We have been watching the debate on California cannabis taxes, including the arguments from child welfare advocates that cannabis tax reductions would harm children. In this post, I’ll explain why this perspective is flawed, and propose a better path forward. The California cannabis tax headache California is potentially overhauling cannabis taxes, a much-needed reform for
One of the most common commercial cannabis lease structures is what is commonly referred to as a “triple net” or “NNN” lease. Triple net cannabis leases allow landlords to pass on nearly all operational costs associated with a property to a tenant, which can be a big benefit for both landlords and tenants. Today, I’ll
From startups to multi-state operators, most cannabis businesses will engage legal counsel at some point. All of these companies – but especially smaller ones or less experienced ones – need to grapple with the question of what the role of a lawyer in cannabis deals will be. This can be a difficult question to answer.
I often write about various discrete aspects of cannabis M&A transactions. A full list of my posts, along with other Canna Law Blog contributors’ posts, is linked at the bottom of this post. Today, rather than looking at individual elements of a cannabis M&A transaction, I want to walk through what a transaction looks like
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
My last post in this series, which ran a few weeks ago, went over some of the more common representations and warranties you’d see in the average cannabis M&A transaction. In that post, I briefly mentioned disclosure schedules, which are an integral part of a purchase agreement and its reps and warranties. Today, I’ll get
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
On September 8, 2021, the California Department of Cannabis Control (DCC) published proposed emergency cannabis regulations. These emergency regulations harmonize the previous regulations that were ported over from the prior three agencies into one combined set, and they modify some of those rules and add also new ones. The DCC also published a revised set
Most business purchase transactions we see in the cannabis space are structured to have a concept of “closing”, which I’ve described before here. Essentially, this means that the parties sign, there is some gap of time for them to take care of certain things, and then the business is sold. Today, I want to examine
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
