all businesses are marijuana businesses (MRB)
Canna Law Blog

Cannabis Banking: All Businesses are Marijuana Related Businesses

All U.S. businesses are marijuana related businesses (MRBs). By “all” I mean everyone from Amazon to your local hardware store, with very few exceptions. Allow me to explain. Guidance on banking and MRBs Over eight years ago, the Financial Crimes Enforcement Network published the FinCen Memorandum of February 14, 2014 (“FinCen Memo”). FinCen is a Bureau

Courts Deny Naturalization Petitions Due to Marijuana
Canna Law Blog

Courts Deny Naturalization Petitions Due to Marijuana

We often write of the pernicious effects of the War on Drugs in the criminal law context as well as its harmful impacts on the hemp and (state) legal marijuana industries. This post turns to another issue resulting from federal illegality – the inability of a lawful permanent resident to petition for naturalization and and

Diversity jurisdiction
Canna Law Blog

Cannabis Securities Litigation: SDNY Dismisses Fraud Case Arising from Canadian IPO

One of the cannabis litigation trends we discussed in a recent webinar was the increasing number of lawsuits alleging some type of fraud by cannabis companies during the capital-raise phase of their businesses.  For most businesspeople, raising capital to fund their new business is essential. Just as essential is making sure that you comply with

cannabis asset forfeiture missouri
Canna Law Blog

Remember Cannabis and Forfeiture? It’s Baaaaack

Some readers may be surprised to realize that a lot of cannabis stakeholders actually don’t want broadsweeping federal legalization. Why? Because they know it means that they’ll instantly be competing with well-established companies that are already masters of economies of scale, branding, marketing, and consumer sales, and their market share will shrink or be eliminated

Cannabis residency requirement
Canna Law Blog

Are More Successful Residency Challenges Coming for Cannabis?

Seen as a protectionist, cottage measure to some stakeholders, residency requirements for cannabis licensure have been a staple in the industry since Washington and Colorado legalized cannabis statewide back in 2012. When I lived in Seattle, the local industry was mostly stoked then that “big money” and out-of-state interests couldn’t easily crash the party that

cannabis M&A representations and warranties
Canna Law Blog

Cannabis M&A: Common Representations and Warranties

In my last post in this series, I ran through a detailed list of some of the more common conditions to closing you’ll see in the run-of-the-mill cannabis business purchase. Today, I want to do something similar, but instead with representations and warranties. In M&A contracts, the parties make various legal promises. Promises to do

cannabis marijuana bankruptcy
Canna Law Blog

Cannabis Bankruptcy 101

In a prior post, we discussed some of the emerging trends for cannabis-related companies that seek bankruptcy protection (click here to view the prior post). But, in the first instance, the question is whether a cannabis-related company can file for bankruptcy relief? This post will examine the first decision from Arizona in the case of

ketamine corporate practice of medicine
Canna Law Blog

Ketamine Ventures: The Strictest Corporate Practice of Medicine States

Certain states are better than others when it comes to lucrative ketamine ventures. Whether you’re a physician looking to open a clinic in the space, or if you’re a third party lay person or entity looking to fund or manage such a practice, you need to be on the look-out for states with strict corporate

california oregon washington wildfires cannabis
Canna Law Blog

Fire Season is Coming

Summer’s here, a massive heatwave just hit the west coast, and fire season is right around the corner. This is the harsh reality for west coast residents and it doesn’t look like that’ll change anytime soon. Wildfires have a severe impact on entire communities and everyone can be impacted. But there are some unique issues

mso cannabis marijuana
Canna Law Blog

Cannabis Multi-State Operators: Top 5 Mistakes

We work with a good number of multi-state operator (MSO) cannabis companies. Always have. Most of these companies are publicly traded, although others remain closely held. With more MSOs on the scene than ever before, it seems like a good time to list out some pitfalls for MSOs, their decisionmakers, lenders, etc., as these companies