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.
This post continues our discussion of rule changes proposed by the Oregon Liquor and Cannabis Commission (OLCC). (Other posts here and here, and please stay tuned for an omnibus post by Vince Sliwoski). Today the topic is a proposed revision to the rules governing changes in business structure. In particular, a proposed conditional approval rule
The Oregon Liquor and Cannabis Commission (OLCC) regularly engages in new rulemaking and this year is no different. The OLCC has a proposed a slate of rule changes it deigns as responsive to implement 2022 legislation and technical updates. But this round of rulemaking has numerous substantial revisions to the rules that are not required
The Oregon marijuana industry is hurting, much like industry in California and other states. Among the many reasons (overproduction, market saturation) is that federal marijuana laws have not been reformed at all. For years marijuana entrepreneurs and their cheerleaders have repeated the refrain that federal reform of marijuana laws is just around the corner. These
The struggles of failing marijuana businesses to wind down and pay creditors in an orderly fashion serve no one. Among the problems marijuana businesses face such as lack of access to banking and onerous taxation stemming from IRC 280E is the lack of access to bankruptcy proceedings. This post discusses a Michigan-based medical marijuana company
People in the cannabis industry know that marijuana is federally classified as a schedule I controlled substance. Schedule I means the drug has no recognized medical value, has a high potential for abuse, and cannot be safely administered even under a doctor’s supervision. Other schedule I drugs include heroin, methamphetamine, and several psychedelic substances including
On Tuesday, September 6, 2022, a Rules Advisory Committee (RAC) of the Oregon Liquor & Cannabis Commission (OLCC) had its first meeting to discuss amendments to the administrative rules governing licensed marijuana businesses. Specifically, the RAC met to discuss new, proposed rules that would reclassify marijuana violations. This post discusses some of the proposed reclassification
Published in Law360 on August 30, 2022. © Copyright 2022, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission. A recently filed cannabis case in Oregon, Drops LLC v. La Mota LLC, demonstrates pleading of two forms of the alter ego theory of liability. Most lawyers and business owners know that one of the
Last summer, the Massachusetts based retailer Curaleaf mistakenly mixed-up THC with CBD at a bottling plant in Portland. Approximately 1,500 mislabeled bottles containing what the Oregonian describes as a “jumbo” dose of THC were shipped under the brand name Select and sold as containing only CBD. Although many of the bottles were recalled at the
When going into business—whether cannabis or otherwise— the first step is to create a business entity. (This seems obvious but still eludes many in the cannabis industry.) One of the principal purposes of establishing a business entity to limit the personal liability exposure of the founders. Typically, the business entity itself and not the investors,
In May 2021, we wrote about the injustice of the Mississippi Court of Appeals affirming a life sentence without eligibility for probation or parole in the case of Allen Russell. Mr. Russell was found in possession of 43 grams (1.5 ounces) of marijuana. A legal basis for Mr. Russell’s brutal sentence was the fact that
