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Canna Law Blog

California Cannabis: Non-Compete Clauses are Almost Never Enforceable

In this post, I want to explore something very significant that a lot of people gloss over when reviewing contracts: non-compete clauses. Non-compete clauses are exactly what they sound like: they prohibit one party from competing with another. A common example of a non-compete is in an executive employment agreement, where an executive of a

Cannabis insurance
Canna Law Blog

Anatomy of a Cannabis Insurance Policy

The Basics of a Cannabis Insurance Policy Insurance in the cannabis industry is big business, and business owners need to know what policies are available and what those policies cover. Why? Because in insurance policies, like all other business contracts (e.g. leases), the risk of a business venture is divided between the contracting parties. Your

canna law blog
Canna Law Blog

Border Woes: Transporting CBD into Canada is Not OK

In a recent tweet, the Canada Border Services Agency (CBSA) reminded us that transporting CBD oil into Canada remains illegal. While in most places south of the 49th parallel what CBSA has to say is of little consequence, it certainly matters here in Washington State, where you’re never too far away from the Canadian border.

canna law blog
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
Canna Law Blog

Weedmaps Dodges Class-Action Lawsuit by Implementing New Advertising Policy

Weedmaps, a major online pot shop directory and cannabis marketplace, announced last week that it will finally no longer allow black-market businesses to advertise on its site. Weedmaps’ announcement follows months of complaints from licensed cannabis businesses of harm caused by Weedmaps’ inclusion of ads for unlicensed companies – namely, that allowing such companies’ product

canna law blog
Canna Law Blog

Six Ways California Can Combat the Cannabis Illict Market

California’s illicit market for cannabis is booming—not just out in remote grows deep in the wilderness, but also in delivery and even brick-and-mortal retail stores in big cities all over the state. Our California cannabis attorneys regularly receive questions from licensed cannabis companies about what they can do to stay competitive in the face of

canna law blog
Canna Law Blog

FDA Enforcement Against Hemp-CBD Products Has Begun

On January 3rd, according to the owner of a smoke shop in Yuma, Arizona, officials from the Food and Drug Administration (FDA) seized a variety of CBD products from the store’s shelves. The officials took fewer than fifty items and told the owner to anticipate follow-up paperwork within seven to ten business days. According to

canna law blog
Canna Law Blog

Phase II Licensing and Social Equity in the City of Los Angeles

Cannabis licensing in the City of Los Angeles has been a slow go. Though the City’s Department of Cannabis Regulation (“DCR”) has licensed 155 Existing Medical Marijuana Dispensaries (“EMMDs”) there is still an entire line of existing cultivators and manufacturers, social equity applicants, and general public applicants waiting their turn for cannabis entitlements. The City announced

canna law blog
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

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Psychedelics Law Blog

Can Ketamine Clinic MSOs Succeed?

A few months ago, I wrote a post entitled “Making Money in the Psychedelics Industry Will be Harder than Cannabis.” The post was focused mostly on hardships that state-legal psilocybin businesses will face in places like Oregon and Colorado, where I think the deck is heavily stacked against them. Today I want to examine a