Smackdown, speak on holiday branding, THC versus CBD ... Behind the Cover: Photos from Marijuana Business Magazine’s October 2018 Issue is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-17
  • Canada embarks on legal marijuana: What we’re watching
    Canada opened its doors to recreational marijuana Wednesday, becoming the first Group of Seven industrial nation to legalize recreational marijuana at the federal level. While few brick-and-mortar stores were actually operational, the launch marks the start of what will eventually become a multibillion-dollar industry. Across Canada, only about 100 physical stores were expected to begin […] Canada embarks on legal marijuana: What we’re watching is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-17
  • Vermont general election voter guide published
    Early voting is already underway for the Vermont general election, which is scheduled for Tuesday, November 6. Before you vote, please check out our legislative voter guide to learn where candidates for state representative and state senator stand on marijuana policy. Then, please read our guide on the candidates for governor and lieutenant governor. This year, we sent candidates a survey consisting of only one question: “Do you support regulating and taxing the production and sale of cannabis in Vermont for use by adults 21 and older?” Our voter guides include responses from candidates for state representative, state senator, and governor, in addition to public statements and incumbent legislators’ votes on the legalization bill. If a candidate in your district has not responded to the survey, we encourage you to reach out to them directly and ask their position! For information on where and how to vote in Vermont, click here. Again, please take time to read our voter guide for state legislative races and our gubernatorial voter guide before you vote in the November 6 general election. Please share the voter guides with your family and friends! The post Vermont general election voter guide published appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-16
  • US cannabis firm places Wall Street Journal ad to appeal to Trump
    Readers of the Wall Street Journal were greeted Tuesday morning by a full-page advertisement calling on President Donald Trump to lift federal marijuana bans, as U.S. cannabis firms seek to capitalize on Canada’s recreational launch. “We want to get cannabis into the national narrative because this industry presents the biggest economic opportunity our generation will […] US cannabis firm places Wall Street Journal ad to appeal to Trump is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-16
  • South Carolina: November 6 is General Election Day!
    South Carolina’s general election, set for Tuesday, November 6, is just 21 days away. The governor’s race and every House of Representatives seat is on the ballot. This is a particularly important election as lawmakers are expected to vote on a medical cannabis bill in 2019, and it will likely need the support of the governor. Those in office will have a huge impact on the future of South Carolina’s patients and their treatment options. Our voter guide is now available online. It includes all House candidates who either co-sponsored the 2018 medical cannabis bill or who responded to our questionnaire on medical cannabis support. It also includes committee votes and the candidates for governor. While James Smith (D) is a strong supporter of allowing medical cannabis, Gov. Henry McMaster (R) said he would not sign a bill unless law enforcement signs off — which they show no inclination of doing. Voters’ choices this year will have a huge impact on the future of cannabis policy in the state. If you are registered to vote, know where your candidates stand, and be sure to vote! If you haven’t registered to vote yet, you have until October 17. For more information, including polling places and other key information, check out the state’s elections website here.   The post South Carolina: November 6 is General Election Day! appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-16
  • The Illinois general election is around the corner
    The Illinois general election takes place on November 6. It’s fast approaching, and voters this year will have a huge impact on the future of cannabis policy in Illinois. Lawmakers continue to look closely at ending marijuana prohibition and legalizing cannabis for adults 21 and over, and the differences between the two major party candidates for governor couldn’t be bigger on this issue: JB Pritzker (D) has come out in strong support of legalizing and regulating marijuana, while Gov. Bruce Rauner (R) remains opposed. Take a minute to check out our Illinois Voter Guide and see where the candidates on your ballot stand on cannabis reform. Not all the candidates have a voting history on cannabis bills in the state House or Senate, but for those that do, we’ve summarized the voting record on key cannabis-related bills over the past several years. If you haven’t registered to vote yet, you have until October 21 to register online. For more information, including where you can cast your ballot and when voting locations will be open, check out the state’s website here. In nearby Michigan, voters will have an opportunity to legalize marijuana themselves. But in Illinois, there’s no citizen initiative process, so only lawmakers can end the wasteful and cruel policy of prohibition. This year’s elections will likely have a huge impact on the future of cannabis policy in Illinois. Now is the time for voters who support a better path for Illinois to make their voice heard.   The post The Illinois general election is around the corner appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-16
  • Montana regulators set rules on medical marijuana cultivation space
    Montana regulators have set the maximum amount of space that medical cannabis providers are allotted per patient at 30 square feet, causing overproduction concerns among licensed marijuana companies. The state health department set the amount for square footage for each registered patient while finalizing rules for the medical marijuana program earlier this month, the Billings Gazette […] Montana regulators set rules on medical marijuana cultivation space is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-16
  • Full financial effect of Canada’s recreational marijuana ‘soft launch’ may be years away
    When Canada becomes the first Group of Seven country to legalize recreational cannabis on Wednesday, market observers say it will amount to a “soft launch,” with the full financial effect of this multibillion-dollar industry still years from being realized. The early months will be marked by a small number of stores, limited product selection and […] Full financial effect of Canada’s recreational marijuana ‘soft launch’ may be years away is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-16
  • ‘Shortage’ of marijuana seeds may delay legal Canadian home grows
    The vast majority of Canadian consumers who had hoped to start legally growing their own cannabis for recreational use as early as Wednesday will be out of luck. Wholesalers in the country’s two largest cannabis markets – Ontario and British Columbia – confirmed to Marijuana Business Daily that they will not have recreational marijuana seeds or […] ‘Shortage’ of marijuana seeds may delay legal Canadian home grows is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-16
  • Cannabis Tax Crimes: Don’t Even Think About It
    Today let’s talk about Matthew Price, the Oregon marijuana businessman headed to jail for tax crimes. This story got a lot of coverage when it broke last month, partly because it was the first known tax-related prosecution for a licensed pot business owner, and partly because Price was fairly well known in Oregon. He once sat on an Oregon Liquor Control Commission (OLCC) rules advisory committee for cannabis retail, and he owned three dispensaries. Seems like he was off to a pretty good start. Well, not any longer. In addition to the seven-month lockup, Price was ordered to pay the I.R.S. $262,776 in restitution on the nearly $1 million in taxable income he raked in from 2011 to 2014. He will probably never be allowed to participate in the OLCC program again, given the agency’s recent tightening of the screws, and its authority to bar anyone with a federal conviction “substantially related to the fitness and ability of the applicant” to obtain a license. Generally speaking, marijuana businesses are liable for lots of tax under IRC 280E. As cannabis business lawyers, we work with CPAs and others to attempt to mitigate our clients’ tax liability, but at the end of the day, that liability is always there. Tax obligations do not end at the federal level, of course: Most states have income tax programs, and all states with legal cannabis programs seem to collect additional taxes on the sale of marijuana. In Oregon, for example, that sales tax must be escrowed by OLCC retailers and paid to the state Department of Revenue. As to Matthew Price, the news reporting was silent on whether he was also shirking those payments. Having advised state-legal cannabis businesses since 2010, we have seen a lot of monkey business when it comes to tax. We have seen bad lawyers advise clients not to pay taxes, on the theory that tax programs violate business owners’ rights against self-incrimination. We have seen businesses attempt to claim “non-profit” status and avoid taxes in that manner, despite the impossibility of receiving an I.R.S. exemption. And we’ve seen lots of “management company” schemes, most of which are nonsense. At the end of the day, to paraphrase Benjamin Franklin, death and taxes are certain. Interestingly and appropriately, the judge in this case didn’t seem to treat Price differently because his income derived from cannabis sales. It was reported that federal prosecutors petitioned the judge to go hard on Price, in order to send a message to the marijuana industry. The judge ... read more
    Source: Canna Law Blog – OregonPublished on 2018-10-15
  • Paying Cannabis Employees Equally Under the Oregon Equal Pay Act: Part 1
    Back in 2017, the Oregon legislature passed equal pay legislation prohibiting employers from asking applicants about compensation history. The law is known as the Equal Pay Act. This law, like other employment laws, applies to cannabis businesses. The equal pay provision of the law goes into effect on January 1, 2019. Oregon Bureau of Labor and Industries (BOLI) was tasked with drafting rules implementing the Equal Pay Act and recently released draft rules. This series of posts will unpack the new rules and explain the impacts on your cannabis business. The Equal Pay Act prohibits employers from paying disparate compensation for work of a comparable character. The Equal Pay Act defines compensation as “wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.” What this means is each of these taken in total is an employee’s compensation. The proposed BOLI rules provide clarification to each of the words that make up “compensation.” BOLI defines benefits as: “the rate of contribution that an employee makes irrevocably to a trustee or to a third person under a plan, fund or program; or the rate of costs to the employer in providing benefits to an employee beyond what is required by federal, state or local law pursuant to an enforceable commitment to carry out a financially responsible plan or program which is committed to the employee affected including but not limited to the following: medical or hospital care; pensions on retirement or death; compensation for injuries or illness resulting from occupational activity; insurance to provide any of [the above]; unemployment benefits; life insurance; disability insurance; sick leave pay; accident insurance; vacation or holiday pay; or defraying costs of other bona fide fringe benefits.” But what does this long-winded definition actually mean? As an example, if you have two extraction technicians that perform substantially the same work, you need to provide them the same benefits, otherwise you will be in violation of the equal pay laws. If you provide one health insurance, you need to provide the other the same level of health insurance. Etc. Bonus, similarly has been given a long definition. Bonus is defined as: “an amount that is paid or something of monetary or quantifiable value that is given to an employee by an employer in addition to the employee’s regular rate of pay, typically as a means of encouragement or in recognition of superior performance. Bonuses include but are not limited to the following: signing or job acceptance bonuses; attendance bonuses; loyalty bonuses; performance bonuses; and productivity bonuses.” Again, if ... read more
    Source: Canna Law Blog – OregonPublished on 2018-10-14
  • Oct. 17: You’re invited to a special event for Michigan’s YES on 1 campaign!
    Proposal 1, the Michigan legalization ballot initiative, is up in the polls, but it’s still too close for comfort. The opposition campaign is just a couple of big checks away from being able to launch a large misinformation campaign. We’re in the final weeks of the election, and we need to make sure the Yes on 1 campaign has the resources it needs to educate voters about the benefits of legalizing marijuana. Next week, I hope you’ll join me in Ann Arbor for a special evening to support this important campaign. RSVP via phone (517-974-2265) or email (robin@regulatemi.org). If you can’t attend, please consider making a contribution directly to the campaign here. And please share the word with other supporters. Let’s win this! The post Oct. 17: You’re invited to a special event for Michigan’s YES on 1 campaign! appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-12
 
  • The fight for Measure 3 is heating up in North Dakota
    With less than three weeks until Election Day, efforts to pass Measure 3, which would legalize marijuana for adults in North Dakota, are ramping up. While opponents rely on the standard prohibitionist fear tactics, the Yes on 3 team is sharing a positive message of personal freedom and criminal justice reform with their neighbors across the state. Please contribute here to help them reach and educate more voters. And if you live in North Dakota, commit to voting for Measure 3 and encourage friends, colleagues, and neighbors to do the same. In a sign of growing support, state Republican legislative leaders Rep. Rick Becker and Rep. Luke Simons recently made public statements in favor of the legalization initiative. Legendary travel host and anti-prohibition activist Rick Steves also visited the state to tout the benefits of legalizing marijuana, which he’s seen in his home state of Washington. Thanks to the tireless efforts of volunteer advocates, North Dakota could become the next state to legalize marijuana for adults. Please donate to the campaign and give the Yes on 3 team the help they need to fight back against their opponents’ anti-marijuana propaganda. And follow the campaign by liking their Facebook page. With our help, they can win this. The post The fight for Measure 3 is heating up in North Dakota appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-17
  • Defunct Neo-Nazi Cannabis Lab Owner Sues 10 Anonymous Antifa Activists
    Suit filed in San Francisco and subpoena served on Weebly web-hosting service. A lawsuit was filed on September 5th in The post Defunct Neo-Nazi Cannabis Lab Owner Sues 10 Anonymous Antifa Activists appeared first on Oregon Cannabis Connection. ... read more
    Source: Oregon Cannabis ConnectionPublished on 2018-10-17
  • Sales blitz and speedbumps for Ontario Cannabis Store’s e-commerce site
    The Ontario Cannabis Store, the government-sponsored online cannabis retailer – and, for now, the only Ontario outlet selling marijuana in Canada’s most-populated province – is experiencing a blitz of business but also some glitches. The Ontario Cannabis Store has registered 38,000 sales since going live at midnight local time, said Ontario Premier Doug Ford, according […] Sales blitz and speedbumps for Ontario Cannabis Store’s e-commerce site is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-17
  • Behind the Cover: Photos from Marijuana Business Magazine’s October 2018 Issue
    In this month's issue of Marijuana Business Magazine, we cover concentrate questions in Extraction Smackdown, speak on holiday branding, THC versus CBD ... Behind the Cover: Photos from Marijuana Business Magazine’s October 2018 Issue is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-17
  • Canada embarks on legal marijuana: What we’re watching
    Canada opened its doors to recreational marijuana Wednesday, becoming the first Group of Seven industrial nation to legalize recreational marijuana at the federal level. While few brick-and-mortar stores were actually operational, the launch marks the start of what will eventually become a multibillion-dollar industry. Across Canada, only about 100 physical stores were expected to begin […] Canada embarks on legal marijuana: What we’re watching is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-17
  • Vermont general election voter guide published
    Early voting is already underway for the Vermont general election, which is scheduled for Tuesday, November 6. Before you vote, please check out our legislative voter guide to learn where candidates for state representative and state senator stand on marijuana policy. Then, please read our guide on the candidates for governor and lieutenant governor. This year, we sent candidates a survey consisting of only one question: “Do you support regulating and taxing the production and sale of cannabis in Vermont for use by adults 21 and older?” Our voter guides include responses from candidates for state representative, state senator, and governor, in addition to public statements and incumbent legislators’ votes on the legalization bill. If a candidate in your district has not responded to the survey, we encourage you to reach out to them directly and ask their position! For information on where and how to vote in Vermont, click here. Again, please take time to read our voter guide for state legislative races and our gubernatorial voter guide before you vote in the November 6 general election. Please share the voter guides with your family and friends! The post Vermont general election voter guide published appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-16
  • US cannabis firm places Wall Street Journal ad to appeal to Trump
    Readers of the Wall Street Journal were greeted Tuesday morning by a full-page advertisement calling on President Donald Trump to lift federal marijuana bans, as U.S. cannabis firms seek to capitalize on Canada’s recreational launch. “We want to get cannabis into the national narrative because this industry presents the biggest economic opportunity our generation will […] US cannabis firm places Wall Street Journal ad to appeal to Trump is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-16
  • South Carolina: November 6 is General Election Day!
    South Carolina’s general election, set for Tuesday, November 6, is just 21 days away. The governor’s race and every House of Representatives seat is on the ballot. This is a particularly important election as lawmakers are expected to vote on a medical cannabis bill in 2019, and it will likely need the support of the governor. Those in office will have a huge impact on the future of South Carolina’s patients and their treatment options. Our voter guide is now available online. It includes all House candidates who either co-sponsored the 2018 medical cannabis bill or who responded to our questionnaire on medical cannabis support. It also includes committee votes and the candidates for governor. While James Smith (D) is a strong supporter of allowing medical cannabis, Gov. Henry McMaster (R) said he would not sign a bill unless law enforcement signs off — which they show no inclination of doing. Voters’ choices this year will have a huge impact on the future of cannabis policy in the state. If you are registered to vote, know where your candidates stand, and be sure to vote! If you haven’t registered to vote yet, you have until October 17. For more information, including polling places and other key information, check out the state’s elections website here.   The post South Carolina: November 6 is General Election Day! appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-16
  • The Illinois general election is around the corner
    The Illinois general election takes place on November 6. It’s fast approaching, and voters this year will have a huge impact on the future of cannabis policy in Illinois. Lawmakers continue to look closely at ending marijuana prohibition and legalizing cannabis for adults 21 and over, and the differences between the two major party candidates for governor couldn’t be bigger on this issue: JB Pritzker (D) has come out in strong support of legalizing and regulating marijuana, while Gov. Bruce Rauner (R) remains opposed. Take a minute to check out our Illinois Voter Guide and see where the candidates on your ballot stand on cannabis reform. Not all the candidates have a voting history on cannabis bills in the state House or Senate, but for those that do, we’ve summarized the voting record on key cannabis-related bills over the past several years. If you haven’t registered to vote yet, you have until October 21 to register online. For more information, including where you can cast your ballot and when voting locations will be open, check out the state’s website here. In nearby Michigan, voters will have an opportunity to legalize marijuana themselves. But in Illinois, there’s no citizen initiative process, so only lawmakers can end the wasteful and cruel policy of prohibition. This year’s elections will likely have a huge impact on the future of cannabis policy in Illinois. Now is the time for voters who support a better path for Illinois to make their voice heard.   The post The Illinois general election is around the corner appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-16
  • Montana regulators set rules on medical marijuana cultivation space
    Montana regulators have set the maximum amount of space that medical cannabis providers are allotted per patient at 30 square feet, causing overproduction concerns among licensed marijuana companies. The state health department set the amount for square footage for each registered patient while finalizing rules for the medical marijuana program earlier this month, the Billings Gazette […] Montana regulators set rules on medical marijuana cultivation space is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-16
  • Full financial effect of Canada’s recreational marijuana ‘soft launch’ may be years away
    When Canada becomes the first Group of Seven country to legalize recreational cannabis on Wednesday, market observers say it will amount to a “soft launch,” with the full financial effect of this multibillion-dollar industry still years from being realized. The early months will be marked by a small number of stores, limited product selection and […] Full financial effect of Canada’s recreational marijuana ‘soft launch’ may be years away is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-16
  • ‘Shortage’ of marijuana seeds may delay legal Canadian home grows
    The vast majority of Canadian consumers who had hoped to start legally growing their own cannabis for recreational use as early as Wednesday will be out of luck. Wholesalers in the country’s two largest cannabis markets – Ontario and British Columbia – confirmed to Marijuana Business Daily that they will not have recreational marijuana seeds or […] ‘Shortage’ of marijuana seeds may delay legal Canadian home grows is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs ... read more
    Source: MMJ Business DailyPublished on 2018-10-16
  • Cannabis Tax Crimes: Don’t Even Think About It
    Today let’s talk about Matthew Price, the Oregon marijuana businessman headed to jail for tax crimes. This story got a lot of coverage when it broke last month, partly because it was the first known tax-related prosecution for a licensed pot business owner, and partly because Price was fairly well known in Oregon. He once sat on an Oregon Liquor Control Commission (OLCC) rules advisory committee for cannabis retail, and he owned three dispensaries. Seems like he was off to a pretty good start. Well, not any longer. In addition to the seven-month lockup, Price was ordered to pay the I.R.S. $262,776 in restitution on the nearly $1 million in taxable income he raked in from 2011 to 2014. He will probably never be allowed to participate in the OLCC program again, given the agency’s recent tightening of the screws, and its authority to bar anyone with a federal conviction “substantially related to the fitness and ability of the applicant” to obtain a license. Generally speaking, marijuana businesses are liable for lots of tax under IRC 280E. As cannabis business lawyers, we work with CPAs and others to attempt to mitigate our clients’ tax liability, but at the end of the day, that liability is always there. Tax obligations do not end at the federal level, of course: Most states have income tax programs, and all states with legal cannabis programs seem to collect additional taxes on the sale of marijuana. In Oregon, for example, that sales tax must be escrowed by OLCC retailers and paid to the state Department of Revenue. As to Matthew Price, the news reporting was silent on whether he was also shirking those payments. Having advised state-legal cannabis businesses since 2010, we have seen a lot of monkey business when it comes to tax. We have seen bad lawyers advise clients not to pay taxes, on the theory that tax programs violate business owners’ rights against self-incrimination. We have seen businesses attempt to claim “non-profit” status and avoid taxes in that manner, despite the impossibility of receiving an I.R.S. exemption. And we’ve seen lots of “management company” schemes, most of which are nonsense. At the end of the day, to paraphrase Benjamin Franklin, death and taxes are certain. Interestingly and appropriately, the judge in this case didn’t seem to treat Price differently because his income derived from cannabis sales. It was reported that federal prosecutors petitioned the judge to go hard on Price, in order to send a message to the marijuana industry. The judge ... read more
    Source: Canna Law Blog – OregonPublished on 2018-10-15
  • Paying Cannabis Employees Equally Under the Oregon Equal Pay Act: Part 1
    Back in 2017, the Oregon legislature passed equal pay legislation prohibiting employers from asking applicants about compensation history. The law is known as the Equal Pay Act. This law, like other employment laws, applies to cannabis businesses. The equal pay provision of the law goes into effect on January 1, 2019. Oregon Bureau of Labor and Industries (BOLI) was tasked with drafting rules implementing the Equal Pay Act and recently released draft rules. This series of posts will unpack the new rules and explain the impacts on your cannabis business. The Equal Pay Act prohibits employers from paying disparate compensation for work of a comparable character. The Equal Pay Act defines compensation as “wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.” What this means is each of these taken in total is an employee’s compensation. The proposed BOLI rules provide clarification to each of the words that make up “compensation.” BOLI defines benefits as: “the rate of contribution that an employee makes irrevocably to a trustee or to a third person under a plan, fund or program; or the rate of costs to the employer in providing benefits to an employee beyond what is required by federal, state or local law pursuant to an enforceable commitment to carry out a financially responsible plan or program which is committed to the employee affected including but not limited to the following: medical or hospital care; pensions on retirement or death; compensation for injuries or illness resulting from occupational activity; insurance to provide any of [the above]; unemployment benefits; life insurance; disability insurance; sick leave pay; accident insurance; vacation or holiday pay; or defraying costs of other bona fide fringe benefits.” But what does this long-winded definition actually mean? As an example, if you have two extraction technicians that perform substantially the same work, you need to provide them the same benefits, otherwise you will be in violation of the equal pay laws. If you provide one health insurance, you need to provide the other the same level of health insurance. Etc. Bonus, similarly has been given a long definition. Bonus is defined as: “an amount that is paid or something of monetary or quantifiable value that is given to an employee by an employer in addition to the employee’s regular rate of pay, typically as a means of encouragement or in recognition of superior performance. Bonuses include but are not limited to the following: signing or job acceptance bonuses; attendance bonuses; loyalty bonuses; performance bonuses; and productivity bonuses.” Again, if ... read more
    Source: Canna Law Blog – OregonPublished on 2018-10-14
  • Oct. 17: You’re invited to a special event for Michigan’s YES on 1 campaign!
    Proposal 1, the Michigan legalization ballot initiative, is up in the polls, but it’s still too close for comfort. The opposition campaign is just a couple of big checks away from being able to launch a large misinformation campaign. We’re in the final weeks of the election, and we need to make sure the Yes on 1 campaign has the resources it needs to educate voters about the benefits of legalizing marijuana. Next week, I hope you’ll join me in Ann Arbor for a special evening to support this important campaign. RSVP via phone (517-974-2265) or email (robin@regulatemi.org). If you can’t attend, please consider making a contribution directly to the campaign here. And please share the word with other supporters. Let’s win this! The post Oct. 17: You’re invited to a special event for Michigan’s YES on 1 campaign! appeared first on MPP Blog. ... read more
    Source: Marijuana Policy ProjectPublished on 2018-10-12