canna law blog

Cannabis IP Licensing: It’s Complicated

Whether they realize it or not, every single one of my law firm’s cannabis clients owns some sort of intellectual property. And for those clients who do realize it, most of them seek not only to protect it, but to exploit and monetize it. Even our clients without well-developed brands are regularly solicited by companies

canna law blog

Oregon Marijuana Production: Terms, Tiers and Really Big Grows

Under Oregon’s new recreational marijuana program, many of the people we used to call marijuana growers will soon become licensed “producers.” The medical program growers will still be “growers,” unless they apply to become producers, in which case those producers would remain subject to OHA grow site limitations (that is, unless the producer-licensed premises ceases

canna law blog

Foreign Investors in the U.S. Cannabis Industry Face Their Own Special Risks

The cannabis industry has always been international. Our first cannabis client was actually a Dutch company that hired us years before either Colorado or Washington had legalized. This client hired us to figure out what it would need to do as a foreign company investing in a U.S. cannabis business in a cannabis industry which

canna law blog

Equity Compensation for Cannabis Employees

Several months ago, we wrote about different ways to reward employees with equity in marijuana businesses. Since then, various other publications have written similar pieces. But there are some lingering challenges associated with cannabis businesses as they attempt to lure and incentivize high-performing employees. Primarily, the complex regulatory systems maintained by the various cannabis-legal states

canna law blog

Legal vs. Illegal Cannabis

In most states with legal cannabis, an illegal cannabis market still flourishes. In many of those states, a large chunk of growing, processing, selling and buying still occurs outside the regulatory system. The illegal market for cannabis stretches across the nation and impacts both states with and without legal cannabis. Before legalization, all cannabis was

canna law blog

Oregon Marijuana: Draft Rules for Labeling, Concentration and Testing

Last week, the Oregon Health Authority (OHA) issued temporary draft rules on marijuana labeling, concentration and testing. The rules are here and here. Like the Oregon Liquor Control Commission’s (OLCC) draft rules issued the same day (for the recreational program), the OHA rules are being promulgated pursuant to House Bill 3400, last summer’s omnibus marijuana

canna law blog

California’s New Medical Marijuana Laws: What You Need to Know Now

This past Friday I chaired a “Medical and Recreational Marijuana in Southern California” seminar in Santa Monica. During the seminar, Governor Brown signed into law the three bills that comprise the California Medical Marijuana Regulation and Safety Act (MMRSA). Needless to say, this was big news for all of us at the seminar. This is

canna law blog

BREAKING NEWS: Oregon Recreational Marijuana Draft Rules Arrive

The Oregon Liquor Control Commission (OLCC) finally issued its draft rules yesterday for Oregon’s recreational marijuana program. The rules weigh in at a hefty 70 pages and you can find them here. In an accompanying release, the OLCC cautioned that “draft rule language is subject to change and should NOT be used as basis for

canna law blog

The Suquamish Marijuana Compact: First in the State, First in the Nation

The Suquamish Tribe and the State of Washington recently signed and entered into the first ever marijuana compact to allow a Native American Tribe to cultivate, process, and sell marijuana within a state’s highly regulated marijuana system. The Tribe’s own marijuana regulations have not been disclosed to the public. We previously blogged about how Washington was the first state to adopt

canna law blog

Marijuna Legalization and Marriage Equality: Similar but Different

Multiple times, the trajectory of marijuana legalization has been compared to the repeal of alcohol prohibition in the 1930s. Many policy experts and marijuana industry hopefuls believe marijuana is following the same pattern as alcohol where the states, just as they did with alcohol, start with medical regimes and slowly opt out of federal prohibition altogether,