canna law blog

Jury Nullification Is a Real Thing and You Should Know About It

We are business and corporate lawyers, not criminal lawyers. This means we know enough about the law to tell someone when he or she may need criminal defense services, but we do not provide those services. Still, the specter of federal criminal charges is ever-present in the cannabis industry. When cannabis clients ask us about

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

canna law blog

California Cannabis Manufacturing Rules

Though the Medical Cannabis Regulation and Safety Act (“MCRSA“) initially failed to specifically define the term “manufacturer,” California finally rectified the situation with the Department of Public Health’s Office of Manufactured Cannabis Safety‘s release of the initial MCRSA manufacturing rules last Friday. “Manufacturer” now means the production, preparation, propagation, or compounding of cannabis products, including extraction

canna law blog

Oregon Cannabis: Black and White Markets

Last month, the Oregon State Police Drug Enforcement Section published a report titled “A Baseline Evaluation of Cannabis Enforcement Priorities in Oregon.” It’s a great read. The big takeaway, as reported by The Oregonian, is that Oregon remains a top source for black market pot— despite our legal cannabis programs. Those familiar with the industry have long known this

canna law blog

The Government Cannabis Research Fail

Yesterday, the Washington Post ran an illuminating and sad little story on government marijuana, which is pot grown under the oversight of the National Institute on Drug Abuse (NIDA). The government marijuana photographed and featured in the story is a sample distributed to a researcher for use in ongoing clinical studies for treatment of military

canna law blog

Buying a Cannabis Business: The Top Five Due Diligence Items or Buyer Beware

Our marijuana business attorneys handle lots of purchase transactions for marijuana businesses. These deals often involve two sides rushing to complete a transaction handled by a business broker who doesn’t know or care about the applicable marijuana laws. The worst case scenario is when a company asks us to review a purchase agreement drafted by the

canna law blog

BREAKING NEWS: City of Los Angeles Votes for Regulation of Marijuana Businesses by Passing Measure M and Los Angeles County May Lift Its Cannabis Ban Today as Well

City of Los Angeles Voters Approve Measure M. The City of Los Angeles is making moves to change its current marijuana policies, which have so far made it impossible to start and operate a new cannabis business in the City. Yesterday, voters in the City were asked to decide between two ballot measures to repeal

canna law blog

Cannabis Law 101: Could the Federal Government Really Shutter State Programs?

Yesterday, we wrote about the various ways that enforcement of federal cannabis laws could ensue, if the current administration were bullheaded enough to attempt such a thing. The day before, we wrote about the Washington State Attorney General’s promise to fight any potential enforcement action. Today, we offer a brief primer on what rights the

canna law blog

Marijuana Banking Band-Aid? Senators Push For More Cannabis Banking Guidance

There has been a ton of speculation about what President-elect Donald Trump and his nominee for U.S. Attorney General, Jeff Sessions, will do about state-legal marijuana in the next four years. Some industry and political experts think a renewed War on Drugs is coming, while others believe neither Trump nor Sessions will undertake the politically