Cannabis Alter Ego Liability: When Separate Companies Stop Being Separate Forming an LLC or corporation ordinarily shields its owners from the company’s debts. Cannabis operators often take that protection further by using separate entities for different stores, licenses, properties, and business lines. In many states, licensing rules and real estate arrangements make some version of
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
California cannabis tax relief is a big deal. And a real thing. What's important now is how the California Department of Tax and Fee Administration ("CDTFA") interprets Assembly Bill 195. As I previously blogged, California is finally on board with a modicum of cannabis tax relief for cannabis licensees (mainly for the benefit of cultivators).
While patent protection has been generally available for some time now, we’ve covered why patent protection has been largely limited for the cannabis industry (see this post). However, that isn’t going to stop patent infringement actions from reaching cannabis businesses, as can be seen from a recent case filed by a greenhouse builder. The complaint
I wrote a post last year entitled, "Does Medical Licensing Make Sense in Recreational Jurisdictions?" The idea - which we've seen borne out countless times - is that in jurisdictions that allow recreational cannabis, medical cannabis usually becomes a relic of the past. That's because medical cannabis is subject to many more restrictions than recreational
Our mission at the Canna Law Blog is to translate complicated legal concepts into plain English for cannabis entrepreneurs and enthusiasts. We know just how complicated, inaccessible, and even contradictory cannabis terminology can be. So we wanted to design an industry resource of key legal terms and even non-legal or technical terms for anyone in
Things are happening in New York as we get closer to the Cannabis Control Board (CCB) and the Office of Cannabis Management (OCM) issuing adult-use licenses: today (July 14, 2022), the New York City Fire Department (FDNY) issued a memo to its branches stating that the FDNY stops cannabis testing for firefighters and applicants to
