Why Most Cannabis Businesses Should Ditch Their SOW Models

Why Most Cannabis Businesses Should Ditch Their SOW Models

Lately, in my review of certain cannabis transactional agreements like cannabis intellectual property (IP) licensing agreements, manufacturing agreements, and distribution agreements, I’m seeing a really high number of statements of work (SOWs) attached. I’m not opposed to SOWs when they make sense. In cannabis though, nine times out of ten, a SOW model isn’t necessary,

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America, What Are We Doing?

Like many Americans, one of the first things I do every morning is check the overnight headlines, including anything that happened in the sports world. Recently, I woke up to an article about Los Angeles Lakers guard Alex Caruso being arrested at Easterwood Airport in College Station, Texas for “possession of marijuana and drug paraphernalia.”

clarence thomas cannabis marijuana

Federal Prohibition: Pressing Constitutional Conflicts

Justice Clarence Thomas is one of the most conservative Justices on the Supreme Court. One of the core tenants of his conservatism is a firm belief in federalism—a political principle that prioritizes the sovereignty of the states over that of the federal government. The strength of his conviction has led to some fascinating deviations from

delta-8 thc hemp dea legal

Hemp Industries Association Urges Regulation, Not Prohibition, of Delta-8 THC

For the past year, my colleagues and I have written extensively on the murky legality of Delta-8 tetrahydrocannabinol (THC). We have covered everything from the Drug Enforcement Administration (DEA)’s position on “synthetically derived THC” to the growing number of state bans. You can read more on these issues here: R.I.P Delta-8 THC DEA Interim Final

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Cannabis Due Diligence Mechanics and Red Flags

For years and years, our cannabis lawyers have assisted with due diligence on all kinds of cannabis transactions from sole proprietorships to public companies. So that means we are intimately familiar with the mechanics of how the due diligence process works on a series of different transactions, and that we have seen all kinds of

cannabis marijuana legalization map

Updated (and Interactive!) Cannabis Legalization Map

Cannabis legalization continues to sweep the nation. Below, you’ll find an interactive map of the United States and its territories containing information on each state’s cannabis legalization status. The map also includes information about pending cannabis legislation and the locations of Harris Bricken offices. Clicking on a state icon will reveal additional information about that

ketamine clinic anti-kickback

Ketamine Clinics and the Federal Anti-Kickback Statute: Beware!

In a prior post, we discussed some of the various Federal laws that apply when a ketamine clinic is a Medicare provider (or accepts reimbursement from another Federal program, like Medicaid, the VA, etc.). Click here to review the post. While other Federal laws apply in these situations (e.g., the Stark Law, the Federal False

Top 6 Ketamine Clinic Questions Asked and Answered

Top 6 Ketamine Clinic Questions Asked and Answered

Our firm has seen a recent increase in ketamine clinic clients, both domestic and foreign (including for ketamine clinic buyers engaged in M&A, see here and here). In both camps, certain questions keep cropping up regarding starting, operating, and managing a ketamine clinic venture in the states. And what’s abundantly clear is that many people

ketmaine clinic compliance

Ketamine Clinics and Compliance Plans

In prior posts, we discussed some of the common due diligence and compliance issues for ketamine clinics (see here and here). In this post, we discuss a healthcare compliance plan and the importance of having one in place for ketamine clinics. The Department of Health and Human Services (“HHS”) (which houses, among other agencies, the