Category: Cannabis Law

We call for regulation, not prohibition, of delta-8 THC, says the Hemp Industries Association For the past year, my colleagues and I have written extensively on the murky legality of Delta-8 tetrahydrocannabinol (THC). We have covered everything from the Drug Enforcement Administration (DEA)’s position on “synthetically derived THC” to the growing number of state bans….

How to conduct due diligence on cannabis From sole proprietorships to public companies, our cannabis lawyers have assisted with due diligence on all kinds of cannabis transactions for many years. Consequently, we have an intimate understanding of how due diligence works on a variety of different transactions, and we have seen all kinds of shenanigans…

Dispensary

Here’s an interactive map of the United States that shows the status of recreational cannabis in each state. Harris Bricken’s offices, as well as information about cannabis legislation, are also included on the map. You can find out more about the legalization status of a state by clicking its icon. The Harris Bricken office icon…

A federal judge ruled in Texas that licensing requirements for cannabis businesses are probably unconstitutional In many ways, cannabis law is very closely tied to the United States’ Constitution first principles.. Our days are spent papering deals and filing lawsuits (always for good cause) and defending clients from lawsuits (which are always BS), so we…

Laws against kickbacks and ketamine clinics: Be careful! Our previous post discussed some of the various Federal laws that apply when a ketamine clinic is a Medicare provider (or accepts reimbursement from another Federal program like Medicaid, the VA, etc.). Click here to review the post. Other Federal laws apply in these situations (e.g., the Stark Law,…

The State of Washington regulates marijuana producers and processors, on the one hand, and marijuana retailers, on the other. Many states permit the same persons to hold financial interests in all three types of licenses. Washington, however, is excluded. According to RCW 69.50.328, neither a licensed marijuana producer nor a licensed marijuana processor may have…

Despite all of the excitement surrounding New York’s passing of the Marijuana Regulation and Taxation Act (MRTA), one of the things that often gets lost is that legalization was just the first step towards the issuance of adult-use cannabis licenses. One of the most important administrative actions is the formation of the Cannabis Control Board…

California ranks among the worst states in the union when it comes to hemp-derived CBD policy, despite pioneering medical cannabis and being a relatively early adopter of recreational cannabis (cannabis is defined only as marijuana here and not hemp). So it should surprise absolutely nobody that in legislation that’s designed to “legalize” CBD (AB-45 and…

Insights

Dispensary Reviews