Earlier this week, the federal Fourth Circuit Court of Appeals, in a case entitled Anderson v. Diamondback Investment Group, LLC, handed the DEA a big loss when it comes to hemp – at least for now. In Anderson, the court held that DEA’s interpretation that a host of hemp-derived products were illegal was essentially wrong. Today I
Register Here The cannabis industry is struggling. High taxes, market saturation and competition from outside sources have created a challenging business environment. Unfortunately, when a marijuana business fails, bankruptcy protection is off the table. As a result, the business is left with two options: to liquidate without court supervision, or state-court receivership. We have spent
Earlier this year, the DEA initiated rulemaking to reclassify cannabis as a schedule III narcotic. This is probably the biggest news in cannabis reform since the Controlled Substances Act became law. A lot of folks had hoped that cannabis would be rescheduled in advance of the 2024 election. Those hopes were dashed when the DEA
Yesterday, the Drug Enforcement Administration (DEA) near-noticed a hearing for its marijuana rescheduling proposal. The hearing would begin on December 2, 2024 at 9 a.m. ET, and may span multiple days or even weeks. The announcement came via an unpublished “notice of hearing on proposed rulemaking” (NOH). The final NOH is set for publication this
We have been following Minnesota’s progress on cannabis legalization for a while here at the law firm. It’s a state with huge potential, and reports from our attorneys at CannaCon last weekend were glowing. As a native Minnesotan (Duluth; Moorhead) who frequently returns to the state, I’m personally rooting hard. There is a lot to
Growing Cannabis in Australia Though growing cannabis for personal use remains illegal in most Australian states and territories, growing for medicinal and scientific purposes was legalized under federal law in 2016. Under federal law, cultivation includes sowing seeds, planting, growing, tending, nurturing, harvesting, grafting, dividing, or transplanting a cannabis plant. Production is the separation of
Leasing commercial property to a cannabis business in California presents a unique set of challenges and opportunities for landlords. Understanding the potential risks and rewards is essential to making informed decisions. This guide examines various questions our cannabis landlord clients frequently ask my law firm's attorneys regarding leasing California properties to cannabis businesses.
Whether you support them or not, intoxicating hemp products are probably not going to be around for much longer in their current form. States, municipalities, and even the federal government have begun a clampdown on these products. In no particular order, I’ll address a few reasons why the back half of 2024 will be a
Kamala Harris is a heavy favorite for Democratic Presidential nominee, now that Joe Biden has dropped out of the race and endorsed her. This means we should re-open our short series on the 2024 Presidential candidates and marijuana. I thought we were done with this stuff. We can trot out some deep cuts with Kamala
At our firm, we’ve helped numerous cannabis startups navigate the complexities of choosing the right business entity. Because every startup is unique and has different goals and needs, a one-size-fits-all approach just won’t work. Below, I’ll explore some of the key considerations we focus on when finding the optimal entity type and structure for a
