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BREAKING: Is Cannabis an “Essential” Service under California’s COVID-19 “Stay At Home” Order?

At 5:30 p.m. yesterday, California Governor Gavin Newsom took a giant step forward in preventing the spread of COVID-19 by enacting a “Stay At Home” order (the “Order”) across the state, mandating that California state residents remain in their homes, except to fulfill “essential” needs. The Order is in place seemingly indefinitely as Newsom would

MLK Day

It’s MLK Day. Don’t Forget Cannabis is a Civil Rights Issue.

Happy MLK Day! For our international readers, Martin Luther King, Jr. Day is a federal U.S. holiday marking the birthday of its eponymous civil rights hero. Dr. King was the chief spokesperson for nonviolent activism in the Civil Rights Movement, which successfully protested racial discrimination in federal and state law. Dr. King was assassinated in

Owner and Financial Interest Holder Violations

On the Horizon: California “Owner” and “Financial Interest Holder” Violations

  California cannabis regulators are slowly getting into enforcement mode under the Medicinal and Adult-Use Cannabis Regulation Act (“MAUCRSA”). Ostensibly, enforcement to date has been around illegal sales and/or around the manufacturing of illegal products (like vape cartridges). It’s only a matter of time though before enforcement becomes more sophisticated around licensing, including the state

Risky Business: Cannabis Security Interests and Secured Transactions

As a corporate and transactional attorney focused mostly on cannabis, I see my fair share of financing documents and transactions involving cannabis operators. It’s no secret many cannabis businesses can’t get bank accounts or loans or lines of credit from financial institutions because of the Bank Secrecy Act and federal anti-money laundering laws — despite

USMCA Cannabis

USMCA and Cannabis Trade

Last week, amid the impeachment turmoil, President Trump and Democratic leadership somehow agreed on a landmark international trade agreement. The package is generally referred to as USMCA (U.S-Mexico-Canada Agreement), or sometimes as NAFTA 2.0. Although the White House has not yet released a final copy of USMCA, its contents are widely known. As expected, USCMA

Export Cannabis

How to Export Medical Cannabis Internationally

Over the past few years, our international trade team has advised a rapidly expanding suite of clients on import/export issues related to cannabis. We regularly advise clients on manufacturing overseas, hemp import/export issues, and customs. Currently, we are also working on heady questions surrounding international treaties and cannabis. One thing no one has hired us for yet,

Federal Antitrust Scrutiny and (Certain) Cannabis Deals

If you follow state-by-state legal cannabis legalization, you’re aware that despite the federal illegality of cannabis, certain federal agencies police the cannabis industry like they do any other legal industry. For example, the NLRB has been known to go after cannabis companies engaged in hostile workplace conduct and the Department of Treasury contemplates banking services to

canna law blog

Grading the Presidential Candidates on Marijuana: Overall Rankings

In a recent 13-part series, we reviewed the stance of each of the 2020 presidential candidates’ on marijuana, and we assigned each candidate a letter grade corresponding with our analysis. Our grading criteria is as follows: Current stance on marijuana: What have they recently said about marijuana legislation? When did they adopt this stance? We

canna law blog

Vaping Epidemic and Cannabis: What Cannabis Businesses Can Expect

Unless you’ve been living under a rock, you know that the U.S. is facing a vaping epidemic where consumers are potentially inhaling/ingesting very toxic chemicals in the form of vaporized nicotine liquid and THC oil. The Centers for Disease Control and Prevent (CDC), Food and Drug Administration (FDA), and state and local governments are still trying

canna law blog

Terrible, No Good California Cannabis Distribution Contracts

Since January 2018, distributors have played an interesting role in California cannabis. From a regulation perspective, dealing with a distributor is not optional. However, from the business decision vantage point, they’re not all that necessary. Still, some manufacturing and cultivation licensees opt to utilize distributors for sales and retail relationships with the distributor attempting to

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