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Top Four Concerns for Tri-Party Cannabis Supply Chain Agreements

Cannabis supply chain agreements (e.g., manufacturing agreements, distribution agreements, license agreements, supply agreements) can be difficult enough to draft and negotiate when there are just two parties. The immense amount of over-regulation in the cannabis world can make contract drafting a headache, and even more difficult for attorneys who are not well-versed in cannabis. That

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Cannabis, Competition, and a Constitutional Crisis

On June 23, 2020, John Elias, a career Department of Justice (DOJ) official, submitted written testimony to the U.S. House Committee on the Judiciary (the Committee) in response to a Congressional investigation into the politicization of the DOJ office under Attorney General William Barr. Elias claims Barr directed the DOJ’s Antitrust Division (the Division) to

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Credit Unions and Hemp: New Federal Guidance is Here!

Last week, the National Credit Union Administration (NCUA) issued new guidance (“Guidance”) for federally-chartered credit unions serving the hemp industry. All of us at Harris Sliwoski were excited to see the Guidance released: NCUA retained us last fall to advise the government on this project, and we have always represented credit union clients as to

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Hemp CBD Across State Lines: Wyoming

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

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Juneteenth and Criminal Justice Reform

Several years ago, before becoming a business litigator, I had the great fortune of clerking for Judge Myron H. Bright on the Eighth Circuit Court of Appeals. Born in northern Minnesota in 1919 to Jewish immigrants from Russia, Judge Bright served in World War II and afterward attended the University of Minnesota Law School. Upon

Disband DEA

It’s Time to Disband the DEA

Racism in America is not confined to the criminal justice system, it is embedded in all aspects of our society, but the continued killing of Black men and women by police and law enforcement personnel has lead to a breaking point. The video of George Floyd’s murder is particularly gruesome and has lead to nationwide

Wisconsin State Flag

Hemp CBD Across State Lines: Wisconsin

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

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An Anti-Climactic End to the First Cannabis Patent Litigation?

Our last update on the first-ever cannabis patent case, United Cannabis Corporation (“UCANN”) v. Pure Hemp Collective, Inc. (“Pure Hemp”) was back in July 2019. A lot has changed in the world since then (although the case was largely unremarkable), and the possible ending to this once-deemed “pivotal” case for the industry may now face

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Why We Love the Harborside IRC § 280E Appeal

Recently, I mentioned that except for Champ v. Commissioner, no cannabis company has ever won an Internal Revenue Code § 280E case. One of the more famous setbacks was a 2018 case known as Harborside v. Commissioner, which expressly found IRC § 280E constitutional. That decision started with the memorable line that: “[Harborside] owns what

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Ketamine Management Services Organizations (MSOs): The California Puzzle

Our law firm has seen an uptick in ketamine clients lately. And it’s no surprise as the drug picks up considerable speed with its off-label infusion applications for a slew of serious ailments, including depression and mood disorders. We’ve also been handling several M&A deals around ketamine clinics and the management companies that serve them.