If you've been reading our blog for the last few years, you know that California has taken a pretty absurd position on hemp-derived CBD for the last few years. Though the state led the charge to legalize cannabis (in California, "cannabis" is legally defined as only marijuana and not hemp), the state just can't get
Virtually any time that there are transactions involving cannabis company mergers, cannabis company acquisitions, or cannabis real estate sales, and in many cases involving the sale of assets of a cannabis company, the parties are likely to encounter a concept called "closing" in their purchase agreements. Closing isn't necessarily unique to purchase and sale situations
California’s cannabis regime is set up to separate every point in the supply chain into different license types: cultivation, manufacturing, distribution, testing, and retail sales, to name a few. Except for a few vertically integrated companies, virtually all cannabis businesses must rely on other companies in the supply chain to get products from farm to
In January 2020, Governor Newsom announced that he intended to have the Bureau of Cannabis Control (BCC), California Department of Food and Agriculture's CalCannabis Program (CDFA), and California Department of Public Health's Manufactured Cannabis Safety Branch (CDPH), consolidated into a single cannabis agency: the Department of Cannabis Control (DCC) (as summarized in the Governor's 2021
Back in January, I published the first part of this article, which, not surprisingly, is all about how bad the law is getting for hemp CBD vape companies. Since then, things have, also not surprisingly, gotten even worse. Let's just jump right into it and see what's happening. First off, California recently proposed a law
For better or worse, the Safe Drinking Water and Toxic Enforcement Act of 1986 (a/k/a Prop. 65) has long plagued California businesses. And cannabis businesses are no exception (see here and here). Prop. 65 requires businesses to provide "a clear and reasonable warning before they cause an exposure to a chemical listed as known to
Last year, I wrote a post entitled "Cannabis Leases: Eight Important Tenant Considerations". The post outlined eight of the more important considerations for tenants entering into cannabis leases. Today, I want to focus on some of the top considerations for landlords in leasing to cannabis tenants. 1. Compliance with Mortgages Landlords that do not outright
It's no secret that California has a massive cannabis illicit market, despite the fact that it is perfectly legal (under state law) to sell cannabis if a business goes through the licensing process and complies with state and local laws. However, since the passage of the Medicinal and Adult-Use Cannabis Regulation Act (MAUCRSA), and the
In almost every litigation webinar we’ve done, and in many of our past posts discussing breach of contract (the general breakdown of this claim is here), we’ve stressed the importance of memorializing agreements in writing to save yourself from potential or protracted litigation down the line. Unfortunately though, we still get quite a few prospective
California's cannabis regime is set up to separate every point in the supply chain into different license types: cultivation, manufacturing, distribution, testing and retail sales, to name a few. Except for a few vertically integrated companies, virtually all cannabis businesses must rely on other companies in the supply chain to get products from farm to
