California's three cannabis agencies--the Bureau of Cannabis Control (BCC), California Department of Food and Agriculture (CDFA), and California Department of Public Health (CDPH)--aggressively regulate every aspect of the state's licensed cannabis industry. Most of the agencies' rules make sense or have some justifiable purpose. Today, I want to talk about some of the rules that
The California legislature is considering a new law (AB-1639) that, if passed, would restrict how cannabis vape products are made and sold. AB-1639 would change California law for tobacco and cannabis businesses (for the purposes of this post, we'll just focus on the cannabis side of the law), and would effectively prohibit almost any kind
In the most basic terms, offering fraud occurs when a person (or entity) makes material misrepresentations or omissions to potential investors in a new company (most commonly, promising those investors large “guaranteed” returns on their investments). Offering fraud cases have become more prominent in recent years, and it looks like the U.S. Securities and Exchange
State legal cannabis businesses are used to the specter of the federal government in the rear view mirrors of their lives and businesses. Unless you've been living under a rock, you know that cannabis remains federally illegal. And it's not so much the case anymore that the Drug Enforcement Administration (DEA) or Department of Justice
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
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.
The City of Los Angeles is no stranger to change and struggle around its local cannabis industry. Since the passage of Proposition M back in 2017, the City has made great strides but also suffered significant setbacks in building its licensed cannabis marketplace. Even through the COVID-19 pandemic, this trend continues for Los Angeles and
In this post, I want to explore something very significant that a lot of people gloss over when reviewing contracts: non-compete clauses. Non-compete clauses are exactly what they sound like: they prohibit one party from competing with another. A common example of a non-compete is in an executive employment agreement, where an executive of a
It's been a while since we've written about the unfolding cannabis licensing situation in the City of Los Angeles, and a lot has happened. For some background on LA’s complicated licensing process, it has proceeded to date in multiple “phases” administered by the Los Angeles Department of Cannabis Regulation (“DCR”): The first phase was limited to
In my ten years of advising and guiding cannabis companies from a corporate, transactional, and M&A perspective, and especially since 2012 (when Washington and Colorado legalized), every cannabis market in which I've worked has experienced a period of extensive business failures, consolidations, and market stress. And it's that time now for California cannabis (and that
