cannabis M&A

Cannabis M&A: The Purchase Price and How It’s Paid

In this post, I want to get into what’s arguably the most important part of any cannabis M&A transaction – the purchase price and how it’s paid. There are virtually infinite ways to structure payment in these transactions, but we’ll take a look today at some of the most common structures and issues. To make

local control cannabis federal

The Future of Cannabis Won’t be Decided by the Feds. It’s the Locals.

Nationwide, cannabis companies and advocates are hailing the Cannabis Administration and Opportunity Act as the savior of the future of cannabis (a copy of the bill is here). If the Act passes, we will finally have federal legalization and the consequences of the current federal conflict will end, or, at least be reversed in the

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,

u.s. cannabis prohibition marijuana

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

foreign company due diligence

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