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Washington Court of Appeals Overturns LCB Interpretation of “Tied House” Rule

The State of Washington strictly regulates the relationships between marijuana producers and processors, on the one hand, and marijuana retailers, on the other. Many states permit the same persons to hold financial interests in all three types of licenses. But not Washington. Under RCW 69.50.328, neither a licensed marijuana producer nor a licensed marijuana processor

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Washington State Considers the Future of Its Cannabis Industry

I absolutely loved Washington State when I lived there. I lived in Seattle for seven years and was one of the first attorneys in the state to take on medical cannabis business clients in 2010 and then again with adult use clients in 2012 when I-502 passed. Our law firm is a pioneer in the

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Washington Cannabis: Buckle Up for a Brisk 2021 in M&A Activity

The year 2020 was a shock for all of us from both personal and business perspectives, but 2021 is shaping up to look much better, especially for Washington cannabis companies. In the past three months, I have had serious conversations with many clients and prospective clients regarding M&A activities. The pace of inquiries has accelerated

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Does My International Cannabis Business Need to Register in the U.S.?

In the prior post in this series, we discussed U.S. federal and state taxation requirements for international cannabis companies. This post focuses on when a foreign company should or must register as doing business in a U.S. state, either by registering their foreign company directly in that state or by forming an affiliate or subsidiary

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Does My International Cannabis Business Need to Pay U.S. Federal or State Taxes?

We regularly field inquiries from international companies and existing international clients regarding U.S. cannabis business operations. This post and the two that follow will answer questions for foreign cannabis companies regarding when they need to pay U.S. federal and state income taxes, when they need to register a U.S. business entity, and what options are

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Washington Cannabis: What to Watch for in 2021

Because this is the beginning of the year, and because I have had many clients ask me about the status of Washington’s cannabis market lately, I wanted to weigh in on my predictions for Washington cannabis developments in 2021. WSLCB Rules Even though we would consider Washington’s marijuana market quite mature when compared to many

Washington Cannabis: Who is a True Party of Interest Under the New Rule?

At long last, the Washington State Liquor and Cannabis Board (“LCB”) has finished revising its “True Party of Interest” rule (TPI). This process started way back in August of 2018 and after many revisions and multiple legislative changes. The LCB approved the new rule on September 2, 2020 and they will go into effect on

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Washington May Redefine What it Means to Own a Marijuana Business

On May 20, 2020, the Washington State Liquor and Cannabis Board (LCB) held a virtual listen and learn forum on Draft Conceptual Rules Regarding Marijuana Licensee True Party of Interest Rules. Cannabis Observer covered the forum and a summary is available here. The move to change the true party of interest (TPI) rules started in October

Hemp CBD Across State Lines: Washington

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp