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Episode description:

In this episode of Law, disrupted, host John B. Quinn joins Greg Gentile, President of Silver Spike Capital, an asset management firm focused on investment opportunities in the cannabis, hemp and psychedelic industries and Robert Becher, Partner and Chair of Quinn Emanuel’s Cannabis Litigation Practice Group. Together they discuss legal issues affecting the cannabis industry.

The conversation begins with a discussion of the legal contradictions that exist in the cannabis space due to federal illegality and how Silver Spike Capital has successfully navigated this tricky legal landscape. They dig into how Silver Spike Capital launched the first publicly-listed business development company formed to invest across the cannabis ecosystem and what it took to obtain a NASDAQ listing for a cannabis business.

They next explore the unique legal issues and challenges associated with investing in and lending to the cannabis industry and dispel myths about the industry. Subjects covered in this part of the conversation include banking access, whether it is possible to obtain a security interest in a cannabis license, the role of state regulators, the unavailability of federal bankruptcy protection, state receiverships and federal taxation of cannabis businesses under Section 280E of the Internal Revenue Code.  

To close out the portion of the conversation focused on cannabis law, they discuss likely litigation trends resulting from industry consolidation, whether federal legalization is inevitable and how the industry would change if cannabis could be shipped legally across state lines. 

For the final segment of the podcast, the conversation shifts to an exploration of the law and business of psychedelics and Silver Spike Capital’s involvement in this sector. They discuss ongoing efforts to investigate the medical benefits of psychedelics through FDA-approved clinical trials, whether the psychedelic industry will follow the same trajectory as the cannabis industry and offer predictions for the future.

Published: Apr 6 2022

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