cannabis business purchase agreement

Buying a Cannabis Business: Step By Step

I often write about various discrete aspects of cannabis M&A transactions. A full list of my posts, along with other Canna Law Blog contributors’ posts, is linked at the bottom of this post. Today, rather than looking at individual elements of a cannabis M&A transaction, I want to walk through what a transaction looks like

ketamine clinic stark law

Ketamine Clinics and the Stark Law – Part I

The Physician Self-Referral Law, commonly referred to as the Stark law (42 U.S.C. § 1395nn), is one of several federal fraud and abuse laws. We have previously written about the federal anti-kickback statute (“AKS”) (click here to review). While the two laws may seem similar at first, they have very different rules and penalties. The

cannabis asset forfeiture missouri

Remember Cannabis and Forfeiture? It’s Baaaaack

Some readers may be surprised to realize that a lot of cannabis stakeholders actually don’t want broadsweeping federal legalization. Why? Because they know it means that they’ll instantly be competing with well-established companies that are already masters of economies of scale, branding, marketing, and consumer sales, and their market share will shrink or be eliminated

us postal service mail marijuana hemp cbd cannabis

Wait a Minute Mr. Postman: USPS Nixes Cannabis and Hemp ENDS in the Mail

Back in 2015, we wrote about the U.S. Postal Service (“USPS”) taking issue with companies placing cannabis ads in the mail. In a written notice dated November 27, 2015, issued by the Portland, Oregon, District Mailing Requirements Office, the USPS  explained: [i]f a mailpiece contains an advertisement for marijuana, that mailpiece is nonmailable” where the

cannabis transaction negotiation

Cannabis Transactions: Over-Negotiation is a Problem

There are a lot of reasons why deals may stall or fall apart before the parties can ever sign a contract. Maybe a deal is too complicated. Maybe the parties can’t come to an agreement on the major terms. Maybe it’s not legally practical. But one thing our cannabis business lawyers have seen time and

cannabis contract agreement

There is No Such Thing as Boilerplate in a Cannabis Contract

If you’re still at the point where you are playing lawyer sometimes or all of the time with your cannabis business contracts, then this post is for you. I grew up in rural Wisconsin with two parents who were raised in the wake of the Great Depression. My parents had a bunch of kids, and

Does Medical Licensing Make Sense in Recreational Jurisdictions?

Cannabis licensing has a pretty standard trajectory by this point in time. States tend to start out with medical programs and later adopt recreational programs. What usually happens is that the recreational cannabis market swallows up the medical market. The majority of medical operators will seek out and get authorization to sell recreational cannabis, and

Cannabis residency requirement

Are More Successful Residency Challenges Coming for Cannabis?

Seen as a protectionist, cottage measure to some stakeholders, residency requirements for cannabis licensure have been a staple in the industry since Washington and Colorado legalized cannabis statewide back in 2012. When I lived in Seattle, the local industry was mostly stoked then that “big money” and out-of-state interests couldn’t easily crash the party that

M&A Schedule

Cannabis M&A: Disclosure Schedules

My last post in this series, which ran a few weeks ago, went over some of the more common representations and warranties you’d see in the average cannabis M&A transaction. In that post, I briefly mentioned disclosure schedules, which are an integral part of a purchase agreement and its reps and warranties. Today, I’ll get

cannabis business ownership

50/50 Cannabis Business Ownership: A Terrible Idea

There are a lot of bad ways to set up a cannabis business, and we like to think that we’ve seen them all. But there’s probably no worse category than 50/50 ownership of a business – a recipe for all sorts of disasters. Let’s look and why that is, and some ways to avoid it.