canna law blog

Much Ado About RICO

Our Oregon lawyers have been fielding many questions regarding a recent civil RICO complaint filed in the federal court in Portland, Oregon styled as McCart v. Beddow et al. This case was filed on the heels of the Safe Streets decision out of Colorado that we discussed recently, and was clearly heavily influenced by that decision. You

canna law blog

California Commercial Cannabis: Leases

Arbitration Versus Litigation We’ve written previously on arbitration and why it so often makes sense for cannabis business contracts, primarily because of enforceability issues stemming from cannabis being illegal under federal law. But in the realm of commercial real estate leasing, cannabis uses can present other unique challenges that require thoughtful solutions to disputes, and, more importantly,

canna law blog

BREAKING NEWS: California Passes SB 94 Regulating Medicinal and Adult Use Cannabis

The California Legislature today passed Senate Bill 94, which effectively repeals the Medical Cannabis Regulation and Safety Act (“MCRSA”) and incorporates certain provisions of the MCRSA in the licensing provisions of the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA” aka Proposition 64). As we’ve covered extensively, draft rules for the MCRSA dropped

canna law blog

Oregon Cannabis Company Acquisitions

We have begun to see an increase in consolidation throughout the Oregon marijuana industry. Large companies from other states are moving in, and Oregon companies are buying each other’s assets or stock and integrating to form verticals. In business parlance, we have entered the scaling portion of the inevitable consolidation curve. Cannabis Company Acquisition Generally

canna law blog

They Said It On Marijuana, Quotable Saturday, Part CLXII

Of course Jesse Ventura is right. Cannabis is both an invaluable resource medicinally and a boost for the economy. Cannabis generates huge tax revenue (which will only continue to increase), and creates a vast number of jobs. It has been projected that by 2020, the cannabis industry will have created a quarter of a million jobs, and

canna law blog

BREAKING NEWS: City of Los Angeles Releases Draft Regulations for Marijuana Businesses

The long-awaited proposed regulations under Proposition M for L.A.’s current and future medical (and recreational) marijuana operators are finally out. The 51 pages of initial regulations (that are now in a 60-day public comment period) cover the governance of cultivators, manufacturers, distributors, testing facilities, transporters, retailers, and microbusinesses in significant detail under Proposition M. If you

canna law blog

Jury Nullification Is a Real Thing and You Should Know About It

We are business and corporate lawyers, not criminal lawyers. This means we know enough about the law to tell someone when he or she may need criminal defense services, but we do not provide those services. Still, the specter of federal criminal charges is ever-present in the cannabis industry. When cannabis clients ask us about

canna law blog

California Cannabis NIMBYs and Land Use Disputes

California is in the process of transitioning from its gray market of medical cannabis collectives to a full-blown, heavily regulated regime under the Medical Cannabis Regulation and Safety Act (“MCRSA“). At the end of April, California dropped more than 200 pages of regulation for retailers, distributors, transporters, manufacturers, and cultivators, and it’s now taking public comment on the initial

canna law blog

Cannabis Startups 101: Securities Compliance

Like tech startups, or any new business, cannabis startups need investment. Though most tech startups are organized as corporations, with the ultimate goal of acquisition or IPO, cannabis businesses are more often (but not always) organized as LLCs. But cannabis startups too often fail to realize that if they are seeking investors, they are probably