delta-8

Delta-8 Is Legal, But …

Just last week, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court’s holding that the 2018 Farm Bill legalized delta-8 THC products derived from hemp. In the Ninth Circuit’s view, “the plain and unambiguous text of the Farm [Bill] compels the conclusion that the delta-8 THC products before us are lawful.”

independent contractor exceptions

California Cannabis Workers: Independent Contractor Exceptions

California deems nearly all kinds of workers employees. There are, however, some important circumstances where workers may be classified as contractors. In my first post of this series, “Classifying California Cannabis Workers,” I explained the basics of employee versus independent contractor classification. Today, I look at some of the key independent contractor exceptions for California

federal cannabis legislation

Federal Cannabis Legislation Roundup: Part 2

There are tons of new proposals for federal cannabis legislation in Congress. We wanted to make things easy and clarify what they would do. This post covers the SAFE Banking Act, the Medical Marijuana Research Act, the Cannabidiol and Marihuana Research Expansion Act, and the Hemp Advancement Act. Part one in this series covered the

right entity for a cannabis business

Choosing the Right Entity for a Cannabis Business: Corporations

One of the most important decisions a new cannabis business can make is the form of entity it will use. In fact, one of the first questions businesses ask is whether the right entity for a cannabis business is a limited liability company (LLC), corporation, or something else. Like basically every other legal analysis, the

fire season is coming

Fire Season is Coming, Again

Last summer, I wrote a post called “Fire Season is Coming.” Given the massive expected California droughts, it’s pretty safe to assume that fire season is coming, again. Today, I want to recap some of the issues that we’re likely to see in the coming months. As we learned in prior fire seasons, the cannabis

cannabis business

How Cannabis Businesses Succeed

We work with many large cannabis businesses and many small ones too. It’s fun to talk up the bigger fish, but I have a soft spot for the little guys. I really enjoy small business at the end of the day. I like seeing financial statements of disciplined, privately held companies doing maybe $5m to

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

california cannabis workers

Classifying California Cannabis Workers

California is one of the trickiest states in the U.S. for employers, and especially for cannabis employers. The numerous, byzantine requirements here simply don’t exist in many other states. Classifying California cannabis workers is one of the biggest challenges for local industry. Cannabis companies often think they can get around employment law requirements by calling

cannabis business mistakes

Legal Mistakes for Cannabis Businesses

I recently spoke with a lawyer who was newer to representing cannabis clients. The lawyer asked me to describe the biggest legal mistakes I see for cannabis businesses. Over the years, our cannabis lawyers have seen cannabis businesses make just about every mistake in the book. Today though, I want to talk about what I

parody defense copyright litigation

Sometimes, the Parody Defense to Copyright Infringement Works!

As a cannabis intellectual property litigator, part of my job is to help clients make cost-benefit and risk analyses. My colleagues and I have written several posts about the defense of “parody” in cannabis intellectual property litigation, and why it’s a very specific defense that people tend to overstretch in most cases. While that remains