WE ARE ONE STEP CLOSER TO THE SUPREME COURT

James Thorburn James Thorburn
Posted at 12/8/2020

On November 6th, we filed a petition with the Supreme Court to hear whether expressly state legal cannabis violates the CSA and whether Section 280E is unconstitutional.  A very important second step is for the Government (through the Solicitor General) to respond to the Petition. The Justices never grant a petition without a response.  Most of the time the Solicitor General "waives" response - which is code to the Justices that there's "nothing to see here, move on".    To get a government response to a Petition is exceptional.  Thus, it is an important second step.  Without it, we lose.  

Today, Acting Solicitor General, Jeffery B. Wall, filed with the Supreme Court a request asking for an additional thirty days to file his response to the Standing Akimbo Petition.  The importance of this motion is that the Government states it intends to file a response.   You can see the request here.  https://www.supremecourt.gov/DocketPDF/20/20-645/162996/20201208113820061_Extension%20Letter%2020-645.pdf  I feel confident that we are accomplishing this second step.  

Jim Thorburn

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Categories:
Tags:
  • 280E
  • supreme court
  • supremacy
  • csa
  • constitutional
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Does State Legal Cannabis Violate Federal Law? The Supreme Court Needs to Weigh In!

James Thorburn James Thorburn
Posted at 11/11/2020

We are continuing the fight to determine once and for all whether state legal cannabis is a federal crime.

https://www.weedweek.net/stories/colo-dispensary-takes-tax-fight/ 

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David Feldman: Dealmaker Turned Weed Lawyer

Janet Who's Who Support Janet Who's Who Support
Posted at 11/2/2020

An interview with David Feldman, Partner at Hiller PC and CEO of Skip Intro Advisors. 

First of all, how are you and your family doing in these COVID-19 times?

It has been a difficult time for sure, my fiancé and I are used to extensive business travel, speaking at conferences, and business development focused on in person meetings. It has required a rethink of the marketing approach, much more online and on the phone, as we wait for the return to whatever the new normal will ultimately be. That said, it’s been great to have the time together. My son is a Broadway star and luckily finished his one year run a few weeks before the shows shut down, but again a stressful time for us all.

Tell us about you, your career, how you first found work in the cannabis industry.

How much time do you have? Lol… Seriously, I’m a Wharton grad, former chair of the school’s worldwide alumni association, went to law school at Penn as well. I spent 7 years at giant law firms then had my own firms for almost 20 years, and we were the #1 firm in the country in the world of “private investments in public equity” (or PIPEs) for seven of those years. I u...more

Categories: Consulting  |  Hemp  |  Lawyers & Legal Services
Tags:
  • cannabis lawyer
  • Skip Intro Advisors
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Colorado Governor signs Full and Unconditional Pardon for Individuals Convicted of Possession of One Ounce or Less of Marijuana

Janet Who's Who Support Janet Who's Who Support
Posted at 10/9/2020

This deserves special attention! For the individuals pardoned in this Executive Order, all rights of citizenship associated with the pardoned conviction are restored in full without condition. All civil disabilities and public sufferings associated with the pardoned conviction are removed. 

 

 

https://www.colorado.gov/governor/sites/default/files/inline-files/C%202020%20004%20Marijuana%20Pardons%2010.1.20.pdf 

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Categories: Advocacy or Non-Profit
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Tenth Circuit Rules that State Legal Marijuana Violates Federal Law

James Thorburn James Thorburn
Posted at 4/7/2020

Dear Clients and Colleagues:


Today the Tenth Circuit Court of Appeals issued its published decision in Standing Akimbo v. United States. The decision is located here.


It is a 39-page decision. There is a lot of complexity but it is generally unfavorable to the marijuana industry and the Colorado laws and constitution supporting marijuana. Here are some bullet points from the decision:

  • The State of Colorado is bound by this decision. While the State of Colorado, did not answer or defend, the Tenth Circuit Determined that the State was nevertheless a party sufficient to be bound by this decision. 

  • While the Tenth Circuit stopped short of actually declaring the Colorado laws invalid under preemption, it made clear that Colorado was violating federal law. The Court stated:  “[T]he CSA reigns supreme. . . The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. . .  [S]tate legalization of marijuana cannot overcome federal law. . . So, despite legally operating under Colorado law . . .” such persons are conducting “unlawful activities” under federal law.

  • The Tenth Circuit reaffirmed its posit

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Tags:
  • colorado cannabis
  • Thorburn Walker
  • Standing Akimbo
  • Colorado Cannabis Law
  • 280E
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Colorado Stay at Home Restrictions for Medical and Retail Marijuana Dispensaries

James Thorburn James Thorburn
Posted at 4/7/2020

Dear Community, 
 
We hope this message finds you and your family safe and well. These past few weeks have presented unprecedented challenges to all of us. 
 
We have prepared a brief operational guideline, below, for Colorado medical and retail marijuana dispensaries. We realize it may be difficult to navigate the various orders that have been issued and want to provide some guidance.


The current stay at home order in effect in Colorado is the Third Updated Public Health Order 20-24, Implementing Stay at Home Requirements, dated April 1, 2020. You can find the order here .Boulder County, Jefferson County, Arapahoe County, Adams County, and Douglas County have each formally rescinded their local level stay at home orders and adopted the state’s order. See the announcement here .


Similarly, the City of Denver amended the Denver Stay at Home Order to adopt the State of Colorado’s CDPHE Stay at Home Order. All subsequent State of Colorado Stay at Home Orders are automatically adopted by the City of Denver. It is unlawful to violate the stay at home order, and any person who fails to comply with Denver’s Order may also be subject to a civil penalty of up to $999.00. See...more

Categories:
Tags:
  • Thorburn Walker
  • stay at home order
  • colorado
  • marijuana
  • retail marijuana
  • medical marijuana
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Tagua Seed Pipes Vs Glass Pipes

YADIRA SILVA YADIRA SILVA
Posted at 2/24/2020

Gorgeous "100% Vegetable Ivory" pipes hand carved from a whole dried Tagua seed. These have a "full rind" finish, so the exterior rind or peel of the seed is left intact in its original brown color, and then they are hand polished to become smooth. BIODEGRADABLE.

 

PLASTIC smoking PIPES and the extent of environmental damage and pollution it causes

You and I can help reduce the negative impact of plastic pipes by using more Tagua Coconut Seed Pipes.

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HBK’s Odille to Address Cannabis Industry Concerns as “Cannavest” Panelist

HBK CPAs & Consultants
Posted at 2/17/2020

February 17, 2020 … Youngstown, Oh. — Nicholas R. Odille, CPA, MBA, will address some of Cannabis industry owners’ and operators’ most pressing concerns as a panelist on “Navigating the Legal, Regulatory & Compliance Maze” at the Cannavest Conference, February 20, at the Hynes Convention Center in Boston. Nick joins four other industry leaders and moderator Lloyd Pierre-Louis of Dickinson Wright for the opening session of the National Cannabis Industry Association conference’s second day. 

Nick is a Principal in the Youngstown, Ohio, office of HBK CPAs & Consultants and Director of the firm's Cannabis Industry Group (CIG). He specializes in financial consulting and services to business owners and operators in the cannabis, industrial hemp and CBD industry, and in 2016 headed an exploratory group that resulted in the formation of HBK’s CIG. 

Nick works with businesses in all cannabis industry segments—cultivators, processors, retailers—from single facility to multi-location and integrated operations. He counsels owners, management and investors in multiples states and countries, connecting operators with investment bankers and helping them with key financial activi...more

Categories: Accounting  |  Advertising, PR, Marketing
Tags:
  • Cannavest
  • Panelist
  • Accounting
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