Category: August 2020

Vermont Cannabis Solutions / Hoban Law Group: Smoke’Em If You Got’Em – The Growing Business of Smokable Hemp Flower

Products that can be made from this newly legal hemp include CBD and other cannabinoid extracts that can be used as ingredients in foods or ointments, industrial materials such as hemp concrete, hemp-derived “plastics,” hemp flooring, textiles from hemp fiber, and a range of products that can be made from hemp seed

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USA: Cannabis Bankruptcy and Chapter 15

Before the onset of COVID-19, the cannabis industry was facing a series of challenges: a more difficult than expected regulatory environment, disappointing sales, and a “capital crunch” as potential sources of financing narrowed. With the outbreak of the coronavirus, those challenges have only been exacerbated, despite cannabis businesses being deemed “essential business” in almost every state in which they operate. These challenges may leave less financially secure cannabis businesses insolvent.[1]

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Shook Hardy Bacon: The Perils of Success: Innovator Liability & the Emerging Cannabis Market

Recreational marijuana and CBD products have swept the nation, with legal and regulatory acceptance growing on a daily basis. While some companies believe that the true value lies in cultivation of recreational marijuana or low-intensity CBD products, others have focused on developing patentable drugs from cannabis compounds.

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Cozen O’Connor: California Are Your Old Cannabis and CBD Contracts Enforceable? Maybe Not.

Individuals and businesses involved in the cannabis or CBD industry are likely in the habit of making sure they are apprised of new laws and regulations in the jurisdictions impacting their businesses. However, when focusing on the future, sometimes, people forget to pay attention to the past — namely past business contracts.

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EU Commission Says CBD From Cannabis Is A Narcotic, Not A Novel Food. What About The UK?

As previously discussed here in this blog, in January of 2019 the European Commission (EC) classified cannabinoids, including CBD, as novel foods. This means that in order to sell a CBD product in the European Union (EU) a manufacturer must submit a Novel Food Application dossier, which demonstrates the product’s stability and its safety for consumers.

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Sheppard Mullin: Up in Smoke: COVID-19’s Impacts on Hemp & Cannabis M&A

It would be an understatement to say that the COVID-19 pandemic impacted transactional activity for buyers and sellers across a range of industries, the hemp and cannabis merger and acquisition (“M&A”) space being no exception.  In particular, the current period of COVID-19 volatility in the hemp and cannabis space is marked by numerous consequential outcomes, namely: (1) a sharp decline in the number of deals; (2) decline in capital raises; and (3) overall decline in market valuations.

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Minden Gross: New Zealand – Cannabis Around The World Series

In two months, New Zealand will hold a referendum giving its residents the opportunity to weigh in on whether recreational use of cannabis should become legal in the country. The referendum will occur alongside New Zealand’s 2020 general election, set to take place on September 19, 2020. If more than 50% vote “yes” to legalizing recreational use of cannabis, the incoming government may introduce a Bill to Parliament that would create laws to establish a legal recreational cannabis regime.

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Origin Law: Contract Cannabis Farming in California: The Good, the Bad, and the Ugly

Of course, market volatility and our industry’s dangerous penchant for handshake deals make these agreements inherently vulnerable to predation by the party with greater bargaining power. Thus, the deal MUST be in writing, and the compliance issues (regulatory, labor law, etc.) must be fully thought through. Here’s a few legal issues to keep in mind:

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Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild