Latest from Cultiva Law Blog

During Oregon’s 2021 legislative session, a new bill was passed that completely shifts how the state regulates the hemp industry. While the intent of House Bill 3000 (“HB 3000”) was to remove and deter “bad actors” that have invaded Oregon’s hemp industry in the last several years, the new regulatory framework established by HB 3000 could have dire consequences on the hemp industry as businesses scramble to ensure they are in compliance with the…
Pre-Proposal Statement of Inquiry | WSR 21-15-098 Thus far, the Hemp Industry has primarily been an open market. As such, the main concern of Cannabis regulators has been to focus primarily on THC content, Isomers of Cannabinoids. The lack of knowledge in this plant and the lightspeed evolution of the science of the plant has led to an even larger issue: a lack of guidance on manufacturing practices for those in the Hemp Industry. As…
Cannabis was a hot topic during Oregon’s 2021 legislative session. Although only 8 of the over 30 bills introduced were signed into law, some of these will have a significant impact on the industry, including a sweeping change in how Oregon regulates hemp. Below is a summary of the more notable bills that passed: Senate Bill 96 (SB 96) and House Bill 3000 (HB 3000) These two bills signal a significant shift in the oversight…
Watching the hypocracy of Sha’Carri and her punishment unfold has been challenging. Right out the gate, President Biden’s response is tone deaf as ever on the subject. Throwing in at the end that he is proud of her response, which was her acceptance of responsibility and apology, shows no particular or further insight. It goes without saying this industry would not exist without people being willing to break the rules. So, yes, “the rules are…
In the states where cannabis is legal, there are several choices concerning which type of marijuana-related business that you can start. While each business is different, there are some commonalities. Whether you start a retail, processing, or growing business, you will first need to craft a plan and conduct research on the current market you plan to enter. To be sure, your background and experience may also play a role in deciding which type of…
The allure of the cannabis business has cast its net long and wide over the entire nation. Some states are already seeing the revenue generated from marijuana sales reach into the billions. Still, banking within the cannabis industry remains a prickly issue. Despite a glimmer of hope on the horizon, marijuana continues to technically be illegal on the federal level. Because of this, banks are hesitant to do business with cannabis-related businesses, and businesses are…
The cannabis industry is one of the fastest growing sectors in the country. Forty-seven states have legalized cannabis in at least some form—as CBD oil or for medical or recreational use—and it may only be a matter of time before marijuana is legal nationwide. With the unyielding demand for the drug, coupled with recent changes in the law, you may be interested in starting your own marijuana business. But where do you start? And, more…
What has long been a major handicap to the cannabis industry may finally be coming to an end. As federal law currently stands, financial institutions in states where marijuana is still illegal cannot provide services to cannabis-related businesses. For these banks, proceeds from cannabis-related transactions are considered proceeds from unlawful transactions, which allows the government to seize those proceeds and prosecute the banks for money laundering. However, recent legislative developments suggest that this policy may…
In a move that comports with New Jersey’s recent legalization and decriminalization of marijuana, the state’s Attorney General directed law enforcement agencies to stop arrests for minor marijuana offenses and for prosecutors to immediately dismiss all such pending criminal charges. The policy change comes at a time when New Jersey is preparing a framework for the regulation of the legal cannabis industry. In November of last year, New Jersey residents voted to legalize recreational marijuana.…
Since legalizing recreational marijuana in 2012, the State of Washington has been at the forefront of the legalization movement. With revenue from marijuana sales reaching into the billions, there seems to be no sign of the cannabis industry slowing down. If you’re looking to cash in on this industry, there are a number of profitable avenues that you could pursue within the legal cannabis realm. First, though, you will need to do your research. You…