2023 may create the harshest conditions yet for the cannabis industry. The economy was already expected to be a challenge to profitability and now turmoil in the banking sector may further distract Congress from passing meaningful marijuana banking legislation, continuing to limit access to Continue Reading
Real Estate Capital USA | Five Things To Know About Underwriting Cannabis-related Real Estate Loans
Joseph Cioffi was quoted in a Real Estate Capital USA article, "Five Things To Know About Underwriting Cannabis-related Real Estate Loans." Continue Reading
Benzinga Cannabis Capital Conference | Fireside Chat
Davis+Gilbert is a proud sponsor of this year's Benzinga Cannabis Capital Conference at the Fontainebleau Hotel in Miami Beach, Florida. On April 20-21, Davis+Gilbert Insolvency + Finance partner Joseph Cioffi will moderate a fireside chat with Anthony Coniglio, President and Chief Investment Continue Reading
Westlaw | Fortune or Forfeiture: Real Estate Lending in the Cannabis Space
With expectations of doubling in the next five years, the cannabis industry will require significant funding to fuel its fast and furious growth. Funding will be needed in particular for property acquisitions, which will serve as cultivation and distribution facilities, and as retail storefronts. Continue Reading
Westlaw Today | State Residency Rules up in Smoke as Cannabis Industry Grows
Cannabis’ illegality at the federal level has created opportunities for the states to shape the legal landscape and create rules designed to capture the economic benefits of the cannabis industry for themselves while protecting their citizens against potential social harms. However, state residency Continue Reading
New California CBD Law Highlights the Federal / State Regulatory Divide
The Bottom Line California’s newly passed Assembly Bill 45 now explicitly permits cannabidiol (CBD) to be included in food and dietary supplement products and creates advertising and labeling restrictions. This is a stark departure from the California Department of Public Health’s prior Continue Reading
Regulatory Challenges to Cannabis Financing
Despite increased legalization at the state level of medical and adult-use recreational marijuana, illegality of non-hemp, cannabis at the federal level as a Schedule 1 controlled substance under the Controlled Substances Act (CSA) is an impediment for businesses in the cannabis industry (MRBs) to Continue Reading
Law360 | NY Debt Enforcement Alternatives for Cannabis Lenders
Lenders in many industries are often impeded in enforcement efforts by a borrower's bankruptcy filing, but not so in the cannabis space. As a consequence of the federal government's continued criminalization of cannabis, protection under the U.S. Bankruptcy Code is likely out of reach for Continue Reading
Bright Ideas | Puff Puff Passing Off: Chronic Trademark Issues in the Growing Industry of Legal Cannabis
As James Franco’s dealer character in stoner classic Pineapple Express eruditely demonstrates in the foregoing quote, branding has always been integral to the cannabis market. Until very recently, the cannabis consumer base had to rely solely on the goodwill attached to names of (often proprietary) Continue Reading
Marijuana Legalization Has Other States Green with Envy
The Bottom Line New York became the 15th state to legalize recreational marijuana this March, following the lead of New Jersey and three other states where voters approved legalizing recreational marijuana this past November. In a year where states are seeking tax revenue wherever they can get Continue Reading