Cannabis

December 12, 2019

As we have written about previously, we represent a property owner and retailer in an appeal against Kern County pending in the Fifth Appellate District (County of Kern v. Alta Sierra Holistic Exchange Service, Case No. F077887). The legal landscape for cannabis regulation in Kern County has been in flux since 2009, when the County enacted an ordinance allowing medical cannabis dispensaries to operate in unincorporated areas of the County. Since then, there…

Marijuana Law, Policy & Reform

National Cannabis Roundtable launches new “Corporate Social Responsibility program”

By Douglas Berman

December 11, 2019

As reported in this press release, yesterday the National Cannabis Roundtable (NCR) "pledged its commitment to fostering social justice, equity, and diversity in the cannabis industry [through] the launch of NCR’s Corporate Social Responsibility program." Here is more from the release: Looking to do their part to reduce the negative……

Marijuana Law, Policy & Reform

Taking stock of the state of modern marijuana politics circa late 2019

By Douglas Berman

December 11, 2019

Writing in Forbes, Mike Adams has this amusing commentary under the headline ""Federal Marijuana Legalization Is A Lock – But How, When?". Here are excerpts: Although pro-pot groups insist that 2019 has been the best year ever in the realm of cannabis reform, the reality is not much progress has……

Canna Law Blog™

Hemp-CBD, Oregon and the Unlawful Trade Practices Act

By Jesse Mondry

December 11, 2019

This is the first in a three-part series addressing why companies making and sell hemp-derived CBD products ought to be concerned about state consumer protection laws and offering a few thoughts on how to mitigate the risk of running afoul of those laws. This week we will look at Oregon, followed by Washington, and California. Please note that these laws are complex, so this is just a broad overview. Increasingly, makers of CBD products are…

The Blunt Truth

Brand Protection for Illinois’ Budding Cannabis Industry

By Stephen Lott

December 10, 2019

On January 1, 2020, the recreational use of marijuana will be legal under Illinois law. With the formal enactment of the Cannabis Regulation and Tax Act, it is expected that numerous new companies will be gearing up to enter the Prairie State’s burgeoning cannabis market. As with any new business, one of the first things for owners to consider is the company’s brand, what it will be called and how best to protect it…

Canna Law Blog™

Cannabis Patent Litigation: the Presumption of Validity

By Jihee Ahn

December 10, 2019

I recently received an inquiry as to how difficult it would be to invalidate a competitor’s patent in litigation. In short, it’s pretty tough. A patent is deemed invalid “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which…

Canna Law Blog™

Charlotte’s Web Faces Class Action Lawsuit for Improperly Marketing CBD Products

By Alison Malsbury

December 9, 2019

We’ve written extensively about hemp-derived CBD and the myriad issues faced by manufacturers CBD edibles. You can read more about this topic here: Is Hemp CBD Really Unlawful in California? The FDA Issues Hemp-CBD Warning Letters and a Consumer Update Litigation Update: JustCBD Files Motion to Dismiss Class Action Lawsuit CBD Topicals are Not Immune from FDA Scrutiny, as Recent Warning Letters Show CBD Products and False Advertising Under the Lanham Act Cannabis Company Disasters: …

Cannabis & the Law

Union Organizes First Cannabis Shop in Massachusetts

By Allison Anderson

December 9, 2019

In November 2019, United Food and Commercial Workers International Union (UFCW) became the first union to organize employees at a Massachusetts cannabis company. According to the Boston Globe, two-thirds of Sira Naturals, Inc.’s employees, who work at its cultivation and manufacturing facility and its dispensaries, voted to join UFCW. Sira issued its own announcement indicating that in advance of the vote it entered a labor peace agreement with UFCW allowing union representatives to come…

Canna Law Blog™

Hemp-CBD Across State Lines: Missouri

By Nathalie Bougenies

December 8, 2019

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the…

Kight on Cannabis

Introducing AJEM- the American Journal of Endocannabinoid Medicine

By Rod Kight

December 7, 2019

Cannabis, Health Care, and Federal Law Health care professionals are in the unique and difficult position of being increasingly pressed to give guidance about cannabis at a time when it is challenging to identify reliable information. Indeed, the discovery of the endocannabinoid system (ECS), and the fact that it can be modulated by exogenous phytocompounds called cannabinoids produced by the Cannabis sativa L. plant (cannabis), has sparked a revolution in health care. A primary aim…