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Regulatory

Cannabis in South Africa: The Rainbow Nation Leads the Continent

South Africa is one of the few jurisdictions outside North America that has legalized recreational cannabis, albeit under very limited circumstances. Appropriately for a country belonging to the common-law tradition, legalization was not the result of a legislative enactment, but rather of a 2018 decision by the Constitutional Court (“ConCourt”) of South Africa, which partially …

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Arizona Cities Ban Recreational Only Marijuana Establishments

Arizonans knew zoning issues could cause headaches for dispensary owners. However, what was unanticipated are the new bans by some of the Arizona cities for recreational marijuana establishments. Shortly after the passage of Proposition 207, otherwise known as the Smart and Safe Arizona Act (the “Act”), several Arizona cities moved to ban recreational marijuana sales, …

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Cannabis Litigation: How Effective Are Motions to Dismiss?

Last month, I wrote this post on the latest development in the trademark infringement lawsuit filed by Veritas Fine Cannabis (“VFC”) against Veritas Farms. Unfortunately for VFC, Magistrate Judge Michael E. Hegarty had issued a recommended order that the Court grant Veritas Farms’ motion to dismiss – and to dismiss the claims with prejudice (meaning, …

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California Cannabis Supply Chain Contracts: Termination

I will continue publishing a series of posts identifying common issues with cannabis supply chain contracts in California over the next few months. If you haven’t already read earlier articles on this topic, I suggest you start with the following: California Cannabis Supply Chain Contracts: Inspection and Rejection Top Four Concerns for Tri-Party Cannabis Supply …

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Washington Cannabis: Buckle Up for a Brisk 2021 in M&A Activity

The year 2020 was a shock for all of us from both personal and business perspectives, but 2021 is shaping up to look much better, especially for Washington cannabis companies. In the past three months, I have had serious conversations with many clients and prospective clients regarding M&A activities. The pace of inquiries has accelerated …

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Interview With an Arizona Cannabis Expert – Peter Davis, CPA, ABV, CFF, CIRA, CTP, CFE

I recently had the opportunity to sit down and interview Peter Davis. Most people in the Arizona cannabis industry know Peter. Peter was one of the first receivers appointed over a dispensary in the United States. Since then, Peter has built a very reputable cannabis practice. He is currently the receiver over a Phoenix based …

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Patent Infringement Indemnification: Do You Have It?

Last week, a major cannabis brand was sued for patent infringement by Geographic Location Innovations (“GLI”) in the District Court of Colorado. The Complaint alleges GLI is the owner of the ‘285 Patent, titled “Device, System and Method for Remotely Entering, Storing and Sharing Addresses for a Positional Information Device,” which among other things, allows …

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Will the FTC Adopt Less Stringent Substantiation Requirements for CBD Claims?

If you follow our blog, you know we keep a close eye on enforcement actions taken by the Food and Drug Administration (the FDA) and the Federal Trade Commission (the FTC or the Commission) against companies selling and marketing cannabidiol (CBD) products. Back in December, we discussed the FTC’s decision to adopt new and more …

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