Cannabis Industry Risk Factors
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CHAPTER IX
Cannabis Industry Risk Factors
Companies in the cannabis industry are subject to many risks. The realization of one or more of these
risks could have a material adverse effect on the business and results of operations of a company and
on its lenders, investors and principals. The following discussion highlights some, but not all, of these
risks,
Risks Related to U.S. Federal Law
¢ The manufacture, distribution, dispensing and possession of cannabis are strictly controlled
under the Controlled Substances Act (CSA), irrespective of whether such activities comply with
applicable state law. Financial transactions in connection with cannabis-related violations of
the CSA may violate other federal laws. Individuals and businesses—including the principals,
employees, directors, agents, lenders and investors of such businesses—that violate the CSA or
such other laws are subject to fines, asset seizure and imprisonment under federal law.
¢ Federal statutes and policies that currently restrict or deprioritize enforcement of certain CSA
violations related to cannabis are subject to expiration, rescission and other changes. There can
be no assurance that in the future the federal government will not strictly and aggressively enforce
cannabis-related CSA provisions.
¢ If CSA controls applicable to cannabis are relaxed or repealed in the future, other federal laws
and regulations governing the production, distribution and marketing of products for human
consumption, such as the Federal Food, Drug, and Cosmetic Act, may be more strictly enforced
by the federal government in relation to the cannabis industry.
¢ CSA controls and federal enforcement priorities applicable to cannabis both preclude interstate
commerce in cannabis and cannabis products. As a result, it can be costly or impractical for
companies in the cannabis industry to operate in multiple states and to gain economies of scale
through centralized operations.
© 2017 Ackrell Capital, LLC | Member FINRA/SIPC 165
HOUSE_OVERSIGHT_024801
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