State governments and the federal Food and Drug Administration (“FDA”) take wildly different approaches when it comes to Hemp-derived cannabidiol (“Hemp CBD”), and for the most part, the ball is still in the government’s court to actually regulate hemp and Hemp CBD. The Food and Drug Administration (“FDA”) and U.S. Department of Agriculture (“USDA”) haven’t issued regulations yet, states like California are still considering laws that would allow (or ban) many Hemp CBD products, and…

    In following the progress of the first-ever cannabis patent litigation case, United Cannabis Corporation v. Pure Hemp Collective, Inc., the parties are now in a special phase of patent litigation called “claim construction.” Claim construction is specific to patent cases, and it’s the process of deciding what the various terms of the asserted patent claims actually mean. Claim construction is generally where most cases are decided. The process begins when the parties actually…

Today let’s talk about Curaleaf and the trifecta of very bad things that befell the company over a recent two-week span. Then, let’s see what we can learn from this brutal sequence. To recap, between July 22 and August 5, Curaleaf: 1) was hit with an FDA warning letter for “illegally selling” CBD products and making “unsubstantiated claims” that the products treat cancer, Alzheimer’s disease, opioid withdrawal, and pain and pet anxiety; 2) was hit …