The Texas Supreme Court recently upheld the state’s smokable hemp ban. This is bad news for the smokable hemp industry inside and outside of Texas. Today, we’ll look at what happened. As our readers know, the federal 2018 Farm Bill classified “hemp” as an agricultural product and removed hemp from schedule I of the federal
Complying with cannabis business regulations presents a challenge for start-ups and smaller firms. Corporate and regulatory attorneys often help clients understand and comply with complex regulations. This is especially true in the cannabis industry. In the United States, many industries lack well thought out regulatory policy. Some industries, like cannabis, suffer from over-regulation, overwhelming smaller
On January 1, 2023, California’s Department of Cannabis Control (DCC) will begin accepting applications for large cultivation licenses for the first time ever. California law authorized large cultivation licenses years ago. But, the law caveat was that applicants could not apply for large cultivation licenses until 2023. And on June 17, the DCC announced it
On June 14, the Sixth Panel (Sexta Turma) of Brazil’s Superior Court of Justice (Superior Tribunal de Justiça, or STJ) issued a decision allowing cultivation of cannabis for medical purposes. The STJ is responsible for uniformizing the interpretation of Brazilian federal law across the country, and serves as the court of final appeal for cases
In April 2022, new Washington State Liquor and Cannabis Board (LCB) cannabis pesticide testing final rules took effect. Under the rules, cannabis flower and intermediate products must undergo contaminant testing. The rationale for the is consumer safety – which seems like a legitimate concern given that recreational use cannabis producers were previously not required to test
As Europe’s biggest economy, Germany has the potential to be Europe’s recreational cannabis powerhouse. Germany is less progressive than some of its neighbors though, and as things stand it only has a limited medical cannabis program. With a new coalition of the SPD (social democrats), FDP (somewhat akin to libertarian), and Greens, the status quo
One of the most important decisions a new cannabis business can make is the form of entity it will use. In fact, one of the first questions businesses ask is whether the right entity for a cannabis business is a limited liability company (LLC), corporation, or something else. Like basically every other legal analysis, the
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
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
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
