SAFE Banking Act

Breaking Down the Safe Banking Act: Why It Matters for Cannabis Businesses, Financial Institutions and Consumers

The Safe Banking Act, also known as the Secure and Fair Enforcement Banking Act (SAFE Banking Act), is sorely needed legislation to address the critical issue of financial services being denied to marijuana businesses that operate in the state-legalized industries. We’ve written extensively about the SAFE Banking Act over the past several years. See here,

cannabis company dissolve

How to Dissolve a Cannabis Entity

The cannabis industry is in dire straits, perhaps even in a recession. Cannabis businesses cannot seek standard bankruptcy protections and are looking for creative ways to deal with the distressed market. As companies look to shake off unproductive assets, our cannabis group has fielded tons of inquiries about how to deal with depressions in the

cannabis security interests

Cannabis Security Interests: Dos and Don’ts

I previously wrote about how the cannabis industry should prepare itself for tough financial times. Capital is increasingly hard to come by unless you find yourself in a newly launched state like New York, perhaps. But once a state cannabis program is relatively mature, it’s only a matter of time before it’s a race to

washington cannabis pay to play

Washington Cannabis: Beware “Pay to Play” Arrangements

The Washington State Liquor and Cannabis Board (“WSLCB”) published an industry update on October 25 detailing a recent increase in complaints by cannabis producers and processors of “pay to play” terms. Apparently, some cannabis producers and processors have been paying retailers to acquire shelf space for their cannabis products. These arrangements have become prominent enough

oregon proposed cannabis rules

Oregon Proposed Cannabis Rules: Mixed Bag

We have been reviewing a raft of Oregon Liquor and Cannabis Commission (OLCC) proposed rules that could significantly affect the Oregon marijuana industry. These proposed rules have implications for licensees, potential licensees and even people doing business with industry like landlords and lenders. Everyone, really. You can find the first three posts in our series

amazon

Pro-Cannabis Amazon Contradicted By Algorithm

Amazon’s prohibited product algorithm gets drug paraphernalia analysis wrong Amazon’s prohibited product algorithm is creating issues in the ancillary cannabis business space. In doing so it directly contradicts the company’s pro-cannabis public image. On September 26, Seattle Times reporter Lauren Roseblatt wrote an interesting article describing Amazon’s abrupt removal of an herb grinder company’s (“Golden

oregon cannabis

Tough Times in Oregon Cannabis

Oregon doesn’t want any new cannabis businesses. This turnabout happened rather quickly. Until this spring, the Oregon Liquor and Cannabis Commission (OLCC) issued most types of cannabis licenses to anyone who qualified under relatively broad parameters, through a cheap and simple licensing process. Oregon was even the first state to open its program to non-resident

cannabis recession

Prepping for a Cannabis Recession

Cannabis Recession on the Horizon A cannabis recession may be coming and no cannabis business is immune. Prices are rising, operations are expensive to run, over regulation is rampant, local control is stifling, and you can’t even take many business deductions with the IRS because of IRC 280E. While things like interstate commerce agreements are

bankruptcy

Marijuana Bankruptcy: The Answer is Still “No”

The struggles of failing marijuana businesses to wind down and pay creditors in an orderly fashion serve no one. Among the problems marijuana businesses face such as lack of access to banking and onerous taxation stemming from IRC 280E is the lack of access to bankruptcy proceedings. This post discusses a  Michigan-based medical marijuana company

cannabis contract dates

Cannabis Contract Dates and Why They Matter

Contract dates are among the most basic, fundamental aspects of any contract– cannabis or otherwise. Nevertheless, parties often mess them up or overlook them in potentially disastrous ways. Today, I want to look at a few key contract date issues and what they mean. Key contract date terms An execution date is the date on which