Cannabis Law Perspectives

Legal insights into california's cannabis industry

U.S. Supreme Court through its decision in Lamps Plus, Inc. v. Varela confirms that arbitration agreements should be taken seriously.
Disputes & Litigation
Ken Stratton

Lamps Plus, Inc. v. Varela Confirms (Yet Again) That Arbitration Agreements Should Be Taken Seriously

Recently the U.S. Supreme Court rendered its decision in Lamps Plus, Inc. v. Varela, 587 U.S. ____ (2019), reported at 2019 WL 1780275, a case with at least three striking lessons: Lesson #1 Because arbitration agreements are formed by contract through mutual consent, parties negotiating arbitration agreements should pay very careful attention to the specific words used in the contract.

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Mediation and Other Forms of Alternative Dispute Resolution for Cannabis Businesses
Disputes & Litigation
Ken Stratton

Mediation and Other Forms of Alternative Dispute Resolution: A Perspective for Cannabis Businesses

Recently I attended an informative program on mediation hosted by the San Francisco Bar Association (the “BASF”). In this blog, I share a handful of the panelists’ excellent observations and offer up a few thoughts of my own about the value of well-managed alternative dispute resolution, especially mediation, to cannabis operators. What is Alternative Dispute Resolution (“ADR”)? As you probably

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“Gram Shop” Laws For Cannabis Businesses in California
Disputes & Litigation
Ken Stratton

“Gram Shop” Laws – What They Are and Why We Need Them in California

Consumer product companies typically reduce their product liability risk by focusing on product design, safety testing, and quality control. If a product is well made (for example, if it is not defective or adulterated), then its seller generally knows no one is likely going to sue for injury or harm arising out of the product’s use.   However, this is

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Disputes & Litigation
Ken Stratton

The Cannabis RICO Cases – Where Are They Now?

If you’ve been keeping up with cannabis litigation recently, you’ve probably noticed a growing number of cases brought against cannabis cultivators and dispensaries by angry neighbors alleging violations under the Racketeer Influenced and Corrupt Organizations Act (RICO), the federal anti-racketeering laws. This blog provides an update on the current status of these “cannabis RICO” cases, along with a prediction for

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Cross Border Cannabis Transactions
Corporate & Transactional
Ken Stratton

Three Important “Drafting Tips” When Negotiating Cross Border Cannabis Transactions

As the world continues to shrink, cross border transactions continue to become more common, even in the cannabis field where more countries are legalizing both medicinal and recreational use of cannabis. Today, there are at least thirty countries that allow the cultivation, manufacturing and use of medicinal cannabis (Argentina, Australia, Chile, Czech Republic, Denmark, Germany, Israel, Thailand, etc.). A handful

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Prop. 65 And Cannabis Businesses In California
Disputes & Litigation
Joe Rogoway

What is Prop. 65 and Why Should Cannabis Businesses in California Care About it?

California’s Proposition 65 is a law passed by voters in 1986. It requires businesses to provide a “clear and reasonable warning” when they expose consumers to chemicals known to cause cancer, birth defects, or other reproductive harm. Violating Prop 65’s warning requirement can lead to penalties as high as $2,500 per day. The Office of Environmental Health Hazard Assessment adopted

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