The Future of Cannabis: State Legalization and Private Sector Perspective
Supreme Court Narrows TCPA’s Definition of “Autodialer”
Cannabis companies are facing a slew of class action lawsuits under the Telephone Consumer Protection Act (TCPA), which prohibits unwanted automated calls and text messages. In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the TCPA. The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of…
The Future of Cannabis: Federal Perspective
Breaking News – Facebook v. Duguid: Is this the End of TCPA Litigation?
The Facebook v. Duguid Supreme Court decision is here:
“To qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.”
Let’s back up. On Thursday, the Supreme Court unanimously ruled Facebook did not violate the TCPA when it sent unsolicited text messages without…
CBD Regulation: Recent FDA Enforcement Casts a Wider Net Over CBD Products
On March 22, 2021, the U.S. Food and Drug Administration (FDA) released two warning letters to U.S. companies selling products containing cannabidiol (CBD). These warning letters highlight the FDA’s continuing vigilance on marketing of products containing CBD. Without having undergone rigorous testing and FDA review and approval, it remains a violation of the Federal Food Drug and Cosmetics Act (FD&C Act) to sell products containing CBD that make specific health claims related to the treatment…
What You Need to Know When Buying a Cannabis Business, Part 1: Overview
Cannabis businesses are unlike typical businesses in large part due to the significant tension between federal and state laws and regulations. This tension creates some uncertainty for every licensed cannabis business and every other business and individual involved in the marketplace: owners, financiers, employees, ancillary service providers, and even accountants and attorneys.
In this forthcoming series of blog posts, I will provide guidance to attorneys and first-time cannabis company buyers who need to understand how…
Senate majority leader shrewdly emphasizing "freedom" in his push for federal marijuana reform
The federal marijauan reform bill that passed through the US House late last year was the “Marijuana Opportunity Reinvestment and Expungement Act” (the MORE Act). But the marijuana reform bill that Senator Chuck Schumer first introducted in the US Senate in 2018 was called the “Marijuana Freedom and Opportunity Act.”……
THC Edibles in Candy Bags Highlight Risks of Depriving Cannabis Businesses of Trademark Protection
Florida officials are on “high alert” as THC edibles “are making their way into the hands of children and teens.” Of particular concern is the fact that the goods in question “bear a striking resemblance to ordinary candy.”
An image shared by the Charlotte Country Sheriff’s Office shows bags prominently featuring the trademarks of well-known candy brands such as Skittles and Nerds. At first glance, these items look just like genuine products. However, irregularities emerge…
New Mexico Legalizes on the Heels of New York
The Future for Smokable CBD Products is Not Great: Part 2
Back in January, I published the first part of this article, which, not surprisingly, is all about how bad the law is getting for hemp CBD vape companies. Since then, things have, also not surprisingly, gotten even worse. Let’s just jump right into it and see what’s happening.
First off, California recently proposed a law (AB-45) that would ban all smokable hemp products, including vapes. There’s been a lot of backlash already and,…