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What The Lawyers Say

1,101 posts by 291 firms and lawyers

Cannabis law explained by the lawyers who practise it: analysis and commentary from law firms around the world, with the Cannabis Law Journal.

36 posts

Squire Patton Boggs

Can Cannabis Companies File Bankruptcy? The New Chapter 15 Roadmap

Have the doors to U.S. Bankruptcy courts finally swung open to cannabis companies? Perhaps, but still in only very limited circumstances involving a foreign debtor. Nonetheless, Judge Brendan Shannon’s recent order granting…

Harris Sliwoski

Oregon Cannabis: State of the State (2024)

Welcome the ninth annual “State of the State” post on Oregon cannabis. I feel like an old man. As compared to 2023, things this year were pretty mellow. That’s not to say, however, that we don’t have trends, intrigues,…

Hilary Bricken and Michael Brandess, Husch Blackwell

Cannabis Receiverships Are (and Will Be) On the Rise

Based on a recent article in the Green Market Report (and corresponding public filings), “$1.83 billion of . . . debt is set to come due by 2026” for a number of publicly traded multi-state cannabis operators (“MSO”s). While this…

McGlinchey Stafford

Impacts of Cannabis Rescheduling on Bankruptcy

McGlinchey Stafford This article was co-authored with Joel E. Cohen, Stout. Despite the excitement of many over rescheduling cannabis from Schedule I to Schedule III, the move does not make cannabis “legal” unless it is produced,…

Clark Hill

Cannabis Reclassification: Litigation Impact

In a historic move, the DEA accepted the US Department of Health and Human Services’ recommendation to reclassify marijuana from Schedule I to a Schedule III controlled substance, arguably the most significant change to federal…

Prince Lobel

Client Alert: DEA to Reclassify Cannabis

Today the Associated Press broke the news of the DEA’s long-awaited decision to move forward with the plan to reclassify cannabis from Schedule I to Schedule III.

Harris Sliwoski

California Cannabis Tax Collection and Penalty Nightmares

Griffen is an attorney in Harris Sliwoski’s Los Angeles office, where he focuses his practice on corporate, transactional, intellectual property, data security, regulatory, and litigation matters across a wide variety of domestic…

Clark Hill

The Cannabis Cure for the Public Pension Crisis

Pensions are, and have been, an important compensation component for public employees, including teachers, police, fire, and other municipal positions. However, limited funds and riskier investments are threatening pension funds…

Harris Sliwoski

Oregon Cannabis: The OLCC License as Security

Author: Vince Sliwoski Can a creditor, landlord or other third party take a security interest in an OLCC license? Can an OLCC licensee collateralize or pledge its license– as if that license were personal property, and not just a…

William Hanlon, Seyfarth Shaw

Bankruptcy Court Approves Cannabis Debtor’s Chapter 11 Plan

S. Bankruptcy Court for the Central District of California (“Court”) confirmed a plan for a cannabis-related business (“Debtor”) to sell its equity interests in a Canadian cannabis company, Lowell Farms, and distribute the…

Husch Blackwell

Alternatives to Bankruptcy for Cannabis Companies (Part 3)

S. is an exclusively federal procedure and cannabis remains illegal under federal law and proposed a number of alternative options for businesses struggling in the current environment. Part 2 of this series focused on state law…

Foley Hoag

Cannabis Rescheduling Will Not Open Bankruptcy Doors

Currently, courts have held that a bankruptcy case must be dismissed if the continuation of the case would require the court, trustee, or debtor-in-possession to administer assets that are illegal under the Controlled Substances…

Husch Blackwell

Alternatives to Bankruptcy for Cannabis Companies (Part 2)

S. is an exclusively federal procedure and cannabis remains illegal under federal law and proposed a number of alternative options for businesses struggling in the current environment. Part 2 of this series focuses on one of…

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