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Another Data Privacy Law? Colorado Enacts the Colorado Privacy Act

Colorado became the third state to enact comprehensive data privacy legislation when Gov. Jared Polis signed the Colorado Privacy Act (CPA) on July 8, 2021. The CPA shares similarities with its stateside predecessors, the...more

Brazil Moves One Step Closer to Domestic Cannabis Cultivation

Latin America’s largest economy recently moved one step closer to allowing domestic medical cannabis and industrial hemp cultivation. On June 8, 2021, the Brazilian Chamber of Deputies’ Special Commission approved PL...more

The Cat and Mouse Game Continues: FDA Issues Two New Warning Letters to CBD Companies

There is a scene in The Hunt for Red October when Captain Marko Ramius, played wonderfully by the late, great Sean Connery, says of a pending nuclear standoff: “Once more, we play our dangerous game, a game of chess against...more

Use the Force? Understanding Force Majeure Clauses

It has been said that, sooner or later, everything old is new again. In the wake of the novel coronavirus pandemic (COVID-19) sweeping the globe in 2020, a heretofore largely overlooked and even less understood nineteenth...more

Why Your Cannabis Contracts May Be Unenforceable Even if State Law Says Otherwise

Few industries promise rapid growth equal to that of the cannabis industry, with one study projecting the industry could reach $30 billion in annual sales by 2025. This growth continues to accelerate as more states legalize...more

Examining the Residency Requirement in Alabama's Proposed Cannabis Law

We recently wrote that Alabama is on the cusp of enacting a medical cannabis program. Today we turn our focus to a key aspect of the current proposal – the requirement that applicants for limited cultivator and integrated...more

USDA Publishes Important Final Rule for the Domestic Production of Hemp

On Friday, the USDA published a long, long awaited Final Rule regulating the production of hemp in the United States. The Final Rule, which arrives more than two years after Congress first allowed for the widespread...more

Cannabis and the Candidates: Donald Trump

This is the second article in a three-part series focused on the intersection of the 2020 United States presidential election and marijuana policy. Each article will focus on the specific presidential candidates of the two...more

Cannabis and the Candidates: Joe Biden

This is the first article in a three-part series focused on the intersection of the 2020 presidential election and cannabis policy in the United States. Each article will focus on the specific presidential candidates of the...more

10 Legal Considerations When Starting A Hemp Business In Tennessee

Tennessee’s hemp industry is growing fast, and you want in on the action. You have your big idea and a business plan ready. But at some point, you begin to wonder whether you should be thinking about any legal issues as you...more

Ten Legal Considerations When Starting a Hemp Business

So, you want to start a hemp company. You have your big idea and a business plan ready. At some point, though, you begin to wonder whether you should be thinking about any legal issues as you get your company off the...more

Hemp Banking – FinCEN Issues New Guidance Regarding AML/BSA Obligations

...On June 29, the Financial Crimes Enforcement Network (FinCEN) issued guidance (the “June guidance”) to “address questions related to Bank Secrecy Act/Anti-Money Laundering (BSA/AML) regulatory requirements” for providing...more

New Nevada Decisions Confirm Additional Ways to Satisfy HOA Superpriority Liens

The Nevada Supreme Court again turned its attention to superpriority liens in the first quarter of 2020, issuing two opinions dealing with tenders, i.e. attempts or offers to pay. These decisions outline additional ways that...more

Cannabis, Coronavirus, and Force Majeure – A New Weapon for Companies Seeking to Avoid Contractual Performance

The cannabis industry is in flux. Part of that is healthy maturation and part is a result of the COVID-19 (coronavirus) global pandemic that has impacted everyone. Over the last year, falling valuations and volatile prices...more

Is the Bank Open? Federal Agencies Clarify Regulatory Requirements for Banking Hemp

On December 3, several federal agencies issued guidance (Guidance) that, by its terms, “provide[s] clarity” regarding “the regulatory requirements under the Bank Secrecy Act (BSA) for banks providing services to hemp-related...more

USDA Issues Long-Awaited Interim Hemp Rule to Implement Farm Bill - Cannabis Industry News Alert

After 10 months of anticipation from the American hemp industry, on October 31, the United States Department of Agriculture (USDA) published its interim final rule (Rule) establishing the regulatory framework for hemp...more

The FTC Issues Three New Warning Letters to CBD Companies Regarding Health Claims in Advertising - Cannabis Industry News Alert

On Tuesday, the Federal Trade Commission (FTC) sent warning letters to three companies that sell cannabidiol (CBD) products regarding the health claims found in the companies’ advertisements. The FTC did not make the letters...more

Labeling and Advertising Risks for CBD Companies - Cannabis Industry News Alert

Cannabidiol (CBD) – a non-psychoactive component of cannabis with numerous claimed health benefits – has steadily grown in popularity in recent years. This upward trajectory went into overdrive with the passage of the...more

Some of Florida’s Regulatory Restrictions on Cannabis Industry Could Soon Be a Thing of the Past

On January 17, 2018, Florida’s new governor, Ron DeSantis, delivered news that could supercharge the growth of Florida’s medical-cannabis industry. Governor DeSantis indicated he may drop the State’s appeal from a trial...more

Safe Streets Alliance v. Hickenlooper Provides Good News, Bad News, and Instructions to the Cannabis Industry and the Financial...

For years, the “legal” cannabis industry – operating in states that have legalized cannabis under state law despite its long-standing prohibition under federal law – and the financial institutions that serve the industry have...more

Providing Banking Services to the Legal Marijuana Industry: Mitigating Risks to Maximize Potential Rewards

Since 1996, when California became the first state to legalize marijuana (at the time, for medicinal purposes only), 28 additional states and the District of Columbia have legalized marijuana to some extent. Public support...more

The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional

The Ninth Circuit sent shockwaves through the mortgage industry when it held that NRS 116—the statute allowing an HOA to impose a nominal super-priority lien that can extinguish a senior deed of trust when foreclosed—was...more

Nevada Supreme Court Strikes Significant Blow Against HOA Super-Priority Foreclosure-Sale Purchasers

In September 2014, the Nevada Supreme Court held that an HOA could foreclose on its nominal super-priority lien and extinguish a senior mortgage in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., a ruling that initially...more

Mortgage Industry Scores Big Nevada Supreme Court Win in Continued Battle over HOA Super-Priority Liens

The mortgage lending community was dealt a serious blow in September 2014, when the Nevada Supreme Court held that an HOA’s foreclosure of its nominal super-priority lien could extinguish a first lien interest in SFR...more

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