Former federal attorney Henry Wykowski (left) buys a gram of Neville’s Purple. | Photo by David Downs
Former Federal Prosecutor Buys California’s First Legal Cannabis
On January 1, 2018, Wykowski & Wood’s very own Henry Wykowski made history by purchasing the first legal gram of cannabis in California at Harborside dispensary in Oakland. The moment was especially significant given Henry’s role as Harborside’s longtime tax attorney and his successful defense of the dispensary in landmark federal asset forfeiture cases.
As one of the nation’s leading cannabis attorneys, Henry has prevailed in major federal court battles — including defending both Harborside and Berkeley Patients Group against forfeiture actions during the 2011 federal crackdown. He continues to advocate for fair treatment of cannabis businesses under federal tax law, including challenges to the IRS’s application of Section 280E.
Henry’s early career as a federal prosecutor gives him a unique perspective in defending cannabis businesses against some of the most complex legal challenges in the industry. His work has helped shape national precedent in both cannabis taxation and federal enforcement policy.
Wykowski & Wood LLP remains at the forefront of cannabis law, committed to protecting the rights of businesses and advancing sensible reforms.
What the Feds might do after the Sessions decision: Q&A with Attorney Henry Wykowski
Following U.S. Attorney General Jeff Sessions’ decision to rescind Obama-era guidance protecting state-legal cannabis businesses, national media turned to Henry Wykowski, widely regarded as the country’s leading cannabis attorney in federal enforcement matters.
Mr. Wykowski has successfully defended some of the largest dispensaries in the nation — including Harborside, Berkeley Patients Group, and Shambhala Healing Center — against Department of Justice forfeiture actions. In each case, the government’s efforts were ultimately dismissed with prejudice, preserving the rights of cannabis businesses to operate under California law.
In an interview with Marijuana Business Daily, Mr. Wykowski outlined the potential risks cannabis businesses could face under renewed federal scrutiny. He noted that the worst-case scenarios would involve either criminal prosecution or civil forfeiture, though both approaches carry significant legal and political risks for the government.
In discussing past cases, Mr. Wykowski emphasized constitutional concerns that arose in forfeiture actions, particularly under the Eighth Amendment’s prohibition against excessive fines. In the Shambhala case, the DOJ sought to seize a $3.5 million building. The court questioned whether such a penalty was excessive, ultimately leading to a settlement for a fraction of that amount and allowing the business to remain open.
Mr. Wykowski concluded that renewed DOJ enforcement is unlikely to mirror the past, given both the lack of judicial support and the public relations consequences of pursuing actions against state-licensed businesses.