Category: Legal

Gottlieb is out; will this stall the progress on CBD?

April 8th, 2019

2018 was the year for cannabidiol: the U.S. Food and Drug Administration (FDA) granted its first-ever approval of a CBD-containing drug, GW Pharmaceutical’s Epidiolex, which is used to treat certain epileptic seizures; shortly thereafter, the DEA took FDA-approved, CBD-containing drugs off Schedule I of the Controlled Substances Act; then Congress…

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The ins and outs of M&A in the legal cannabis industry

March 12th, 2019

The combination of two or more businesses, whether by merger or acquisition, can present owners and managers with a new range of opportunities and threats. Nowhere is this truer than in the cannabis industry, where rapid growth and a complex patchwork of regulations combine to create a challenging business environment.…

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Leveraging the Law Product Liability Litigation for the Cannabis Industry

March 11th, 2019

The legal cannabis industry continues to grow at a remarkable pace, both in the medicinal and the recreational sectors. From retailers to growers to the distribution chain, and everything in between, this means new and exciting opportunities. Companies have invested large amounts of money to develop new cannabis products, new…

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The big questions in California as legality enters year two

March 4th, 2019

As an attorney in California, I get a lot of questions from current and prospective cannabis professionals about how they can be sure they can stay on the right side of law while still doing everything they can to be successful. Here are answers to some of the most common…

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Details of regulating marijuana like alcohol in New York

March 1st, 2019

After years of failed laws prohibiting a product that most adults use responsibly, rational voices prevail. The state is on the cusp of enacting a system that legalizes it, taxes it and regulates it. The main question on every policymaker’s mind is the same: How are we going to take…

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Preparing for legalization in New York and New Jersey

March 1st, 2019

It is no secret that New York and New Jersey — two of the nation’s most populous states — are racing to legalize adult-use cannabis in 2019, and experts predict that Illinois, Connecticut, New Hampshire, New Mexico, Rhode Island and Minnesota are strong 2019 contenders as well. While prospective operators…

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Holy @#$%, I’ve Been Sued!

March 1st, 2019

So, you’ve opened your cannabis business. You’ve thought of everything you can to make this business a success. You hired an accountant, got your insurance and retained an attorney? You’re all set to start raking in the big bucks … and then, you get sued. Everyone shudders at the thought…

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States crack down on CBD following FDA warning

February 28th, 2019

There’s no question that passage of the Agricultural Improvement Act of 2018 (also known as the Farm Bill) in December 2018 was a tremendous victory for the commercialization of hemp and hemp products, including CBD. Among other things, the Farm Bill allows for broad cultivation of hemp, extends protections for…

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Harborside decisions provide guidance on IRC 280E

February 28th, 2019

Harborside, one of the most well-known and iconic cannabis dispensaries in the country, recently found itself on the wrong side of two U.S. Tax Court opinions that will reverberate through the entire cannabis industry. On Nov. 29, 2018, the tax court issued the first opinion regarding the Oakland-based retailer’s deduction…

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One State Over the Line

February 27th, 2019

In the past two years alone, state-licensed producers in Oregon have harvested more than 3.6 million pounds of usable marijuana. At the current pace of sales, that’s enough to last them nearly eight years. “We have an economic catastrophe over here,” says Adam Smith, the founder and executive director of…

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