The hemp industry faces its biggest shake-up since 2018 Effective November 13, 2025, Congress fundamentally rewrote the laws governing hemp in America. Buried within the government funding bill (starting at pg. 64) is language that will reshape the entire hemp industry, including a critical shift in how marijuana seeds are treated under federal law. See
Effective August 1, 2025, the New Mexico Environmental Department (NMED) issued emergency amendments to New Mexico’s Hemp extraction, production, transportation, warehousing, and testing administrative code. These amendments were created to address concerns with the production and use of synthetic hemp cannabinoids found in finished products. The primary goal of NMED appears to be the protection
With so much discussion around the potential rescheduling of marijuana to Schedule III under the Controlled Substances Act (CSA), we must have an honest conversation about what such a move will—and more importantly, won’t—accomplish. Let me be clear: marijuana absolutely needs to be removed from Schedule I. In fact, it should not be scheduled at
A lot of people want to save a buck during contract negotiations. These folks usually do not not use a lawyer for drafting term sheets or other initial matters. Sometimes, this can work out well. For bigger or more complicated deals, or for deals with a difficult opponent, this can be a bad idea. Let’s
I have spent a lot of time engaging with clients who are dealing with cannabis investors on the front and back end of investments. I work with companies and investors– from idea inception to litigation. The suite of investors runs the gamut from friends and family, to key employees, executives, and board members with equity
It’s common for companies in all industries to use social media “influencers” to promote their goods and services online. Influencer advertising in the cannabis industry is a particularly risky idea, because paid advertisers need to comply with all cannabis marketing and advertising rules. These rules are beasts of the applicable state regulations on cannabis products
In cannabis contract negotiations, it’s common for the parties to execute an early-stage document called a letter of intent (“LOI”). An LOI may also be called a term sheet; naming it one over the other has no legal significance. I love these little agreements and today I will tell you why. LOIs are used in
I don’t know how it came to be, exactly, but I’ve spent countless hours of my adult working life aiding due diligence on cannabis transactions. These transactions involve all kinds of companies, from sole proprietorships to public companies, and a variety of deals–from leasing, to financing, to good old M&A. Today, I’ll cover how diligence
Understanding Trademark Strength We frequently discuss the cannabis-specific challenges that brands face when seeking trademark protection. But it’s just as important not to lose sight of the core trademark principles that apply to all businesses—especially the need for a strong, distinctive mark. Clients often approach us with catchy, creative names that, unfortunately, are (or are
Cannabis businesses are usually structured as limited liability companies (LLCs)—and for good reason. LLCs offer far more flexibility than corporations, which are bound by rigid governance rules. To take advantage of this flexibility (and for many other reasons), LLC owners—called members—need a well-drafted operating agreement. Below, we look at a few critical reasons why cannabis
