sisley dea cannabis marijuana reschedule

The End of Sisley’s Challenge to the DEA

Well, it’s over (for now) for Suzanne Sisley. As we covered last year, Sisley, et al. v. U.S. Drug Enforcement Administration, et al., Case No. 20-71433, was an appellate case filed by a group of scientists and veterans that had sued the DEA in May 2020. They, like so many others, argued that the DEA’s

forced labor cannabis marijuana farm

Forced Labor Impacts U.S. Cannabis Industry

Back in May, we urged cannabis businesses to be mindful of the U.S. prohibition on the importation of goods produced by forced labor. Our concern stemmed from the growing interest on the part of our cannabis clients in establishing operations in countries where they can take advantage both of suitable climate conditions and low labor

cannabis M&A closing conditions

Cannabis M&A: Common Closing Conditions

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

cannabis marijuana bankruptcy

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

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

costa rica cannabis marijuana

Costa Rica to Debate Hemp and Medical Cannabis Bill

Costa Rican legislators are set to reinitiate debate over a bill (Expediente N.° 21.388) to legalize hemp and medical cannabis. The bill was cleared by the Legislative Assembly’s Environment Commission last November, but its presentation to the assembly’s plenum has been delayed. The bill’s author is independent legislator Zoila Rosa Volio, an agronomist and lawyer,

fda cbd ndi hemp

The FDA Continues to Show It Is Not Interested in Regulating Hemp-Derived Products

Last week, the Food and Drug Administration (the “FDA”) maintained its strict and narrow position on the legality of cannabidiol (“CBD”) by rejecting two new dietary ingredient (“NDI”) notifications submitted by Charlotte’s Web and Irwin Naturals. Both companies sought agency clearance to market their full-spectrum hemp extract as “dietary supplements.” In its letters to these

A man and woman in a courtroom.

The Cannabis Expert Witness

For the past few years, I have been engaged as an expert witness on a series of cannabis litigation matters here in Oregon. The way litigants use experts varies across jurisdictions due to local rules of evidence and other factors, but in any jurisdiction, compelling expert testimony can make or break a case. In this

Price Adjustment Contract

Cannabis M&A: Purchase Price Adjustments

In my last post in this series, I discussed how the purchase price is structured in cannabis M&A transactions, and how escrow can be used in connection with the purchase price. Today, I want to discuss how adjustments are commonly made to the purchase price, both during the pre-closing period (between signing and closing), and

Intersectionality and the Movement to End the War on Drugs

Intersectionality and the Movement to End the War on Drugs

The year 2020 marked the 50th anniversary of the so-called War on Drugs. As states across the country decriminalize and commercialize legal cannabis, some have declared drugs the winner of the Drug War. There is some truth to this assessment. Two-thirds of Americans currently support decriminalizing marijuana, now referred to by its less racialized, scientific