California Commercial Cannabis Leasing: Top 5 FAQs

…of about a million frequently asked questions. We’ve previously written a lot about commercial leasing issues in the California cannabis space, including some basic concepts, some key things to consider in getting leases right, and some ways to improve your leases. But there are certain common questions that tend to come up in a leasing … Read moreCalifornia Commercial Cannabis Leasing: Top 5 FAQs

California Cannabis: Scams and Schemes of the Week, Part 3

Welcome back to “California Cannabis: Scams and Schemes of the Week.” We are publishing this series to shed light on the unscrupulousness of certain attorneys, consultants, and operators in the California cannabis industry, with the goal of establishing a more ethical and regulated industry in the state. You can view Part 1 of this series here and … Read moreCalifornia Cannabis: Scams and Schemes of the Week, Part 3

Free Webinar May 17! Intellectual Property in the Cannabis Industry

Protecting and monetizing intellectual property (IP) in the cannabis industry is an important but challenging step for most businesses. The market is highly dynamic and competitive, and in addition to state and local rules, federal law creates an unusual environment. Several cannabis businesses have established significant market share through the creation and leveraging of intellectual … Read moreFree Webinar May 17! Intellectual Property in the Cannabis Industry

Employer Audits for Cannabis Businesses

Audits are not usually met with open arms. More often than not, these invasive exercises sound awkward and even dangerous for a cannabis business. But that should not be the case! In fact, as in other industries, a preemptive employment practices audit can be a cannabis business’s best friend. Audits are not always a bad … Read moreEmployer Audits for Cannabis Businesses

High Times Fails to Meet Requirements for Cannabis Event Permit

We wrote a few months ago about proposed changes to California’s rules governing temporary events, and last week, we saw the first big casualty of the current permitting requirements under the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”). High Times hosted its Southern California Cannabis Cup over the weekend, but was forced … Read moreHigh Times Fails to Meet Requirements for Cannabis Event Permit

Dreaming of an Oregon-California Cannabis Exchange

Yesterday, we received a call from Congressman Earl Blumenauer’s office here in Portland, Oregon. The purpose of the call was to discuss an idea to deal with the oversupply of marijuana in the state sanctioned Oregon market. Specifically, the idea was to explore the possibility of an interstate compact with California, where Oregon would sell … Read moreDreaming of an Oregon-California Cannabis Exchange

California Cannabis: an Unlikely Convergence of Enforcement Priorities

California and the Feds are an odd couple in canna law enforcement. When the Cole Memo was rescinded in January, uncertainty was rife on all sides of the state-regulated cannabis industry. Neither the regulators, the regulated, nor the unregulated knew what to expect from the federal government. The U.S. Department of Justice told each of … Read moreCalifornia Cannabis: an Unlikely Convergence of Enforcement Priorities

Legal Hemp: Coming Soon Nationwide?

Are the glory days of hemp returning? Senator Mitch McConnel (R-KY) recently introduced S.2667, a bill which would allow states and tribes to regulate hemp production. The proposed law is appropriately titled the “Hemp Farming Act of 2018” (the “Act”). As the Senate Majority Leader, McConnell is one of the most powerful politicians in Washington, so it … Read moreLegal Hemp: Coming Soon Nationwide?

California Cannabis Countdown: Town of Truckee

California has 58 counties and 482 incorporated cities across the state, each with the option to create its own rules or ban marijuana altogether. In this California Cannabis Countdown series, we cover who is banning cannabis, who is embracing cannabis (and how), and everyone in between.  For each city and county, we’ll discuss its location, … Read moreCalifornia Cannabis Countdown: Town of Truckee

Industrial Hemp: Oregon and Interstate Sales

So it goes with Oregon hemp. In the past six to twelve months, we have seen an extraordinary increase in businesses and individuals interested in growing and processing industrial hemp. This is especially true in Oregon, where Department of Agriculture (ODA) grower and handler registrations are fast, cheap and easy to acquire. In many cases, these … Read moreIndustrial Hemp: Oregon and Interstate Sales

Federal Cannabis Prohibition: Is The End Finally Near?

Let’s hope so, when it comes to prohibition. The election of Donald Trump as president of the United States caught many pundits and prognosticators off guard. President Trump’s victory also instilled a level of uncertainty in America’s burgeoning state-legal cannabis industry. During the presidential campaign, Trump routinely professed his adherence to states’ rights when it … Read moreFederal Cannabis Prohibition: Is The End Finally Near?

Cannabis Intellectual Property Licensing: How to Avoid Litigation

Licensing agreements can get complicated. Start with who owns what. We’ve written extensively about the potential pitfalls of intellectual property (“IP”) licensing deals, which are prolific within the cannabis industry. (For a few select articles, try here, here and here). Recently, news broke of another licensing-related lawsuit, this time involving Tommy Chong. According to the … Read moreCannabis Intellectual Property Licensing: How to Avoid Litigation

Oregon Cannabis Wage and Hour Basics: Final Paychecks

There are no shortage of employment laws related to cannabis businesses. Cannabis businesses, as part of a highly regulated industry, have a lot of rules to follow. In addition to state regulatory rules, cannabis businesses have to follow a multitude of other state and federal laws specific to employment. Among these, the subset of wage … Read moreOregon Cannabis Wage and Hour Basics: Final Paychecks

Cannabis Countdown Update: Alameda and Marin Counties

Alameda and Marin Counties are moving ahead, slowly. Our offices in San Francisco and Los Angeles constantly get calls from entrepreneurs looking to launch or expand their cannabis businesses. By far, one of the most challenging aspects for any attorney advising clients in the cannabis industry is staying up to date on all the developments … Read moreCannabis Countdown Update: Alameda and Marin Counties

California Cannabis: Scams and Schemes of the Week, Part 2

Welcome back to “California Cannabis: Scams and Schemes of the Week.” We are publishing this series to shed light on the unscrupulousness of certain attorneys, consultants, and operators in the California cannabis industry, with the goal of establishing a more ethical and regulated industry in the state. You can find last week’s post here. Scam #1: Attorneys … Read moreCalifornia Cannabis: Scams and Schemes of the Week, Part 2

Cryoptocurrency and Cannabis: A Difficult Relationship

Not just yet. Two of the biggest buzzwords of 2018 have been cyrptocurrency and cannabis. Both industries have seen an tremendous influx of investment from people trying to capitalize on these new business ideas. Almost every week, I see a new event pop up for people who are interested in finding the synergies between these … Read moreCryoptocurrency and Cannabis: A Difficult Relationship

BREAKING NEWS: Trump Makes “States Rights” Cannabis Deal, Sessions Back in Doghouse

Martin Sheen? Or Cory Gardner? Either way, good news! In January 2018, Cory Gardner, Colorado’s junior senator (and Martin Sheen doppelgänger) made news by announcing that he would block Trump Administration Department of Justice appointments after Attorney General Jeff Sessions released a memo suggesting that U.S. Attorneys could consider prosecution of federal marijuana laws despite … Read moreBREAKING NEWS: Trump Makes “States Rights” Cannabis Deal, Sessions Back in Doghouse

Cannabis Mergers and Acquisitions: Preparing for Success

The cannabis industry in California in 2018 is still finding its feet on many fronts – with both a regulatory framework and a banking solution being very much under construction. As these normalize, companies will establish their business metrics and get a firmer idea of the size of their opportunity, and then naturally increased M&A … Read moreCannabis Mergers and Acquisitions: Preparing for Success

Cannabis Trademarks in Canada are Attainable, Even for U.S. Companies

Some U.S. companies are looking north for trademark protection With U.S. federal trademarks being impossible to obtain for cannabis goods and services that violate the Controlled Substances Act, my trademark clients are beginning to ask questions about their options for international trademark protection. Canada, having legalized cannabis and being our closest neighbor, is usually one … Read moreCannabis Trademarks in Canada are Attainable, Even for U.S. Companies

Washington Cannabis Processors Must Acquire Endorsement to Produce Edibles

As of April 1, 2018, Washington marijuana processors are required to hold a special endorsement from the Washington State Department of Agriculture (WSDA) to make marijuana-infused edibles (MIEs). This requirement follows from the WSDA’s appointment to share regulatory authority over MIEs with the Washington State Liquor and Cannabis Board (LCB). The WSDA’s Food Safety Program regulates, … Read moreWashington Cannabis Processors Must Acquire Endorsement to Produce Edibles