plant variety protection act hemp

Hemp Litigation and the Plant Variety Protection Act

Last week, Phylos Bioscience filed a federal court complaint against Silver Lion Farms in the District of Oregon. The complaint details that Phylos and Silver Lion had entered into a Letter of Engagement for Silver Lion to  purchase $2,954,250 worth of hemp seeds of two different varieties – 14,625,000 of AutoCBD seeds and 8,775,000 of

oregon cannabis license moratoria

Update: Proposed Oregon Cannabis License Moratoria

Earlier this week, I canvassed the key cannabis bills enrolled at the outset of the Oregon legislative session. I mentioned that HB 4016 was sucking up all of the oxygen due to its Oregon cannabis license moratoria, including the retroactive moratorium on new producer applications effective January 1, 2022. That retroactivity concept came out of

safe banking act marijuana

Reefer Sadness? SAFE Banking Act is Back

The year 2021 was an emotional roller coaster for marijuana banking. It culminated in the death of the Secure and Fair Enforcement (SAFE) Banking Act in the Senate, when it didn’t make it into the National Defense Authorization Act (“NDAA”). As a result, licensed cannabis businesses are left hanging high and dry (again) on broad

hemp biomass litigation

Oregon Hemp/CBD: Federal Court Allows Biomass Business Litigation to Proceed

The litigation fallout from the hemp rush continues to wind its way through state and federal courts. Just a few years ago everyone and their brother was hot on hemp. Investment capital flooded into Oregon and other states and the industry was awash in new Hemp/CBD farming, processing, manufacturing, and retail businesses. The sheen has

oregon cannabis producer license application

Oregon Cannabis 2022: Legislative Forecast and Report

The 2022 Oregon legislative session kicks off today. It’s a short session this year, with fewer cannabis bills than usual crowding the docket. In 2021, for example, we had 28 enrolled bills to start; eventually, 10 became law. This year we start with only five enrolled bills. Those five submissions overlap in some cases, but

ten cannabis

Ten “Must Haves” for Cannabis Businesses in 2022

I started as a lawyer in the cannabis industry in 2010. Twelve years in there has been immense progress and maturation at the business level for cannabis licensees. This post is dedicated to the top ten list of which arrows all cannabis companies, regardless of state, size, culture, or market share, must have in their

cannabis tax

Current and Future Cannabis Taxes

Last week, I participated on a great panel about current and future cannabis taxes called “Solving the Cannabis Tax Puzzle: Approaches for an Emergent Industry” hosted by Ohio State University Moritz College of Law’s Drug Enforcement and Policy Center and the Center for New Revenue. The panel covered current and future cannabis taxes from a

marijuana business value

Cannabis Business Value

I spend a lot of time with business owners discussing their cannabis business value. Often, they come to me when they realize they have a problem with their current or former business partner. We all like to assume our business relationships will continue indefinitely as the venture increases in value and the owners see eye-to-eye

costa rica medical cannabis hemp

Costa Rica’s Hemp and Medical Cannabis Bill Stalls

Costa Rica’s proposed hemp and medical cannabis law was passed by the Legislative Assembly on January 13, after a 29-10 vote. But what should have been a landmark accomplishment for cannabis legalization in the region has been overshadowed by President Carlos Alvarado’s refusal to sign Bill No. 21388 into law. According to President Alvarado, there

cannabis plants growing

Triple Net Cannabis Leases

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