News and Insights

Best Practices: Shareholder Agreements for Cannabis and Hemp Companies

July 14th, 2022
Posted By
Edward R. Culhane
Raising capital through the sale of stock can be challenging for new business ventures. Like many other companies, cannabis and hemp business owners often invite shareholders to invest in the early stages of their venture. But all too often, the cann… Read More
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Categories: Cannabis / Marijuana

Guide to Corporate Structure Types for Cannabis Operators

May 23rd, 2022
Posted By
Edward R. Culhane
C-Corp? S-Corp? LLC? Operating Company? Holding Company? If you’re launching a cannabis business, it pays to understand the corporate structure from the very start. Get your house in order with this quick guide to the most common—and most fle… Read More
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Categories: Cannabis / Marijuana

SEC Proposes Changes to Allow Finders to (lawfully) Charge Fees While Raising Capital for Small Businesses

November 9th, 2020
Posted By
Edward R. Culhane
On October 7, 2020, the SEC published a proposed rule to allow so-called finders to lawfully charge fees in connection with helping small businesses raise capital. You can read a press release from the SEC on the proposed exemptions here and you can… Read More
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Categories: California Bureau of Cannabis Control

Changes to Accredited Investor Definition Give Private Funds More Flexibility to Issue Equity to Employees

October 28th, 2020
Posted By
Edward R. Culhane
On August 26, 2020, the Securities and Exchange Commission (SEC) revised the “accredited investor” definition in Rule 501(a) of Regulation D promulgated under the Securities Act of 1933. The changes become effective on December 12, 2020. The SEC… Read More
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Categories: California Bureau of Cannabis Control, Firm News

DRUG ENFORCEMENT AGENCY INTERIM FINAL RULE ON HEMP Q&A

October 20th, 2020
Posted By
Edward R. Culhane
What is the DEA Interim Final Rule (IFR) on Hemp? On August 20, 2020 the United States Drug Enforcement Agency (DEA) published a notice in the federal register of an Interim Final Rule (IFR) that conforms the DEA’s existing rules to the hemp provis… Read More
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Categories: California Bureau of Cannabis Control

Shareholder Agreements for a Cannabis Company

August 25th, 2020
Posted By
Edward R. Culhane
One of the most basic pieces of corporate governance for a privately-owned company is a shareholder agreement. Unfortunately, shareholder agreements for many cannabis companies are either non-existent or lack appropriate protections to protect a plan… Read More
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Categories: Uncategorized

DEA Interim Rule on Cannabinoids: Shot Across the Bow or Misfire?

August 21st, 2020
Posted By
Edward R. Culhane
On August 21, 2020, the FDA fired the opening shot in a new war on hemp by promulgating an interim final rule on tetrahydrocannabinols (THC) in hemp extracts.[1] In short, the interim rule purports to make any hemp extract or concentrate a Schedule I… Read More
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Categories: Uncategorized

California Cannabis Regulators Seek Control Over White Labeling Practices

February 25th, 2019
Posted By
Edward R. Culhane
The California Bureau of Cannabis Control (“BCC”) recently adopted Final Rules[1] that will greatly impact the legal marijuana industry in the Golden State. While not as disruptive as initially proposed, the final regulations will require marijua… Read More
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Categories: California Bureau of Cannabis Control, White Labeling & Trademarks

Attorney Ed Culhane Interviewed by CNU: Will California Regulations Lead to a Mass Extinction Event?

November 28th, 2018
Posted By
Edward R. Culhane
Dan Larkin of Cannabis News Update interviewed Ed Culhane at MJBizCon in Las Vegas about cannabis regulation in California — specifically whether overreach by the Bureau of Cannabis Control will lead to a “Mass Extinction Event” for can… Read More
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Categories: California Bureau of Cannabis Control, Firm News, White Labeling & Trademarks