aspergillus

Oregon Cannabis: CIAO Wins Round One on Aspergillus Testing Rule!

Oregon marijuana growers dreading the new aspergillus testing rule can exhale (for now). That’s because on Friday, August 25, the Oregon Supreme Court stayed enforcement of the new aspergillus testing rule pending a final hearing on the merits. This is a big deal! Kudos the Cannabis Industry Alliance of Oregon (CIAO) and the co-petitioners who

writ of attachment

Protecting Yourself in Cannabis Litigation: The Writ of Attachment

On the heels of my last post discussing the limited situations under which a lawsuit can be filed against a cannabis business owner, today’s post will kick off a series of other ways you can protect yourself and exert leverage in a lawsuit. This is a key question as so many in the cannabis industry

chalice

Chalice Receivership Update: Weak Market, Insiders Pounce

I’ve been writing about the Chalice receivership process since late May, when Chalice Brands Ltd. (OTCMKTS: CHALF) filed an Oregon Circuit Court complaint. In that Oregon lawsuit, Chalice brought claims against five local subsidiaries to drive them into receivership, claiming some $35 million owed. The lawsuit was orchestrated with a parallel Canadian proceeding. Up north,

cannabis company

Can I Sue the Owner of the Cannabis Company Personally?

The cannabis industry is hurting right now, and most everyone is feeling it. As new and old clients consider pursuing breach of contract and other claims against cannabis businesses that are failing, one question seems to come up again and again: can we sue the owner(s) of the cannabis company personally for the company’s failures

aspergillus

Oregon Cannabis: Industry Groups File Suit Challenging Aspergillus Testing

In March of this year, the Oregon Health Authority (“OHA”) promulgated a new rule that required testing marijuana for certain microbiological contaminants, including for aspergillus. We wrote about this rule not long after noting that aspergillus—a type of mold that can cause a skin cause a condition called aspergillosis when inhaled or introduced through a

california cannabis receivership

Cannabis Receiverships Are Coming to California

California's cannabis industry is a mess. Between the rampant illegal market, onerous taxation, unnecessarily complicated regulations, debt defaults, and a host of other factors, things have never been worse. Businesses big and small are imploding. Without federal bankruptcy protection, the best tool available to insolvent and nearly insolvent companies is gone. So we're going to

cannabis litigation

Cannabis Litigation to Watch

As the cannabis economy tanks (with the exception of states that just came online for medical and/or adult-use), cannabis litigation is picking up. Most of this litigation revolves around partnership disputes, unpaid bills, breached contracts, and solvency. All cannabis entrepreneurs and businesses should be mindful of cannabis litigation trends, especially in these lean times. To

oregon cannabis

Oregon Cannabis Round-Up: Chalice Receivership, New Tax Rules, New Laws

It’s been an eventful month in Oregon cannabis. Below are some early summer notes on three things we’ve been doing and watching and writing about. The Chalice receivership I covered this last month as the ship was going down. Today, the Oregon receivership is well underway and we're getting regular notices. It hasn't been smooth

marijuana rescheduling income tax

New Rules: Oregon Cannabis Retailers Must Certify Tax Compliance

On June 15, 2023, the OLCC approved temporary rules requiring marijuana retailers to obtain a Certificate of Tax Compliance (“Certificate”) from the Oregon Department of Revenue (“DOR”) as a condition for acquiring or renewing a marijuana retailer license, as well as for changes of ownership and adding someone to a license.  These new rules resulted

new york cannabis variscite

New York Cannabis: The Variscite Injunction is Lifted

The news tricked out slowly, then all at once: New York has settled the Variscite litigation, and the injunction prohibiting Conditional Adult-Use Retail Dispensary (CAURD) licenses in the Finger Lakes region has been lifted. The settlement was approved during the Cannabis Control Board (CCB) meeting on May 30, 2023, paving the way for new CAURD

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