Recently the SEC updated its rules to simplify the patchwork of regulations to help companies in fundraising mode. This matters to cannabis companies of all types, especially those that want to utilize the available federal exemptions in their securities offerings. In the SEC’s own words, “These amendments will promote capital formation and expand investment opportunities
This summer, I wrote about a Title III lawsuit that was filed against cannabis company NC3 Systems dba Caliva. As a quick refresher, Title III of the Americans with Disabilities Act (“ADA”) requires all businesses to remove any obstacle that interferes with a disabled person’s ability to access their products or services online. The plaintiff
Last month, along with streamlined licensing, the Oregon Liquor Control Commission (OLCC) announced a significant (and welcome) change to its compliance function by instituting a new Verification of Compliance program (VOC) that will focus on education rather than penalties for certain types of marijuana rule violations. The VOC launched in early October and arose from
Last month, in Puerto Rico: November Surprise for Recreational Cannabis?, we proposed that a victory by opposition candidate Charlie Delgado “might be Puerto Rico’s best shot at recreational cannabis legalization.” As of 2:00 PM local time on November 5, Delgado has not conceded the race. However, the results so far suggest that the island’s next
RICO claims in the cannabis industry have certainly evolved over the years, but the general trend of the Courts dismissing those claims or cases altogether has held fast. In Shulman, et al. v. Kaplan, et al., a case filed in the Central District of California, the plaintiffs – who are involved in the production, marketing, and
The Oregon secondary market for cannabis licenses and businesses remains lively. We have been helping industry buy and sell these businesses since 2016. This post is mostly about pricing for retail plays, which is still an evolving standard, but a standard nonetheless. First, some context. Over the past few years, there have been two significant
Confessed or stipulated judgments are fairly common in the pre-litigation and litigation contexts, and disputes in the cannabis industry are no different. They are slightly different concepts so here’s an overview of both, why they might be the best-case scenario for you, and how to make sure they’re effective (provided a court is willing to
This November 2020 election, cannabis legalization initiatives will appear on the ballots of five states: Arizona, Mississippi, Montana, New Jersey, and South Dakota. Leading up to the November 3 elections, Canna Law Blog has published a series of posts centered on each of these state ballot initiatives, and the current laws surrounding cannabis in each
I have written in the past that cannabis companies of all stripes (whether involved in marijuana or hemp) that are in fundraising mode need to know when they are offering securities for many different compliance-related reasons, the biggest of which is to avoid jail time for committing securities fraud. According to the U.S. Securities Act
As legal marijuana markets have matured in Washington, Oregon, California and elsewhere, so too have the kinds of legal disputes involving marijuana businesses. Increasingly common are legal disputes between owners of a marijuana business that involve allegations of financial malfeasance, breach of fiduciary duty, freeze-outs, fraud, and other claims common to business litigation outside of
