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
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
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
Last week, the US Supreme Court decided its most recent Second Amendment case, United States v. Rahimi. Earlier this month, SCOTUS decided Garland v. Cargill, which could also spell changes for the cannabis industry later down the road. I wrote about the Rahimi case in earlier posts, as the outcome of the case could have affected
I wrote about Robert Hunter Biden’s indictment for violation of federal gun laws in a post entitled “What the Hunter Biden Indictment Means for Cannabis Users” back in September 2023. On June 11, 2024, a jury in a federal district court in Delaware found Hunter guilty of three felony counts. Today I want to look
