Federal Court: California Must Share Cannabis Licensee Records with Feds

In an inevitable conclusion, the Drug Enforcement Administration (“DEA”) and Department of Justice (“DOJ”) won their federal court case against the California Bureau of Cannabis Control (“BCC”) pursuant to which the BCC must now comply with a recent DEA subpoena regarding alleged criminal activity by certain state-licensed distributors hailing out of (what’s probably) San Diego […]

Cannabis Securities Litigation 101: Who Can Be Liable for Oregon Securities Fraud?

The officers, directors, partners, members and managers of cannabis companies need to understand what constitutes a “security” and how to comply with applicable securities laws. The failure to do so may result in their personal liability for securities fraud. Let’s start with what constitutes a “security.” As my colleague Jonathan Bench recently explained in layperson’s […]

The DEA Does Not Want You To Worry About Its New Hemp Rule. Don’t Take the Bait!

Last week the Drug Enforcement Administration (DEA) issued a bad interim hemp rule. I wrote that it was dangerous because I viewed it as making most hemp processing activities illegal if, at any point in processing hemp, the level of delta-9 THC increases beyond 0.3%– even if the hemp was remediated before it left the […]

(Meaningless?) Federal Vote on Marijuana Legalization is on the Horizon

I’ve been practicing corporate, transactional, and regulatory law in the marijuana industry for going on 10 years now. I’ve never understood exactly why folks get excited about, or even remotely interested, when various lifetime politicians in Congress push bills on the federal legalization/rescheduling of marijuana. Why? Because these bills notoriously go nowhere (for a number […]

Is Transporting Hemp Really Worth the Risk?

When the 2018 Farm Bill was inked, one of the biggest perceived wins was a provision prohibiting states from interfering with interstate transport or shipment of hemp. It turns out that this protection was for a long time meaningless. Many hemp transporters today face just as much risk when transporting hemp as they did before […]

Cannabis Trademark Litigation: Veritas Farms Files a Motion to Dismiss Against Veritas Fine Cannabis

Last month, my colleague Alison Malsbury reported on the trademark infringement lawsuit filed by Colorado-based Veritas Fine Cannabis (“VFC”) against Florida-based Veritas Farms. In her post covering the initiation of the lawsuit, Alison explains why the current legal landscape forces plaintiffs in such cases to rely on a two-part strategy of obtaining 1) state trademark […]

California’s Toughest and Worst Cannabis Rules

California’s three cannabis agencies–the Bureau of Cannabis Control (BCC), California Department of Food and Agriculture (CDFA), and California Department of Public Health (CDPH)–aggressively regulate every aspect of the state’s licensed cannabis industry. Most of the agencies’ rules make sense or have some justifiable purpose. Today, I want to talk about some of the rules that […]

Hemp Insurance Litigation: Oregon Federal Court Rules Insurer Has No Duty to Defend or Indemnify Hemp Farmer for Plant Loss

Insurance is a key part of any business, including cannabis businesses. As Jonathan Bench has explained: Insurance in the cannabis industry is big business, and business owners need to know what policies are available and what those policies cover. Why? Because in insurance policies, like all other business contracts (e.g. leases), the risk of a […]

Raising Cannabis Funds and Staying Out of Jail: Asking Yourself the Right Questions

If you have spent much time around the world of private capital raising, then you know that there are only two avenues for a company that wants to bring on investors. Either you register your capital offering (equity, debt, or some hybrid) or you find a state or federal filing exemption that you can qualify […]

Here Comes the First Approved Ecstasy (MDMA) Drug

Last week, the Multidisciplinary Association for Psychedelics Studies (MAPS) made a very big announcement: it had raised $30 million to complete its promising study of MDMA (ecstasy; molly) for treating post-traumatic stress disorder (PTSD). The Food and Drug Administration (FDA) already has granted MAPS “breakthrough therapy” approval based on earlier trials. With its recent cash […]