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

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

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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

arizona social equity cannabis licensing

A Close Look at the Arizona Draft Social Equity Regulations (Comments Due Today!)

The Arizona Department of Health Services (the “Department”), which is the cannabis regulatory authority in Arizona, released the draft regulations for the Social Equity Opportunity Program (“SEOP”). Click here to view the draft regulations. Comments to the draft regulations are due by Sunday, May 16, 2021 (that’s today!). Under the SEOP, Arizona will issue another

Cannabis and NFTS

Cannabis and NFTs: Collectible Art or Regulated Ads?

Back in 2015, when I was a regular columnist for Above The Law, I wrote a piece called “Cannabis Advertising: Is Pot Obscene?“. That article focused on general speech issues around cannabis ads. We’ve also written over the years about how various social media platforms broadly prohibit pretty much any speech with the word “marijuana”

cannabis transaction closing

Cannabis M&A and Real Estate Transactions: What is a Closing?

Virtually any time that there are transactions involving cannabis company mergers, cannabis company acquisitions, or cannabis real estate sales, and in many cases involving the sale of assets of a cannabis company, the parties are likely to encounter a concept called “closing” in their purchase agreements. Closing isn’t necessarily unique to purchase and sale situations