Jesse Mondry

Jesse co-chairs Harris Bricken’s Dispute Resolution / Litigation practice group. He has an extensive domestic and international litigation background and has represented clients from a wide range of industries in high stakes disputes. Jesse represents numerous clients in the cannabis industry and he regularly writes on litigation issues involving hemp and CBD. In every dispute, it is Jesse’s goal to find the best and most cost-effective solution for his clients. His analytical mind, excellent writing skills, and steady presence allow him to find unique solutions to complicated domestic and international disputes.

perpetuation deposition

Cannabis Litigation: Perpetuating Testimony

Civil litigation in cannabis, like any other industry, usually proceeds in a predicable order. First, a complaint is filed and served. This kicks off the lawsuit and compels a defendant to file an Answer to avoid a default judgment. Second, the parties conduct written discovery: i.e. gathering relevant documents, identifying potential witnesses, and serving interrogatories and

cannabis ponzi scheme

Cannabis Ponzi Schemes

Investors in marijuana businesses face many risks. To name just a few: the subject of their investment is illegal under federal law; the businesses in which they are investing face heavy tax burdens because of IRC 280e; and the lack of access to banking services means businesses operate nearly exclusively cash, which makes tracking sales,

cannabis litigation offer of judgment

Cannabis Litigation: What is an Offer of Judgment?

Like all commercial litigation, cannabis business litigation is expensive and in most circumstances a party cannot recover its attorneys’ fees. The exception is where recovery is authorized by a contract or a statute. This post discusses how a party in commercial litigation—whether involving cannabis or not—can use an Offer of Judgment to leverage a more

oregon cannabis qualified applicant social equity

Oregon Cannabis: Social Equity and “Qualified Applicants”

Who is a “qualified applicant” under Oregon’s new marijuana license reassignment program? First, some context. House Bill 4016, which introduced the reassignment concept, represents a sea change for Oregon’s licensed marijuana industry. The bill presently awaits signature by the Governor, and no one is betting it won’t become law. Our take on all of Oregon’s

new york cannabis retail social equity

New York to Reserve First Cannabis Retail Licenses for Those With Past Convictions

As reported (paywall) by the New York Times, New York intends to reserve its first retail licenses to sell marijuana for people convicted of marijuana related offenses, or their relatives.  The policy is part of the Marijuana Regulation and Taxation Act’s (MRTA) social and economic equity plan, which Simon Malinowski wrote about in this blog

Courts Deny Naturalization Petitions Due to Marijuana

Courts Deny Naturalization Petitions Due to Marijuana

We often write of the pernicious effects of the War on Drugs in the criminal law context as well as its harmful impacts on the hemp and (state) legal marijuana industries. This post turns to another issue resulting from federal illegality – the inability of a lawful permanent resident to petition for naturalization and and

hemp thc limit 1%

Federal Bill Would Raise THC Limit in Hemp to 1%

The battle to raise the limit of THC allowed in hemp from .3% to 1% continues. The 2018 Farm Bill defined hemp as “[t]he plant species Cannabis sativa L. and any part of that plant . . .  with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” It

hemp biomass litigation

Oregon Hemp/CBD: Federal Court Allows Biomass Business Litigation to Proceed

The litigation fallout from the hemp rush continues to wind its way through state and federal courts. Just a few years ago everyone and their brother was hot on hemp. Investment capital flooded into Oregon and other states and the industry was awash in new Hemp/CBD farming, processing, manufacturing, and retail businesses. The sheen has

olcc marijuana license cancellation

Oregon Cannabis: New Rules, Part 5 – License Cancellation Criteria

This post focuses on recent changes to OAR 845-025-8590, which addresses when the Oregon Liquor & Cannabis Commission (“OLCC”) may cancel or suspend a marijuana business license. It continues our discussion of recent OLCC changes to the regulations governing marijuana in the State of Oregon. You can review the changes to OAR 845-025-8590 and all

olcc history of a lack of institutional control

Oregon Cannabis: New Rules, Part 4 – Repeat Violators Beware!

This post continues our discussion of recent changes by the Oregon Liquor & Cannabis Commission (“OLCC”) to the rules and regulations governing marijuana in the State of Oregon. You can find our earlier articles here, here, here, and here. This post focuses on a new type of rule violation that addresses how cannabis licensees manage