DEAR LAWYER: My case is headed to trial, the other side doesn’t want to settle, and I think I’m going to get a big judgment against me. Can I make the case go away by declaring bankruptcy? DEAR CLIENT: While actually filing a bankruptcy petition in federal bankruptcy court is not quite as dramatic as The…
With the impending codification of the OLCC’s moratorium on new licenses for marijuana producers and retailers via Senate Bill 218 (which we discussed here), our clients continue to expand their business operations by acquiring licenses from existing OLCC licensees. While these acquisitions can come in a few different forms (e.g., stock purchase or merger), we typically see…
As everyone knows, the 2018 Farm Bill (formally known as the Agriculture Improvement Act of 2018, Pub. L. No. 115-334) legalized industrial hemp by adding it to the list of agricultural commodities and removing it from federal controlled substance schedules. We have seen a rapid expansion in the number of hemp businesses in Oregon and…
For those engaged in the legal cannabis industry in Oregon, the 2019 Oregon Legislative Session is of the utmost importance and relevance. I.  SB 639 AND HB 2233 At the top of our list is SB 639, which, if approved, will provide for regulation by OLCC of consumption and sale of cannabis items at temporary events,…
January 31, 2019 OLCC Marijuana Report finds that Marijuana Supply in the Recreational Market is Twice the Level of Current Demand On January 31, 2019, the Oregon Liquor Control Commission (“OLCC”) released its 2019 Recreational Marijuana Supply and Demand Legislative Report, intended to provide information to members of the Oregon State Senate and House of…
EARLY SEASON LEGISLATIVE UPDATE In other future news . . .the 2019 Oregon Legislative Session opened last Tuesday and already there is at least one proposed cannabis bill that deserves a brief discussion.  In what looks like the death knell for both free market marijuana and anyone who wants to enter the Oregon recreational marijuana…
Estate Planning Considerations for Cannabis Professionals In our practice, we have found that many new cannabis business owners overlook updating their estate plans to account for their new legal cannabis assets. Because of the unique challenges inherent in a state-legal cannabis business, business owners need to take special care when updating or drafting their estate…
Hallelujah, Hemp is Legal.   Christmas came early this year as yesterday the President of the United States signed the long awaited 2018 Farm Bill into law, officially ending the federal prohibition of hemp. Overall, the 2018 Farm Bill is a big win for hemp businesses nationwide and marks a pivotal moment for the entire…
Big Win for Marijuana Industry in Racketeering Lawsuit On October 31st, a federal jury in Colorado entered a verdict in favor of a marijuana grower in a federal racketeering case, delivering an important victory for the marijuana industry. The case, Safe Streets Alliance v. Alternative Holistic Healing LLC, was filed in federal District Court in…
As cannabis prices in Oregon continue to decrease due to oversupply, we are seeing more of our clients throw their hat into the industrial hemp arena.  The 2014 Farm Bill, which authorized hemp production under certain state research programs, expired on September 30th, but growers and entrepreneurs appear unphased and see hemp as a lucrative…