Category: Legal

Smuggler’s Blues: The next step in compliance

July 10th, 2020

The DEA and local law enforcement are desperate to find new methods to aide in distinguishing marijuana from hemp. After all, the two crops are identical and are only distinguishable by scientific analysis. While a truckload of hemp is federally legal, a truckload of marijuana is a federal felony —…

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Unforeseen crises spark concerns about risk mitigation

July 7th, 2020

There has never been a better time for cannabis businesses to evaluate insurance and to seek a clear understanding of available coverage. At the start of the COVID-19 pandemic, cannabis businesses were deemed essential in virtually every state in which cannabis is legal, but many suffered tremendous losses in revenue,…

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Coronavirus and federal payroll tax credits

June 11th, 2020

The cannabis industry rarely looks to the federal government for support. Yet the raft of fiscal relief addressing COVID-19 has caused some in the industry to wonder what options, if any, might be available for them. Although cannabis companies are ineligible to participate in the Paycheck Protection Program (PPP) under…

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Staying safe: Legal issues of an ‘essential’ industry

June 9th, 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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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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