Compliance over Enforcement: The New Normal For Washington Marijuana Businesses

On July 28, 2019, Senate Bill 5318 (“SB 5318“) went into effect. I wrote about this bill back in April when it was awaiting Governor Jay Inslee’s signature. SB 5318 forces the Washington State Liquor and Cannabis Board (“LCB”) to make some major institutional changes, requiring the LCB to work with licensees on compliance matters and…

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Winning Before Fighting: Top 12 Alternative Dispute Resolution Strategies for Cannabis Companies (Webinar)

Many people think owning and operating a cannabis business is a dream job. The reality is that any dream job can quickly become a nightmare when your business gets pulled into a dispute. Failing to resolve disputes early can be shockingly expensive. Discovery — of documents and by depositions — is usually costly, and risky…

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Washington Cannabis: Crimes That Affect Your License Application, Maintenance, and Renewal

Most of us do not intend to break the law, but occasionally we may be caught on the wrong side of law enforcement. Both felony and misdemeanor crimes can derail an individual’s or company’s initial marijuana license application or renewal process. The Washington Liquor and Cannabis Board (the “WSLCB”) utilizes a point system, and if…

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Washington Marijuana: Is the Residency Requirement Doomed?

On June 26, 2019 the Supreme Court of the United States (SCOTUS) issued a ruling in Tennessee Wine and Spirits Retailers Association v. Thomas invalidating a two-year residency requirement for Tennessee retail liquor stores. The Washington State Liquor and Cannabis Board (LCB) has a similar six-month durational-residency requirement required for any person applying to be a…

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Yes, Washington, You Really Need Cannabis Business Insurance

In a prior post I discussed some general insurance issues for cannabis business owners to consider. Today we’ll take a deep dive into Washington State insurance for cannabis businesses. As is the case with most emerging industries, the pace of marijuana business continues to outstrip the development of ancillary but crucial services (see California Approves…

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Washington CBD Webinar June 19: Hemp-Derived CBD Locally and Nationwide

On June 19, 2019, at 1:30 PST, the Washington State Bar Association’s Cannabis Law Section will be presenting an online CLE on hemp. I’ll be joined by my esteemed colleagues to shed some light on hemp laws both nationally and here in the Evergreen State. You can register to join us here. We’ll cover a host…

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Non-Compete Agreements: What Cannabis Business Owners Need to Know About Washington’s New Law

As the cannabis industry has matured, the competition between businesses has increased exponentially whether engaged in the sale of recreational marijuana, hemp, or CBD. A significant risk for any ongoing or new venture arises at the end of a term of employment, whether that end is voluntary or involuntary. That risk is of a former…

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Cost-Effective Cannabis Litigation in Washington (and Elsewhere)

Resolve cannabis business disputes better outside of court — IF you have the right clause in your contracts. You may have heard about contractual agreements for “good faith” negotiations, mediation, arbitration and combinations of these techniques. When used properly, these techniques can save you significant time, money and lost productivity by avoiding a long courtroom…

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Washington’s New Cannabis Laws: The Definitive List

Washington lawmakers were busy this last legislative session. Democrats controlled both houses of Congress and the Governor’s Office. This means some minor and major changes to Washington marijuana laws. Below is a list of marijuana bills that made it through the legislative session, and some commentary. Senate Bill 5298 “Regarding labeling of marijuana products.” This bill allows…

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Washington Lawmakers Poised to Redefine the WSLCB’s Role in Washington Marijuana

  Senate Bill 5318 is making its way through the Washington legislature and seems destined for Governor Jay Inslee’s desk. As of April 16, the bill had cleared both the Washington House and Senate. If signed into law, which seems increasingly likely, SB 5318 would drastically change the way the Washington State Liquor and Cannabis…

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