California Cannabis Contracts and the Attorney-Client Privilege: A Legislative Update We previously explored enforceability problems presented by commercial cannabis contracts in California, as well as some examples of how courts have strained to reconcile state-legal conduct with federal illegality. On October 6, California Governor Brown signed into law AB 1159, a short bill with important implications for commercial cannabis operators, service providers, and investors relating to the...
Much Ado About RICO and Cannabis, Part 2 We’ve previously discussed a RICO case that is slowly worming its way through federal court in Portland, Oregon. Styled as McCart v. Beddow et al., the case was filed by an attorney who is fed up with two neighboring cannabis grow operations next to her rural home. But rather than focusing solely on the allegedly troublesome cannabis...
They Said It On Marijuana, Quotable Saturday, Part CLXXX Things were not perfect for the cannabis industry under the Obama Administration and Eric Holder and the Cole Memo (to which Holder is referring above), but they certainly were better than Jeff Sessions’ odd and obsessive loathing of cannabis. But instead of our getting all nostalgic, we just need to keep fighting. The populace and the numbers are on...
Cannabis Trademarks: How to Coexist with Large Hairy Primates A recent post here looked at the “Gorilla Glue” trademark dispute between a cannabis business and a glue maker. As we’ve often seen, the cannabis business gave up its brand, rather than litigating. Sometimes a settlement is the best choice. When the cannabis business is the smaller, newer, less financially-sound company, facing an established brand holder with more resources for...
Cannabis Business Registration: The Delaware Myth As business and corporate cannabis lawyers, we have registered and structured a large and ever-expanding number of pot businesses up and down the west coast. Most of these businesses are corporations or LLCs, and most of the time, these businesses are incorporated in the state where they will obtain a license to trade in marijuana....
Canada Cannabis Update It has been a while since we looked at how our good neighbors to the north have been doing with their legalization effort. Uruguay is still the only country to implement a nation-wide legalization system including legalized sales, but it has run into some implementation problems because of lack of access to the American financial...
Target Sold CBD Online: Was it Legal? BuzzFeed recently reported on Target’s short-lived effort at selling cannabis-based products online. By the end of the day on which the story ran, the major retailer had already removed the product from its website. The Phoenix New Times quoted Target spokesperson Kate Decker as saying, “We started carrying Charlotte’s Web hemp extract items last week on Target.com....
What NOT to do with your Cannabis Brand: The Gorilla Glue Trademark Infringement Dispute The Gorilla Glue Company and GG Strains LLC, a Nevada-based cannabis company, entered a recent settlement agreement in the trademark infringement case brought by Gorilla Glue back in March. This case provided a perfect illustration of what NOT to do when developing your cannabis brand, and it now illustrates the possible consequences of infringing the trademarks...
California Commercial Cannabis: Beware the Residential Farm Purchase With California’s cannabis real estate market red hot right now, many cannabis businesses are looking at buying rural farms with family farmhouses as sites for their marijuana business. This though can be a risky approach. Businesses hoping to become legitimate licensed operators under California’s Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) should consider the following before...
They Said It On Marijuana, Quotable Saturday, Part CLXXIX Republican Senator Gardner makes a good point. The small amount of research the federal government has permitted has shown many ways cannabis is medically useful, yet barriers to research continue. Gardner is one of several senators who support the Marijuana Effective Drug Studies (MEDS) Act to remove barriers to cannabis research. It would be helpful for everyone....
Cannabis Edibles and the FDA: An Update The Food & Drug Administration (FDA) has only the jurisdiction Congress gave it in the Food, Drug and Cosmetic Act (FDCA). Under this act, the FDA has broad regulatory powers over legal drugs, with more limited powers over food. Under the FDCA, the FDA categorizes a substance as either a food or a drug depending on how...