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I have helped people buy, sell and invest in hundreds of cannabis businesses. I’ve represented many hundreds more. One thing that makes my job harder, at times, is working with cannabis businesses that have misaligned public records and reporting. There are three pillars of public reporting, or disclosures, that a cannabis business should strive to
With so much discussion around the potential rescheduling of marijuana to Schedule III under the Controlled Substances Act (CSA), we must have an honest conversation about what such a move will—and more importantly, won’t—accomplish. Let me be clear: marijuana absolutely needs to be removed from Schedule I. In fact, it should not be scheduled at
As far as I know, the OLCC is a party to two, separate litigations surrounding its administrative rules. The first lawsuit relates to Ballot Measure 119, which is a unionization measure applicable to most classes of Oregon marijuana licensees. The second lawsuit concerns rules that require retail applicants to acquire a certificate of tax compliance
It’s common for companies in all industries to use social media “influencers” to promote their goods and services online. Influencer advertising in the cannabis industry is a particularly risky idea, because paid advertisers need to comply with all cannabis marketing and advertising rules. These rules are beasts of the applicable state regulations on cannabis products
If the cannabis industry wants to truly normalize cannabis use in American culture, it’s time to start shaping public perception through entertainment, not just policy. For decades, alcohol and tobacco didn’t just grow their markets through lobbying; they embedded their products into the cultural fabric through Hollywood. From James Bond’s vodka martinis to Marlboro’s cowboy
Cannabis intellectual property (IP) licensing deals can be complicated, presenting unique issues. Many companies expect the biggest hurdle to be state cannabis law compliance. Although this is certainly a major concern, it’s important to start with the brand licensing fundamentals by analyzing the validity and strength of the IP itself. With any licensing deal, the
This would be a good time to review the branding protection avenues available to cannabis business owners, and to discuss celebrity branding. There are three main ways a brand owner can establish trademark rights: By using the mark in connection with their goods or services (legally) in commerce; By registering the mark with the United
In the never-ending loop of federal marijuana reform debates, one crucial fact keeps getting overlooked: the Attorney General (AG) has the power to reschedule marijuana. Right now. No act of Congress. No HHS review. No rulemaking marathon. Just a signature. Under 21 U.S.C. § 811(d)(1), the AG can unilaterally reschedule marijuana to better align U.S.
You may have seen this article or some other article yesterday or today, covering the Ontario Supreme Court’s recent certification of a national class action lawsuit against Aurora Cannabis. The defendant entities are all part of the same conglomerate, with Aurora Cannabis Inc. being the parent. You can view their vast array of cannabis products
We’re proud to share that attorney Jason Adelstone will be a featured panelist at this year’s Cannabis Law Institute (CLI 2025), hosted by the International Cannabis Bar Association (INCBA). Taking place June 12–13, 2025 at the University of Denver Sturm College of Law, CLI 2025 is widely recognized as the leading annual conference for cannabis
