Category: Legal

Does the OLCC have unlimited rights to inspect premises?

November 29th, 2018

As Oregon’s adult-use cannabis industry matures and licensed cannabis businesses become more established, the Oregon Liquor Control Commission (OLCC) has shifted to vigorous enforcement of cannabis businesses. However, in this age of enforcement, it is important for state-licensed businesses to consider the limits of the agency’s enforcement powers. Chief among…

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Federal trademark protection for cannabis brands

November 29th, 2018

There’s a common misconception in the cannabis industry that it is not possible to obtain federal trademark protection for brands. In fact, it is possible, and we are not referencing federal registration for hats and T-shirts which is pretty meaningless unless you are in the clothing business. So how do…

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Banking considerations and the law of unintended consequences

November 26th, 2018

With the current push for the legalization of recreational cannabis across several states, the cannabis industry is being forced to face difficult choices with respect to banking options. Of course, marijuana remains illegal under federal law and is classified as a Schedule I drug under the Controlled Substances Act. This…

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Legal Cannabis Should Benefit Our Environment

October 26th, 2018

Not a day goes by without the news buzzing about the fortunes to be made in the newly legitimized cannabis industry. Canadian giants have been entering into multibillion-dollar mergers, with the same thing beginning to happen in California. While few would argue that more industry, more jobs and more money are bad…

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Michigan’s adult-use initiative: What you need to know

October 23rd, 2018

Will Michigan voters legalize adult recreational use of cannabis when residents head to the polling booth on Nov. 6, 2018? A February poll conducted by EPIC-MRA showed 61% of likely voters approve of adult-use legalization, with 35% opposed and 4% undecided. The Michigan Regulation and Taxation of Marihuana Act, an…

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Text-message marketing could prompt class action lawsuits

October 9th, 2018

As the trend in legalizing both recreational and medicinal marijuana continues to sweep the nation, enterprising plaintiffs’ attorneys are looking for new ways to make money off the budding industry. One way attorneys are looking to profit is by filing (or threatening to file) class action lawsuits under the federal…

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Cannabis plant patents: Protect your strains!

October 1st, 2018

Whenever I speak at a cannabis industry conference, I spend some time discussing the importance of investing in intellectual property portfolios and preparing for the cannabis patent wars to come. As the cannabis industry becomes larger, patent rights for innovations will become increasingly valuable. Cannabis patents are being issued right…

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Best practices for crafting a proper code of conduct

September 25th, 2018

TreatWell Health, a prominent Bay Area cannabis business lauded by medical patients (and pet owners) for its high-CBD products, made national headlines in June when a video of its CEO, Alison Ettel, went viral. The video captured Ettel — a white woman — allegedly calling the police on an 8-year-old…

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Leveraging the Law

September 19th, 2018

With annual revenues projected to break $50 billion in the coming years, the cannabis market has transitioned from a hobby to big business. We hope and expect that the federal prohibition against cannabis will end before too long, and in the months and years that follow, cannabis companies will duke…

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California edibles rules: Packaging and labeling

August 23rd, 2018

Previously, we discussed the kinds of products that are prohibited under the California’s emergency regulations and requirements regarding THC content and serving sizes. But the California Department of Public Health’s emergency regulations regarding cannabis-infused edibles also contains strict packaging and labeling requirements. Here are the key things to know about…

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