Category: Legal

In California, the land rush is on, but is there enough water?

December 7th, 2017

Although cultivation and use of cannabis for medicinal purposes has been legal in California for two decades, the legalization of recreational cannabis creates untold opportunity for expansion of the existing market. The prospect of cashing in on this burgeoning market seems to have sparked the interest of land speculators and…

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Understanding trademarks is key to avoid rebranding

November 30th, 2017

The announcement of a settlement between the Gorilla Glue Co. and GG Strains is creating a stir on the trademark side of cannabis law. Gorilla Glue Co. manufactures a wide array of adhesives including Gorilla Glue, Gorilla Tape and Gorilla Epoxy. GG Strains LLC is the company that created the…

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California’s Prop 65 bounty hunters target cannabis industry

October 29th, 2017

There are two types of businesses in California: those that have faced lawsuits brought by bounty-hunting private plaintiffs under the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65); and those that will. As cannabis businesses enter California’s commercial mainstream, they face the same fate. Prop 65…

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Pennsylvania’s medical program in jeopardy

October 28th, 2017

This story was originally published in the November 2017 issue of Marijuana Venture, on sale now.  The Pennsylvania Legislature’s painstaking efforts and the hopes of thousands of suffering patients came into jeopardy recently as multiple lawsuits and state agency decisions threatened to halt the commonwealth’s fledgling medical marijuana program. One attack…

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The potential power of seed patents

October 26th, 2017

This story was originally published in the November 2017 issue of Marijuana Venture, on sale now.  GQ Magazine published an article by Amanda Chicago Lewis in its September 2017 edition titled “The Great Pot Monopoly Mystery,” which focuses primarily on a company called BioTech Institute, LLC. I highly recommend it. The…

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Washington vs. Sessions

October 25th, 2017

When the lawyers behind the federal cannabis litigation, Washington v. Sessions, first filed suit, many commentators asked: “How long will this really take?” Unfortunately, there is no straight answer. Months? Years? Hopefully not, as the plaintiffs continue to suffer irreparable harm, resulting from the unconstitutional classification of cannabis as a…

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Using CHP for Reliable On-Site Generation

October 3rd, 2017

* The following article originally appeared in the September issue of Marijuana Venture, available online. The cannabis industry consumes enormous amounts of energy to power lighting, climate control, drying and curing operations. Industry-wide, annual energy costs reach into the billions of dollars. This much is clear, energy costs have a…

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Court ruling favors reasonable accommodations for medical marijuana

September 25th, 2017

The following story was originally published in the October 2017 issue of Marijuana Venture, on sale now at Barnes & Nobles, Hudson News, Chapters, Indigo and many other fine retailers near you.  In 2014, Cristina Barbuto told her new employer that she would flunk its mandatory pre-employment drug test, because she…

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Changes set in motion for Alaska’s cannabis industry

September 21st, 2017

The July 2017 Alaska Marijuana Control Board meeting held in Fairbanks was an extended three-day long meeting. Industry participants came from across the state to attend. Unfortunately, the state provided a small conference room for the meeting, which could comfortably seat about 40 people, which was far less room than…

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Unfair competition litigation

September 12th, 2017

Business people rightly view California with great ambition, whether they’re considering its booming GDP (sixth-largest in the world), its huge consumer market or as fertile ground for entrepreneurship. But what makes California uniquely lucrative for businesses also makes it uniquely discomforting for their lawyers: every success story here has some…

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