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

unsubstantiated claims

CBD Companies Beware: FTC Threatens Civil Penalties for Unsubstantiated Claims

FTC Warning letters Marketing CBD products is a challenge. For years we've written about risks associated with making health-related claims in marketing. But there's another avenue that the federal government doesn't like: unsubstantiated claims. Last week, the Federal Trade Commission (FTC) decided to ratchet up enforcement and sent out warning letters to nearly 700 companies

germany cannabis legalization

Germany Unveils Sweeping Cannabis Legalization Plan

European Union member states tend to be very conservative when it comes to cannabis legalization. With a few exceptions, most member states prohibit cannabis altogether. Other countries decriminalize cannabis and a handful have adopted modest medical marijuana programs. Germany, the EU's biggest economy and arguably most influential nation, has been on the path towards recreational

vape liquid

Minnesota Supreme Court Reverses Vape Liquid Conviction

As Minnesota approaches the legalization of marijuana, the Minnesota Supreme Court has just ruled on a case we covered in September 2021.  The case involves the difference between hemp and marijuana and a state prosecutor’s burden to prove what side of the line a leafy or liquid cannabis substance falls. As we explained two years

SEC Rule 504 Exemptions in Cannabis Offerings

Are 504 Private Placement Security Offerings Allowed in Cannabis Businesses?

We’ve written regularly about the plight of cannabis businesses not being able to secure traditional lending (and other financial services) from major, federally regulated institutions. In this post, we dive deeper into a promising federally regulated equity offering as an alternative funding means: Rule 504 under Securities and Exchange Commission (“SEC”) Regulation D. Why aren’t

cannabis company dissolve

How to Dissolve a Cannabis Entity

The cannabis industry is in dire straits, perhaps even in a recession. Cannabis businesses cannot seek standard bankruptcy protections and are looking for creative ways to deal with the distressed market. As companies look to shake off unproductive assets, our cannabis group has fielded tons of inquiries about how to deal with depressions in the

twitter cannabis advertising

Twitter to Allow Some Cannabis Advertising

Until recently, all of the "big" social media companies banned U.S. companies from cannabis advertising on their platforms. At the same time, they imposed pretty unclear and inconsistent requirements on hemp advertising (in this post, when I refer to "cannabis" I mean only "marijuana" consistent with many states' definitions of the term). All of this

new Oregon cannabis rules

Reviewing the New Oregon Cannabis Rules

In November 2022, the OLCC adopted and amended a suite of cannabis rules that became effective January 1, 2023. You can download the changes here and read our previous coverage of many of these changes here, here, here, and here. Now that Oregon's new cannabis rules are effective, let’s take a look at some of

california cannabis

A Look Back at California Cannabis in 2022

The year 2022 was a busy one for the California cannabis industry, with everything from tax reform to the beginning of enforcement. In this post, I'll go back through some of the highlight's for California's cannabis industry last year. California hints at enforcement? Anyone who knows anything about California cannabis knows that the regulators simply

LA cannabis

Los Angeles Cannabis Audit: Problems, Problems, Problems

On December 1, 2022, the Los Angeles Controller released a report (PDF here) with a pretty lame pun as a name: "High Maintenance: Review of the City's Cannabis Regulation Efforts." While the report's name is bland, it reveals the pretty dire state of Los Angeles's cannabis regulation and licensing. Since opening up for licensing, LA

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