Blog & Media

Company Bylaws: What’s Really Going On Here

While a Start-Up company must formally establish itself as an operating company through its articles of incorporation, companies should also draft by-laws, which delineate the governmental structure of the company. Here, Start-ups determine the respective roles, responsibilities, and financial incentives to be had by the founders. Issues of voting rights and day-to-day managerial control can…

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Is My Company Ready for Incorporation?

Startups that are smaller in both resources and personnel often wonder when they need to take the next step and incorporate.  Centrally, founders should contemplate their own belief in the company’s potential and if they believe their product or service is ready to enter the marketplace in a meaningful way, they should seriously consider formal incorporation.…

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Legal Entities: Which One to Choose?

To a large extent, the desirability of one type of legal entity over another is a function of the Startup Company’s particular expectancies and needs.  Relevant considerations include the company’s source and scope of financing, the number of partners and stockholders (if any) the company intends to procure, questions of liability, the type of tax…

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Cannabis Startups and Board Formation

It is often said that life is a game of power and while certain individuals may not choose to live his/her life according to this Machiavellian principle, many others have no greater imperative. Cannabis Startups are of course are no different and as a company increases its number of partners and investors, conflict will inevitably…

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Cash Poor? Here’s How to Pay Your Employees

In the early stages of a Start-Up company’s journey, many founders are cash poor and must come up with alternative payment options for their employees.  In order to satisfactorily compensate them while holding on to their limited liquidity, Start-Ups often grant stock options.  Here, an employee is given the opportunity to purchase, at a later…

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Par Value: It’s All in the Numbers

On the most fundamental level, the Par Value of a share is simply the share’s stated value. Generally, startups in the beginning of their lifecycle issue a stock at a (seemingly) miniscule amount of $.00001. This allows its founders to purchase millions of shares for a nominal amount of money and hold true equity in…

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Cash Poor? Here’s How to Pay Your Employees

In the early stages of a Start-Up company’s journey, many founders are cash poor and must come up with alternative payment options for their employees.  In order to satisfactorily compensate them while holding on to their limited liquidity, Start-Ups often grant stock options.  Here, an employee is given the opportunity to purchase, at a later…

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Trademark Dillution

On the most fundamental level, trademark law is concerned with preventing consumer confusion. We do not want Company B to use Company A’s mark on its goods in such a way that will cause a consumer to think that Company A was the originator of those goods. Trademark dilution, conversely, is a doctrine, which deals…

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Copyrights – Here’s What They Cover

17 U.S.C. § 102 (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the…

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Invest in Marijuana: Let’s Get Back to the Fundamentals

  There is a national push from both large VC firms and savvy businessman to invest in marijuana companies. Expectedly, the federal illegality of the plant has provided a series of challenging regulatory issues for these parties and has necessitated greater legal precautions. Nevertheless, before understanding the idiosyncratic difficulties posed by marijuana’s federal prohibition, is…

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Marijuana Laws: Statutes vs. The Judiciary

  Marijuana Statutes: On the most fundamental level, marijuana statutes are binding statements of law drafted by the legislature. As statutes pertain to judicial decisions, the legislative supremacy of the statutes will govern over common law decisions. Therefore, statutes are (generally) more powerful than judicial decisions. Let’s say a hypothetical marijuana entrepreneur is confused about…

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Is Marijuana Legal In Mexico? A Full Examination.

  Latin America Marijuana Legalization The international community consists of countries with a wide range of legal frameworks for Cannabis. Across this spectrum are countries that categorically outlaw cannabis, to countries with tightly regulated medical programs, and finally countries, which have developed legal structures, that allow for its full production, sale, and use. This essay…

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Drive-Thru Marijuana – Here’s How it Works

Drive-thru marijuana dispensaries: What we have all been waiting for.  As it is wont to do, Colorado is again driving innovation in the cannabis space and is officially the first state to open a drive-through recreational marijuana dispensary. While seemingly obvious, it is nevertheless a groundbreaking step, allowing customers to drive their cars into the…

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Cannabis Social Clubs: The Last Frontier

When one hears the term “cannabis social club”, Amsterdam with its peaceful canals and flowing gondolas immediately springs to mind. The country has become famous for its once thriving coffee houses and lounges where like-minded adults could gather and enjoy their favorite herb. Unfortunately, the country has since regressed and appears to be increasingly inhospitable…

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If Marijuana Becomes Legal in 2017, What Happens to Everyone in Jail?

In states that have recently legalized marijuana (either medicinally or recreationally), the question of what legalization means for individuals who have already been convicted of marijuana-related offenses is pressing. Naturally, like all things marijuana, the answer will depend on the laws of the given State. With California’s passage of Proposition 64, thousands of individuals who…

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Medical Marijuana License: Criminal Preclusions and Financial Constraints

  Marijuana businesses, like all other businesses, must carefully structure both their internal-operating agreements and external-corporate governance documents to ensure they are in compliance with the law and best corporate practices. Depending on the goals and objectives of the forming marijuana company, different legal documents will need to be drafted and issued. However, before getting…

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How to Get Involved in the Marijuana Industry

The legalization of cannabis has opened the door to some truly incredible financial opportunities. With the steadily increasing number of states leaning towards legalization, the marijuana industry has become a game changer in modern American business. How can a current or aspiring business professional get involved in this booming industry?   Don’t Forget the Basics of…

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How to Collect on Your Cannabis Investment

Cannabis Companies and the Need For Investors With more cannabis retailers and dispensaries entering the market, a competitive challenge is presented and it becomes more difficult for business owners or producers to stand out. While it is generally wise to avoid starting a business solely on a loan, new cannabis businesses are subject to the…

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How to Build a Profitable Cannabis Grow Room

Cannabis and Grow Rooms: The Basics Starting a profitable cannabis grow room is the holy grail of the industry. Critically, the increasing supply of legal cannabis is presenting a financial challenge for producers as prices drop, while a chance for companies to decrease production costs has risen. As supply is surging, growers are taking advantage…

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How to Get a Cannabis Trademark

Successful businesses are built on the foundation of brand loyalty and the backing of a federal trademark. Thus, it is essential for marijuana businesses to obtain federal trademark protection for their brand or products. However, due to federal laws regarding marijuana and related items or services, cannabis producers and distributors have a more challenging time…

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Cannabis Investments: Scam Me Once, Shame on Me

Cannabis investments are both awesomely exciting and if mismanaged, ripe for fraud. An ongoing cannabis fraud investigation in Oregon is showing us how a new and exciting growth industry can present issues for investors and entrepreneurs, who unknowingly become involved with scammers and con artists. The current investigation centers on an entrepreneur named Trish Siler,…

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How to Get a Cannabis Dispensary License in California

Cannabis Dispensaries in California Although the passage of Proposition 64 and the Medical Cannabis Regulation and Safety Act (MCRSA) legalized marijuana in California, many questions now arise from the unknowns of the new law in regards to opening a business. Below are brief explanations of some of the questions that individuals may have when attempting…

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Crossing State Lines With Your Cannabis

Cannabis Law, once again, becomes increasingly challenging. As more states move to legalize cannabis, questions regarding what it might take to cross state lines with cannabis production centers, retail storefronts, or brand names arise. Being informed of the laws are important to taking a preventative approach to securing your cannabis business and avoiding legal hurdles.…

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Cannabis Compliance Software and Microsoft

In a recent and exciting announcement, Microsoft has partnered with KIND Financial, a company that serves the cannabis industry, to begin marketing Cannabis Compliance Software; software that is specifically designed to help States manage recreational and medical marijuana programs. The software achieves this through seed-to-sale tracking, which ensures that no cannabis is lost or stolen…

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Cannabis Counterfeits: How To Protect Your Products

As products enter the market and industries grow, retailers, such as Ebay, Amazon, and Alibaba, encounter challenges associated with the increased sale of counterfeit goods. This predicament is not unique to particular businesses and in the expanding industry of cannabis, counterfeit goods will eventually become more widespread. Counterfeit glassware, vape pens, an water pipes already…

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Trump, Cannabis, and the Legal Landscape of Marijuana

What will the federal marijuana policy under a Trump administration look like? More strict? Less strict? A reclassification under the Controlled Substance Act? The truth is, no one really knows. To a large extent, this is because Presedent-elect Trump has not issued (or tweeted J) a firm policy position either way. The Cole Memo, issued…

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Cannabis Trade Secrets – Silence is Golden

Cannabis attorneys deal with a variety of interesting legal questions and disputes. One such question is the process by which a cannabis company may protect its trade secrets. Cannabis trade secrets are the “secret sauce” which distinguishes one company’s products or services from its competitors. Trade secrets can take the form of recipes, techniques, formulas,…

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Cannabis Billboard Ads Threatened In California

Cannabis attorneys are now being inundated with questions about the newly proposed Assembly Bill 64 (AB 64) in California; how it might affect marijuana businesses and what if anything changes with its passage. If State legislators approve it, AB 64 would mean tougher regulations for marketing cannabis on billboards along highways under the Adult Use…

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Weed Apps: Protect Your IP

Protecting Your Weed App The Smartphone has ushered in a new era of technology, increasingly powered by software applications, or “Apps.” The Cannabis industry is not immune to this wave of technological innovation and with the advent of various State legalization programs, more and more cannabis-related apps seem to be coming out every day. They…

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Risk Factors Involved in Cannabis Investments

Federal Illegality On the most fundamental level, the majority of the risks associated with investing in cannabis companies stems from the federal illegality of the substance. Consider the huge number of rules and regulations involved in the life cycle of a profitable business, from opening to point of sale. Contract drafting, entity formation, banking, IP…

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CBD – So it is or isn’t Legal?

Originally contributed by Abe Cohn to Marijuanomics and can be read in full HERE   The Legal Language Problem Legal cannabis has notoriously been subject to a series of complaints and criticisms by the general population, some ridiculous while others are unfortunately, perfectly warranted.   One of the more common complaints our cannabis attorneys hear involves the seemingly purposeful…

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Cannabis Law and 280E: Here’s What You Need to Know

Originally contributed by Abe Cohn to Marijuanomics and can be read in full here: http://marijuanomics.com/cannabis-law-280e-heres-need-know/ 280E – The Issue Beyond some of the more conceptually difficult and frustrating constitutional issues surrounding the Federal criminalization of cannabis, businesses in this space are also forced to contend with onerous practical implications for its status as a Schedule I Drug…

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CANNABIS THOUGHT LEADERS – CH.20

Traction Rabbit Traction Rabbit Research is dedicated to helping cannabis brands launch the best cannabis products by relying on our network of cannabis product testers in legal states. Welcome to our Cannabis Thought Leaders Interview Series! Please introduce yourself. A.  Jordan McHugh – Founder   When and why did you become involved in Traction Rabbit? A.  I…

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CANNABIS THOUGHT LEADERS – CH.19

Canna Psych MD Tee Moreno, the Canna Psych MD, is a Bio-Psych researcher, passionately interested in all aspects of the Cannabis industry. Please introduce yourself – What’s your name, the name of your company and your position at the organization. A. First off, thanks for finding me on IG and showing love! ’Im Tee Moreno. I…

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CANNABIS THOUGHT LEADERS – CH.18

AC Greebs Some ideas are sparks of genius that remain smoldering for years in the back of our minds. The lucky few catch fire. AC Greebs is one such idea.  Years ago machinist Andrew Crowder created the perfect gravity smoking piece. The portable, durable, efficient bowl is easily cleaned, drops neatly in your pocket, and…

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CANNABIS THOUGHT LEADERS – CH.17

Highroad Consulting Group With experience in the marijuana industry since 2010, Highroad Consulting Group offers unparalleled support and access to the best practices and people in seed-to-sale services. Our team of accomplished entrepreneurs and professionals have helped create and build industry leaders in the cannabis industry, including medical clinics, cultivation facilities, and dispensaries.     Please introduce…

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CANNABIS THOUGHT LEADERS – CH.16

Highroad Consulting Group With experience in the marijuana industry since 2010, Highroad Consulting Group offers unparalleled support and access to the best practices and people in seed-to-sale services. Our team of accomplished entrepreneurs and professionals have helped create and build industry leaders in the cannabis industry, including medical clinics, cultivation facilities, and dispensaries.     Please introduce…

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CANNABIS THOUGHT LEADERS – CH.15

Golden Eagle Partners Golden Eagle Partners is a leading specialty boutique investment bank serving public and private companies, venture firms, family offices, sophisticated investors and entrepreneurs in the Life Science and Cannabis/ Marijuana sectors. We are one of only a few investment banks servicing these sectors and are uniquely qualified by having operational experience in both sectors.     Please…

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CANNABIS THOUGHT LEADERS – CH.14

Dave’s Space Cakes Established in March 2014, Dave’s Space Cakes, is one of the first edible companies in Oregon. Focusing on a single product, the Space Cake, has enabled us to focus on the important things: Consistency and Quality.Using the highest quality ingredients available we’ve been able to produce one of the best-tasting edibles on…

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CANNABIS THOUGHT LEADERS – CH.13

Prohibition Gold Prohibition Gold has developed products that give you the power to infuse just about any food or beverage in a matter of seconds. We feel we have created the ultimate do-it-yourself marijuana products by finally giving you the freedom to determine when, where, and how you choose to imbibe. Simply add Potshotz™ to…

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CANNABIS THOUGHT LEADERS – CH.12

American Herbal Products Association The American Herbal Products Association (AHPA) is the national trade association and voice of the herbal products industry. AHPA is comprised of more than 350 domestic and foreign companies doing business as growers, processors, manufacturers, and marketers of herbs and botanical and herbal products, including foods, dietary supplements, cosmetics, and non-prescription…

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CANNABIS THOUGHT LEADERS – CH.11

Evergreen Herbal Evergreen Herbal creates a world where cannabis can be consumed in a spirit of wellness, freedom, and fun by providing consumers with access to delicious, healthy and reliable cannabis products. We are committed to collaborating with fellow industry leaders, researchers, policy makers, and advocates to create a thriving cannabis industry that benefits everyone.…

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CANNABIS THOUGHT LEADERS – CH.10

Marijuana Mommy MarijuanaMommy.com‘s mission is to teach about cannabis while challenging the stigma surrounding cannabis.   Please introduce yourself – What’s your name, the name of your blog and your management role in the administration of the blog.   I’m Jessie Gill, I’m a registered nurse and the creator of MarijuanaMommy.com   When and why…

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CANNABIS THOUGHT LEADERS – CH.9

My Compassion My Compassion provides community outreach, education, and research on the medical benefits of cannabis. It seeks to understand, educate, connect and energize the millions of people living with medical conditions, that are losing hope with current synthetic medicines.   Please introduce yourself – What’s your name, the name of your organization and your…

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CANNABIS THOUGHT LEADERS – CH.8

Aegis Biotech Aegis introduces a precision medicine innovative approach to customization of healthcare, with medical decisions, practices, or products being tailored to the individual patient.    Please introduce yourself – What’s your name, the name of your organization and your position at the organization. Amy Berliner Founder/CEO at Aegis, a premier Biotech organization.   When…

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CANNABIS THOUGHT LEADERS – CH.7

Bee Line Hemp Wick. Bee Line is a natural, organic alternative to butane lighters and matches. Bee Line combines two ancient, renewable resources, hemp and beeswax, for an all-natural, higher quality flame. Bee Line is used to light medicinal herbs, pipes, fine cigars, and hand rolled tobacco cigarettes.  Bee Line is the “connoisseurs choice” because it retains high quality flavor.   Welcome!…

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CANNABIS THOUGHT LEADERS – CH.6

Laurie Wolf: LAURIE AND MARYJANE Laurie Wolf is a leader in the edible community and an award-winning culinary entrepreneur. Since 2015, Laurie has published four cannabis cookbooks: HERB, Cooking with Cannabis, Marijuana Edibles, and The Medical Marijuana Dispensary. Her recipes fill the pages of several top cannabis publications such as The Cannabist, Cannabis Now, Dope Magazine, Culture, Oregon Leaf, and High Times as well as The…

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CANNABIS THOUGHT LEADERS – CH.5

David Rheins: MARIJUANA BUSINESS ASSOCIATION David Rheins, founder and executive director of the Marijuana Business Association. Founded in 2012 to provide business intelligence, professional networking, and opportunity, MJBA hosts regular industry networking meetups, boot camps and seminars, and publishes MJNewsNetwork.com, MJHeadlineNews and MJ Business Week newsletters, and Marijuana Channel One on YouTube with more than 250,000 targeted industry subscribers.…

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CANNABIS THOUGHT LEADERS – CH.4

Russ Hudson: DIRECTOR OF CANNABIZ CONSULTANT Russ Hudson is the CannaBizConsultant and founder and editor of MarijuanaGames.org. A professional writer, certified search marketer, and web developer, Russ is an avid supporter of transparency in marijuana research, truth in cannabis activism, and full repeal of prohibition. Russ also advocates for the immediate development of a cooperative international economic and agricultural…

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CANNABIS THOUGHT LEADERS – CH.3

ANNA DIAZ: SECRETARY OF PARENTS 4 POT Anna Diaz has been a cannabis activist since 2001. She is one of the founders of Oregon NORML and the Oregon Medical Cannabis Awards as well as Parents 4 Pot. She was honored to receive NORML’s Pauline Sabin Award for women in leadership against prohibition in 2011. Her writing…

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CANNABIS THOUGHT LEADERS – CH.2

JAMES YAGIELO: CEO OF HEMP STAFF James Yagielo, CEO & Co-founder of HempStaff, has been involved with Recruiting & Headhunting for over 20 years. Starting when he was just 21 years old in Ohio, and then moving to Florida in 2000, he continued working with various recruitment firms until the formation of HempStaff. James has…

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CANNABIS THOUGHT LEADERS – CH.1

DALE GIERINGER: DIRECTOR OF CALIFORNIA NORML Dale Gieringer, Ph.D. has been director of Cal NORML since 1987; published author on drug testing, medical cannabis, history and economics of MJ; co-author of Prop 215, co-founder of Project CBD. www.canorml.org     Please introduce yourself – What’s your name, the name of your organization and your position…

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