The California Legislature has passed Assembly Bill 1482 – Tenant Protection Act of 2019 (“AB 1482”), providing for comprehensive statewide residential rent control and eviction protections.  Signed by
Continue Reading Tenant Protection Act of 2019 May Have Unintended Consequences in the Cannabis Space

The legalization of cannabis in several states had left a major question unanswered: is an employee who violates the federal Controlled Substances Act (“CSA”) by distributing cannabis as part of his or her job still subject to the federal Fair Labor Standards Act (“FLSA”), which provides for the payment of wages?
Continue Reading Tenth Circuit Holds the Controlled Substance Act Is Not At Odds With the Fair Labor Standards Act

On October 29, 2019, the U.S. Department of Agriculture (USDA) released its long-awaited interim final rule governing the U.S. Domestic Hemp Production Program. USDA has been developing these interim regulations since hemp was federally legalized under the 2018 Farm Bill. These hotly anticipated rules are important not only for hemp producers and hemp-derived product companies, but for cannabis companies interested in diversifying or pivoting into a crop that is legal under federal law.
Continue Reading BREAKING NEWS: USDA Releases Interim Final Hemp Rule

On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby, strengthening already union-friendly statewide cannabis law.
Continue Reading AB 1291 Forces California Cannabis Companies To Sign “Labor Peace Agreements” With Unions, But Statute May be Unconstitutional

U.S. House lawmakers on Wednesday approved overwhelmingly by a 321-103 vote the SAFE Banking Act. The SAFE Banking Act would pave the way for financial institutions and insurance companies to serve state-legal cannabis businesses and ancillary businesses without fear of federal reprisal. Ninety-one Republicans voted for the measure, in a showing of strong bipartisan support. This marks the first time a body of Congress has approved pro-cannabis legislation.
Continue Reading U.S. House of Representatives Passes SAFE Banking Act

On May 2, 2019, the United States Trademark Office issued new Examination Guidelines for goods and services associated with cannabis and cannabis-derived products and services legalized under the 2018 Farm Bill.[1] This crack in the federal armor against the cannabis economy opens the door for the federal registration of trademark rights and is an important step toward normalizing the nation’s laws governing cannabis and cannabis-related business activities in states where such products are legal.
Continue Reading The U.S. Trademark Office Opens The Door to Registering Certain Cannabis Trademarks

*This article originally appeared on Cannabis Business Executive on June 25, 2019

When it was announced in April 2019, Canopy Growth Corp.’s conditional deal to purchase Acreage Holdings Inc. raised eyebrows not only because of its price tag (potentially exceeding US$ 3 billion in total consideration), but also because of the transacting parties’ apparent willingness to test the boundary of U.S. anti-money laundering law (“AML”).  Canopy is a Canadian company; Acreage is American.  Both are involved in their respective countries’ domestic cannabis industries. 
Continue Reading Cross-border Cannabis: The Potential Impact of Anti-Money Laundering Laws on International Cannabis Deals

While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition,  the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game changer in attracting mainstream companies to the industry.
Continue Reading The Farm Bill’s Impact on Hemp and CBD – and How Some States are Reacting