Bradley scored a significant victory in the Tennessee Supreme Court on November 14, 2024. In a long-awaited decision, the Tennessee Supreme Court clarified a long-standing inconsistency in Tennessee law with its opinion in Terry Case v. Wilmington Trust. In addition to ushering in a sea change concerning constitutional standing in the state —
J. Hunter Robinson
Hunter Robinson represents clients in commercial litigation and compliance matters across the country. His cannabis practice focuses on solving problems for cannabis companies and their vendors. Hunter has worked alongside other members of Bradley’s Cannabis Industry team to help hemp and medical cannabis companies obtain licenses, structure business entities, raise capital, negotiate contracts with suppliers and distributors, and maintain compliance with the ever-shifting state and federal laws that govern their operations. Hunter also advises financial institutions regarding the complex laws governing the provision of financial services to cannabis companies, including the Bank Secrecy Act (BSA) and related Anti-Money Laundering (AML) statutes and regulations.
U.S. House Passes the SAFE Banking Act as Part of Defense Bill
The SAFE Banking Act passed in the U.S. House of Representatives for the fifth time on September 23, 2021. This landmark legislation would pave the way for more financial institutions to serve the state-legal cannabis industry by removing some of the attendant legal and regulatory risks, as we have previously explained.
In a tactical…
Cannabis Banking: An Update on the SAFE Banking Act
Despite the cannabis industry’s explosive growth, many financial institutions have been hesitant to transact with cannabis-related businesses given the ambiguity created by divergent state and federal cannabis laws. The SAFE Banking Act seeks to remove these ambiguities at the federal level and pave the way for more financial institutions to serve the cannabis industry. But…
Why Your Cannabis Contracts May Be Unenforceable Even if State Law Says Otherwise
Few industries promise rapid growth equal to that of the cannabis industry, with one study projecting the industry could reach $30 billion in annual sales by 2025. This growth continues to accelerate as more states legalize cannabis for medical or adult use. But until federal cannabis laws are reformed, the illegality of cannabis at…
Hemp Banking – FinCEN Issues New Guidance Regarding AML/BSA Obligations
This article was written in collaboration with Jake Fanella and Jessica Caballero at VeriLeaf. VeriLeaf is a modern RegTech platform that optimizes the onboarding, review and ongoing compliance required for high-risk banking markets. VeriLeaf leverages state-specific requirements and the financial institution’s compliance program to streamline qualification, risk assessment, and onboarding of high-risk businesses in markets…
New Nevada Decisions Confirm Additional Ways to Satisfy HOA Superpriority Liens
The Nevada Supreme Court again turned its attention to superpriority liens in the first quarter of 2020, issuing two opinions dealing with tenders, i.e. attempts or offers to pay. These decisions outline additional ways that the superpriority portion of an HOA’s lien can be satisfied, offering hope to lenders embroiled in litigation over the continuing…
Is the Bank Open? Federal Agencies Clarify Regulatory Requirements for Banking Hemp
On December 3, several federal agencies issued guidance (Guidance) that, by its terms, “provide[s] clarity” regarding “the regulatory requirements under the Bank Secrecy Act (BSA) for banks providing services to hemp-related businesses.” Hemp proponents hope this additional clarity will encourage hesitant financial institutions to begin serving the hemp industry.
The key takeaway from the Guidance…
Some of Florida’s Regulatory Restrictions on the Cannabis Industry Could Soon Be a Thing of the Past
On January 17, 2018, Florida’s new governor, Ron DeSantis, delivered news that could supercharge the growth of Florida’s medical-cannabis industry. Governor DeSantis indicated he may drop the State’s appeal from a trial court’s ruling that the statutory cap on the number of licenses for “medical marijuana treatment centers” (MMTCs), and the requirement that MMTCs be…
Safe Streets Alliance v. Hickenlooper Provides Good News, Bad News, and Instructions to the Cannabis Industry and the Financial Institutions Serving It
Safe Streets Alliance v. Hickenlooper Provides Good News, Bad News, and Instructions to the Cannabis Industry and the Financial Institutions Serving It” width=”300″ height=”200″For years, the “legal” cannabis industry – operating in states that have legalized cannabis under state law despite its long-standing prohibition under federal law – and the financial institutions that serve…
Providing Banking Services to the Legal Marijuana Industry: Mitigating Risks to Maximize Potential Rewards
Since 1996, when California became the first state to legalize marijuana (at the time, for medicinal purposes only), 28 additional states and the District of Columbia have legalized marijuana to some extent. Public support for legalization continues to rise as more and more jurisdictions loosen their marijuana laws, with 64 percent of Americans in favor…