
Tax Challenges in the Cannabis Industry
State and federal tax laws are often overlooked by cannabis companies. Tax planning and understanding your tax obligations are necessary to ensure your company remains in tax compliance.
State and federal tax laws are often overlooked by cannabis companies. Tax planning and understanding your tax obligations are necessary to ensure your company remains in tax compliance.
Maine has had a robust medical cannabis program for sometime. However, there was a significant reduction in the number of registered caregivers and assistants in 2022, despite an increase in patients.
In Maine's second full year in permitting Adult Use cannabis retail sales, cannabis retail sales increased roughly 94% from the year before. However, prices have fallen faster than in other states, which could have a negative impact on the program and Maine's cannabis businesses in the future.
On January 3, 2023, the Office of Cannabis Policy ("OCP") published a report, titled "State of Maine, Metrc User Group." The Report outlines various issues discussed by the working group and suggested resolutions.
Non-compete agreements are generally contrary to public policy. While there are no federal laws regulating non-compete agreements, Maine has implemented its own laws in connection with the use of non-compete agreements between employers and employees.
The Office of Cannabis Policy confirms that it will no longer enforce Maine's residency requirement in the medical cannabis program.
Recent guidance provided some clarity as to when a Caregiver or Dispensary is required to obtain a Tobacco Retail License. Pre-rolls and joints filled with cannabis are no longer considered a "tobacco product" according to Maine's Attorney General.
Attorney John M. Burke of Caseiro Burke was interviewed by the Press Herald regarding Maine's Cannabis Licensing Fees.
Strict compliance provisions in commercial leases are becoming common practice in leases involving cannabis business tenants. Cannabis businesses should be aware of these provisions and the impact they may have on their business.
The U.S. Court of Appeals for the First Circuit affirmed a lower courts decision that the Dormant Commerce Clause applies to the cannabis industry; as such, Maine's Residency Requirement for its Medical Cannabis Program violates the Commerce Clause of the U.S Constitution.
Does a Maine Cannabis licensee have to registered as a Maine Tobacco Distributor? Maybe. It depends on whether the Maine Cannabis Licensee meets the definition of a "Distributor" under the Tobacco Product Tax Statute.
Successful Resolution in a Copyright Dispute by John M. Burke, Esq.
Maine Office of Cannabis Policy Cannabis Markets & Associated Outcomes - Survey Findings and Implication. Data suggests that Adult Use stores may help reduce the illicit cannabis marketplace.
Is Delta-8 THC Legal? Delta-8 THC may be legal, for now, but states could begin to regulate it. The FDA is seeking to stop those who may be violating Federal Food, Drug, and Cosmetic Act.
We are pleased to report that Caseiro Burke, by Attorney John M. Burke, recently resolved a trademark dispute involving an out of state company. The out of state competitor had been displaying a trademark that was nearly identical to that of a client of the firms.
Caseiro Burke is proud to announce the hiring of Nick McCrillis as Caseiro Burke's new Associate Attorney. Mr. McCrillis graduated from the University of Maine School of Law in May 2021. While in law school, Mr. McCrillis focused his studies on business and tax law while clerking for Managing Att...
John M. Burke, Esq., recently spoke at the 2021 Kids First Center's Professional Conference, Substance Use, Misuse, and Abuse: Contemporary Challenges for Family Court presented by Kids First Center about Maine's cannabis programs.
Chris Caseiro has been selected by his peers for the inclusion in the 2018 New England Super Lawyers in the practice area of Intellectual Property law. For those unfamiliar with Super Lawyers, they recognize attorneys who have distinguished themselves in their respective legal practice. Super Law...
Chris Caseiro has been selected by his peers for the inclusion in the 2018 New England Super Lawyers in the practice area of Intellectual Property law. For those unfamiliar with Super Lawyers, they recognize attorneys who have distinguished themselves in their respective legal practice. Super Law...
John Burke has been selected by his peers for the inclusion in the 2018 New England Rising Stars by Super Lawyers in the practice area of Intellectual Property law. For those unfamiliar with Super Lawyers, they recognize attorneys who have distinguished themselves in their respective legal practi...
AND Lawsuit Filed Against Kennebec County Correctional Facility for the Wrongful Death of Dana Kitchin Timothy E. Zerillo, of Zerillo Law Firm, LLC and John M. Burke, of Caseiro Burke LLC, both in Portland, Maine, have filed a federal lawsuit on behalf of the Estate of Dana Kitchin. The la...
Caseiro Burke is pleased to announce that Coolcore obtained a patent for its Fabric and Method of Making the Same, see U.S. Patent No. 9,885,129. The invention is a fabric for thermal management including the cooling of an object. Coolcore is a premier active-wear company, specializing in chemi...
We are pleased to announce that Mr. Casey Johnsen and Mr. Ryan Pierce obtained a US design patent for their novel Kindling Splitter, see U.S. Design Patent No. D817,123. Splitting wood can be challenging for some. Mr. Johnsen and Mr. Pierce developed a durable, easy to use wood splitter, known as...
Caseiro Burke is pleased to announce that John Archibald obtained a patent for his Solar Curtain, see U.S. Patent No. 9,675,039 (hereafter, “`039 Patent”). The invention is a solar curtain that combines flexible materials to efficiently collect solar energy to heat air for use within poultry hous...
Caseiro Burke is pleased to announce that Dr. William Palin and Karen Palin obtained a patent for their Apparatus and Method for Detecting Paramagnetic and Superparamagnetic Biomarkers, see U.S. Patent No. 9,753,044 (hereafter, “`044 Patent”). The invention is an apparatus that is configured to e...