Category: Legal

Cannabis Across Borders

June 11th, 2019

Earlier this year, Israel become the third country to legalize the importing and exporting of cannabis, joining Canada and the Netherlands. While this presents significant opportunities, it is unlikely to fully take shape while cannabis remains a Schedule I substance in the United States. Despite the fact that cannabis still…

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Bankruptcy cannot protect legal marijuana businesses

June 7th, 2019

As the marijuana industry continues to grow, individuals and organizations that provide goods or services to cannabis-based businesses may face legal consequences few have considered. While many individuals involved in marijuana businesses want little to no federal intervention when it comes to enforcement of laws, they may fail to understand…

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Questions abound for alcohol beverage companies

June 6th, 2019

Faced with expansive entrepreneurial opportunities in the marijuana and hemp industries, alcohol beverage suppliers within the United States are faced with an existential conundrum of sorts: Do they jump into the fray or lose loyal customers to novel products in the rapidly expanding cannabis marketplace? Furthermore, given the complexities of…

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Founder-friendly deals: Keep your place in your company

May 21st, 2019

The age of roll-up and consolidation in the cannabis industry has dawned and cannabis news is now dominated by stories of mergers and acquisitions. Those doing the acquiring, for the most part, are large, multi-state operators who are keen to convince smaller, mom-and-pop businesses that consolidation is the only means…

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The FAQs of CBD

May 10th, 2019

The 2018 Farm Bill transformed the hemp industry by making it legal to produce and sell hemp, as well as legalizing the production and sale of cannabidiol (CBD) derived from hemp. However, the U.S. Food and Drug Administration (FDA) was quick to jump in and say “not so fast” for…

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Harborside tax case hinges on definition of ‘consists of’

May 7th, 2019

The end of 2018 brought with it an interesting U.S. Tax Court case affecting the cannabis industry. Though not a pro-taxpayer case — the IRS won on the major counts — the Harborside case provides some insight into structuring cannabis-related businesses with a view to deduction of business expenses. The taxpayer in…

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Cannabis and the FDA: The wait continues

May 6th, 2019

In a significant step toward the legalization of cannabis in the United States, the Farm Bill became law in December 2018. Among other things, this new law removed hemp from Schedule I of the Controlled Substances Act, effectively eliminating the federal ban on cultivars of cannabis that have less than…

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Preparing your cannabis company for investments and financing

April 30th, 2019

Warren Buffett once said, “the investor of today does not profit from yesterday’s growth.” This is as true in the cannabis industry as in any other industry. What you and your company have done is certainly interesting, but investors want to know what you’re going to do. The future is…

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California’s new privacy law applies to cannabis industry

April 18th, 2019

On Jan. 1, 2020, entities doing business in California will have to comply with the California Consumer Privacy Act (CCPA), a first-in-the-nation law that grants numerous privacy rights to California residents. The CCPA will require thousands of businesses to undertake significant compliance efforts or risk substantial penalties. For cannabis businesses,…

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What does the legalization of CBD mean for marketers?

April 9th, 2019

Cannabidiol, or CBD, is all the rage these days. It’s being marketed to alleviate a wide variety of conditions, ranging from acne and anxiety to seizures and vertigo. Like medical marijuana, CBD is sold in several forms, including vapes, tinctures and edibles. Creative marketers, however, are incorporating CBD into myriad…

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