Cannabis

By Alison Malsbury on October 17, 2019

Last week I had the pleasure of speaking on a panel called “Expert Perspectives on the Rapidly Evolving Cannabis Industry” at the Midwest IP Institute in Minneapolis, MN. One of the issues that is often a source of confusion, both at IP-focused events and for clients, is how to craft an appropriate specification of goods or services for a federal trademark application while simultaneously navigating the trademark challenges faced by cannabis companies. As we’ve written…

The Blunt Truth

Higher Laws — What’s New on the Legislative Front for Cannabis Businesses

By Catherine M. Dacre on October 16, 2019

It is widely known that California’s Governor Gavin Newsom has signed into law (and also rejected) a flurry of bills in recent weeks. But what has been done in the cannabis space? So glad you asked, because, indeed, Newsom has signed several bills impacting the cannabis industry, reflecting a focus on encouraging minority participation, encouraging union membership, and clarifying select existing regulations. How is this accomplished? For starters, Senate Bill (SB) 595, which provides some…

Canna Law Blog™

California Cannabis Equity Programs are Getting a Boost From State and Private Sources

By Alison Malsbury on October 16, 2019

Last week was a big one in terms of California’s social equity programs, with the Bureau of Cannabis Control (BCC) announcing its award of equity grant funding to a number of local jurisdictions “to be used for commercial cannabis equity programs that focus on inclusion and support of persons or communities that were negatively or disproportionately impacted by cannabis criminalization.” The funds are intended to be used by cities and counties to provide assistance and…

Kight on Cannabis

Why You Should Always Ship Hemp Through the USPS

By Rod Kight on October 16, 2019

The USPS has implemented a policy for shipping hemp. I cannot tell you the number of times I have been contacted this year about hemp that was mailed, opened during transit, and seized by law enforcement. Every seizure represents a monetary loss to a client, including lost time, replacing the product for the customer, and legal fees associated with getting my office involved. But financial loss is not always the only problem. One of my…

Cannabis Law Blog

California Revises Its Hemp Cultivation Laws

By Sarah Blitz on October 15, 2019

On October 12, 2019, Governor Newsom signed Senate Bill (SB) 153, a bill aimed at supplementing existing laws governing industrial hemp and conforming California’s hemp law to the requirements for a state plan under the Agricultural Improvement Act of 2018 (Farm Bill).…

The Pipeline Cannabis Law Advisor

WSLCB Interprets DOH Vapor Ban Rules More Broadly

By Samuel D. Méndez on October 15, 2019

The Washington State Liquor and Cannabis Board (“WSLCB”) often moves slow with rulemaking (we’re still waiting on rules for SB 5318, which was signed into law in May and went into effect in July), but occasionally they move fast. As I reported last week, on October 9 the Washington State Department of Health (“DOH”) voted to adopt rules that banned flavored vapor products, which included a rather porous definition of what was being banned. As…

Cannabis Law Update

Judge Denies CBD “No THC” Appeal; CBD False Advertising Lawsuits Continue

By Kristi Wolff & Lee Baumgardner on October 15, 2019

As we discussed previously, a truck driver and his wife brought suit in New York federal court against three companies selling a CBD oil product the trucker claims caused him to fail a drug test and thereby lose his job. Back in April, the U.S. District Court Judge, Frank Geraci, dismissed several of plaintiffs’ claims, leaving only two claims for fraudulent inducement and civil RICO. As a result, plaintiffs then moved under Federal Rule…

The Blunt Truth

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

By Jennifer Mora, Adam R. Young & Craig Simonsen on October 15, 2019

The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted in a failed drug test that resulted in his employer terminating his employment. Horn v. Medical Marijuana, Inc., et al. No. 15-cv-701-FPG (W.D.N.Y.) We have noted previously that the federal Drug Enforcement Agency (DEA) recently announced that drugs that include…

Canna Law Blog™

California Hemp Laws Get Revamped

By Griffen Thorne on October 15, 2019

On October 12, 2019, Governor Newsom announced that he had signed SB-153, a bill aimed at making significant changes to California’s hemp cultivation law. As I’ve written before, the bill is a major change for California hemp laws for the following reasons: The bill adds a new definition of “industrial hemp”. There are now separate (and slightly different) definitions for hemp generally under the California Health and Safety Code, and now under the…

Canna Law Blog™

Hemp-CBD Pet Foods Are Everywhere But Are They Legal?

By Nathalie Bougenies on October 14, 2019

According to recent reporting, pet industry spending is expected to reach $96 billion by 2020 with CBD as one of its fastest growing sections. Following the enactment of the Agricultural Improvement Act of 2018 (“2018 Farm Bill”), there has been a huge interest in the use of hemp-derived cannabidiol (“Hemp-CBD”) for our furry friends. Yet, public demand for Hemp-CBD pet products may be pushing the market ahead regardless of legal requirements.…