Category: Legal

A mid-year review: The top cannabis trends in 2020

May 18th, 2020

Despite continued legislative needs around research, securities protection and business regulations, the Dentons team believes that 2020 holds potential for continued growth and innovation that will bring the United States nearer to widespread normalization and legalization of cannabis. Here are the top four areas to watch.   Increased access to…

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Massachusetts: Current issues in the legal cannabis industry

May 11th, 2020

The legal and business landscape for Massachusetts — the first East Coast state to authorize adult-use cannabis — is becoming clearer as the industry gains experience and passes key milestones. It’s been two years since the state Cannabis Control Commission (CCC) issued its initial adult-use regulations in March 2018, and…

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What are cash-strapped operators to do now?

May 7th, 2020

Even before the coronavirus pandemic, capital markets in the cannabis industry had been drying up, due to a variety of issues related to oversupply, unsubstantiated valuations and the ever-changing regulatory environment. The pandemic has lit a fire under this downturn. Now, businesses are unable to promote offerings at trade shows…

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Legal: CBD and the FDA

May 4th, 2020

After the passage of the 2018 Farm Bill, the only thing that is clear is that the future of CBD is murky. Despite this confusion, the market continues to grow, and projections from BDS Analytics put the 2024 market value for CBD at over $20 billion, proving there is plenty…

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Staying safe: Legal issues of an ‘essential industry

April 24th, 2020

Many cannabis companies have been designated “essential” businesses amid the coronavirus pandemic by state and local governments across the United States. Those that choose to operate, however, are exposed to increased liability, particularly regarding employees who could transmit or contract the virus in the workplace. COVID-19-related lawsuits by employees have…

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Legal: Protecting Innovation and Genotypes

April 24th, 2020

There are a number of ways to protect cannabis inventions, innovations and strains with U.S. and international law. Utility patents, plant patents, the Plant Variety Protection Act and trademarks are all available tools for protection. Each of these options are available for hemp (below 0.3% THC) and some are even…

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Arbitration clause or not, make an informed decision

April 20th, 2020

As the cannabis industry matures, the volume of partnership break-ups, investor lawsuits, employee actions and contract disputes increases. Most written agreements now have terms for dispute resolution ranging from a simple choice of law agreement to a multi-level dispute resolution to a trial — and sometimes, everything in between. Although…

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Essential, yet excluded?

April 20th, 2020

The world-wide outbreak of COVID-19 has been unprecedented in many ways, including the manners in which governments have responded. In the United States, as in much of the world, virtually all but essential businesses have been ordered to close, causing the economy to come to a grinding halt. As a…

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Legal: Trademarks in CBD and Hemp

April 16th, 2020

Cannabis industry insiders commonly joke that a year working in cannabis is like a dog year in any other business, because things are constantly changing. Federal, state and local policymakers are always coming out with a new rule or requirement, and businesses always find new and innovative ways to improve…

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New Jersey court enforces medical marijuana coverage

April 15th, 2020

Add a recent appellate court opinion from New Jersey to the growing trend of workers compensation decisions holding that insurance companies and employers must reimburse the cost of medical marijuana. In Hager v. M&K Construction, the court rejected an employer’s argument that the Controlled Substances Act preempts and overrides the…

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