Federal Antitrust Scrutiny and (Certain) Cannabis Deals

If you follow state-by-state legal cannabis legalization, you’re aware that despite the federal illegality of cannabis, certain federal agencies police the cannabis industry like they do any other legal industry. For example, the NLRB has been known to go after cannabis companies engaged in hostile workplace conduct and the Department of TreasuryĀ contemplates banking services to

canna law blog

Is Bankruptcy Protection on the Horizon for Cannabis Businesses?

As most of us know, bankruptcy is just not an option for the cannabis industry or those even affiliated with it. To date, courts have generally ruled that debtors who work in the cannabis industry or derive meaningful income from cannabis activity (directly or indirectly) cannot use bankruptcy. This is in response to the U.S.

canna law blog

Cannabis Litigation Options: The Benefits of a Receivership

Thank you to everyone who joined us for the ā€œThe Top 12 Alternative Dispute Resolution Strategiesā€ webinar last week. We received a ton of questions on a lot of really interesting topics, and we will be spending the next few weeks addressing those we couldn’t fully get to during the one-hour period. We received a

canna law blog

The Biggest Pitfalls of California Cannabis Leases in 2019

We’ve written many times about how commercial leases to cannabis tenants are their own beasts. Generic leases don’t ever the job done. And, in California, as bad as some landlords want to rely solely on AIR and CAR forms, we generally caution landlords to have a customized lease arrangement when dealing with a cannabis tenant.

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Yes, Washington, You Really Need Cannabis Business Insurance

In a prior post I discussed some general insurance issues for cannabis business owners to consider. Today we’ll take a deep dive into Washington State insurance for cannabis businesses. As is the case with most emerging industries, the pace of marijuana business continues to outstrip the development of ancillary but crucial services (see California Approves

canna law blog

Take Your Hemp or CBD Company Public on the TSX

Banking, intellectual property, food and beverage (and cosmetics), international trade, domestic trade, state laws, ag production contracts, etc., etc. When it comes to industrial hemp, the 2018 Farm Bill upended all of these things. Our cannabis business lawyers have been busy advising a large number of new hemp and hemp-CBD businesses getting in on the

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Industrial Hemp and the Banks: Slow Going

We have spilled a lot of ink on this blog related to the 2018 Farm Bill, which legalized hemp at the federal level. It’s huge news. And there are so many ramifications, from food law to trademarks to the financial services environment. This blog post is going to cover financial institutions and hemp at about

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BREAKING NEWS: Bye, Bye Cole Memo, Hello Uncertainty for Marijuana

It’s finally happening — Attorney General Jeff Sessions will, today, rescind the 2013 Cole Memo regarding federal enforcement in states that legalized cannabis. The Cole Memo, which came on the heels of marijuana legalization in Colorado and Washington back in 2012, set forth the Obama administration’s enforcement policies regarding state-legal marijuana. It set out eight

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Marijuana Banking Band-Aid? Senators Push For More Cannabis Banking Guidance

There has been a ton of speculation about what President-elect Donald Trump and his nominee for U.S. Attorney General, Jeff Sessions, will do about state-legal marijuana in the next four years. Some industry and political experts think a renewed War on Drugs is coming, while others believe neither Trump nor Sessions will undertake the politically

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Bank Loans on Cannabis Property: Tread Carefully

My law firm represents a large number of cannabis operators in Oregon, Washington and California. Some of these operators own the land they trade on; others simply lease. Whenever we are lucky enough to meet the client before the onset of cannabis activity, our first question is often whether the target property is mortgaged, or

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