Every state has some form of open records laws. Most of us have probably heard of the Freedom of Information Action (“FOIA”) which is the federal open records law. The purpose of the FOIA according to the U.S. Supreme Court is “to ensure an informed citizenry, vital to the functioning of a democratic society, needed
For the past few years, I have been engaged as an expert witness on a series of cannabis litigation matters here in Oregon. The way litigants use experts varies across jurisdictions due to local rules of evidence and other factors, but in any jurisdiction, compelling expert testimony can make or break a case. In this
People familiar with the Oregon cannabis industry know of its strange and lucrative secondary market for cannabis producer licenses. For the past few years, but especially the past year, we’ve helped many farmers buy and sell these licenses (or, more accurately, “interests in successor licenses”). To be clear, most of these sales involve no equipment,
A hemp grower in Jackson County, Oregon has filed suit against the Oregon Department of Agriculture (ODA) over failure to issue hemp registrations and against the Jackson County Sheriff to prevent the destruction of its hemp. We’ve written on about the difficulties hemp farmers face when law enforcement seeks to destroy, or does destroy, a
Earlier this month, Oregon Governor Kate Brown signed into law HB 3000, an omnibus bill covering a wide range of hemp-related issues. Unlike other cannabis bills passed last session, HB 3000 was written to take effect on passage, so it is now law. One of the important HB 3000 terms is a restriction on the sale
While the Food and Drug Administration (the FDA) continues to drag its feet in forging a legal path for the manufacture, sale, and distribution of hemp-derived products, state regulators are keeping up with the demands of this evolving market and adopting increasingly more nuanced and more sophisticated regulations for these products. Several states, including Oregon
Summer’s here, a massive heatwave just hit the west coast, and fire season is right around the corner. This is the harsh reality for west coast residents and it doesn’t look like that’ll change anytime soon. Wildfires have a severe impact on entire communities and everyone can be impacted. But there are some unique issues
The 2021 Oregon legislative session wrapped up on Sunday, June 27. Thus I am here with our annual update on the state’s new cannabis laws. This year, I count 10 passed bills that deal squarely with cannabis. Some of these bills already have been signed by Governor Brown, while others are still making their way
Hemp farming is big business in southern Oregon. The investment needed to successfully plant, grow, harvest, and sell a hemp crop is substantial—in terms of both time money. Risks like drought, fire, pests, theft, and depressed prices add up to a business environment not for the faint of heart. Compounding these stressors are the risks
This post discusses the use of the federal “illegality defense” in connection with third-party subpoenas in litigation. Let’s start with a review of the illegality defense. Cannabis litigators, investors, and companies who decide to file a lawsuit arising out of a business transaction likely are familiar with the “illegality defense.” An initial question is choosing
