Joshua Mandell and Evelina Gentry co-authored an Expert Analysis for Law360 guiding cannabis businesses through various price gouging statutes, particularly if deemed an essential business during the COVID-19 pandemic.
“As the COVID-19 pandemic has impacted daily life across the globe in new and profound ways, the nascent cannabis industry suddenly and unexpectedly finds itself in a position previously unthinkable – being labeled essential and allowed to operate while state and local governments order traditional businesses to close and residents to stay home. With this new status comes responsibility – avoiding violations of the price-gouging statutes and the severe penalties imposed by them. In efforts to mitigate the spread of COVID-19, state and local governments are issuing new orders daily that direct residents to stay home and nonessential businesses to close. These stay-home orders contain lists of exceptions for those services or goods that are deemed essential and thereby permitted to stay open.”