global cannabis

America’s Missed Opportunity in the Global Marijuana Market

After attending the International Cannabis Business Conference (ICBC) in Berlin at the end of April, I was reminded, yet again, of how draconian U.S. marijuana laws truly are. The excitement throughout the event was palpable. Much of it was driven by Germany’s newly formed government keeping its quasi-legalization policy intact, even if adult-use trials remain

foreign company due diligence

Due Diligence in Cannabis Transactions: Mechanics and Red Flags

I don’t know how it came to be, exactly, but I’ve spent countless hours of my adult working life aiding due diligence on cannabis transactions. These transactions involve all kinds of companies, from sole proprietorships to public companies, and a variety of deals–from leasing, to financing, to good old M&A. Today, I’ll cover how diligence

cannabis trademark

How Strong Is Your Cannabis Trademark?

Understanding Trademark Strength We frequently discuss the cannabis-specific challenges that brands face when seeking trademark protection. But it’s just as important not to lose sight of the core trademark principles that apply to all businesses—especially the need for a strong, distinctive mark. Clients often approach us with catchy, creative names that, unfortunately, are (or are

ballot measure 119

Oregon’s Ballot Measure 119: Time’s Almost Up?

Hopefully this is the penultimate time I’ll write about Ballot Measure 119. Hopefully, some three weeks from now, I’ll publish one last post explaining that this landgrab initiative was annihilated, judicially speaking. The recent Federal Court hearing On April 29th, Judge Michael H. Simon heard arguments from the UFCW 555 and the Oregon Department of

red flags

Buyer Beware: Five Key Due Diligence Items When Buying a Cannabis Business

Our cannabis business attorneys regularly handle transactions involving the purchase and sale of licensed cannabis businesses. These deals often move fast, with brokers rushing both sides toward closing—frequently without regard for applicable diligence and cannabis regulations. The worst-case scenario is when a company comes to us after executing a seller drafted purchase agreement without having

cannabis llc operating agreement

Why Cannabis LLCs Need Operating Agreements

Cannabis businesses are usually structured as limited liability companies (LLCs)—and for good reason. LLCs offer far more flexibility than corporations, which are bound by rigid governance rules. To take advantage of this flexibility (and for many other reasons), LLC owners—called members—need a well-drafted operating agreement. Below, we look at a few critical reasons why cannabis

cannabis business ownership

File Under Bad Ideas: 50/50 Cannabis Business Ownership

There are many ways to set up a cannabis business, and we like to think that we’ve seen them all. But there’s probably no worse category than 50/50 ownership of a business– a recipe for all sorts of disasters. Let’s look and why that is, and some ways to avoid it. What 50/50 ownership means,

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