california cannabis receivership

Cannabis Receiverships Are Coming to California

California’s cannabis industry is a mess. Between the rampant illegal market, onerous taxation, unnecessarily complicated regulations, debt defaults, and a host of other factors, things have never been worse. Businesses big and small are imploding. Without federal bankruptcy protection, the best tool available to insolvent and nearly insolvent companies is gone. So we’re going to

cannabis tax

Cannabis Taxation is Theft

Whether you’re the kind of person who wants to End the Fed, or the kind of person who wants to tax the rich like a Scandinavian nation, you’ll probably agree on one thing: cannabis taxation is a problem. And it’s not just a small one. It’s theft. If I (or basically anyone else) had to

illegal cannabis market

California Gives Up on the Illegal Cannabis Market

California has the biggest legal cannabis market in the world – it’s a larger economy than some small nations. But while the Golden State’s regulated market is massive, it’s illegal market is far bigger. California has a big illegal cannabis market problem Back in 2019, I quoted reports that there were 3,000 illegal businesses in

distribution license

It’s Time to End California Distribution Licenses

California’s cannabis laws are a textbook example of what a state shouldn’t do. And one of the best examples of this is California’s distribution licenses. These licenses were unnecessary from the get go, and the recent developments have only made that reality more apparent. It’s time for the state to end distribution licensing and simplify

california cannabis credit crunch

California Cannabis Credit Crunch

The California cannabis market is truly struggling all the way around. Cannabis businesses and those who work with them closely face mounting financial pressure. Because of the credit crunch in California cannabis, the state and various impacted distributors and brands are taking steps to help shore up the issues created by cannabis companies that can’t

default judgment

Cannabis Litigation: Defaults and Default Judgments

One thing to know about litigation is that timing is everything. Many clients that come to us are unaware that the process of litigating is governed by a series of statutorily-defined deadlines and schedules. Failing to abide by those deadlines can have huge effects on a litigant’s position in a lawsuit. One of the worst

subpoena

Cannabis Litigation: A Primer on Subpoenas

A “subpoena” is used in cannabis litigation (or any litigation) when third-party witnesses or documents become necessary for a lawsuit. Over the years, we’ve seen the need for subpoenas come up in a variety of contexts. Below is a primer on what to do as a recipient of one: What is a subpoena? There are

california cannabis contracts

Will California Soon Police Cannabis Contracts?

We recently wrote a post entitled, “Cannabis Collections Headaches and What to Do.” In it, she discussed a problem that’s been plaguing California cannabis businesses throughout: distributors and retailers that don’t pay their bills. Towards the end of the article, she mentioned a piece of proposed legislation to address the problem, AB 766, which would

cannabis collections

Cannabis Collections Headaches and What to Do

On this hallowed 4/20, while consumers and businesses celebrate cannabis near and far (which is great!), it’s important to be mindful that the cannabis industry is getting financially pummeled nationwide. For the cannabis companies able to survive this rocky time, cannabis collections are becoming an increasing headache as other cannabis businesses fold and/or just ignore

cannabis bankruptcy

New Opinion Confirms Growing Trend Away from “Zero Tolerance” Cannabis Bankruptcy Relief Policy

As those in the cannabis industry are fully aware, the option of bankruptcy has not been available to cannabis or many cannabis-adjacent businesses to date. The courts have consistently indicated debtors who work in the cannabis industry or derive meaningful income from cannabis activity (directly or indirectly) cannot use bankruptcy, a federal mechanism, so long