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Why Nondisclosure Agreements are So Important

Nondisclosure agreements (sometimes abbreviated, “NDAs”) are some of the most important agreements a company can sign. At the same time, they can be some of the simplest agreements to get in place. Today I want to do a deeper dive into nondisclosure agreements, what they contain, and why they are important. What is a nondisclosure […]
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What to Expect in Cannabis Real Estate Deals

Cannabis real estate transactions can be notoriously complicated – much more so than your average real estate deal. On January 9, 2024, I’ll be speaking on a panel called “Navigating Real Estate Issues Impacting the Cannabis Industry” for the Los Angeles County Bar Association, where my co-panelists and I plan on touching on many of […]
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Cannabis Companies and the OTC Markets

I stumbled upon this recent post by Jason Paltrowitz titled “Lawful but Awful: The Small Cap IPO Cycle.” It contains some interesting findings and I like everything about it for cannabis companies, except the conclusion. The conclusion is that OTCQX and OTCQB markets are a good alternative to senior U.S. exchanges for small companies. The […]
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Risk Allocation in Cannabis Contracts

One of the main reasons why I am such a vocal supporter of written cannabis contracts is allocation of risk and liabilities. Parties to a cannabis contract have a number of ways that they can allocate risks and liabilities that they just won’t have in a “handshake” deal. Today I’ll explore six of the top […]
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Equity Incentives and Cannabis Businesses

A common way to get and retain employees is to issue them options or equity securities like corporate stock. But like with everything else, issuing securities is heavily regulated. Today, we’ll look at a few key issues for cannabis businesses that want to offer equity incentives. How do cannabis companies offer equity incentives? There are […]
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Cannabis Banking Today – Canna Law Blog™

We are helping build out another cannabis banking program here in Oregon. My law firm has done a series of these for credit unions (“CU”s) and other financial institutions (“FIs”) going back to 2014. We have also handled a good bit of hemp banking work– mostly in 2019 and 2020 before that industry cratered. In […]
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Florida Court Ponders Cannabis Legalization

On November 8, 2023, the Florida Supreme Court held oral arguments on the validity of a constitutional amendment initiative to legalize adult-use cannabis (case number SC2023-0682). The Florida Constitution requires the state’s Attorney General to request an advisory opinion from the Supreme Court on the validity of any ballot initiatives. Attorney General Ashley Moody has […]
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Federal Cannabis Legalization Isn’t Here Just Yet

I’ve been representing clients in California’s cannabis industry since 2018. Our firm has been representing businesses in the space for many years before that, in states with more mature licensing programs. One of the most common mistakes we see in new cannabis markets is businesses that rely too much on federal legalization happening. For example, […]
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The Lawsuit to End Federal Cannabis Prohibition Wouldn’t Really End Federal Cannabis Prohibition

The lawsuit filed on October 26 against Merrick Garland to “end federal cannabis prohibition” wouldn’t really end federal cannabis prohibition. If you had that impression, it may be because reporting on this topic has been subpar. Many of the headlines are incomplete or downright misleading. Some stories take several paragraphs to explain the actual nature […]
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China Manufacturing Tips for Cannabis Brands

We are seeing in an uptick in China-related matters involving cannabis brands. Here are three tips for cannabis brands that are getting their products made in China: 1. Sign a Contract As I recently wrote in our sister blog, “while having a contract provides no guarantee of smooth operations or favorable dispute resolution, a well-drafted […]
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