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 cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the…

The California Department of Public Health (“CDPH”) has, to say the least, some very strict cannabis labeling regulations.  Earlier this year, I wrote about how the CDPH’s new rules were likely to create a mess in California and then how the California cannabis agencies sought to relieve some of the burdens on the industry by pushing back their expectations on compliance. While this gave cannabis companies a bit of wiggle room, it didn’t change…

We frequently write on hemp litigation and the ways farmers and purchasers can mitigate the risks inherent in this new industry. Along with others, we have stressed the importance of strategic and careful thinking before entering into a hemp-related contract.  Our cannabis lawyers frequently write and speak on these and related topics. A couple of my recent posts have highlighted litigation arising after harvest. This post discusses a federal lawsuit filed last week…

California’s illicit market for cannabis is booming—not just out in remote grows deep in the wilderness, but also in delivery and even brick-and-mortal retail stores in big cities all over the state. Our California cannabis attorneys regularly receive questions from licensed cannabis companies about what they can do to stay competitive in the face of unlawful operators who charge lower prices and operate (sometimes) 24 hours a day, seven days a week. There isn’t always…

Since 2014 we’ve cautioned investors about publicly traded marijuana stocks. Back then we cautioned would-be investors about “pot companies that are trading at frothy levels that are not well-positioned to compete in the marijuana marketplace.” More recently, we’ve written about the scale of mergers, acquisitions, and cross border work, how to “raise money right,” and how Canadian public companies invest in U.S. cannabis. Other posts have examined the challenges of cannabis startups…

A lot of attention has been paid recently to brick and mortar retail licenses in the City of Los Angeles for Phase 3 licensing, which is set to commence in early September of this year. While L.A. is trying its best to champion social equity with its Phase 3 storefront licensing, it’s also going to develop a Delivery Pilot Program for social equity applicants in the City. As a recap of Phase 3 in…