For the past year, my colleagues and I have written extensively on the murky legality of Delta-8 tetrahydrocannabinol (THC). We have covered everything from the Drug Enforcement Administration (DEA)’s position on “synthetically derived THC” to the growing number of state bans. You can read more on these issues here: R.I.P Delta-8 THC DEA Interim Final
For years and years, our cannabis lawyers have assisted with due diligence on all kinds of cannabis transactions from sole proprietorships to public companies. So that means we are intimately familiar with the mechanics of how the due diligence process works on a series of different transactions, and that we have seen all kinds of
The Arizona Department of Health Services (the “Department”), which is the cannabis regulatory authority in Arizona, released the draft regulations for the Social Equity Opportunity Program (“SEOP”). Click here to view the draft regulations. Under the SEOP, Arizona will issue another 26 licenses. As set forth in the Arizona Revised Statutes (“A.R.S.”), the SEOP regulations
Back in 2015, when I was a regular columnist for Above The Law, I wrote a piece called "Cannabis Advertising: Is Pot Obscene?". That article focused on general speech issues around cannabis ads. We've also written over the years about how various social media platforms broadly prohibit pretty much any speech with the word "marijuana"
Virtually any time that there are transactions involving cannabis company mergers, cannabis company acquisitions, or cannabis real estate sales, and in many cases involving the sale of assets of a cannabis company, the parties are likely to encounter a concept called "closing" in their purchase agreements. Closing isn't necessarily unique to purchase and sale situations
California’s cannabis regime is set up to separate every point in the supply chain into different license types: cultivation, manufacturing, distribution, testing, and retail sales, to name a few. Except for a few vertically integrated companies, virtually all cannabis businesses must rely on other companies in the supply chain to get products from farm to
It's common in many different kinds of cannabis contract negotiations for the parties to execute a document early in the stages of negotiations that is often called a letter of intent (or LOI), but can also be called a term sheet. LOIs are used in most real estate and M&A transactions, but can be used
Florida officials are on "high alert" as THC edibles "are making their way into the hands of children and teens." Of particular concern is the fact that the goods in question "bear a striking resemblance to ordinary candy." An image shared by the Charlotte Country Sheriff's Office shows bags prominently featuring the trademarks of well-known
Although Americans, and citizens of certain states in particular, have a reputation as a litigious bunch, the reality is that very few civil lawsuits actually go to trial. The vast majority of cases—perhaps more than 90%—end in settlement. This is certainly true in my practice and for most attorneys I know who specialize in business
As reported by Hemp Grower magazine, Senator Rand Paul of Kentucky introduced legislation on December 15 that would amend the definition of hemp from .3% THC to 1% THC. The bill would also make other major changes to the USDA’s interim final rule, which would affect hemp growers, processors, manufacturers, and shippers. The legislation is
