Many folks in the cannabis industry – especially legacy operators – have little to no experience with corporate governance. I don’t mean to say that they don’t know how to run a business; they likely do. What I mean when I refer to corporate governance is the actual process of adhering to governance agreements, getting
A final judgment recently rendered in WM. Wrigley Jr. Company v. Roberto Conde, et al., is nothing short of a cautionary tale and a powerful reminder to cannabis companies: Parody is NOT a defense to trademark infringement in this type of commercial context. The parties We all know Wrigley – it’s a titan in the
Listen up friends. The Oregon Liquor and Cannabis Commission (OLCC) plans to drop the hammer on bad actors in the regulated Oregon market. Or so the Commission announced in a stern news release on Friday, July 29 (the “Release”). The Release is titled “Commissioners plan to tighten ‘change of ownership’ option.” For good effect, it is subtitled
Listen up friends. The Oregon Liquor and Cannabis Commission (OLCC) plans to drop the hammer on bad actors in the regulated Oregon market. Or so the Commission announced in a stern news release on Friday, July 29 (the “Release”). The Release is titled “Commissioners plan to tighten ‘change of ownership’ option.” For good effect, it
Last week, we discovered that U.S. Senators Elizabeth Warren and Cory Booker cited our own Vince Sliwoski in a letter to Merrick Garland, the U.S. Attorney General, pressing for the end of cannabis prohibition. The Warren-Booker letter, dated October 6, 2021, advocates for DEA to remove cannabis from the federal Controlled Substances Act— which would
When going into business—whether cannabis or otherwise— the first step is to create a business entity. (This seems obvious but still eludes many in the cannabis industry.) One of the principal purposes of establishing a business entity to limit the personal liability exposure of the founders. Typically, the business entity itself and not the investors,
If you are applying for an adult-use cannabis license in New York, please please please hire a New York cannabis attorney. It doesn’t have to be be us, but it should be someone who is actually familiar with the licensing rules and regulations beyond just reading media headlines. We’ve written about it before (here, here
Exciting developments lie ahead for European Union (EU) marijuana legalization. It is inevitable that marijuana legalization sweeps the globe–if you haven’t seen it yet, please watch our webinar with Clifford Chance about the existing global economy of marijuana. The question is just one of timing. In Germany, as one prominent example, we’re looking at legalization
Most cannabis businesses have to amend written cannabis contracts on a regular basis. And many of them do it all wrong. Today, I’ll look at some of the key issues cannabis businesses must consider in amending cannabis agreements. First off, any halfway decent cannabis contract will have an amendments provision. These clauses only permit amendment
Yesterday, Senator Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden presented the Cannabis Administration and Opportunity Act (CAOA) in the Senate. This version of the CAOA is a big deal, as it’s been over a year since the discussion draft of the bill was shown to the public. It’s also a big
