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.

gun rights

Cannabis and Gun Rights: Predictions for the Future

Big federal law changes in cannabis regulation are on the horizon. One area where I expect a lot of movement in the coming years is with respect to gun rights. I write on this topic fairly extensively, and you can see my links below. Today I want to talk about what changes I think are

close corporation

What is the Deal with California Close Corporations?

We spill a lot of ink on the Canna Law Blog talking about different types of business entities that cannabis entrepreneurs often use. In most cases though, the choice is between LLC and corporation. It may come as a surprise to some readers that some states have many different subcategories of corporations, including California. Today

cannabis contract

Executing Cannabis Contracts

I spend a LOT of time blogging about the importance of written cannabis contracts as a general concept (most recently here or here). Today I want to talk about something that a lot of people overlook when it comes to cannabis contract drafting: how the contract will actually be signed. You may think this is

cannabis business

The Top Four Risks for Cannabis Businesses and Investors in 2024

2024 is going to be a crazy year for cannabis businesses and investors. Among many other things, there will be a general election, possible rescheduling to Schedule III of the Controlled Substances Act (CSA), an upcoming Farm Bill that could re-tool how hemp and hemp products are regulated, and maybe even some federal cannabis legislation.

cannabis contracts

Don't Use AI to Write Cannabis Contracts

One of the most persistent and common failures in the cannabis industry is using handshakes instead of written cannabis contracts. This is an issue I've written about for years (most recently here), and it doesn't seem like there has been much of a willingness to change. A lot of companies would like to move into

cannabis loan due diligence

What Lenders Look for In Cannabis Loan Due Diligence

You may think that due diligence is something reserved for business or real estate purchases. But due diligence is also a must for lenders in cannabis loan transactions. I recently wrote a post about what borrowers can look forward to in cannabis loan transaction. Today I want to do a deeper dive into due diligence

nondisclosure agreement

Why Nondisclosure Agreements are So Important

Nondisclosure agreements (sometimes abbreviated, "NDAs") are some of the most important agreements a company can sign. At the same time, they can be some of the simplest agreements to get in place. Today I want to do a deeper dive into nondisclosure agreements, what they contain, and why they are important. What is a nondisclosure

real estate

What to Expect in Cannabis Real Estate Deals

Cannabis real estate transactions can be notoriously complicated - much more so than your average real estate deal. On January 9, 2024, I'll be speaking on a panel called "Navigating Real Estate Issues Impacting the Cannabis Industry" for the Los Angeles County Bar Association, where my co-panelists and I plan on touching on many of

cannabis business

What Cannabis Companies Can Expect When Borrowing Money

Cannabis companies that need more money than they can generate through sales generally have two options: borrow money (debt) or solicit investments (equity). Over the years as the industry has constricted, equity finance became less of an option. I recently predicted that equity investment will reignite when cannabis is rescheduled. But that hasn't happened yet,

cannabis contract

Risk Allocation in Cannabis Contracts

One of the main reasons why I am such a vocal supporter of written cannabis contracts is allocation of risk and liabilities. Parties to a cannabis contract have a number of ways that they can allocate risks and liabilities that they just won't have in a "handshake" deal. Today I'll explore six of the top