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Cannabis Business Blog

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By: Foster Garvey PC

Blog Authors

Seth Berntsen
Joshua Bloomgarden
John Crosetto
Emily Gant
Foster Garvey
Daniel Keppler
Brittany L. Fayette
Steven Medley
Emily Gant, Melia Preedy
Victoria Redman
David Smith
Emily Gant Victoria Redman
Joseph West

Latest from Cannabis Business Blog

Cannabis Business Blog

Washington’s LCB Clarifies Legality of Producing Delta-9 THC from Hemp-based CBD – What Cannabis Companies Need to Know  

By Emily Gant, Melia Preedy
August 12, 2021

The Washington State Liquor and Cannabis Board (“LCB”) issued an interpretive statement on July 22, 2021 (“Notice”), with the aim of resolving questions surrounding the legality of processors making delta-9 THC from CBD. The LCB concluded that cannabis processors cannot…

Cannabis Business Blog

Modifications to Help Liquor and Cannabis Board Licensees During COVID-19

By Victoria Redman
March 18, 2020
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  • Alcohol distributors may accept product returns from and issue refunds to alcohol retailers.
    • Distributors must email Lieutenant Robert Knowles at robert.knowles@lcb.wa.gov the license number(s) of the alcohol retailer and the product returned.
    • This temporary modification does not affect the existing

…

Cannabis Business Blog

USDA Releases Proposed Domestic Hemp Regulations: Six Key Takeaways for Licensees

By Emily Gant Victoria Redman
October 30, 2019
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USDA Releases Proposed Domestic Hemp Regulations: Six Key Takeaways for Licensees
1. How do States and Tribes get their hemp programs approved by the USDA?
For State or Tribal governments seeking USDA approval to have primary regulatory authority over its…

Cannabis Business Blog

Understanding the Patchwork of Regulatory Schemes of the Sale and Use of Hemp-Derived Products

By Foster Garvey
October 1, 2019
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Understanding the Patchwork of Regulatory Schemes of the Sale and Use of Hemp-Derived Products
United States Department of Agriculture (USDA)
Under the 2018 Farm Bill, states may submit proposals for hemp production programs to the USDA for approval. These proposals…

Cannabis Business Blog

New York: The (H) Empire State?

By Foster Garvey
October 1, 2019
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Key Highlights of Cannabis Regulation and Taxation Act (CRTA)
Without getting too deep into the weeds, below are some key highlights:
Central to Cuomo’s proposal in the CRTA is the creation of a regulatory framework to be administered by a newly…

Cannabis Business Blog

Licensing Trademarks to Washington Cannabis Businesses – Are You in “The Clear”?

By Foster Garvey
October 1, 2019
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Licensing Trademarks to Washington Cannabis Businesses – Are You in “The Clear”?
Headspace International LLC, a California-based marijuana business, sued Washington-based Podworks Corp., for using “CLEAR,” which Headspace claims infringes its “THE CLEAR” trademark.  But Headspace does not operate in…

Cannabis Business Blog

No Small Matter: Why Participation in the Administrative Process Matters for CBD and Hemp Industry Groups Hoping to Accelerate Progress

By Foster Garvey
September 30, 2019

No Small Matter: Why Participation in the Administrative Process Matters for CBD and Hemp Industry Groups Hoping to Accelerate Progress
Ninth Circuit denies petition from Hemp Industries Associations seeking to review DEA’s rule
Case-in-point, on April 30, 2018, the Ninth Circuit…

Cannabis Business Blog

What to Expect When You're Entering the Cannabis Business

By Foster Garvey
September 30, 2019
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Hundreds of companies in Washington, Oregon, California and Canada are attracting billions in investments from just about every class of investor.
But the realities of investing in cannabis are far different from those in any other industry. You’ll need to…

Cannabis Business Blog

How to Avoid Litigation in Uncertain Times

By Foster Garvey
September 30, 2019
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The shredding of the Cole memo last month leaves the cannabis industry in an uncertain regulatory environment.
Industry-wide anxiety of this sort can sometimes breed business disputes that wind up in litigation.  Besides being expensive, defending a lawsuit from a…

Cannabis Business Blog

Cole Memorandum Rescinded

By Foster Garvey
September 30, 2019
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While this raises many questions for state regulators and the industry, this act should not cause fears of immediate federal enforcement actions.  The Sessions Memo leaves in place long standing guidance to federal prosecutors regarding how to exercise their considerable…

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