At this point, it probably feels to most people like the federal government is standing down when it comes to state-legal cannabis and cannabis businesses. It started back in 2013 with the Cole Memo when U.S. Deputy Attorney General James M. Cole opined in a memorandum that U.S. attorneys shouldn’t really prioritize federally illegal cannabis
Banking
Anatomy of a Cannabis Insurance Policy: Exclusions
Previously I wrote about insurance generally (see here) and products liability insurance specifically (see here). Today I want to look at some policy exclusions to point out potentially problematic terms that you may notice when reviewing your insurance contract during your annual insurance audit.
First, I need to mention some truths…
The Hemp Standard is 0.3% THC. That Should Be Changed.
We are heading into the first decade of scaled commercial hemp production in the United States since the 1920s. As a law firm that has been helping cannabis businesses succeed since 2010, we couldn’t be more excited. And for good reason: the recreational market is expanding. Hemp is legal. CBD and other cannabinoids are…
Receivership and Distressed Cannabis Assets in California
Succeeding in the cannabis industry is not easy, especially in California. Complex regulation, high taxes, expensive real estate, and competition with the black market are just a handful of factors that challenge cannabis businesses. The majority of players lack sufficient reserves and agility to stay in the game. Due to the substantial upfront costs required…
Top Canna Law Blog Posts of 2019
Happy New Year! Before we cue up our favorite version of Auld Lang Syne, pop the CBD-infused champagne, and begin to celebrate the roaring 20s, we’d like to take a look back.
2019 was another big year for cannabis, and another busy year for the Canna Law Blog. We dove deep into our…
Oregon Hemp Litigation: New Cases Demonstrate the Continued Importance of Due Diligence
Although I am a litigator who loves to be in court, I often counsel clients on how to avoid litigation – even though it may mean less work for me in the future! Front and center in these discussions are: 1) the importance of due diligence prior to entering a new business relationship and 2)…
Banking Woes and Wins for Hemp-CBD
Our firm represents a number of financial institutions and even a federal agency on banking state-legal cannabis. We have practiced in the space ever since the 2014 FinCEN guidelines were issued and it’s been slow going for the most part. The number one question we have received lately is: “do you know a bank or…
Risky Business: Cannabis Security Interests and Secured Transactions
As a corporate and transactional attorney focused mostly on cannabis, I see my fair share of financing documents and transactions involving cannabis operators. It’s no secret many cannabis businesses can’t get bank accounts or loans or lines of credit from financial institutions because of the Bank Secrecy Act and federal anti-money laundering laws — despite…
Federal Agencies Provide New Guidance for Hemp Banking
The tides have been rapidly changing for hemp companies to gain access to banking, which has not traditionally been available to hemp companies due to the fact that hemp was (sort of) federally illegal until about a year ago. As we previously explained:
Commercial marijuana activity remains a federal crime, and the Bank Secrecy
…
Top 6 Growing Pains in California’s Cannabis Marketplace
Every state that’s legalized cannabis for adults 21-and-up has faced that moment or even series of moments that threatened to really derail or seriously stymie market development. California is at that crossroads and has been almost from the outset of the first issuances of cannabis licenses back in January 2018. California will, of course, eventually…