The Canna Law Blog is a forum for discussing the practical aspects of cannabis law and its impacts on the cannabis industry. We provide insight into how cannabis businesspeople can use the law to their advantage and in plain language we tell you what works and what does not. We aim to help you strategize how to wield the law as both a shield and a sword.
Last week, I wrote a post entitled “Loper Comes For the DEA. Will it Matter Though?” In that post, I discussed a brand new federal Fourth Circuit Court of Appeals case that concluded that hemp derivatives like THC-O are not controlled substances. The hemp community has largely celebrated this as a win, even though as
Earlier this week, the federal Fourth Circuit Court of Appeals, in a case entitled Anderson v. Diamondback Investment Group, LLC, handed the DEA a big loss when it comes to hemp – at least for now. In Anderson, the court held that DEA’s interpretation that a host of hemp-derived products were illegal was essentially wrong. Today I
Register Here The cannabis industry is struggling. High taxes, market saturation and competition from outside sources have created a challenging business environment. Unfortunately, when a marijuana business fails, bankruptcy protection is off the table. As a result, the business is left with two options: to liquidate without court supervision, or state-court receivership. We have spent
Earlier this year, the DEA initiated rulemaking to reclassify cannabis as a schedule III narcotic. This is probably the biggest news in cannabis reform since the Controlled Substances Act became law. A lot of folks had hoped that cannabis would be rescheduled in advance of the 2024 election. Those hopes were dashed when the DEA
Leasing commercial property to a cannabis business in California presents a unique set of challenges and opportunities for landlords. Understanding the potential risks and rewards is essential to making informed decisions. This guide examines various questions our cannabis landlord clients frequently ask my law firm's attorneys regarding leasing California properties to cannabis businesses.
Whether you support them or not, intoxicating hemp products are probably not going to be around for much longer in their current form. States, municipalities, and even the federal government have begun a clampdown on these products. In no particular order, I’ll address a few reasons why the back half of 2024 will be a
At our firm, we’ve helped numerous cannabis startups navigate the complexities of choosing the right business entity. Because every startup is unique and has different goals and needs, a one-size-fits-all approach just won’t work. Below, I’ll explore some of the key considerations we focus on when finding the optimal entity type and structure for a
On January 1, 2024, the federal Corporate Transparency Act (CTA) took effect. The CTA requires a host of both domestic and foreign entities to disclose their beneficial ownership to the Treasury’s Financial Crimes Enforcement Network (FinCEN). Compliance with the CTA is required for all businesses, including those in the cannabis industry. In this post, I’ll overview
Happy 4th of July from all of us here at the Canna Law Blog! We hope you have a fun, safe and not-too-hot holiday celebrating with family and friends. We’ll be back tomorrow with our regular programming.
On Wednesday, June 26, Hirsh Jain of Ananda Strategy and I did an hourlong presentation where we examined a laundry list of problems facing the California cannabis industry. We had a lot of questions about whether a replay would be available and are happy to report that you can watch it here. During the webinar, Hirsh
