Help us make responsible and inclusive cannabis legislation possible for all Texans.

Regulatory

Oregon Psilocybin: Advisory Board and Licensing Update

On March 18, Governor Kate Brown appointed members to the Oregon Psilocybin Advisory Board, which held its first meeting on March 31. Since then, the Board has met monthly and created five subcommittees to study facets of the emerging psilocybin industry including research, equity, manufacturing, training, and licensing. I chair the Licensing Subcommittee, which focuses …

Oregon Psilocybin: Advisory Board and Licensing Update Read More »

FY22 Agriculture Appropriation Bill: A Good Omen for the Hemp Industry

On June 29, the House Appropriations Committee (the Committee) released the draft of the fiscal year 2022 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies funding bill (the FY22 Agriculture Appropriations Bill), along with its Committee Report, in which it offers some promising provisions and instructions that would greatly benefit the hemp industry. …

FY22 Agriculture Appropriation Bill: A Good Omen for the Hemp Industry Read More »

California Ketamine Clinics: Implications From Epic Medical Management, LLC v. Paquette

The corporate practice of medicine doctrine (“CPOM”) and state anti-kickback prohibitions vary from state to state. While some states have statutory prohibitions, other states rely upon case law for CPOM. These issues are typically not heavily litigated. When there is case law covering these subjects, it is imperative to review and understand these decisions. They …

California Ketamine Clinics: Implications From Epic Medical Management, LLC v. Paquette Read More »

What You Need to Know When Buying a Cannabis Business, Part 5: Structuring the Purchase

Buying a cannabis business does not occur in a matter of days, and transactions fall apart for a variety of reasons, as we discussed in Part 1 of this blog series focused on the buy-side of a cannabis M&A transaction. In Part 2, we focused on the regulatory environment, discussing concepts that first-time buyers and their attorneys should …

What You Need to Know When Buying a Cannabis Business, Part 5: Structuring the Purchase Read More »

Why Most Cannabis Businesses Should Ditch Their SOW Models

Lately, in my review of certain cannabis transactional agreements like cannabis intellectual property (IP) licensing agreements, manufacturing agreements, and distribution agreements, I’m seeing a really high number of statements of work (SOWs) attached. I’m not opposed to SOWs when they make sense. In cannabis though, nine times out of ten, a SOW model isn’t necessary, …

Why Most Cannabis Businesses Should Ditch Their SOW Models Read More »

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute?

In a prior post, we discussed the federal anti-kickback statute (the “AKS”) and the implications for ketamine clinics. In short, the federal AKS prohibits anyone from paying or receiving anything of value for the referral of patients where a federal government healthcare payment program is the payor (e.g., Medicare, Medicaid, VA, etc.). 42 U.S.C. § …

Ketamine Clinics: What is a “Referral” Under the Federal Anti-Kickback Statute? Read More »

Cannabis Litigation: Attempt to Plead Around the “Illegality” Defense Fails

As the country moves toward decriminalizing and even legalizing marijuana, federal courts largely remain closed to commercial disputes involving marijuana by operation of the illegality defense.  We’ve written about the defense on several occasions, see here and here. Briefly, the illegality defense is an affirmative defense pleaded by a defendant who has been sued for …

Cannabis Litigation: Attempt to Plead Around the “Illegality” Defense Fails Read More »

Cannabis Trademarks: Cointreau Sues Potential CBD Competitor

Last month we discussed the recent lawsuits brought by the Wrigley Company against five cannabis businesses it accuses of infringing its trademarks. Cointreau is now following Wrigley’s lead, suing the maker of Quatreau CBD-infused sparkling water. As we pointed out in our analysis of the Wrigley lawsuits, there is a fine line between legitimate trademark …

Cannabis Trademarks: Cointreau Sues Potential CBD Competitor Read More »

Cannabis in Ireland: Global Law and Business Podcast with Natalie O’Regan

Listen HERE or stream on Spotify, Apple Podcasts, Amazon Music, Stitcher, or Soundcloud! At Harris Bricken, we keep close tabs on what is happening in various industries around the world, including cannabis. In our weekly Global Law and Business podcast, hosted by international cannabis attorneys Fred Rocafort and Jonathan Bench, we look at the world by talking with business leaders, innovators, service providers, manufacturers, …

Cannabis in Ireland: Global Law and Business Podcast with Natalie O’Regan Read More »

Donate to the cause

Help us make responsible and inclusive cannabis legislation possible for all Texans.