canna law blog

Avoid Hemp Litigation with a Real Agricultural Production Contract

As everyone knows by now the 2018 Farm Bill legalized hemp production by de-scheduling the crop under the Controlled Substance Act.  We’ve written extensively about federal hemp rules and regulations as well as those in California, Oregon and Washington. We’ve also addressed hemp in terms of  USDA Organic Certification, international trade issues, and the FDA stance on

canna law blog

Top Five Things to Know if You’re Building Your Cannabis Empire Through M&A

It’s no secret that multiple state-by-state operators are building their cannabis empires through aggressive mergers and acquisitions (“M&A”). Last year, our cannabis business attorneys closed more than $100 million in cannabis company acquisitions, and that shows no signs of stopping in 2019. Cannabis M&A is not your run-of-the-mill business dealing though, and working from boilerplate,

Oregon Cannabis Securities: Raising Money Right

The deals in Oregon cannabis are getting very big and much of what we do these days involves mergers, acquisitions and cross border work. It’s amazing this happened so fast. Less than four years ago, as the OLCC began writing rules for the adult use marijuana industry, there was a distinct small business tenor to

canna law blog

Oregon Cannabis Delivery: How to Enter the Market

In the past year or so, we have seen an influx of cannabis delivery businesses enter the Oregon market– specifically in Portland. Those businesses are getting a lot of press, and we have received multiple inquiries from outfits looking to enter this space. Given this growing interest, we thought we would go over some of

canna law blog

Industrial Hemp and the Banks: Slow Going

We have spilled a lot of ink on this blog related to the 2018 Farm Bill, which legalized hemp at the federal level. It’s huge news. And there are so many ramifications, from food law to trademarks to the financial services environment. This blog post is going to cover financial institutions and hemp at about

canna law blog

2019 Will Be a Banner Year for Cannabis Mergers and Acquisitions

We handle a lot of cannabis M & A in our Los Angeles, San Francisco, Seattle and Portland offices. Over the years, it’s become pretty clear that in robustly regulated cannabis states, the secondary market for buying and selling businesses really peaks (after initial legalization) as local and state governments finally begin to settle their

canna law blog

Starting a Cannabis Business: What Contracts Do You Really Need?

You can spend a lot of money on lawyers, accountants and consultants when starting a cannabis business. There is so much ground to cover from concept to execution– especially in a complex and highly regulated industry. Related to this issue, we have written on this blog about finding a team, and we have talked about

canna law blog

Cannabis Non-Compete Agreement? Send it Up in Smoke.

Marijuana has been legal in Oregon for about three years now. Employees with specialized skills are starting to jump ship and head to competitors. What do you do, as an employer, if a candidate for employment shows you a non-competition agreement they signed with their former employer? Typically, the former employer will go after the

canna law blog

Protecting Your Cannabis Copyrights (Yes, You Have Them)

Copyright is an aspect of intellectual property (IP) law less frequently considered by cannabis businesses than trademark, trade secrets or even patents it seems. Yet, like these other forms of intellectual property, copyrights can afford their holders with market dominance and profitability when utilized correctly. Almost all marijuana businesses own numerous unregistered copyrights, whether or

canna law blog

The Anatomy of a Cannabis Trademark TTAB Decision

We’ve written extensively about the dos and don’ts of filing cannabis-related state and federal trademarks, and we all know by now that you cannot obtain a federal trademark registration for goods or services that are not lawful pursuant to federal law. But I’ve heard a lot of creative arguments in this space, and have had many

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