ABSTRACT

The continuing growth of the cannabis and hemp industries has given rise to the need for specifically tailored due diligence. An up-to-date understanding of applicable state and federal frameworks and a mastery of the constantly evolving state-specific (and often locality-specific) cannabis and hemp landscapes are necessary to competently perform this unique and increasingly in-demand type of due diligence. The first step in any cannabis due diligence process is to confirm that the contemplated transaction is possible. It is common to see proposed transactions that violate regulations and while it is often possible to structure a transaction in a way that is permissible, this can increase regulatory risk and should only be undertaken with a complete understanding of the issues involved.