A Higher Law
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.
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Episodes
31 episodes
Medical marijuana just got moved to Schedule III. Now what?
In our latest episode of A Higher Law, Lance Boldrey and John Fraser dive into the historic rescheduling of medical marijuana from Schedule I to Schedule III – arguably the most significant shift in federal cannabis law in over 50 years....
Is psychedelic-assisted therapy the next step in workplace wellness?
What if employers could improve mental health, lower costs, and boost retention by offering treatments once considered unconventional?Brett Gelbord sits down with
What happens when a cannabis business can’t pay its debts?
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—an...
How can cannabis companies retain their best employees?
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 creat...
Is hiring a foreign national a risky move for cannabis employers?
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 n...
Can psychedelics overcome the complex legal challenges to provide wider access to their benefits?
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 si...
How challenging is it to secure a trademark for your cannabis brand?
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 ...
Collaboration or contamination? Here‘s how to protect your cannabis trade secrets.
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 ...
How are M&A deals structured in the cannabis industry?
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 patchwo...
What cannabis operators need to know about properly insuring their business
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 Cannab...
Do cannabis brands need a PR strategy (even when there’s no crisis)?
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 ...
2023 was a pivotal year in cannabis law. Here's what to expect in 2024.
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 continu...
Ohioans want to legalize cannabis, but do their lawmakers feel the same?
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...
Does the cannabis industry need to worry about PFAS chemicals?
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 consum...
How is federal policy shaping the cannabis industry? Two former federal prosecutors discuss.
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 Beid...
What happens if cannabis moves to a lower-risk drug tier?
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 taxe...
Green logistics: unpacking the cannabis supply chain
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 ...
A tax breakthrough for growers? Cannabis industry scores big win in new Michigan ruling
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 eligibi...
High hopes? A status check on cannabis laws in Texas
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...
Clearing the haze: air permitting requirements for cannabis operators
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 ...
High stakes: why proper security services are essential to any cannabis operation
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 Re...
The green divide: unraveling business valuation in cannabis industry breakups
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 ...
Native tribes in the cannabis market: is the reward worth the risk?
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 spe...
Cannabis vs. corporate: What’s the difference when it comes to employee benefit plans?
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 w...
Ya don't know what ya don't know (Part 2): OSHA compliance as a small business owner
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).Reg...