local control cannabis federal

The Future of Cannabis Won't be Decided by the Feds. It's the Locals.

Nationwide, cannabis companies and advocates are hailing the Cannabis Administration and Opportunity Act as the savior of the future of cannabis (a copy of the bill is here). If the Act passes, we will finally have federal legalization and the consequences of the current federal conflict will end, or, at least be reversed in the

delta-8 thc hemp dea legal

Hemp Industries Association Urges Regulation, Not Prohibition, of Delta-8 THC

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

foreign company due diligence

Cannabis Due Diligence Mechanics and Red Flags

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

arizona social equity cannabis licensing

A Close Look at the Arizona Draft Social Equity Regulations

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

Cannabis and NFTS

Cannabis and NFTs: Collectible Art or Regulated Ads?

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"

cannabis transaction closing

Cannabis M&A and Real Estate Transactions: What is a Closing?

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 Cannabis Supply Chain Fees

California Cannabis Supply Chain Contracts: Fee-Shifting Provisions

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

cannabis business loi term sheet

Cannabis Transactions and Letters of Intent

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

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