OLCC may be getting strict. A violation of the Oregon Liquor Control Commission (“OLCC”) recreational marijuana rules can land you in hot water. I’ve previously written about rule violations and the administrative process, including settlements. It’s been our experience that the OLCC is open to settlement agreements for licensees... Read more
Settling alleged OLCC violations is often possible. Back in February, I discussed administrative litigation in Oregon and the types of violations Oregon cannabis businesses can be hit with. But what about settlement? Like in civil litigation, administrative litigation can be settled with the right tools and right team of... Read more
In previous posts, we’ve puzzled about why no one has filed a cannabis patent infringement case, despite the large number of patents granted for cannabis plants and compounds. See here, here, here, and here. That all changed last week. United Cannabis Corporation (“UCANN”) has now filed what is believed... Read more
Be prepared! As I discussed last week, hacked devices, breached networks, and stolen proprietary information have become commonplace in the cannabis industry. Because cybercrime variants are continually emerging, no company can achieve totally assured cybersecurity. Consequently, we strongly encourage all our clients to adopt a cyber incident plan for... Read more
Cannabis has remained federally illegal at the same time states continue to legalize cannabis in one form or another. As a result of legalization, private parties enter and perform contracts, loan and borrow money, and convey leasehold property rights in ways that involve cannabis. These contracts affect and depend... Read more
Cannabis regulation in California is heavily focused on local control. We write and speak about this constantly. (See here, here, here, and here). As predicted, new lawsuits are cropping up all over the state challenging the authority of local governments to take certain actions as they pertain to cannabis. Our... Read more
In Part 1 of this series we discussed how mediation works in most cannabis disputes. Today, we discuss some strategic considerations to increase the likelihood of success in cannabis mediation. Know your audience(s): Unlike in litigation or arbitration, where your audience is a disinterested third party judge, jury,... Read more