The Corporate Transparency Act (CTA) seeks to increase corporate transparency and combat financial crimes in the U.S. such as money laundering and terrorist financing. Enacted in January 2021 as part of the National Defense...more
There are now dozens of multistate operators (MSOs) in the U.S. cannabis industry. Since 2010, the concept of MSOs has carried many connotations, good and bad. At times, MSOs are considered the ultimate form of “Big...more
Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National...more
4/29/2024
/ Bureau of Reclamation ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
CARES Act ,
Controlled Substances Act ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud ,
Marijuana Related Businesses ,
NLRB ,
Paycheck Protection Program (PPP) ,
Qui Tam ,
Reckless Disregard ,
Retailers ,
SBA ,
USPTO
California’s Emerald Triangle is a famed region in the Golden State for the cultivation of top-notch cannabis. In particular, Humboldt County is home to some of the nation’s most seasoned, generational cannabis farming...more
In 2023, Total Wine & More jumped into the cannabis drinks arena in Minnesota. Since then, there’s been an influx of “THC Beverages” hitting the marketplace, including in interstate commerce. How is this legally possible, and...more
4/4/2024
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Farm Bill ,
Hemp ,
Hemp Cultivation ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses
Dealing with creditors is never a fun experience. However, some creditors are more severe than others, especially in the cannabis industry. One of those is the California Department of Tax and Fee Administration (CDTFA),...more
3/28/2024
/ California ,
Cannabis-Related Businesses (CRBs) ,
Creditors ,
Department of Taxation ,
Insolvency ,
Limited Liability Company (LLC) ,
Marijuana Related Businesses ,
Offer-in-Compromise ,
Payment Plans ,
Penalties ,
Personal Liability
Cannabis investing is risky business. The current federal conflict, a punitive federal income tax situation, and an inability to access financial institutions put off many institutional investors. Not so though for Emily...more
Since legalizing in 2016, California has experienced rampant rate failure across its licensed cannabis companies. The State of California also has some of the highest and most aggressive cannabis taxes in the nation. In an...more
If you’re in house counsel at any company, you’re likely looking to cut down on the day to day, high volume minutia posed by a variety of commercial agreements and transactions that come your way time and again. Doubly so in...more
Due to current federal law, cannabis businesses notoriously cannot access financial institutions, even just for depository accounts. In 2014, the Financial Crimes Enforcement Network (FinCEN) released guidelines that opened...more
On October 26, 2023, a group of large cannabis companies based in Massachusetts filed suit in the U.S. District Court for the Western District of Massachusetts against Merrick Garland, our current U.S. attorney general,...more
I split my time between Los Angeles and Milwaukee these days (I’m eligible to practice law in Wisconsin), and I often find myself working from my firm’s Milwaukee office depending on the month. Wisconsin is an incredibly...more
On October 6, 2022, President Biden made a statement in which he asked the Secretary of Health and Human Services (HHS) and the Attorney General to review how marijuana is scheduled under federal law. In his statement, the...more
Artificial Intelligence (AI) continues to jump leaps and bounds in 2024. As a lawyer, I’m always curious about how to integrate AI into my practice in order to better serve my clients. And now and then I check in with this...more
Overall, 2023 was a tough economic year for the entire cannabis industry. And with lean economic times comes a myriad of bad behavior, and cannabis is no exception. Every year, I like to put out a list of the top cannabis...more
12/19/2023
/ Agribusiness ,
Artificial Intelligence ,
Cryptocurrency ,
FinCEN ,
Food and Drug Administration (FDA) ,
Marijuana ,
Marijuana Related Businesses ,
Ponzi Scheme ,
Popular ,
Price Inflation ,
Pump and Dump ,
Scams ,
Securities Fraud