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,
Yesterday, we wrote about the various ways that enforcement of federal cannabis laws could ensue, if the current administration were bullheaded enough to attempt such a thing. The day before, we wrote about the Washington State Attorney General’s promise to fight any potential enforcement action. Today, we offer a brief primer on what rights the
So you went and started a cannabis business. Congratulations! Now, here’s a question for you: what’s it worth? And if you don’t mind us asking: how did you make that determination? Is it supportable? Recently, we have written about the future of cannabis funding and the basics of investment rounds. The valuation question looms large
The Supreme Court of the United States (SCOTUS) today issued a decision rejecting Nebraska and Oklahoma’s challenge to Colorado’s marijuana legalization. By a 6-2 vote, the Justices denied Nebraska and Oklahoma’s motion for leave to file a complaint, without providing an explanation. The Court’s two most conservative Justices, Justices Clarence Thomas and Samuel Alito Jr., filed
Earlier this week, Federal Judge Kimberly Mueller denied a motion to declare unconstitutional marijuana’s listing as a Schedule 1 drug. Schedule I drugs have no recognized medical value, have a high potential for abuse, and cannot be safely administered even under a doctor’s supervision. To put it bluntly, no sane person believes any of those things. We
Our cannabis lawyers been asked several times in the past couple of weeks whether we have any opinion on a Washington Superior Court decision that came out earlier this month that grappled with the interplay of government regulation and commercial free speech. There’s no copy of that Superior Court opinion available online, but in this
“Not in My Back Yard,” or NIMBY, seems to be the word of the day for the marijuana industry and this is not a good thing. With legalization taking over state by state, NIMBY neighbors are coming out in large numbers to go after marijuana businesses. NIMBYs can be aggressive and, in our experience, will
Marijuana business owners need to be mindful of products liability laws and how they pertain to defective cannabis products. Though most state’s product liability laws favor those not directly involved in manufacturing a defective product, there are circumstances under which retailers can be held liable for a defective product, even without any knowledge of the
