Kamala Harris is a heavy favorite for Democratic Presidential nominee, now that Joe Biden has dropped out of the race and endorsed her. This means we should re-open our short series on the 2024 Presidential candidates and marijuana. I thought we were done with this stuff. We can trot out some deep cuts with Kamala Harris here on the blog. In January 2018, I picked her out of the pile as an example of a politician who talks a big game on cannabis while doing nothing helpful. I also surveyed her record on marijuana, which was pretty miserable at the time. In that post, I noted: As California At ..read more

At our firm, we’ve helped numerous cannabis startups navigate the complexities of choosing the right business entity. Because every startup is unique and has different goals and needs, a one-size-fits-all approach just won’t work. Below, I’ll explore some of the key considerations we focus on when finding the optimal entity type and structure for a cannabis venture. The problem with sole proprietorships Laypeople often mistakenly think that a business owned by a single person and a sole proprietorship are the same thing. Sole proprietorships, however, are generally unincorporated businesses. I ..read more

In case you haven’t heard, the Drug Enforcement Administration (DEA) wants to hear from you on marijuana rescheduling. Specifically, DEA invites your comments on its notice of proposed rulemaking (NPRM) to move both marijuana and marijuana extract from schedule I to schedule III of the federal Controlled Substances Act (CSA). The comment submission deadline is July 22, 2024. How does the comment deadline work? There are actually two deadlines at play here. All comments must be submitted electronically or postmarked on or before 11:59 ET on July 22, 2024. All hearing requests must be postmarked ..read more

On January 1, 2024, the federal Corporate Transparency Act (CTA) took effect. The CTA requires a host of both domestic and foreign entities to disclose their beneficial ownership to the Treasury’s Financial Crimes Enforcement Network (FinCEN). Compliance with the CTA is required for all businesses, including those in the cannabis industry. In this post, I’ll overview some (but not all) key requirements of the CTA, and some of the implications for the cannabis industry. What is the CTA? The purpose of the CTA is to combat illegal activities like money laundering by disclosure of informatio ..read more

When California opened up for recreational cannabis licensing in 2018, cannabis businesses began sprouting up like wildflowers. This growth has been exciting but due to market volatility and the decline in the state’s cannabis market, legal disputes are also on the rise. California courts are now jam-packed with cannabis-related disputes to the consternation of many judges. Thankfully, there may be a solution to this problem: arbitration. Let’s delve into how the cannabis industry got here and how arbitration can help it continue to bloom. The Cannabis Boom When California gave the green light ..read more

The internet is a badlands of misinformation on cannabis law and policy. Less than stellar takes may be amplified on news sites, giving them a veneer of authority. Social media platforms, from X to LinkedIn (where all the pros are said to be) don’t have nonsense filters. This dynamic is not new! However, things reached a fever pitch this year with the ruckus around schedule III, and most recently, the U.S. Supreme Court gutting Chevron deference. Life is short, so I don’t plan to triage bad online takes today. Instead, I’d like to highlight a few reliable sources for you, a discerning consumer ..read more

Happy 4th of July from all of us here at the Canna Law Blog! We hope you have a fun, safe and not-too-hot holiday celebrating with family and friends. We’ll be back tomorrow with our regular programming. The post Happy 4th of July! appeared first on Harris Sliwoski LLP ..read more

On Wednesday, June 26, Hirsh Jain of Ananda Strategy and I did an hourlong presentation where we examined a laundry list of problems facing the California cannabis industry. We had a lot of questions about whether a replay would be available and are happy to report that you can watch it here. During the webinar, Hirsh and I talked about a host of problems facing the industry, including: What structural legal issues make substantive changes to California law challenging How federal rescheduling may affect California Over-regulation at the state and local level California’s poor sales perf ..read more

Move aside deep-fried Oreos—this year’s California State Fair is making history with the introduction of cannabis! For the first time in its 170-year history, California is inviting fair-goers to purchase and enjoy cannabis products directly on site. The decision celebrates the state’s vibrant agricultural and cannabis heritage, and showcases winners of the 2024 California State Cannabis Awards. Let’s delve into the backstory of this development and what attendees can expect at the fair this year. A new era begins: cannabis at the California State Fair In 2022, the California State Fair debute ..read more

Last week, the US Supreme Court decided its most recent Second Amendment case, United States v. Rahimi. Earlier this month, SCOTUS decided Garland v. Cargill, which could also spell changes for the cannabis industry later down the road. I wrote about the Rahimi case in earlier posts, as the outcome of the case could have affected gun rights for cannabis users. Today, I want to break down some key things about the Rahimi and Cargill decisions and what they mean for the future of gun rights for cannabis users. If you’re not familiar with the issues or my writing on them, I suggest you ..read more