A few weeks ago, I wrote about issues with valuing partial ownership interests in a marijuana dispensary. (Of course, these also apply to other companies). This post focused on how the entity choice chosen at formation can affect later value determinations. By and large, valuation problems can arise when a majority owner tries to buy … Read more
As I mentioned in my last post, claims in litigation in the cannabis industry are evolving and expanding, and we have seen significant interest in libel claims. Below is an introduction to California’s anti-SLAPP law, codified in the Code of Civil Procedure, Section 425.16. Subsection (a) describes its purpose: “Legislature notes and states that there … Read more
It can be difficult and confusing for an international cannabis company to figure out the best way to do banking in the United States. We know this because it is even confusing for domestic marijuana and hemp companies in the US to determine who to bank with. Banking is not limited to traditional large international … Read more
In my last post in this two-part series, I specifically focused on California’s current relationship with telemedicine and cannabis. Undoubtedly, doctors are free to recommend medical cannabis to qualified patients via telehealth platforms, apps and technologies, provided the doctor follows Prop. 215 as well as telehealth laws and regulations. This post details the legality of … Read more
Last month, I spent a Saturday scraping together a syllabus for the Cannabis Law and Policy class I teach at Lewis & Clark Law School here in Portland, Oregon. In one unit, we go through the regulatory history of Oregon cannabis. From an academic perspective, it’s amazing to look at all the things that have … Read more
Our cannabis company lawyers have drawn up many cannabis supply chain agreements (such as distribution agreements, licensing agreements, etc.) over the years. In general, supply chain cannabis contracts have the same format and the same nuanced provisions seem to keep popping up (some of which I wrote about before here under three-party supply chain agreements). … Read more
Five Latin American nations will hold presidential elections in 2021, and two more will hold parliamentary elections. Most of these competitions will have an impact on cannabis policy, and we will examine what every vote is about, starting with Ecuador voting for a new president and legislature next Sunday, February 7th, for a new president … Read more
Last year we had a miniseries on the blog that covered the top five causes of action in the cannabis industry (links to the series can be found at the end of this post). We then received a number of requests for advice or questions from existing clients about another notorious claim that seems to … Read more
In the previous post in this series, we discussed US and state tax requirements for international cannabis companies. This post focuses on when a foreign corporation should or must register as a corporation in a U.S. state, either by registering its foreign corporation directly in that state or by establishing an affiliate or subsidiary in … Read more
One of the clearer aspects of California cannabis law is age restrictions. People can only enter pharmacies if they are 21 years of age or older (for adult recreational customers) or 18 or older (for medical customers). The state affirmatively requires retail licensees to verify the appropriate age of customers before even allowing them into … Read more