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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

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Canna Law Blog

Cannabis Law 101: Could the Federal Government Really Shutter State Programs?

Yesterday, we wrote about the various ways that enforcement of federal cannabis laws could ensue, if the current administration were bullheaded enough to attempt such a thing. The day before, we wrote about the Washington State Attorney General’s promise to fight any potential enforcement action. Today, we offer a brief primer on what rights the

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Canna Law Blog

Cannabis Bankruptcy 101

In a prior post, we discussed some of the emerging trends for cannabis-related companies that seek bankruptcy protection (click here to view the prior post). But, in the first instance, the question is whether a cannabis-related company can file for bankruptcy relief? This post will examine the first decision from Arizona in the case of

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Canna Law Blog

Cannabis Startups 101: Securities Compliance

Like tech startups, or any new business, cannabis startups need investment. Though most tech startups are organized as corporations, with the ultimate goal of acquisition or IPO, cannabis businesses are more often (but not always) organized as LLCs. But cannabis startups too often fail to realize that if they are seeking investors, they are probably

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Canna Law Blog

California Cannabis Leases: The 101

We’ve written before on how commercial leasing for cannabis business is a uniquely different animal that requires special attention beyond a boilerplate commercial lease agreement. The new multi-agency rollout of California’s proposed medical cannabis regulations under the Medical Cannabis Regulation and Safety Act (“MCRSA“), as well as Governor Brown’s recent budget trailer bill to harmonize the

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Canna Law Blog

Cannabis Startups 101 – Get Your Business Advice Here

Our cannabis attorneys see many cannabis deals and on a daily basis we see term sheets, pitch decks, prospectuses, fund summaries, etc. Though we’re always on the legal side, we are also often asked for advice we’d label “business advice” — ranging from the specific (here’s our deck, what valuation can we demand?) to the very

Canna Law Blog

Cannabis Patents: The 101

In cannabis intellectual property (IP) law, as in most areas of cannabis law, separating the flowers from the weeds is difficult. There is a lot of misinformation available on the internet and elsewhere about whether pot is protectable under patent or similar laws, and what patentability means for the industry. This post gives an overview of

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Canna Law Blog

Co-Packing Cannabis: The 101

Recently, we covered the basics of cannabis supply contracts here on this blog. Supply contracts are used when Party A is selling pot to Party B in a responsible way. Today’s post looks at another form of cannabis contract: the contract packager (“co-packer”) agreement. Co-packer agreements are used when Party A is working with Party B

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Canna Law Blog

Cannabis IP Licensing 101

Given the recent influx of cannabis-IP licensing deals on which we have worked, I thought it important to discuss some of the issues potential licensees often face when negotiating with brand owners. These licensing deals are complicated and fraught with unique cannabis-related issues. Many companies come to us with such licensing deals expecting the biggest