Back in 2014, we wrote that bankruptcy is not an option for marijuana businesses. That issue has been litigated here and there since then, but as of today, cannabis businesses are no better off than before. The hard reality is this: all bankruptcy cases are handled in federal courts under rules outlined in the U.S. Bankruptcy Code. Those courts have held
In 2015, Washington passed Senate Bill 5052, which allowed medical marijuana patients and their designated providers to grow cannabis plants for personal medical use and band together to form medical marijuana cooperatives. That bill did not provide a legal pathway for cooperatives, medical marijuana patients, or designated providers to acquire plants. It also did not allow
My law firm represents a large number of cannabis operators in Oregon, Washington and California. Some of these operators own the land they trade on; others simply lease. Whenever we are lucky enough to meet the client before the onset of cannabis activity, our first question is often whether the target property is mortgaged, or
Maybe you didn’t know it when you voted for or against I-502, but it was inevitable that its passage would cause Washington State to examine its unregulated and unaccountable medical marijuana program, especially in light of the 2013 Cole Memo. And you may have been surprised when the Evergreen State decided last year to throw all
Last week, the Washington State Liquor and Cannabis Board (“WSLCB”) very quietly adopted a proposed rule that will allow out of state individuals and entities to finance marijuana businesses within Washington State. Sort of. In Out-of-State Investment in Washington’s Marijuana Market, we wrote how many cannabis industry stakeholders wrongly believed the WSLCB had already adopted new out of state financing
This is our first installment in what will be an intermittent state by state series on “The Top Ten Things to Know to Start a Cannabis Business.” We figured we would start with Washington State because that is where our cannabis business lawyers got their start back in 2010. Washington recently combined its medical and
Thinking about flying with cannabis on your next vacation? In most cases, you better find an alternative because you may face serious criminal penalties for boarding an airplane with cannabis. However, at a few airports, law enforcement allows passengers to fly with cannabis when certain very limited conditions have been met. The Transportation Security Administration (TSA) is the federal
What comes to mind when you think of Amsterdam? Typically, Van Gogh, historic churches, beautiful canals, and marijuana. Amsterdam is famous for its “coffee shops,” where patrons can purchase and consume marijuana on-site. In light of the success of recent legalization efforts on this side of the Atlantic, we have to ask: where are America’s
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
Now that four states have legalized recreational marijuana and another twenty or so states have legal medical marijuana regimes, we are hearing people talk about how taking their legal pot across state borders by car or by air is no big deal. Unfortunately, it is a big deal. A really big deal. It should first
