Category: One-Hit Wonders

We’re glad Husch Blackwell have brought up this issue and highlighted it……”Following FDA’s lead, AAFCO provides in its announcement that hemp and hemp-derived ingredients may not be used in animal feed or pet food the U.S. at this time.”

Maurer writes, “Today, after much waiting and anticipation, the Government of Canada finally released the details relating to the legalization of cannabis edibles, topicals and extracts.”

California based Cannabis Law Group write, “L.A. marijuana trademark attorney noted the latest in this trend is an established Idaho lumber company suing a Massachusetts cannabis dispensary. The allegation is that the “tree” logo used by the New England dispensary bears striking similarity to that of the lumber company, using the same green or alternative black color and an encircled tree with six branches.”

Authored by Ariel Cohen of SPQ and reported via Lex Blog. “On June 5, 2019, Nevada’s governor signed Assembly Bill No. 132, becoming the first state to prohibit pre-employment drug testing for the presence of marijuana (though New York City was the first city to enact such a law, as we discussed in our previous post).”

The firm writes,”Hemp growth programs took root in four different states, expanded in two states, and legislation awaits the governor’s signature in another state in the month of May. The Transportation Security Administration (TSA) also approved a policy permitting hemp-derived products on airplanes so long as they meet the 2018 Farm Bill’s requirements. Still, there were a few setbacks as officials in Georgia, Hawaii, Iowa, and Virginia adhere to onerous FDA guidance. Below is a review of the latest changes in the hemp listed by state.”

Abimael “AJ” Bastida at law firm, McManis Faulkner writes, “Proposition 64 changed marijuana laws. What many do not realize is that it did not change employment laws. Employers recognize societal norms are changing with the passing of Prop 64. A new era has commenced and the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) will play a large role in how cannabis is handled in the workforce.”

Paul A. Kunynetz, Arie van Wijngaarden and Ana Badour of McCarthy Tétrault LLP write, “While the right financing structure can be a critical advantage to any cannabis-related business, it is also important to remember that there are legal considerations involved, including in respect of anti-money laundering (AML) matters. These legal considerations include the preference of some cannabis retail customers to using cash as a payment method, concerns around privacy, and the risks associated with the supply of cannabis to ensure its provenance from legal sources. Financial institutions, cannabis businesses, and investors should therefore be very mindful of AML considerations.

Jorge P. Segovia & Miranda Jacqueline Ramjattan write, ” This article will examine how courts have responded to claims for cannabis, as an element of future care costs, in personal injury cases. These claims have occurred against a background of significant change with regards to the acceptance of cannabis, both medically and recreationally.”

Ruth A. Rauls, Alexander Reich & Jason Tremblay write. “While the legalization and regulation of cannabis may be a boon to the state’s (depleted) piggybank, it has the potential to create headaches for Illinois employers, especially those who have adopted policies relating to employee drug use.”

Lawyer, Stephen Thomas, writes.”The continuing internal tension between various agencies and offices of the U.S. federal government over how to address the (seemingly) unstoppable growth of the marijuana industry in light of current federal law has been a bit like watching the earth’s tectonic plates in action. It may not seem like much is happening, but occasionally there is movement, albeit small, that belies and relieves some of the tension. One such movement occurred on May 2, 2019, when the United States Patent and Trademark Office (USPTO) issued new guidance for registration of certain CBD products as result of the 2018 Farm Bill.”

Leoni Ayoub of Stelios A. Stylianou & Co LLC writes, “Undoubtedly, this step not only brings Cyprus to the forefront of research and development in the field of medical cannabis at European Union level, as it is one of the few Member States to have taken such large strides in the subject, but also provides an excellent opportunity for bringing in further investment in pharmaceutical research and development on the island under an already favourable investment climate.”

California Assembly Bill 228 would expressly permit the retail sale of hemp-derived CBD in foods and supplements in California, notwithstanding the Food and Drug Administration’s position to the contrary

While the law allows for employers to maintain reasonable employment policies to prohibit drug consumption and use at the workplace, the Act is clear that enforcement of these policies must be based on a good-faith belief that an employee is either using, possessing or is impaired on the employer’s premises or during working time.

House Democrats have introduced bipartisan legislation to address the conflict between states that have legalized cannabis within their borders for medical and/or personal use, and federal law, under which cannabis remains a Schedule I controlled substance. The Secure and Fair Enforcement (SAFE) Banking Act of 2019, H.R. 1595, was introduced by Rep. Ed Perlmutter (D-CO-07) and has rapidly garnered 138 cosponsors, including 16 Republicans.

On May 2, 2019 the United State Patent and Trademark Office (“USPTO”), in response to the 2018 Farm Bill’s removal of “hemp” from the definition of marijuana in the Controlled Substances Act (“CSA”), issued an Examination Guide for trademark applications for cannabis and cannabis derived products and services. It is now possible to register trademarks for some hemp related goods and services.

Cannabis trademarks will be eligible for registration as long as the applied-for goods and services: (1) are not regulated by the U.S. Food and Drug Administration; and (2) do not fall under the Controlled Substances Act’s definition of marijuana.  

May 2019 Cannabis Legislative Updates Including New THC Limits For Industrial Hemp & USDA Provides Legal Guidance for Transportation and Shipment of Hemp Products Across State Lines.