Jesse co-chairs Harris Sliwoski’s Dispute Resolution / Litigation practice group. He has an extensive domestic and international litigation background and has represented clients from a wide range of industries in high stakes disputes. Jesse represents numerous clients in the cannabis industry and he regularly writes on litigation issues involving hemp and CBD. In every dispute, it is Jesse’s goal to find the best and most cost-effective solution for his clients. His analytical mind, excellent writing skills, and steady presence allow him to find unique solutions to complicated domestic and international disputes.
Just a few days ago the Texas Court of Appeals published an opinion concerning smokable hemp. Before getting into the ruling, let’s review what happened in Texas after enactment of the 2018 Farm Bill. In 2019, the Texas Legislature enacted statutory provisions regulating certain hemp products. Among the statutes was a law prohibiting any state
A hemp grower in Jackson County, Oregon has filed suit against the Oregon Department of Agriculture (ODA) over failure to issue hemp registrations and against the Jackson County Sheriff to prevent the destruction of its hemp. We’ve written on about the difficulties hemp farmers face when law enforcement seeks to destroy, or does destroy, a
As the country moves toward decriminalizing and even legalizing marijuana, federal courts largely remain closed to commercial disputes involving marijuana by operation of the illegality defense. We’ve written about the defense on several occasions, see here and here. Briefly, the illegality defense is an affirmative defense pleaded by a defendant who has been sued for
The State of Washington strictly regulates the relationships between marijuana producers and processors, on the one hand, and marijuana retailers, on the other. Many states permit the same persons to hold financial interests in all three types of licenses. But not Washington. Under RCW 69.50.328, neither a licensed marijuana producer nor a licensed marijuana processor
Hemp farming is big business in southern Oregon. The investment needed to successfully plant, grow, harvest, and sell a hemp crop is substantial—in terms of both time money. Risks like drought, fire, pests, theft, and depressed prices add up to a business environment not for the faint of heart. Compounding these stressors are the risks
The insanity of the war on drugs needs to stop. Sixteen states and the District of Columbia have legalized marijuana for adult recreational use. Roughly 40% of Americans live in jurisdictions where some form of marijuana use is legal– that’s over 130 million people. Marijuana companies trade on stock markets. Former Congressman John Boehner, once
On May 3, the District Court for the District of Columbia ( “trial court”) dismissed a petition filed by the Hemp Industries Association and others (“Petitioners”) challenging a DEA interim final rule (the “Rule”) that amended its regulations following the enactment of the Agricultural Improvement Act of 2018 (“2018 Farm Bill”). Although not a good
This post discusses the use of the federal “illegality defense” in connection with third-party subpoenas in litigation. Let’s start with a review of the illegality defense. Cannabis litigators, investors, and companies who decide to file a lawsuit arising out of a business transaction likely are familiar with the “illegality defense.” An initial question is choosing
We regularly represent Oregon marijuana licensees in administrative proceedings commenced by the Oregon Liquor Control Commission (OLCC). As anyone with a license knows, the OLCC regulates medical and recreational cannabis in Oregon. This includes enforcing the administrative rules against licensees when the OLCC believes a licensee has violated the administrative rules found in Chapter 845,
Although Americans, and citizens of certain states in particular, have a reputation as a litigious bunch, the reality is that very few civil lawsuits actually go to trial. The vast majority of cases—perhaps more than 90%—end in settlement. This is certainly true in my practice and for most attorneys I know who specialize in business
