Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

Institutional Cannabis Lenders Community is Growing

Blog Post

BMD Attorneys Stephen Lenn and Brandon Pauley are pleased to provide the following report on the organizational meeting of the Institutional Cannabis Lenders Community (ICLC) that we initiated and formed.

As indicated in prior blogs, for purposes of this Community, institutional lenders include banks, credit unions, dedicated cannabis loan funds and family office/ultra-high net worth investors. [1]

The ICLC now has 21 participants including banks and credit unions (ranging in size from single-state community institutions to 2 of the 50 largest US banks), a credit union service corporation that syndicates cannabis loans to credit unions, dedicated cannabis funds (including Altmore Capital, Chicago Atlantic Silver Spike and Rainbow Realty), several specialty lenders, investment banks and family office advisers.

The organizational meeting of the ICLC was held on March 31st in Scottsdale, AZ. Perhaps most importantly, from our perspective, is that the consensus, summarized below, reflects the view of those who attended that both the ICLC itself and the in-person meeting were worthwhile. 

  1. Attendees included both critical mass and a geographically dispersed representative cross-section of our participants—large funds, banks and credit unions, and investment bankers from California, Texas, Illinois, New York, Ohio and Arizona.
  2. We had both general engagement and participation, with discussions covering a variety of topics ranging from the diverse perspectives of the attendees on the current status and future direction of the cannabis industry in general and lending, in particular. Additionally, there was robust discussion of topics of interest, including the challenges posed by the illegal markets, the current scarcity of equity and the potential impact of the current banking disruptions.
  3. Consensus:
    • The ICLC should be formally organized;
    • We should target at least 4 sessions, 2 in person (piggybacked on the major cannabis events that many of the participants might be attending anyway—perhaps coming in for an ICLC meeting the day before MJBiz or Benzinga) and 2 virtual meetings—1 or both of which could be for a forum on evolving best practices.
    • Participation should be selective, limited to organizations and individuals engaged in some facet of the cannabis debt markets, and that participants should be proactive in identifying and recruiting additional members.

[1] "Explosive Growth in Pot of Gold Opportunity for Bank (and Other) Cannabis Lenders driving Erosion of the Barriers" (May 13, 2022)

"Community Banks: Collaboration, not isolation, is the key to protecting/ enhancing the cannabis business you pioneered" (August 26, 2022)

"Invitation to Banks & Family Office/Ultra-high Net Worth Investors Exploring Cannabis Lending to Join Our Informal Institutional Cannabis Lenders Community" (December 2, 2022)

If you’re interested in learning more, please contact Steve Lenn at salenn@bmdllc.com or Brandon Pauley at btpauley@bmdllc.com.


Opening the Door to Quality Recovery Housing

From March 8–9th, Ohio Recovery Housing (ORH) — the oversight authority for ORH-certified recovery residences operating in the state of Ohio — hosted its 2023 Annual Conference, “Opening the Door to Quality Recovery Housing,” which boasted a room full of housing providers, delivered timely educational updates, and featured prominent speakers in the recovery housing space.

Spotting a Sham - What You Need to Know About MEB/BD Business Certification Processes

How to navigate the MWBE system, certify joint ventures, and avoid shams.

Invitation to Banks & Family Office/Ultra-high Net Worth Investors Exploring Cannabis Lending to Join Our Informal Institutional Cannabis Lenders Community

An update on the latest developments in the cannabis banking/lending space by subject matter expert, BMD Scottsdale/Phoenix Office Managing Partner Stephen Lenn

Community Banks: Collaboration, not isolation, is the key to protecting/ enhancing the cannabis business you pioneered

As we prepare for the plenary session of the informal institutional cannabis lenders community announced in my previous article, I am pleased to advise that participants now include 5 of the best-known dedicated loan funds; a select group of commercial banks ranging in size from single state community banks to mid-size regionals making cannabis loans into the mid-8 figures; and, a syndicator of credit union cannabis loans.

Non-compete Agreements are Under Fire: What Employers Need to Know

Non-compete agreements are an ongoing topic of dispute. Employers and their advocates point to the efficacy of non-competes in protecting proprietary information. Employees and their advocates argue about worker mobility and that employers unduly burden workers’ ability to seek better jobs. The Biden administration has put forth its position, and state legislatures have introduced bills addressing the enforceability of non-competes. Here is what you need to know: