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

cannabis partnerships

Cannabis Partnerships

Many cannabis handshake deals result in the parties forming an inadvertent cannabis partnership. The words “partnership” and “joint venture” are often thrown around casually. Many early stage cannabis entrepreneurs know they want to do some type of business venture, often with a business partner, but they often do not know why or how to avoid

state cannabis regulation

Ten Recommendations for State Cannabis Regulation

Unfazed by the federal leadership vacuum on cannabis, states continue to roll out cannabis proposals and programs. A total of 34 states considered cannabis reform proposals in 2021. Another 32 proposals (some of them pre-filed in 2021) are up for discussion here in 2022. These proposals range from limited decriminalization measures to comprehensive, adult use

california cbd regulations

California Will Regulate CBD

For many years, we’ve written about California’s truly bizarre animus towards hemp-derived CBD. Many efforts to regulate CBD failed. Last year, the state finally managed to pass AB-45 but the California Department of Public Health (CDPH) hasn’t really done anything since. That will change soon. Finally, California will regulate CBD. California is getting CBD regulations

canna law on the internet

Half-Truths and Canna Law on the Internet

When it comes to canna law on the internet, half-truths might be a bigger problem than outright lies or mistakes. Recently, our sister China Law Blog declared that China Law on the Internet Is All Wrong. As a lawyer who spends a lot of time working on China-related matters, I can confirm that there is

cbd product label

Six Requirements for CBD Product Labels

Because the Food and Drug Administration (FDA) says that CBD-infused foods and dietary supplements cannot be lawfully sold or marketed in the United States, we’re left with a patchwork of often inconsistent state laws. One of the areas where there can be the biggest differences is in CBD product labels. Complying with CBD label requirements

cannabis llc operating agreement

Cannabis LLCs Need Operating Agreements

Cannabis businesses are usually limited liability companies (LLCs). There are a lot of reasons for this, starting with the fact that LLCs are more flexible than corporations, which have much more rigid rules. To take advantage of those flexibilities, and for a lot of other reasons, LLC owners (called members) need an operating agreement. Below,

cannabis business insurance

Protect Your Cannabis Business from Crime Risks

Data reveal a concerning increase in violent crime in many U.S. cities during COVID in 2020 and 2021. Increasingly, cannabis businesses, particularly dispensaries, are targets for robbery or other criminal activity. The reason that cannabis businesses are being hit particularly hard is not hard to fathom. Federal law still treats cannabis as a Schedule I

cannabis trademark use in commerce

Cannabis Trademarks: Is the Lawful Use Requirement Even Lawful?

Is the lawful use requirement for trademarks lawful? In a recent Vanderbilt Law Review article, Robert A. Mikos compellingly argues that it is not. The article is a must-read for anyone interested in the topic of cannabis trademarks, but highlights a problem that goes far beyond cannabis, and indeed trademark law. For those unfamiliar with

oregon hemp moratorium jefferson josephine

Oregon County Hemp Moratoriums

On March 7, Oregon law makers passed Senate Bill 1564 (SB 1564) which empowers counties to impose hemp moratoriums within their jurisdictions. To impose a hemp moratorium, a county must simply declare a state of emergency related to cannabis and notify the Oregon Department of Agriculture (ODA) of the declaration and request that the ODA