Canna Law Blog™

Legal Support for the Cannabis Business Community Since 2010

Latest from Canna Law Blog™ - Page 2

California Cannabis Claims: Fraud

February 6, 2020

Welcome back to our litigation series on California cannabis claims. Fraud is one of those claims that clients believe will be easy to pursue, but it actually requires a lot of factual development and proof, even just to assert it in a complaint. Below is a primer. Introduction A fraud claim requires six elements: (1) a misrepresentation, (2) knowledge of that representation’s falsity, (3) an intent to induce reliance, (4) reliance, (5) causation, and (6)…

Canna Law Blog™

USPTO Grants Trademark for PSILOCYBIN, But Don’t Get Too Worked Up Yet

By Alison Malsbury

February 5, 2020

A few weeks back, Twitter was abuzz about the fact that the United State Patent and Trademark Office (“USPTO”) granted a federal trademark registration for the word PSILOCYBIN. The mark was registered by the company Black Pandas LLC and applies to the following services in Class 041: “Development and dissemination of education materials of others regarding psychoactive plants, psychoactive fungi, and chemicals and related topics in the field of spirituality, religion, politics, art and science;…

Canna Law Blog™

California Cannabis: DCR Issues City of Los Angeles Licensing Update

By Hilary Bricken

February 4, 2020

On Friday, January 31, the Los Angeles Department of Cannabis Regulation (“DCR”) issued an updates bulletin to stakeholders via email that outlines some important highlights and reminders for licensees and would-be licensees in the City. Below are the key points, with analysis. 1. 100 Phase 3 Retail Round One applicants determined eligible for further processing. The initial 100 applicants in Round 1, Phase 3 are moving forward in the licensing process with the DCR. On September 3, …

Canna Law Blog™

What To Consider Before Entering the European CBD Market

By Nathalie Bougenies

February 3, 2020

This past year, the cannabidiol (“CBD”) craze has taken the world by surprise, showing remarkable prospect for economic growth. According to BDS Analytics and Arcview Market Research, the CBD market is expected to surpass $20 billion by 2024 in the United States alone. Europe has also witnessed a huge demand for the most coveted cannabinoid, whose market, Brightfiled Group predicts, will grow by 400% by 2023. Unlike the U.S. CBD market, the European CBD…

Canna Law Blog™

Hemp CBD Across State Lines: North Carolina

By Daniel Shortt

February 2, 2020

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…

Canna Law Blog™

UCLA Cannabis and the Law Series: “The Legal Landscape of Cannabis in California”

By Canna Law Blog

February 1, 2020

***ROOM LOCATION HAS CHANGED to UCLA Law School, Law 1430. See below for details. Every month from February through June, Harris Bricken is partnering with UCLA’s CannaClub to lead “Cannabis and the Law,” a seminar series examining the myriad of legal questions and concerns related to the present and future of the United States cannabis industry. As the largest legal market for cannabis in the United States, California state leaders are in a unique position…

Canna Law Blog™

State of the State: Washington Regulators Turning a New Leaf (Part 2)

By Daniel Shortt

January 31, 2020

In Part 1 of this two-part series we discussed the Washington State Liquor and Cannabis Board’s (“LCB”) new rules stemming from SB 5318, which passed last year and forced the LCB to transition from an enforcement-first policy to a compliance-first policy when handling violations. We covered how the LCB will handle Notices of Correction (“NOC”) and Administrative Violation Notice (“AVN”). Today we’ll look at the LCB’s revamped structure for penalties. The new section at issue…

Canna Law Blog™

Will China Really Buy More U.S. Hemp? There is No Guarantee

By Jonathan Bench

January 30, 2020

Two major President Trump-centric events have been unfolding these past few weeks, and each has alternatingly claimed the limelight and been overshadowed by the other. First, we have the ongoing Senate impeachment hearings, which began January 16, and second, phase one of the U.S.-China trade deal, which was signed and made public on January 15. With respect to the trade deal, certain commentators have highlighted the appearance of hemp in the agreement. One prominent…

Canna Law Blog™

Is Tribal Cannabis on a Comeback Tour?

By Hilary Bricken

January 29, 2020

For people in the know, the cannabis industry is an unpredictable roller coaster for a number of reasons having to do with federal illegality, evolving state regulations, and market volatility. One faction of the industry that many thought would immediately take off is cannabis being grown and sold in Indian Country by Native American Tribes. And with good reason–in December 2014, the federal government announced that when it came to cannabis, it would not essentially…

Canna Law Blog™

ICYMI: Proposed Emergency Regulations Require QR Code on All Licensed California Retail Cannabis Premises

By Alison Malsbury

January 28, 2020

On Thursday, January 23rd, the Bureau of Cannabis Control (BCC) announced new proposed emergency regulations that will make it mandatory for all cannabis businesses to post their unique Quick Response Code (QR Code) in their storefront windows and to carry it with them while transporting or delivering cannabis. According to the BCC, these new regulations are designed to help consumers identify the licensed cannabis retail store from which they are purchasing, and to help law…

Canna Law Blog™

Legal Support for the Cannabis Business Community Since 2010

California Cannabis Claims: Fraud

USPTO Grants Trademark for PSILOCYBIN, But Don’t Get Too Worked Up Yet

California Cannabis: DCR Issues City of Los Angeles Licensing Update

What To Consider Before Entering the European CBD Market

Hemp CBD Across State Lines: North Carolina

UCLA Cannabis and the Law Series: “The Legal Landscape of Cannabis in California”

State of the State: Washington Regulators Turning a New Leaf (Part 2)

Will China Really Buy More U.S. Hemp? There is No Guarantee

Is Tribal Cannabis on a Comeback Tour?

ICYMI: Proposed Emergency Regulations Require QR Code on All Licensed California Retail Cannabis Premises

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