Nobody could have predicted the situation that the cannabis industry now finds itself in. Just a few months ago, it looked like there were challenging financial issues for many cannabis businesses across the country. Now, many states that have imposed coronavirus lockdowns have declared cannabis businesses to be essential so that they can stay open, […]

Under most U.S. states’ laws, coronavirus likely constitutes a force majeure – an “act of God” – a severe, unforeseeable circumstance beyond the control of any contracting party.  No party created this act of God — both are “innocent parties”; both will likely suffer from breach. Contract clauses governing such unusual events are named force […]

  Add “global pandemic” to the list of challenges faced by the sputtering cannabis industry. The coronavirus COVID-19 is tearing across the U.S. economy. Businesses everywhere are making very difficult decisions. In many cases, those decisions are being made for them. As I write this post on the evening of Sunday, March 15, the Federal […]

As usual, we’ve been monitoring both brewing and active trademark disputes in the cannabis space, and the most recent example involves the institution that is the Girl Scouts. For background, here are some of the other disputes we’ve covered in the past: Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles Cannabis Trademark Litigation: Web […]

Previously I wrote about insurance generally (see here) and products liability insurance specifically (see here). Today I want to look at some policy exclusions to point out potentially problematic terms that you may notice when reviewing your insurance contract during your annual insurance audit. First, I need to mention some truths that I believe are […]

We try to cover cannabis-related trademark issues thoroughly on this blog, because branding and trademark protection form the most basic foundation for most businesses. In our most recent posts, we’ve focused heavily on trademark disputes, because as the industry matures, litigation has become inevitable. For reference, you can check out some of the big trademark […]

California cannabis regulators are slowly getting into enforcement mode under the Medicinal and Adult-Use Cannabis Regulation Act (“MAUCRSA”). Ostensibly, enforcement to date has been around illegal sales and/or around the manufacturing of illegal products (like vape cartridges). It’s only a matter of time though before enforcement becomes more sophisticated around licensing, including the state increasing […]

In a cannabis business, like most other businesses, “location, location, location” means everything and dictates whether you have the optimal growing, manufacturing, processing, or retail location. Once you find your perfect location, having a great lease and understanding your lease are two crucial parts in solidifying this important business foundation. In this post, I share […]

According to recent reports, the hemp-derived cannabidiol (“Hemp-CBD”) market is expected to grow by 700 percent by 2020 and grow to $2.1 billion by 2020. Given this significant growth forecast, sensitive business information (also known as trade secrets) has become an incredibly valuable asset for Hemp-CBD stakeholders. Realizing value from those trade secrets requires sharing them with […]

As a corporate and transactional attorney focused mostly on cannabis, I see my fair share of financing documents and transactions involving cannabis operators. It’s no secret many cannabis businesses can’t get bank accounts or loans or lines of credit from financial institutions because of the Bank Secrecy Act and federal anti-money laundering laws — despite […]