Cannabis Law: A Comprehensive Guide to State Legalization and Federal Prohibition

45 questions on cannabis law, answered and cited by the UpLaw editorial team.

• Are cannabis contracts enforceable in court?
• Can a cannabis brand get a federal trademark registration?
• Can a cannabis business file for bankruptcy?
• Can a cannabis business get insurance?
• Can a cannabis business separate out a non-cannabis trade to preserve deductions?
• Can a noncitizen work in or invest in a cannabis business?
• Can someone who uses state-legal cannabis own a firearm?
• Does federal law protect an employee who uses medical marijuana?
• Does the dormant Commerce Clause invalidate cannabis licensing residency requirements?
• Do state laws protect employees who use cannabis off duty?
• Do states follow Section 280E for state income tax?
• How do local governments affect a state cannabis license?
• How far does the cannabis bankruptcy bar reach beyond plant-touching businesses?
• How is cannabis advertising regulated?
• How should a cannabis contract be drafted to survive an illegality challenge?
• If Section 280E denies deductions, what costs can a cannabis business still recover?
• Is CBD legal to put in food or sell as a dietary supplement?
• Is marijuana legal if my state has legalized it?
• Is there a medical-necessity defense to a federal marijuana charge?
• May a lawyer ethically represent a cannabis business?
• What are the alternatives to bankruptcy for a failing cannabis business?
• What are the real estate risks of leasing to a cannabis business?
• What did Gonzales v. Raich decide?
• What did the Charlotte's Web trademark decision teach about “lawful use”?
• What did the Harborside decision hold about cannabis inventory accounting?
• What does Schedule I mean, and why can't a doctor prescribe cannabis?
• What exceptions apply to state laws protecting cannabis-using employees?
• What financial-crime traps catch cannabis operators?
• What is FinCEN's 2014 cannabis banking guidance?
• What is hemp under the 2018 Farm Bill?
• What is Internal Revenue Code Section 280E?
• What is the civil RICO exposure for cannabis businesses and their neighbors?
• What is the intoxicating-hemp problem?
• What must a responsible cannabis legal engagement include?
• What protection does the medical marijuana appropriations rider actually provide?
• What should a cannabis lease include that an ordinary commercial lease does not?
• What trademark strategies are available to a cannabis brand?
• What was the Cole Memorandum, and does it still protect the industry?
• What would rescheduling marijuana to Schedule III actually change?
• Which federal criminal statutes reach a cannabis business?
• Why can't cannabis be shipped across state lines even between two legal states?
• Why can't cannabis businesses get bank accounts?
• Why does Section 280E hit cannabis retailers harder than cultivators?
• Why does the type of drug test matter under the new cannabis employment laws?
• Why isn't state cannabis legalization preempted by the Supremacy Clause?