Most cannabis businesses need to amend written cannabis contracts on a regular basis. And many of them do it all wrong. Today, I’ll be looking at some of the key issues cannabis businesses need to consider when amending cannabis agreements.
First of all, any half-decent cannabis contract will have an amendment provision. These clauses permit amendment or modification (1) only in writing (2) signed by both parties. Sometimes they will only require the signature of the party concerned. But the bottom line is that it must be a signed written document to be valid.
There can of course be exceptions to this rule. It is common in litigation to see arguments made that a course of action or action after an oral amendment proves an amendment. The law in many jurisdictions permits such arguments, although the party making the claim bears the burden of proving it. So even if it’s possible to argue that the parties have changed a contract, it is easier (and saves a lot of time/money) to do so in writing. handshake offers are almost always bad and can lead to some of the biggest errors the low.
Parties that follow the written route generally do one of two
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