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  • Cannabis Multi-State Operators: Top 5 Mistakes

    May 25, 2021, 10:00 am By Vince Sliwoski
    We work with a good number of multi-state operator (MSO) cannabis companies. Always have. Most of these companies are publicly traded, although others remain closely held. With more MSOs on the scene than ever before, it seems like a good time to list out some…
  • Ketamine and Off-Label Issues

    May 24, 2021, 10:00 am By Ethan Minkin
    A common question that arises in Ketamine clinic transactions is whether a clinic or physician (collectively, “healthcare providers” or “providers”) can use or promote Ketamine for off-label uses. The short answer is yes, subject to several caveats, as…
  • What You Need to Know When Buying a Cannabis Business, Part 3: Hiring Your Lawyer

    May 23, 2021, 10:00 am By Jonathan Bench
    Buying a cannabis business does not occur in a matter of days, and transactions fall apart for a variety of reasons, as we discussed in Part 1 of this blog series focused on the buy-side of a cannabis M&A transaction. In Part 2, we focused on the regulatory…
  • Cannabis Litigation: Writs of Attachment

    May 22, 2021, 10:00 am By Jihee Ahn
    Last month, I wrote this post about the availability of fraudulent transfer claims under the Uniform Voidable Transactions Act when it’s possible that a cannabis judgment debtor (or soon to be judgment debtor) begins to move its assets around to avoid future…
  • The Marijuana Regulation and Taxation Act: I’m in a New York State of Mind

    May 21, 2021, 10:00 am By Simon Malinowski
    Over the last few weeks we have seen a number of articles about New York’s Marijuana Regulation and Taxation Act (MRTA) written by attorneys based outside of New York or (worse yet) attorneys who are not licensed to practice law in New York. We have been…
  • R.I.P. Delta-8 THC

    May 20, 2021, 10:00 am By Griffen Thorne
    Delta-8 THC had a good run. People made money, customers were happy, and it all seemed legal to boot. Like all good things in life, states and the DEA are doing everything in their power to ensure that delta-8’s run comes to an end. Let’s talk about why.…
  • MDMA (Ecstasy) Nears FDA Approval for PTSD Treatment

    May 19, 2021, 10:00 am By Andrew Smith
    Efforts by the Multidisciplinary Association for Psychedelic Studies (MAPS) to legalize prescription MDMA (Ecstasy) appear to have passed a gigantic hurdle earlier this month: MDMA is on track to meet the testing requirements to be a legalized prescription…
  • Did California Quietly Ban CBD Cosmetics?

    10:00am By Griffen Thorne
    If you’ve been reading our blog for the last few years, you know that California has taken a pretty absurd position on hemp-derived CBD for the last few years. Though the state led the charge to legalize cannabis (in California, “cannabis” is legally…
  • New Door for Cannabis Trademarks May Be About to Open

    Mon 10:00am By Fred Rocafort
    As we often point out in these pages, cannabis companies are unable to register trademarks for many of the core products. The United States Patent and Trademark Office (USPTO) “refuses to register marks for goods and/or services that show a clear violation…
  • A Close Look at the Arizona Draft Social Equity Regulations (Comments Due Today!)

    May 16, 2021, 10:00 am By Ethan Minkin
    The Arizona Department of Health Services (the “Department”), which is the cannabis regulatory authority in Arizona, released the draft regulations for the Social Equity Opportunity Program (“SEOP”). Click here to view the draft regulations. Comments…
  • Cannabis and NFTs: Collectible Art or Regulated Ads?

    May 15, 2021, 10:00 am By Hilary Bricken
    Back in 2015, when I was a regular columnist for Above The Law, I wrote a piece called “Cannabis Advertising: Is Pot Obscene?“. That article focused on general speech issues around cannabis ads. We’ve also written over the years about how various social…
  • Marijuana Reform: Free Allen Russell

    May 14, 2021, 10:00 am By Jesse Mondry
    The insanity of the war on drugs needs to stop. Sixteen states and the District of Columbia have legalized marijuana for adult recreational use. Roughly 40% of Americans live in jurisdictions where some form of marijuana use is legal– that’s over 130…
  • Oregon Cannabis Industry Proposes Changes to Rules and Statutes

    May 13, 2021, 10:00 am By Jesse Mondry
    This note discusses legislation proposed for this year’s Oregon legislative section. Specifically, Senate Bill 408, titled “Enforcement Reform,” that seeks to amend the statutes governing recreational marijuana and the Oregon Liquor Control…
  • Is Cannabis Legal in D.C.?

    May 12, 2021, 10:00 am By Nathalie Bougenies
    I recently relocated to Washington, D.C. to join our East Coast practice group and have been inundated with inquiries surrounding the legal framework of recreational cannabis (i.e., marijuana and hemp) in the nation’s capital. So, in light of this…
  • Cannabis M&A and Real Estate Transactions: What is a Closing?

    May 11, 2021, 10:00 am By Griffen Thorne
    Virtually any time that there are transactions involving cannabis company mergers, cannabis company acquisitions, or cannabis real estate sales, and in many cases involving the sale of assets of a cannabis company, the parties are likely to encounter a concept…
  • New York Real Estate and Cannabis: Part 1

    May 10, 2021, 10:00 am By Simon Malinowski
    Here at the Canna Law Blog, we had intended to start our series on the real estate implications of the Marijuana Regulation and Taxation Act (MRTA) with a discussion of issues faced by each license type. But after reading The New York Times’ recent article…
  • Forced Labor and Cannabis

    May 9, 2021, 10:00 am By Fred Rocafort
    In recent weeks, I have spoken to several entrepreneurs interested in growing cannabis in Africa for exportation to the United States and other markets. It is not hard to see their attraction to the idea: The areas in question have suitable climates to grow…
  • Cannabis Dispensaries and the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”) – Part I

    May 8, 2021, 10:00 am By Ethan Minkin
    Clients have often as asked whether HIPAA applies to the cannabis industry. As with anything else in healthcare, the answer can be complex. HIPAA was enacted in 1996 to help protect a patient’s healthcare information. While HIPAA is expansive, to the extent…
  • Cannabis in New York: Intro to the Marijuana Regulation and Taxation Act: The Webinar Video Replay

    May 7, 2021, 10:00 am By Canna Law Blog
    For anyone who was unable to join our May 4th webinar, Cannabis in New York: Intro to the Marijuana Regulation and Taxation Act, we’ve got you covered! Below, please find the full presentation for your viewing pleasure. You can download the transcript HERE.…
  • USPTO Refusal To Register Cannabis Trademarks Hurts Public

    May 6, 2021, 10:00 am By Fred Rocafort
    The U.S. Patent and Trademark Office’s policy of rejecting applications to register trademarks that identify nonhemp cannabis products, as well as certain hemp CBD products, reflects an unduly doctrinaire approach that ultimately makes Americans less safe.…

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