- Posts by Emily Gant
PrincipalEmily chairs the firm's Commercial, IP & Transactions practice. She counsels wineries, breweries, distilleries, restaurants, hotels and other retailers on liquor licensing, trade practice compliance, distribution issues ...
The Washington State Liquor and Cannabis Board ("LCB") issued an interpretive statement on July 22, 2021 ("Notice"), with the aim of resolving questions surrounding the legality of processors making delta-9 THC from CBD. The LCB concluded that cannabis processors cannot convert hemp-derived CBD into delta-9 THC in the legal cannabis market. Processors engaging in these activities may be subject to administrative violations (“AVNs”) or criminal prosecution.
Yesterday, October 29, 2019, the United States Department of Agriculture (USDA) released a draft of the much-anticipated interim rule on the Domestic Hemp Production Program under the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). Since many folks don’t exactly consider 161 pages of federal agency jargon and legalese “light reading,” we’ve provided a Cliff’s Notes version of this dense regulation for you all, including the top six takeaways for hemp licensees. We’ve also provided some insight into what’s not in the draft interim rule.
Hundreds of companies in Washington, Oregon, California and Canada are attracting billions in investments from just about every class of investor.
But the realities of investing in cannabis are far different from those in any other industry. You’ll need to be fingerprinted, undergo a background check, surrender your banking records and be ready to deal with state and federal laws that often seem in open conflict.
Any business can find itself in a cash crunch when big expenses or payroll disbursements come due. When you form an entity to do business in cannabis, how do you finance a big expense that needs to be made right now?
To read the full article, visit Puget Sound Business Journal's website. Subscription is required.
This is just a reminder that we will be hosting a free half-day seminar for Oregon cannabis businesses this Thursday, May 18 at the World Trade Center in Portland. The program, titled Growing Up Green: Learning How to Blossom in Oregon’s Budding Marketplace (co-hosted by Garvey Schubert Barer, ACT Resources, PLLC, and Mosaic Insurance Alliance), will provide information on what every cannabis license holder needs to know, including attracting investors, employment, real estate, insurance, taxes and lessons learned from the Washington market. Additionally, the OLCC’s Portland Metro Public Safety Manager will be on hand to discuss regulatory issues and answer your questions.
The complete agenda is available on the seminar's event page on our website.
Date & Time
Thurs. May 18, 2017
Registration: 12:30 - 1:00 pm
Program: 1:00 - 4:20 pm (followed by a hosted networking social)
Location
Two World Trade Center (Mezzanine Room 3/4)
25 SW Salmon Street
Portland, OR 97204
Here at GSB, we work with those in the cannabis industry (like producers, processors, retailers and ancillary service providers) and those in the alcoholic beverage industry (like wineries, breweries, distilleries, hotels and restaurants).
Washington utilized its alcoholic beverage rules as a model for the cannabis rules. So, anytime there is a “gap” in the cannabis rules, we look to the alcoholic beverage rules to predict the LCB’s likely position on any given topic.
Despite the significant overlaps, we often see a love/hate relationship between the alcoholic beverage and cannabis industries.
Join us in Portland on Thursday, May 18 for a free half-day seminar as we discuss best practices on regulatory, business and operational issues to promote your company’s long-term growth and success.
Growing Up Green: Learning How to Blossom in Oregon’s Budding Marketplace (co-hosted by Garvey Schubert Barer, ACT Resources, PLLC, and Mosaic Insurance Alliance) will provide information on what every cannabis license holder needs to know, including attracting investors, real estate, insurance, taxes and lessons learned from the Washington market. Additionally, the OLCC’s Portland Metro Public Safety Manager will be on hand to discuss regulatory issues and answer your questions. This event is designed specifically to address issues affecting cannabis producers, processors, retailers, and ancillary businesses.
View the complete agenda on the event page on our website.
Date & Time
Thurs. May 18, 2017
Registration: 12:30 - 1:00 pm
Program: 1:00 - 4:20 pm (followed by a hosted networking social)
Location
Two World Trade Center (Mezzanine Room 3/4)
25 SW Salmon Street
Portland, OR 97204
On Thursday, November 3, Garvey Schubert Barer’s Cannabis Industry Group will be presenting Cannabis 2016: Transitioning from Infancy to Maturity, a half-day educational program geared toward helping companies thrive amid the industry’s fluid business environment. As the cannabis industry has been undergoing a rapid maturation, nascent enterprises are quickly evolving into sophisticated businesses. This session will provide best practices and guidance to help manage business and operational issues to ensure the long-term growth and success of industry members.
With reports of significant non-approved pesticide use by some in the industry, the LCB has increased its focus upon pesticides.
In addition to emergency regulations addressing product recalls and pesticide action levels, the LCB (via the Washington State Department of Agriculture) recently amended the list of approved pesticides. Specifically, the WSDA added 29 pesticides to the list of allowable products and removed 27 products.
Bottom line: Make sure that your house is in order. Confirm that your current stock of pesticides only includes those on the WSDA’s approved list. Note that you may “use up” any existing inventory of the 27 pesticides removed from the list, but cannot purchase additional amounts of these products. Also, we are seeing increasing volumes of pesticide-related disputes and lawsuits, and will address how to best protect your business from pesticide litigation in a future post.
Washington State Bar Association is hosting its CLE program, “Marijuana Law: Changes in Regulation and Best Practices” seminar taking place next Tuesday, April 12, 2016 in Seattle, Washington.
The marijuana industry is a rapidly evolving landscape. The seminar will address changes and updates in the law, what constitutes medical marijuana, commercial best practices relating to contracts, and ethical considerations in running a cannabis law practice.
The seminar will kick off with introductions by program Co-Chairs, Andy I. Aley, Owner at Garvey Schubert Barer and Co-Chair of the Cannabis practice group and Jared Van Kirk, Owner at GSB and Co-Chair of its Labor and Employment practice group. Emily Harris Gant, also Co-Chair of Garvey Schubert Barer’s Cannabis practice group, will lead off the seminar with reviews of Washington’s legislative and regulatory updates.
Garvey Schubert Barer will be sponsoring and attending the Cannabis Collaborative Conference at the Portland Expo Center on February 3 and 4. The conference will kick off with a keynote address from former NBA All-Star and Portland Trail Blazer Cliff Robinson, a cannabis advocate, and will feature 80 cannabis industry speakers and more than 90 exhibitors.
The numerous sessions are devoted to informing both existing businesses and new ventures about recent industry developments, including interactive workshops and hands-on demonstrations hosted by the Oregon Liquor Control Commission. This year’s conference is shaping up to be a can’t-miss event for members of the cannabis community.
You can find us at the following events on Wednesday, February 3:
- 2:15-3:00 PM - “Ask the Experts” Roundtable
Emily Harris Gant, Scott G. Warner and William K. Kabeiseman will participate in this informal round table session and will be available to answer attendees’ questions about corporate, intellectual property and real estate & land use issues, respectively, as they relate to the cannabis industry.
- 3:15-4:00 PM - The Status of Investing in the Cannabis Industry
Harold E. Snow, Jr. will review the law and regulations concerning who can invest in the cannabis industry and how, both directly and indirectly, and he will offer suggestions on maximizing investor participation in the emerging cannabis industry.
- 7:00-10:00 PM - Evening Reception
GSB is hosting the conference’s Wednesday evening party.
We hope to see you there!
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Foster Garvey’s Cannabis practice group comprises a premier legal counsel team who provides a full range of legal services such as regulatory compliance, marijuana licensing, business finance, contracts, labor and employment, health care, real estate, intellectual property, litigation and dispute resolution, technology and tax. Our team possesses deep and diverse industry experience and has counseled clients across virtually all industry sectors. We understand the inherent challenges that licensed marijuana and ancillary businesses in Washington state, Oregon and Alaska are burdened with in this highly regulated industry as they deal with onerous state and local regulations as well as uncertainty resulting from federal law.
We are committed to helping our clients achieve their business goals while navigating the intricacies in this rapidly changing area of law. We prize innovation and entrepreneurship, and closely monitoring industry trends.
