canna law blog

Five Common Problems in California Cannabis M&A Transactions

Now that we’re about two years into California cannabis licensing, our California cannabis attorneys are seeing a huge uptick in mergers and acquisitions in the cannabis space. It’s critical for potential M&A transactions to understand California cannabis laws and regulations and ensure that any M&A contracts are drafted with the regulations in mind. This is

canna law blog

Terrible, No Good California Cannabis Distribution Contracts

Since January 2018, distributors have played an interesting role in California cannabis. From a regulation perspective, dealing with a distributor is not optional. However, from the business decision vantage point, they’re not all that necessary. Still, some manufacturing and cultivation licensees opt to utilize distributors for sales and retail relationships with the distributor attempting to

canna law blog

California’s Right to Farm Laws, Pesticide Drift, Wine and Weed

California, like other states, has a Right to Farm Act that is intended to protect agricultural activity, and many counties have their own local right to farm ordinances as well. California’s Right to Farm Act provides: “No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent

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

An Update on California’s Proposed Hemp and CBD Laws

California’s legislature introduced a potentially game-changing hemp-derived cannabidiol (“Hemp CBD”) bill in January 2019: Assembly Bill 228 (“AB-228”). For those of you who aren’t familiar with AB-228, see my posts here, here, here, and here. AB-228 would change California’s anti-Hemp CBD policies, and the highlights of some of the more significant changes from the recent version are: Licensed cannabis companies

canna law blog

The Biggest Pitfalls of California Cannabis Leases in 2019

We’ve written many times about how commercial leases to cannabis tenants are their own beasts. Generic leases don’t ever the job done. And, in California, as bad as some landlords want to rely solely on AIR and CAR forms, we generally caution landlords to have a customized lease arrangement when dealing with a cannabis tenant.

canna law blog

Hemp-CBD Across State Lines: California

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

California is Poised to Pass a Landmark Hemp CBD Law

California is on the brink of legalizing hemp-derived cannabidiol (“Hemp CBD”) in many products—well, sort of. The law at issue is Assembly Bill 228 (“AB-228”), and I’ve been writing about it since it was introduced in January 2019 (for my posts on it, see here, here, and here). As of today, it’s made its way

canna law blog

ICYMI: California Cannabis Provisional Licenses Are Given New Life

On July 1, Governor Newsom signed into law AB 97 and SB 97, which combined, extend the life and power of provisional cannabis licenses, giving much needed relief to licensees sitting on temporary licenses that were about to expire and/or that are awaiting their provisional licenses to issue in the face of massive red tape

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