canna law blog

Litigation Update: Who Decides Whether You Can Ship Hemp Through Idaho?

Regular readers know that we are in the midst of presenting a 50-state series analyzing how each state treats hemp-derived cannabidiol (“Hemp CBD”). Recently we covered Idaho, which we neatly summarized as “probably the worst state in the country to get caught with hemp.” The article explains why this is so in detail.  Among the

canna law blog

Hemp-CBD Across State Lines: Indiana

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

canna law blog

Is Bankruptcy Protection on the Horizon for Cannabis Businesses?

As most of us know, bankruptcy is just not an option for the cannabis industry or those even affiliated with it. To date, courts have generally ruled that debtors who work in the cannabis industry or derive meaningful income from cannabis activity (directly or indirectly) cannot use bankruptcy. This is in response to the U.S.

canna law blog

Grading the Presidential Candidates on Marijuana: Donald Trump

Over the course of of ten weeks, we recently ran a series of blog posts that take a close look at the Democratic Party candidates for President in 2020. We examined each candidate’s historic approach to marijuana law and policy, and we also canvassed their current respective stances on marijuana. In all, we covered Joe Biden, Bernie

canna law blog

Marijuana Business Financing: Tough Questions From Investors

As veteran marijuana business owners (and virtually every other type of industry owners) know, there may come a point in time in the business when you are sitting across the table from someone who is offering to put money into your business. They may be your prospective business partner. They may be your close friends

canna law blog

The Regulatory Twilight Zone: California Cannabis Transactions

For years now, I’ve seen and analyzed many different cannabis business relationships across the industry spectrum. Specifically, many proposed and draft agreements have come across my desk detailing the contractual relationships between a variety of parties in the cannabis industry for various purposes–from investors, ancillary services providers, and licensees to intellectual property holding companies, equipment

canna law blog

Hemp-CBD Across State Lines: Illinois

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

canna law blog

International Cannabis: Breaking the Law, Staying Honest

Yesterday, I came across an article in this week’s Economist titled Going to Pot (*sigh*). The premise of this article is that “a global revolution in attitudes towards cannabis is under way” and it explains how countries in many parts of the world have begun to undertake cannabis reforms in varying degrees. This includes everything

canna law blog

Hemp/CBD Litigation Forecast: Cloudy with a Chance of Damages

Our cannabis attorneys are often asked by media, clients, and other professionals working in the hemp and CBD marketplace what we think will be the next “big issue” in this developing industry. Often these questions concern regulatory and compliance questions, as (most) companies are keen to mitigate risk and avoid running afoul of state and

canna law blog

Hemp-CBD Across State Lines: Idaho

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