Category: One-Hit Wonders

United States: The Business Of Cannabis In Illinois

Recreational use of cannabis is now legal in Illinois, and the laws around its use in relation to licensing, banking, employee handbook guidelines and intellectual property protection can be complex. While medical marijuana has been legal in Illinois for some time, the legalization of recreational marijuana could mean a host of avoidable legal issues for employers, employees, customers, visitors and others. Reinhart attorneys addressed a variety of topics.

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Maine Medical Marijuana Businesses Deemed “Essential” In Light of Pandemic

Maine’s Office of Marijuana Policy (OMP) issued a memorandum today explaining that medical marijuana businesses are deemed “essential” and may continue operating despite the spread of COVID-19. However, OMP urges medical marijuana businesses to take all necessary precautions to ensure proper sanitization and social distancing in their facilities. 

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Mondaq – United States: Agency Activity Signals Regulatory Agenda, Enforcement Priorities, And Litigation Risk For CBD Products

Products containing cannabidiol (CBD), ranging from gummies to lotions and oils, continue to grow both in popularity and presence in the marketplace. Recent regulatory action by the US Food & Drug Administration (FDA) and Federal Trade Commission (FTC), however, is an important reminder that the presence of a product is not necessarily a reflection of the government’s position on its legality.

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Thompson Coburn Statement on COVID-19/Coronavirus

We are reaching out to keep you up-to-date as all of us navigate through this unprecedented and challenging time. Our priority at Thompson Coburn is to continue to provide our clients the legal representation they expect, while protecting the health and safety of our people, our families, our clients and our communities. Like all of you, we have taken a myriad of steps to do our part to help combat COVID-19.

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Nixon Peabody on Mondaq: United States: Ethical Issues For Attorneys Providing Services To The Cannabis Industry

It is estimated that the legal cannabis industry could reach $30 billion in sales and employ nearly half a million full-time workers by 2023. In one year, cannabis companies raised $13.8 billion in funding. Fueling that investment is the reality that a wide swath of industries is preparing for a future in the cannabis economy. Soft drink and alcohol manufacturers are considering future products using cannabis products.

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Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products.  The United States Patent and Trademark Office has maintained its refusal to register trademarks for most cannabis-based products on the ground that use of those products is federally unlawful.  But what about state or common law rights in trademarks for cannabis products?  In a recent order denying summary judgment, the Northern District of California in Kiva Health Brands, Inc. v. Kiva Brands, Inc.  held that a party’s state and common law trademark did not confer trademark priority in a trademark infringement suit based on the federal Lanham (Trademark) Act.

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Dentons Latest Cannabis Law News Updates

Presidential candidates begin to differentiate themselves on cannabis legalization / California proposes new rules to allow for protected designations of geographic origins of cannabis products / The US Department of Transportation becomes the latest agency to issue guidance warning to its employees that a positive drug test for CBD could lead to their termination / Members of the SPD in Germany have adopted a cannabis policy platform that endorses decriminalization and calls for pilot program to study legal recreational use / A new medical study found that patients experiencing attention-deficit hyperactivity disorder that were treated with medical cannabis reported a higher occurrence of stopping use of all ADHD medications

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5 Key Highlights of the CDFA’s Proposed Cannabis Appellations Program

The California Department of Food & Agriculture (CDFA) recently released the first iteration of its Cannabis Appellations Program (CAP), which sets forth proposed regulations for licensed cultivators to establish appellations of origin (i.e., protected designations that identify the geographical origins of products and how those products were produced).  Here are the key highlights:

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USDA NON-ENFORCEMENT OF DEA-LAB AND DISPOSAL REQUIREMENTS

After a significant outcry by the hemp community, the USDA is backing down from its requirement that all hemp be tested at DEA-registered labs for the 2020 season.  This is great news for farmers for the current year, as hemp producers will be allowed to use the established, local labs that already exist provided the labs have the capacity to test for Total THC on a post-decarboxylated basis.  Oregon alone has 21 labs accredited for potency testing by the state, so the requirement that all testing had to be done at one of the 47 DEA-registered labs almost ensured that 2020 crops would go unharvested due to long wait times for testing. 

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Mondaq Article: Norton Rose Fulbright – Canada: Canadian Cannabis Companies Come Under Fire

In the 12 months leading to legalization in October 2018, Canadian public companies already in the medical cannabis space experienced “jaw-dropping growth” in their market capitalizations, notwithstanding that many reported negative earnings.1 A significant volume of merger and acquisition (M&A) activity was also observed, often involving surprisingly high valuation multiples based at least in part on what may have been overly optimistic predictions of consumer demand. Initial investor interest was primarily retail, and exceptionally strong notwithstanding the speculative nature of investment in this new and unproven industry.

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Kight On Cannabis

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Rod Kight is the principal of Kight Law Office PC, which represents businesses in the cannabis industry, including hemp and CBD, throughout the USA and...

 Legal /  United States

Burns Levinson

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At Burns & Levinson, we practice law differently. While our attorneys agree that results drive our business, building relationships with our clients and providing value...

 Legal /  Massachusetts

Our firm has spent the last 3 years working to get the medical marijuana bill passed. The firm is the only lawyer member of the...

 Legal /  Philadelphia

Bernstein IP

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Bernstein IP is an Intellectual Property firm that counsels and advises its legal cannabis clients on creative ways to protect, enforce, and license their IP...

 Legal /  New York

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