canna law blog

Buying a Washington Cannabis Business: The 101

Our Seattle office often receives calls from entrepreneurs who want to operate in Washington’s thriving recreational cannabis market. Washington is not currently accepting applications for new cannabis licenses which means there are a finite number of licenses available. This leaves one option for entrepreneurs who want to operate their own Washington’s cannabis business: buy an existing

canna law blog

Hiring California Cannabis Employees: Be Careful What You Ask

Beginning January 1, California employers with five or more employees will be prohibited from asking about an applicant’s conviction history and cannot consider an applicant’s criminal history until after a conditional job offer has been made. A conditional job offer is an offer made contingent on the completion of a background check. Only after the

canna law blog

Co-Packing Cannabis: The 101

Recently, we covered the basics of cannabis supply contracts here on this blog. Supply contracts are used when Party A is selling pot to Party B in a responsible way. Today’s post looks at another form of cannabis contract: the contract packager (“co-packer”) agreement. Co-packer agreements are used when Party A is working with Party B

canna law blog

Selling Pot Like a Pro: Top 10 Contract Terms

In the old days, people rarely wrote things down when they sold cannabis. Selling the flower was risky, and leaving a paper trail riskier still. With the advent of medical marijuana programs, though, cannabis supply contracts became routine. Such agreements may be styled as “patient-caregiver agreements” or “patient-grower agreements,” and state agencies may even require their

canna law blog

Cannabis Business Registration: The Delaware Myth

As business and corporate cannabis lawyers, we have registered and structured a large and ever-expanding number of pot businesses up and down the west coast. Most of these businesses are corporations or LLCs, and most of the time, these businesses are incorporated in the state where they will obtain a license to trade in marijuana.

canna law blog

Top Five Red Flags for California Cannabis M & A

Ah, California. The land of tech innovation, wine country, and endless coastline. Also the land of shysters, hucksters, and snake oil salesmen, far too many of whom have migrated to the booming cannabis industry to ply their trade. With the lead up to full implementation of the Medicinal and Adult Use Cannabis Regulation and Safety

No Bankruptcy, No Problem? Receivership and Cannabis.

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

Cannabis Patents: The 101

In cannabis intellectual property (IP) law, as in most areas of cannabis law, separating the flowers from the weeds is difficult. There is a lot of misinformation available on the internet and elsewhere about whether pot is protectable under patent or similar laws, and what patentability means for the industry. This post gives an overview of

canna law blog

Oregon Cannabis Company Acquisitions

We have begun to see an increase in consolidation throughout the Oregon marijuana industry. Large companies from other states are moving in, and Oregon companies are buying each other’s assets or stock and integrating to form verticals. In business parlance, we have entered the scaling portion of the inevitable consolidation curve. Cannabis Company Acquisition Generally

canna law blog

Cannabis Startups 101: Securities Compliance

Like tech startups, or any new business, cannabis startups need investment. Though most tech startups are organized as corporations, with the ultimate goal of acquisition or IPO, cannabis businesses are more often (but not always) organized as LLCs. But cannabis startups too often fail to realize that if they are seeking investors, they are probably