Canna Law Blog™

Legal Support for the Cannabis Business Community Since 2010

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By: Harris Bricken

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Latest from Canna Law Blog™

It’s amazing to experience such an impressive international gathering like Spannabis taking place in a country where, regardless of the massive cannabis culture and high social tolerance, legislation on the matter is way behind, and keeps criminalizing and punishing anything that goes beyond private consumption and self-growing. Culture, industry, business, mainstream and specialists, celebrities, growers, breeders and users from around the world met last weekend in and around Spannabis 2019. Spannabis is one of the…
Last week, the U.S. Department of Agriculture (“USDA”) held a public meeting during which hemp stakeholders shared their opinion on the promulgation of rules to regulate the crop. Pursuant to the 2018 Farm Bill, which legalized hemp by descheduling the crop under the Controlled Substance Act, the USDA is tasked with overseeing and regulating the production of hemp in the United States. Specifically, the federal agency is to review and approve “plans” submitted by…
Recently, we wrote about the increasing frequency of litigating cannabis business disputes in the courts, noting several possible causes for this change from the early days when private arbitration was the preferred forum. Meanwhile, the Oregon Liquor Control Commission (OLCC) is beginning to treat violators of the rules governing recreational marijuana much more seriously. One of the keys to prevailing in either (or any) forum, is efficient and thorough discovery. Cannabis businesses should…
Recently, the concept of “supervoting shares” in U.S. public companies has surfaced again in the news. Supervoting shares are created where founders wish to dilute themselves in an economic sense (in exchange for transformative capital), but retain outsized control in management and governance. This is different than your typical “class A and B shares” setup, where the former class of stock features robust voting rights, and the latter claims marginal or no voting rights.…
Our California hemp lawyers regularly get asked about the laws and regulations about growing hemp in California, manufacturing hemp products, and shipping those products around the country. I’ve written about the various hemp laws in California and how confusing they are previously (see here and here). Those posts, however, were more geared towards the manufacture and sale of hemp-derived cannabidiol (“Hemp CBD”) products than the actual cultivation of hemp, which is becoming an increasingly…
Three years ago, I did a TedX Talk titled “High Dive: Are We Creating Big Marijuana?” The issues I raised in my talk are still relevant today, especially as more states legalize. Basically the new question around state cannabis legalization is who should get to profit from it–big business or those most negatively affected by the war on drugs or some hybrid of the two that can live in harmony? By way of…
Great news: on March 7, 2019, the “Secure and Fair Enforcement Banking Act of 2019” (or, the “SAFE Banking Act”) was officially introduced in the House of Representatives. Even greater news: championed by Representatives Ed Perlmutter (D-CO) and Denny Heck (D-WA), the SAFE Banking Act reached the House with a bipartisan alliance of 106 co-sponsors – meaning a quarter of the House recognizes that state-legal, marijuana-related businesses need to be able to engage…
We’ve written about the potential benefits of harnessing the power of blockchain technology to track and trace cannabis from seed to sale and provide an effective regulatory tool for governments (see here and here). We’ve also warned of the risks and dangers (and outright scams) associated with many cryptocurrencies and the heightened risks that come when a federally prohibited substance is combined with use of typically anonymous cryptocurrencies. I have been writing and speaking…
California’s cannabis licensing process has been a mess for applicants since pretty much day one. Annual license applications have disappeared into a black hole for months, the window for obtaining temporary licenses was very small and many have expired, and many local jurisdictions decided to make up their own phased permitting processes that in many cases ensured that many operators could never be eligible for temporary licenses (e.g., Phase 3 applicants in Los Angeles). For…
February’s webinar “West coast Hemp-CBD After the Farm Bill” was a success! All of those involved at Harris Bricken enjoy hearing your positive words and questions. For those seeking more of the valuable information throughout the webinar, March holds many opportunities for you to attend events where Harris Bricken attorneys will be presenting. Read on to find out more. The Seminar Group – Owning and Operating a Winery | March 14, 2:30 PM…