canna law blog

Equity Compensation for Cannabis Employees

Several months ago, we wrote about different ways to reward employees with equity in marijuana businesses. Since then, various other publications have written similar pieces. But there are some lingering challenges associated with cannabis businesses as they attempt to lure and incentivize high-performing employees. Primarily, the complex regulatory systems maintained by the various cannabis-legal states

canna law blog

Legal vs. Illegal Cannabis

In most states with legal cannabis, an illegal cannabis market still flourishes. In many of those states, a large chunk of growing, processing, selling and buying still occurs outside the regulatory system. The illegal market for cannabis stretches across the nation and impacts both states with and without legal cannabis. Before legalization, all cannabis was

canna law blog

Oregon Marijuana: Draft Rules for Labeling, Concentration and Testing

Last week, the Oregon Health Authority (OHA) issued temporary draft rules on marijuana labeling, concentration and testing. The rules are here and here. Like the Oregon Liquor Control Commission’s (OLCC) draft rules issued the same day (for the recreational program), the OHA rules are being promulgated pursuant to House Bill 3400, last summer’s omnibus marijuana

canna law blog

California’s New Medical Marijuana Laws: What You Need to Know Now

This past Friday I chaired a “Medical and Recreational Marijuana in Southern California” seminar in Santa Monica. During the seminar, Governor Brown signed into law the three bills that comprise the California Medical Marijuana Regulation and Safety Act (MMRSA). Needless to say, this was big news for all of us at the seminar. This is

canna law blog

BREAKING NEWS: Oregon Recreational Marijuana Draft Rules Arrive

The Oregon Liquor Control Commission (OLCC) finally issued its draft rules yesterday for Oregon’s recreational marijuana program. The rules weigh in at a hefty 70 pages and you can find them here. In an accompanying release, the OLCC cautioned that “draft rule language is subject to change and should NOT be used as basis for

canna law blog

The Suquamish Marijuana Compact: First in the State, First in the Nation

The Suquamish Tribe and the State of Washington recently signed and entered into the first ever marijuana compact to allow a Native American Tribe to cultivate, process, and sell marijuana within a state’s highly regulated marijuana system. The Tribe’s own marijuana regulations have not been disclosed to the public. We previously blogged about how Washington was the first state to adopt

canna law blog

Marijuna Legalization and Marriage Equality: Similar but Different

Multiple times, the trajectory of marijuana legalization has been compared to the repeal of alcohol prohibition in the 1930s. Many policy experts and marijuana industry hopefuls believe marijuana is following the same pattern as alcohol where the states, just as they did with alcohol, start with medical regimes and slowly opt out of federal prohibition altogether,

canna law blog

Cannabis Consultants: The “Gift” That Keeps On Giving

In the past few weeks we have been working with a number of cannabis clients in similar tough spots. They didn’t want to spend a lot of early money on lawyers, so they negotiated some service contracts on their own. These contracts are generally with “cannabis consultants” to help in the financial space — either

canna law blog

Your Cannabis Contract: Is It Worth The Paper It’s Written On?

We write frequently about the importance of contracts to the state-legal cannabis industry. (For a crash course, check out Doing Business with Pot Businesses #2: Cannabis Business Contracts; Marijuana Contracts: Get them in Writing; and How to Draft an Effective Marijuana Contract.) We preach about the need to have solid contracts in place before you need them, covering

canna law blog

Cannabis Residency Restrictions: Are They Unconstitutional?

When it comes to marijuana licenses, some states are completely indifferent to residency, others give a slight competitive advantage to in-state license applicants, while others adopt a bright-line requirement that residents hold a controlling interest in the licensed entity. Are these restrictions on out-of-staters constitutional? State governments can require licensees to be a certain age,