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COVID-19 has affected almost every aspect of American life, including the business and financial sectors. The cannabis industry is no exception. Many questions still loom for cannabis businesses and investors during this uncertain time. Examples include: regulatory compliance the ability to stay open (and what constitutes an “essential business”) contract enforceability employment issues local, state, […]

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

On March 5, 2020, the Food and Drug Administration (FDA) issued a report to Congress on how the agency intends to regulate hemp-derived CBD (Hemp CBD). The report was accompanied by a press release from the FDA. The report states that the FDA will continue to work on a regulatory framework for Hemp CBD but

At 5:30 p.m. yesterday, California Governor Gavin Newsom took a giant step forward in preventing the spread of COVID-19 by enacting a “Stay At Home” order (the “Order”) across the state, mandating that California state residents remain in their homes, except to fulfill “essential” needs. The Order is in place seemingly indefinitely as Newsom would

Under most U.S. states’ laws, coronavirus likely constitutes a force majeure – an “act of God” – a severe, unforeseeable circumstance beyond the control of any contracting party.  No party created this act of God — both are “innocent parties”; both will likely suffer from breach. Contract clauses governing such unusual events are named force

We just published a post on what cannabis businesses can be doing to stay ahead of the curve with respect to the coronavirus (COVID-19), which is shutting down businesses across the globe. In this post, my goal is to talk about things that California can do to ease the situation for California cannabis companies, all

Yesterday at the close of business, the Washington State Liquor and Cannabis Board (LCB) emailed stakeholders an update on COVID-19. This update was in response to an earlier proclamation by Governor Jay Inslee which shut down restaurants, bars, coffee shops, and any other venues where people congregate to eat and drink. The proclamation also prohibits

  Add “global pandemic” to the list of challenges faced by the sputtering cannabis industry. The coronavirus COVID-19 is tearing across the U.S. economy. Businesses everywhere are making very difficult decisions. In many cases, those decisions are being made for them. As I write this post on the evening of Sunday, March 15, the Federal

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp