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.
The year 2021 was an emotional roller coaster for marijuana banking. It culminated in the death of the Secure and Fair Enforcement (SAFE) Banking Act in the Senate, when it didn’t make it into the National Defense Authorization Act (“NDAA”). As a result, licensed cannabis businesses are left hanging high and dry (again) on broad
The litigation fallout from the hemp rush continues to wind its way through state and federal courts. Just a few years ago everyone and their brother was hot on hemp. Investment capital flooded into Oregon and other states and the industry was awash in new Hemp/CBD farming, processing, manufacturing, and retail businesses. The sheen has
I started as a lawyer in the cannabis industry in 2010. Twelve years in there has been immense progress and maturation at the business level for cannabis licensees. This post is dedicated to the top ten list of which arrows all cannabis companies, regardless of state, size, culture, or market share, must have in their
Last week, I participated on a great panel about current and future cannabis taxes called “Solving the Cannabis Tax Puzzle: Approaches for an Emergent Industry” hosted by Ohio State University Moritz College of Law’s Drug Enforcement and Policy Center and the Center for New Revenue. The panel covered current and future cannabis taxes from a
I spend a lot of time with business owners discussing their cannabis business value. Often, they come to me when they realize they have a problem with their current or former business partner. We all like to assume our business relationships will continue indefinitely as the venture increases in value and the owners see eye-to-eye
One of the most common commercial cannabis lease structures is what is commonly referred to as a “triple net” or “NNN” lease. Triple net cannabis leases allow landlords to pass on nearly all operational costs associated with a property to a tenant, which can be a big benefit for both landlords and tenants. Today, I’ll
Not many people get excited about revisions and updates to the very dry National Institute of Standards and Technology (“NIST”) handbooks. For example, the NIST 44 Handbook contains the “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.” The handbooks are adopted every year at the annual National Conference on Weights and Measures
From startups to multi-state operators, most cannabis businesses will engage legal counsel at some point. All of these companies – but especially smaller ones or less experienced ones – need to grapple with the question of what the role of a lawyer in cannabis deals will be. This can be a difficult question to answer.
The War on Drugs was a failure. It did not stop the drug trade. It just grew the prison system. The War on Cannabis continues through aggressive state and local enforcement and prohibition measures with no end in sight. And we have a massive illicit market. This is all very bad and we collectively need
In the cannabis industry, many relationships don’t last. One of the top questions our cannabis lawyers get is “how do I terminate my cannabis contract”? Despite clear contract termination provisions, terminating a cannabis contract can be a very difficult. Today, I’ll examine how cannabis contracts can be terminated. Contract termination provisions The first place I
