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Canna Law Blog

Cannabis Startups 101 – Fundraising: What We’re Seeing in the Marketplace

We’ve written previously on options cannabis companies have when seeking financing. Since passage of Proposition 64, investor activity has noticeably picked up in California. It’s not surprising, as California is both the largest projected cannabis marketplace as well as home to roughly half of the country’s venture capital investors. How are these investments structured? Below is a

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Canna Law Blog

Washington Cannabis: LCB Bans Conversion of CBD into Delta-9 THC

On July 22, the Washington State Liquor and Cannabis Board (“LCB”) issued a notice of adoption of an interpretive statement (the “Notice”) in which the agency clarified authorized practices for marijuana processor licensees. The Notice stipulates that licensed marijuana processors cannot legally convert cannabidiol (“CBD”) into delta-9 THC because their license privileges do not allow

Canna Law Blog

Cannabis Securities Litigation 101: Who Can Be Liable for Oregon Securities Fraud?

The officers, directors, partners, members and managers of cannabis companies need to understand what constitutes a “security” and how to comply with applicable securities laws. The failure to do so may result in their personal liability for securities fraud. Let’s start with what constitutes a “security.” As my colleague Jonathan Bench recently explained in layperson’s

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Canna Law Blog

Oregon Cannabis Securities Litigation: Another (!) Fraud Lawsuit

The maturation of the Oregon cannabis industry in the past few years has been accompanied by a tremendous increase in mergers and acquisitions and a flood of investment capital into the marketplace.  Not surprisingly our commercial litigators have seen a marked increase in the number of securities lawsuits both here in Oregon and elsewhere.  As

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Canna Law Blog

Cannabis Guaranty Agreements 101

A few days ago, I wrote a post on cannabis investing and the concept of debt v. equity. I noted that it’s very common to see lenders ask for personal guarantees when providing loans to cannabis businesses. Guaranty agreements are a hugely important type of contract that deserve their own post. Below, I will get

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Canna Law Blog

Cost-Effective Cannabis Litigation in Washington (and Elsewhere)

Resolve cannabis business disputes better outside of court — IF you have the right clause in your contracts. You may have heard about contractual agreements for “good faith” negotiations, mediation, arbitration and combinations of these techniques. When used properly, these techniques can save you significant time, money and lost productivity by avoiding a long courtroom

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Canna Law Blog

Hemp/CBD Litigation Forecast: Cloudy with a Chance of Damages

Our cannabis attorneys are often asked by media, clients, and other professionals working in the hemp and CBD marketplace what we think will be the next “big issue” in this developing industry. Often these questions concern regulatory and compliance questions, as (most) companies are keen to mitigate risk and avoid running afoul of state and

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Canna Law Blog

Marijuana Tourism 101

For most US States there is no such thing as marijuana tourism because so few states permit non-residents to legally buy. But in Colorado, marijuana tourism is a real business and it’s generating real dollars despite the State’s lack of Amsterdam-style coffee shops (which are prohibited in both Colorado and Washington under the new recreational cannabis laws, as is public consumption in any shape or form).

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Canna Law Blog

Trade Dress 101 for Cannabis Businesses

We’ve written extensively about cannabis trademarks and their appurtenant issues, but this will be the first time we have touched on the concept of trade dress and the benefits it can bring to a brand. Trade dress is the “overall commercial image (look and feel) of a product that indicates or identifies the source of the

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Canna Law Blog

Marijuana Investments: Securities Law 101

Most of the cannabis business clients hire us with at least a vague understanding of what they want to get out of the representation. Whether it is for trademark registrations, corporate drafting, or a legal compliance audit, they understand enough about the law to know what help they need. Businesses and individuals involved in fundraising