crackdown

New York Cracks Down on Unlicensed Cannabis Sales

The New York Police Department (“NYPD”) crackdown on unlicensed cannabis sales comes as New York is poised to start awarding Conditional Adult Use Retail Dispensary (“CAURD”) licenses in the coming weeks. The Office of Cannabis Management (“OCM”) has stated on numerous occasions that those caught selling cannabis without a CAURD license, or a medical license,

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The Key to Saving Costs in Your Deal? The Term Sheet

When I receive a summary of a cannabis business deal–the first emails, calls, LOIs, and term sheet in any form–with 90% accuracy I can say whether the transaction will be a difficult one or not. Note that “difficult” does not correlate with complex: Often the more complex deals, with multiple entities and asset transfers, end

canna law blog

Start Your Engines for California Cannabis Recalls

Now that the MAUCRSA transition period is over and full cannabis testing is in the works, we can fully expect California marijuana companies to start engaging in recalls of certain products for a variety of reasons. In fact, a voluntary recall has already been initiated by The Bloom Brand where an impermissible pesticide (Myclobutanil) was

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Testing the Limits of Federalism: Federal Appeals Court Says Using Medical Marijuana on Supervised Release is a Bridge Too Far

Cannabis has remained federally illegal at the same time states continue to legalize cannabis in one form or another. As a result of legalization, private parties enter and perform contracts, loan and borrow money, and convey leasehold property rights in ways that involve cannabis. These contracts affect and depend upon millions of dollars in assets,

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Mediation of Cannabis Disputes: Part 2

In Part 1 of this series we discussed how mediation works in most cannabis disputes. Today, we discuss some strategic considerations to increase the likelihood of success in cannabis mediation.      Know your audience(s): Unlike in litigation or arbitration, where your audience is a disinterested third party judge, jury, or arbitrator, your primary audience in

canna law blog

Protecting Your Cannabis Copyrights (Yes, You Have Them)

Copyright is an aspect of intellectual property (IP) law less frequently considered by cannabis businesses than trademark, trade secrets or even patents it seems. Yet, like these other forms of intellectual property, copyrights can afford their holders with market dominance and profitability when utilized correctly. Almost all marijuana businesses own numerous unregistered copyrights, whether or

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Oregon Cannabis: Using the Initiative Process to Legalize Local Marijuana Businesses

Oregon successfully legalized the use, sale, processing, and production of recreational marijuana in 2014 through the initiative process. The initiative process is a method of direct democracy that allows people to propose laws outside of the normal legislative process. Oregon’s marijuana statute (ORS 475B) allows cities and counties to “opt-out” of commercial recreational marijuana. In other

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Intellectual Property in the Cannabis Industry: The Video

In case you missed it or would like to play it again, please find below the recording from last week’s webinar on Intellectual Property in the Cannabis Industry. We will run another blog post next week, answering audience questions that we were not able to get to in real time on the webinar. In the

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U.S. Supreme Court Sets a Great Precedent for Cannabis

Back in December, we wrote about Murphy v. NCAA (“Murphy”), a case where the State of New Jersey challenged a federal law that bans states from allowing sports gambling. We explained that this case has important implications for state-legal marijuana programs, because it asks whether the Constitution’s anti-commandeering doctrine prevents the federal government from forcing states

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Washington Cannabis Processors Must Acquire Endorsement to Produce Edibles

As of April 1, 2018, Washington marijuana processors are required to hold a special endorsement from the Washington State Department of Agriculture (WSDA) to make marijuana-infused edibles (MIEs). This requirement follows from the WSDA’s appointment to share regulatory authority over MIEs with the Washington State Liquor and Cannabis Board (LCB). The WSDA’s Food Safety Program regulates,