280E has had a significant impact on both adult use and medical cannabis and marijuana businesses. Challenges to the tax environment may provide pathways to significant changes in the tax treatment of these businesses. Cannabis companies should consider filing amended returns or protective claims for amended returns as soon as possible to preserve their right.
The Maine Legislature made some significant changes to Maine's Cannabis Legalization Act in 2023, which governs Maine's Adult Use Cannabis Program. Some of these changes include expanding delivery services, increase in maximum amount of THC in a edible cannabis product and more.
Starting January 1, 2024, most small businesses in the United States must file a Beneficial Ownership Information Report. U.S. Department of the Treasury's Financial Crimes Enforcement Network. Click here to learn more.
LD 1063 amends Maine's tax laws to allow Maine Adult Use cannabis businesses to deduct business expenses from their state taxable income. With this change, all Maine cannabis licensees are now treated equally from a state tax standpoint.
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...