The Risks of Clouded Property Title for Cannabis Business Owners, Investors, and Creditors

Abstract

This Article provides a brief primer on the surprising range of assets that the CSA forfeiture provisions govern for the state-legal cannabis businesses. It outlines these provisions for tangible as well as intangible property, with an emphasis on risks to state-legal cannabis businesses’ intellectual property and issued securities. We argue that these forfeiture risks create clouded title for all subject tangible and intangible property — not only for the state-legal businesses and their proprietors, but also for those businesses’ outside investors, creditors, and suppliers/contractors.

Keywords: Controlled Substances Act, Asset Forfeiture, Drug Forfeiture, Criminal Forfeiture, Civil Forfeiture, Real Property, Personal Property, Intellectual Property, Trademarks, Trade Secrets