A Higher Law is your guide to the latest legal developments in the cannabis world, brought to you by Dykema’s award-winning cannabis attorneys. From employment to real estate to emerging trends, A Higher Law features interviews with industry insiders to discuss everything you need to know to navigate this complex legal space. To hear more episodes, subscribe to Dykema’s YouTube channel, find us on our News and Insights feed, or search “A Higher Law” wherever you get your podcasts.
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Collaboration or contamination? Here‘s how to protect your cannabis trade secrets.
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29:21
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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 d…
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How are M&A deals structured in the cannabis industry?
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21:38
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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 wit…
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What cannabis operators need to know about properly insuring their business
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28:53
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28:53
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 lic…
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Do cannabis brands need a PR strategy (even when there’s no crisis)?
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36:28
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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 …
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2023 was a pivotal year in cannabis law. Here's what to expect in 2024.
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29:56
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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 …
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Ohioans want to legalize cannabis, but do their lawmakers feel the same?
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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 (…
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Does the cannabis industry need to worry about PFAS chemicals?
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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 …
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How is federal policy shaping the cannabis industry? Two former federal prosecutors discuss.
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22:05
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—d…
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What happens if cannabis moves to a lower-risk drug tier?
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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 Dykem…
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Green logistics: unpacking the cannabis supply chain
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39:40
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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, s…
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A tax breakthrough for growers? Cannabis industry scores big win in new Michigan ruling
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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 bro…
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High hopes? A status check on cannabis laws in Texas
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16:03
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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 To hear more e…
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Clearing the haze: air permitting requirements for cannabis operators
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34:49
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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 wit…
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High stakes: why proper security services are essential to any cannabis operation
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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 …
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The green divide: unraveling business valuation in cannabis industry breakups
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When shareholders part ways, how do they determine the value of their ownership interest? It’s not as simple as adding up assets and contracts. And within the cannabis industry specifically, there are a multitude of unique challenges that need to be considered. Brett Gelbord sits down with Jeff Bagalis—Managing Director of forensic accounting firm …
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Native tribes in the cannabis market: is the reward worth the risk?
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The cannabis industry is particularly attractive for Native American tribes, as it shares many of the same characteristics as casino gaming. But although advantages like tax exemptions may appear to give them a leg up, tribes face a host of specific issues and red tape. In this episode of A Higher Law, Cheyenne Benyi sits down with Paul Mooney of D…
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Cannabis vs. corporate: What’s the difference when it comes to employee benefit plans?
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For employers, providing a strong benefits package is key to attracting and retaining top talent. But in the cannabis industry, there’s no clear playbook for what this looks like. Brett Gelbord of Dykema’s Labor and Employment group sits down with Adam Blitchok of Kapnick Insurance Group to discuss the unique challenges faced by cannabis employers …
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Ya don't know what ya don't know (Part 2): OSHA compliance as a small business owner
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49:15
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One of the perks of owning a small business (along with the freedom to wear shorts around the office) is that you can operate outside of OSHA standards. Right? Wrong! (Just the second part—we’re not here to monitor your attire). Regardless of their size or the type of business they operate, all employers are required to provide a safe working envir…
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Weed at work? What cannabis companies need to know about employment law
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Whether you’re a grow operator, retail location, or anything in between, conflicts between state and federal cannabis laws can create a complex legal landscape for cannabis employers at every level. While employee handbooks can help provide an essential framework for how to operate, navigating these nuanced regulations can still present a major cha…
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For episode 1 of A Higher Law, Lance and John answer the question they get at every dinner party they attend: what exactly does a cannabis lawyer… do? (way more than you probably think). Our hosts dive into the complex world of cannabis law, identifying the expansive range of services they provide to their clients on a daily basis. Find more on Lan…
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Cannabis real estate: budding with opportunities?
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20:57
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As the cannabis industry continues to expand, so do the real estate opportunities for those looking to enter it. Whether you’re new to the industry, growing your business, or even looking to exit, this episode of A Higher Law is for you. Join us as we sit down with Stephanie Goodman of Bricks + Mortar to discuss the state of the industry and provid…
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Here's the dirt on navigating the complex world of cannabis tax codes
34:59
34:59
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Tax codes in the cannabis industry are nearly impossible to keep track of. We sat down with Matthew Abbo of Andrew Dakki of DA Advisory Group to make sense of them. Join us as we talk to Matthew and Andrew on topics ranging from how to navigate Section 280e of the Internal Revenue Code, tips on structuring the ownership of a cannabis business to mi…
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Ya don't know what ya don't know: 5 misconceptions about cannabis compliance laws
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31:36
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From dealing with hazardous materials in the workplace to complying with ever-changing environmental standards, cannabis growers and processors have a multitude of items to keep track of on any given day. So if you’re trying to operate a successful cannabis business, what are the potential blind spots? How do you evaluate which regulations apply to…
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Welcome to "A Higher Law", a cannabis podcast from the Dykema law firm
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From Dykema’s award-winning cannabis attorneys, A Higher Law will be your guide to the latest legal developments in the cannabis world. Join us as we sit down with industry insiders to discuss everything you need to know to navigate this complex legal space. To learn more, contact Lance Boldrey and John Fraser Learn more about Dykema’s cannabis gro…
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