A Higher Law

How do you measure success in an industry where operators need to evaluate their business plans based on regulatory trends, tax limitations, and (sometimes illegal) competition?

What should cannabis companies do when the money runs out—and federal bankruptcy isn't an option? John Fraser, Michigan team leader of Dykema’s cannabis group, is joined by Terry Mendez, CEO of Safe Harbor Financial, to break down how cannabis businesse...

How do you build a thriving workforce in an industry known for instability? Brett Gelbord sits down with Nate Russell and Ben Richards of The Lab to discuss what it takes to create fair and effective employment practices in the cannabis space, exploring the factors that truly drive retention and success. Listen as they dive into their unique approach—offering above-industry wages, eliminating traditional management hierarchies, and...

Cannabis legalization may continue to spread state-by-state, but Uncle Sam still sees it as a controlled substance and those who engage in the field can fit the definition of narcotics traffickers. So with immigration laws still governed at a national level, any involvement by a foreign national in the cannabis industry can create significant legal challenges.

Brett Gelbord sits down with James Aldrich, leader of Dykema’s immigratio...

Psychedelics hold immense promise for disrupting the consumer wellness space, and present a potentially lucrative opportunity for investors. But before they can fully capitalize on this potential, psychedelic brands will need to navigate the significant legal hurdles before them. Brett Gelbord sits down with Evan Eneman, founder and CEO of The Sands Lane Foundation, to explore the benefits of psychedelics, the investment opportunit...

Picture this: Your cannabis business is thriving, sales are through the roof, and you’ve developed a loyal, passionate following for your brand. And yet… you still haven’t been able to register a trademark. As with nearly every other aspect of operating a cannabis business, securing a trademark in this industry presents a unique set of regulatory challenges. John Fraser, Michigan team leader of Dykema’s cannabis group, sits down wi...

Cultivating a competitive edge in the cannabis industry hinges on innovation. But protecting those game-changing ideas is a hazy process that poses a lot of questions: Can you collaborate with other growers and researchers without putting your secrets at risk? What happens if someone steals your million-dollar marijuana strain?

Brett Gelbord sits down with Steve Zeller of Dykema’s Intellectual Property group to discuss the complex w...

Like most other practices in the cannabis industry, conducting M&A activity within this space presents its own unique challenges. Federal prohibition restricts traditional financing methods and complicates business valuations, while patchwork regulation across individual states can throw a wrench in due diligence measures.

John Fraser sits down with Dykema M&A practice group co-chair Joe DeHondt to discuss these nuances and ...

A combination of regulatory hurdles, limited market options, and the unique risks associated with the industry has made it challenging for cannabis companies in Michigan to secure comprehensive and affordable insurance coverage. Dykema’s Cannabis Industry group leader Lance Boldrey sits down with Peter Vredeveld of OVD Insurance to discuss what licensees can do to navigate market trends and regulatory hurdles to minimize their cost...

When you’re a cannabis operator dealing with an issue that could impact your reputation, your first call should be to your attorney (trust us). Your second call? Your PR team. But public relations goes way beyond crisis management—for cannabis companies looking to scale up and establish their presence in the marketplace, it’s an essential business consideration.

Brett Gelbord sits down with Ricarco Baca—founder and CEO of Grass...

From a spike in M&A activity, to a potentially rescheduling, to more states jumping on the legalization train, 2023 was a year of change and unpredictability in the cannabis industry. As operators scale up production and regulations continue to pass, what can we expect in 2024? John Fraser and Lance Boldrey break out the crystal ball.

Find more on John here.

Find more on Lance here.

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On November 7th, Ohio voters took to the polls and overwhelmingly voted in favor of a ballot initiative that will make it the 20th state to legalize adult recreational cannabis. Before it goes into effect on December 7th, it’s important to read the fine print and determine exactly what this bill allows, how it will impact the consumer marketplace (if at all), and the implications it could have on federal policy. John Fraser, Michig...

You’ve probably heard of PFAS: those harmful “forever chemicals” you can find in non-stick cookware, cleaning products, and even drinking water. As the dangers of PFAS become more evident, regulatory focus has expanded to a wide range of consumer products—including cannabis. Dykema’s Environmental Practice group leader Grant Gilezan sits down with Bill Henderson of Darcy Environmental Consultants to discuss what this means for the ...

As the cannabis companies continue to operate under a patchwork of state-level legality, any developments at the federal level will have a significant impact on the industry.

On this episode of A Higher Law, Mark Chutkow and Jennifer Beidel—former federal prosecutors and members of Dykema’s Government Investigations and Corporate Compliance group—discuss the evolving policies and enforcement status over the last three administration...

A recent recommendation from U.S. health officials could move marijuana from a Schedule I substance to a Schedule III substance before the end of the year. Perhaps the biggest impact of this move would be on the way cannabis businesses are taxed, as they’d no longer be subject to Internal Revenue Code 280E (IRC 280E). Lance Boldrey (leader of Dykema’s Cannabis group) and John Fraser (Michigan Team Leader of Dykema’s Cannabis group)...

Every link in the cannabis supply chain faces unique challenges that can complicate planning and potentially impact margins. From breeders to consumers, there can be critical regulatory challenges and compliance hurdles to consider.

Host Brett Gelbord, together with colleagues Laura Baucus and Lisa Brown of Dykema’s Automotive Supply Chain group, sits down with Nathan Russell and Ben Richards of AE Global to discuss supply chain dyn...

In a first-of-its-kind decision, a Michigan-based cannabis business was recognized as an agricultural operation. A potential milestone for the industry, this ruling sheds light on the legal classification of cannabis cultivation and its eligibility for agricultural tax-related benefits. Dykema’s Carl Rashid, Jr. and Mark Magyar discuss how they brought this pivotal victory to their client, and the implications it could have on the ...

Since the first city ordinance was passed banning cannabis in El Paso in 1915, the legal landscape of cannabis use in Texas has evolved at a different rate than the rest of the country. Where do things stand today in the Lone Star State? Denise Mayfield and Antonio Cifuentes dive in.

Find more on Denise here

Find more on Antonio here

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Any facility that handles or processes cannabis is subject to a laundry list of requirements before construction can even break ground. Depending on the type and size of the operation, obtaining an air permit can be one of the more challenging and nuanced steps in this process. Grant Gilezan, leader of Dykema’s environmental practice, sits down with Tony Percha of GZA GeoEnvironmental to discuss how to stay ahead of compliance.

Whether you’re a dispensary, grower, or transportation service, practically every business that operates in the cannabis industry needs a sound security strategy to maintain compliance and protect its assets. Andrew Scott, member of Dykema’s Real Estate Practice group, sits down with Ed Farrell, owner and managing partner at Silver Star Protection Group (and former U.S. Marshall) to discuss the unique challenges of providing securi...