Cannabis contracts are – in the simplest sense – binding agreements between two parties. But how you get to something being “binding” can be complicated. And in the cannabis industry, where things move a mile a second and people often overlook basic contract requirements, the results can be disastrous. Today I want to focus on
Cannabis companies and (depending on the state) brands often use license agreements to grow their brands. If done correctly, they can be a huge driver of revenue for the brands and licensees, and can grow the good will of the brand across a particular territory. However, they are notoriously easy to botch. A bad license
Our cannabis team has performed due diligence on countless business purchases, investments, loans, and just about every other kind of transaction you can imagine. As you can imagine, we’ve seen some pretty bad and even sketchy things over the years. With rescheduling on the horizon (see here and here), we expect to see an increase in loans, investments,
California publishes quarterly data concerning its “enforcement” efforts against the illegal cannabis market. Over the last couple of quarters, I’ve gotten in the habit of analyzing this data (see here for Q3 2023, and here for Q2 2023). I’ve been blogging here since 2018 and my opinion is that the state is doing very, very
One of the best insurance policies a cannabis business can get is a written contract. Paying a lawyer a little bit up front can save hundreds of thousands when things go south. A lot of folks in the cannabis industry are still doing deals on a handshake basis (you can see some of our older
At the beginning of the summer, I wrote a post entitled “California Gives Up on the Illegal Cannabis Market” in which I went into detail about the state’s failure to meaningfully address the festering illegal market. More recently, I wrote about “Another California Cannabis Enforcement Program That Won’t Work.” As the name suggests, this post was
The Florida Chamber of Commerce has filed a brief with the state Supreme Court, opposing the placement of an adult-use cannabis legalization initiative on the 2024 ballot. The Chamber’s opposition is curious, given the clear potential that legalization holds for, well, commerce. If only for this reason, it is worth taking a closer look at
Last month, Washington governor Jay Inslee signed SB 5367, a largely unpublicized bill “concerning the regulation of products containing THC”. Among other things, the bill amends the definition of “cannabis product” in the state’s Controlled Substances Act to include products with any detectable amount of THC concentration. Selling such CBD products will require licensure by
The Florida Supreme Court will consider the legality of an initiative to get adult-use cannabis legalization on the 2024 ballot. Per Florida law, the state’s attorney general must request an advisory opinion from the Florida Supreme Court on whether the proposed measure complies with certain legal requirements. One of the issues is whether the initiative
We got a lot of good follow-up questions last week after our webinar covering cannabis litigation in the current down market. One of them related to the recovery of attorneys’ fees and how likely that is to happen. Potential recovery of attorneys’ fees is an important consideration at the outset of any case, but can
