The impact on Delta-8 THC ("D8") of AK Futures v. Boyd Street Distro, a 2022 Ninth Circuit decision, has been widely exaggerated. As my colleague Griffen Thorne explains: What AK Futures actually did was affirm a preliminary ruling in a trademark dispute where legality of delta-8 products was one of a number of issues at play. In order to
El 2024 va a ser un año de locos para las empresas del sector del cannabis y los inversores. Entre otras muchas cosas, habrá elecciones generales, una posible reclasificación a la Lista III de la Ley de Sustancias Controladas (CSA), una próxima Ley Agrícola que podría replantear la forma en que se regulan el cáñamo y los productos derivados del cáñamo, y tal vez incluso alguna legislación federal sobre el cannabis.
One of the most persistent and common failures in the cannabis industry is using handshakes instead of written cannabis contracts. This is an issue I've written about for years (most recently here), and it doesn't seem like there has been much of a willingness to change. A lot of companies would like to move into
You may think that due diligence is something reserved for business or real estate purchases. But due diligence is also a must for lenders in cannabis loan transactions. I recently wrote a post about what borrowers can look forward to in cannabis loan transaction. Today I want to do a deeper dive into due diligence
Welcome to the eighth annual “State of the State” post on Oregon cannabis. Last year was memorable for Oregon the industry, pockmarked by OLCC scandal, heavy regulatory swings, and even marquee litigation. We also saw the state's first very-large-business failure, more trade association consolidation, and other altibajos as my mother-in-law might say. Let’s go! Sales
Nondisclosure agreements (sometimes abbreviated, "NDAs") are some of the most important agreements a company can sign. At the same time, they can be some of the simplest agreements to get in place. Today I want to do a deeper dive into nondisclosure agreements, what they contain, and why they are important. What is a nondisclosure
Cannabis real estate transactions can be notoriously complicated - much more so than your average real estate deal. On January 9, 2024, I'll be speaking on a panel called "Navigating Real Estate Issues Impacting the Cannabis Industry" for the Los Angeles County Bar Association, where my co-panelists and I plan on touching on many of
Me topé con esta entrada reciente de Jason Paltrowitz titulada «Legal pero horrible: el ciclo de salidas a bolsa de las empresas de pequeña capitalización». Contiene algunas conclusiones interesantes y me gusta todo lo que dice sobre las empresas de cannabis, excepto la conclusión. La conclusión es que los mercados OTCQX y OTCQB son una buena alternativa a las principales bolsas estadounidenses para las pequeñas empresas. El
Cannabis companies that need more money than they can generate through sales generally have two options: borrow money (debt) or solicit investments (equity). Over the years as the industry has constricted, equity finance became less of an option. I recently predicted that equity investment will reignite when cannabis is rescheduled. But that hasn't happened yet,
One of the main reasons why I am such a vocal supporter of written cannabis contracts is allocation of risk and liabilities. Parties to a cannabis contract have a number of ways that they can allocate risks and liabilities that they just won't have in a "handshake" deal. Today I'll explore six of the top
