We often write of the pernicious effects of the War on Drugs in the criminal law context as well as its harmful impacts on the hemp and (state) legal marijuana industries. This post turns to another issue resulting from federal illegality – the inability of a lawful permanent resident to petition for naturalization and and
Cannabis purchase order financing is gaining speed in the industry. Because of robust state regulation, high operational costs, high taxes, and the federal illegality of marijuana, a lot of cannabis businesses struggle financially in their day to day business operations. Approaches to this problem takes various shapes and forms across the industry. There are threats
Earlier this week, I canvassed the key cannabis bills enrolled at the outset of the Oregon legislative session. I mentioned that HB 4016 was sucking up all of the oxygen due to its Oregon cannabis license moratoria, including the retroactive moratorium on new producer applications effective January 1, 2022. That retroactivity concept came out of
From startups to multi-state operators, most cannabis businesses will engage legal counsel at some point. All of these companies – but especially smaller ones or less experienced ones – need to grapple with the question of what the role of a lawyer in cannabis deals will be. This can be a difficult question to answer.
Federal cannabis trademark litigation is a difficult proposition. In a recent case filed by Wunderwerks, Inc., a company that sells beverages infused with CBD and THC additives, we see another unfortunate example of this. Federal courts, at least, are still no friend to the cannabis industry. Wunderwerks had sued Dual Beverage Company LLC (“DBC”) in
I recently received a random marketing email in which I was greeted with the word “high” in place of the word “hi”. My first reaction was a long, visceral cringe. My second was the thought, “hey, if I – just a lowly cannabis industry lawyer and not an actual cannabis industry stakeholder – am so
Socially responsible and “sustainable” investing is picking up in popularity across retail and institutional investors alike. According to Wikipedia, “[i]n less than 20 years, the ESG movement has grown from a corporate social responsibility initiative launched by the United Nations into a global phenomenon representing more than US$30 trillion in assets under management.” When it
Last Friday, I spoke on a panel for the American Bar Association (ABA) in Denver. It was the first conference for the ABA’s new Global Cannabis section and the first live event I’ve done since COVID started. The panel discussed “Legal Ethics in International Cannabis.” My colleague Adams Lee participated too, but on another panel
Legal representation in disputes with insurers has become paramount for cannabis companies in an ever-expanding operational environment. Cannabis companies may seek to insure against risk of loss as a result of challenges such as unexpected fires, crop protection, business interruption, or adverse consumer reactions to products. In many instances, cannabis companies are even required to
Some readers may be surprised to realize that a lot of cannabis stakeholders actually don’t want broadsweeping federal legalization. Why? Because they know it means that they’ll instantly be competing with well-established companies that are already masters of economies of scale, branding, marketing, and consumer sales, and their market share will shrink or be eliminated
