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Time for another Oregon cannabis roundup. Time to cover some important legislative and OLCC updates, specifically. Legislative updates Senate Bill 558 Governor Tina Kotek signed this bill into law last week, on May 28th. There are some key differences to the law signed by Kotek and the version of SB 558 that I previewed in
In yet another setback for hemp and marijuana-adjacent businesses, the U.S. Small Business Administration (SBA) has quietly reintroduced a policy that effectively disqualifies most of them from critical federal loan programs. The updated policy, effective June 1, has far-reaching consequences for small businesses operating in compliance with state law (and for some, in compliance with
In fall of 2023 I wrote about the lawsuit to end federal prohibition that wouldn’t really end federal prohibition. Last July, a federal district court ruled against Canna Provisions et al. in that case. On Wednesday, May 27th, the First Circuit Court of Appeals upheld the lower court’s ruling. The First Circuit decision means the
In cannabis contract negotiations, it’s common for the parties to execute an early-stage document called a letter of intent (“LOI”). An LOI may also be called a term sheet; naming it one over the other has no legal significance. I love these little agreements and today I will tell you why. LOIs are used in
The Oregon District Court issued a ruling today which “PERMANENTLY ENJOINS AND RESTRAINS” the OLCC and other State actors from enforcing Measure 119 against Bubble’s Hash and Ascend Dispensary, the plaintiffs that sued over BM 119’s constitutionality. You can view Judge Simon’s Opinion and Order here, and the Judgment here. BM 119 required most Oregon
In June 2023, Colorado Governor Jared Polis signed SB 23-271 (codified in C.R.S. 25-5-427 and regulated by 6 CCR 1010-24), a landmark bill regulating intoxicating hemp products in the state. This legislation followed recommendations from the Intoxicating Hemp Task Force, which was established a year earlier under SB 22-205. At a time when many states
After attending the International Cannabis Business Conference (ICBC) in Berlin at the end of April, I was reminded, yet again, of how draconian U.S. marijuana laws truly are. The excitement throughout the event was palpable. Much of it was driven by Germany’s newly formed government keeping its quasi-legalization policy intact, even if adult-use trials remain
Hopefully this is the penultimate time I’ll write about Ballot Measure 119. Hopefully, some three weeks from now, I’ll publish one last post explaining that this landgrab initiative was annihilated, judicially speaking. The recent Federal Court hearing On April 29th, Judge Michael H. Simon heard arguments from the UFCW 555 and the Oregon Department of
Our cannabis business attorneys regularly handle transactions involving the purchase and sale of licensed cannabis businesses. These deals often move fast, with brokers rushing both sides toward closing—frequently without regard for applicable diligence and cannabis regulations. The worst-case scenario is when a company comes to us after executing a seller drafted purchase agreement without having
One of the most fundamental questions facing any entrepreneur – whether in the cannabis industry or elsewhere – is: “What type of business entity should I choose?” This is a deceptively complex question, although we’ll try to make it seem simple here. When you ask your lawyer or accountant, their first response will likely be
