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26 Widener L. Rev. 53 (2020)
The Green Rush: The Public Marijuana Securities Market

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The Green  Rush: The Public Marijuana  Securities Market


                             Luke  Scheuer*


                                ABSTRACT

   Over the past twenty years, more and more  states have legalized the sale
of marijuana. Despite its continued federal prohibition under the Controlled
Substances  Act, entrepreneurs and investors have rushed to be among   the
first to meet consumer demand for legal marijuana. Investors are lured by
the promise of high profits and growth potential, and the belief that the first
businesses to corner the market will have a return comparable to Google and
Amazon,  which  made  early investors enormous amounts  of money.  Unlike
Google  and Amazon,   however,  the early marijuana companies  seeking  to
raise investor capital face a host of legal challenges stemming  from  the
conflict between federal prohibition and state legalization ofmarijuana. One
of the legal challenges is how to navigate the world of securities laws when
a company's   main  line of  business violates federal law.  While   some
companies  have successfully gone public, the process has not been straight
forward. This article will explore the various extra hurdles standing in the
path of marijuana companies  seeking to go public and the investing public
seeking to get rich investing in these companies.

















   1* Associate Professor of Law, Widener University Delaware Law School, H. Albert
Young Fellow in Constitutional Law, and faculty member of the Institute of Delaware
Corporate and Business Law. Luke Scheuer has previously published articles in the areas of
corporate law, cannabis business law, and professional responsibility. The author would like
to thank the Widener University Delaware Law School Law Review and attendees of the
Marijuana Business Law in the Tri-State Area for their valuable assistance with this article.

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