Just a few days ago the Texas Court of Appeals published an opinion concerning smokable hemp. Before getting into the ruling, let’s review what happened in Texas after enactment of the 2018 Farm Bill. In 2019, the Texas Legislature enacted statutory provisions regulating certain hemp products. Among the statutes was a law prohibiting any state
Last month, I wrote a post explaining some of the issues buyers of cannabis businesses face when dealing with the landlords for the purchased business. In a nutshell, leases almost always contain clauses restricting assignment and subletting, and these clauses will often note that certain changes of control of the cannabis tenant are considered assignments
People familiar with the Oregon cannabis industry know of its strange and lucrative secondary market for cannabis producer licenses. For the past few years, but especially the past year, we’ve helped many farmers buy and sell these licenses (or, more accurately, “interests in successor licenses”). To be clear, most of these sales involve no equipment,
Nationwide, cannabis companies and advocates are hailing the Cannabis Administration and Opportunity Act as the savior of the future of cannabis (a copy of the bill is here). If the Act passes, we will finally have federal legalization and the consequences of the current federal conflict will end, or, at least be reversed in the
A hemp grower in Jackson County, Oregon has filed suit against the Oregon Department of Agriculture (ODA) over failure to issue hemp registrations and against the Jackson County Sheriff to prevent the destruction of its hemp. We’ve written on about the difficulties hemp farmers face when law enforcement seeks to destroy, or does destroy, a
On July 22, the Washington State Liquor and Cannabis Board (“LCB”) issued a notice of adoption of an interpretive statement (the “Notice”) in which the agency clarified authorized practices for marijuana processor licensees. The Notice stipulates that licensed marijuana processors cannot legally convert cannabidiol (“CBD”) into delta-9 THC because their license privileges do not allow
In the continuing trend of normalizing the cannabis industry for practical reasons (a topic I will be discussing with New York City Council Member Keith Powers on August 17 at a free webinar), the New York State Bar Association’s (NYSBA) Committee on Professional Ethics issued Opinion 1225 (the Opinion). In short, the NYSBA now expressly
Getting to closing on a cannabis M&A transaction is always a hurdle (read about that process in detail here). There are always a lot more contingencies to closing for cannabis M&A transactions than for run-of-the-mill businesses that don't operate in highly regulated fields (e.g., cannabis acquisitions will require approval from state and possibly local agencies).
Germany will hold parliamentary elections on September 26 of this year. While the ruling Union is expected to win the largest number of seats in the Bundestag, the majority of polls show the Greens (officially Alliance 90/The Greens) taking the second-highest number of seats. In fact, as recently as May, some polls had die Grünen
Earlier this month, Oregon Governor Kate Brown signed into law HB 3000, an omnibus bill covering a wide range of hemp-related issues. Unlike other cannabis bills passed last session, HB 3000 was written to take effect on passage, so it is now law. One of the important HB 3000 terms is a restriction on the sale
