Category: Legal

WARNING: Warnings required!

November 25th, 2019

The “vape crisis” has consumed cannabis news. As of October 22, 2019, according to the Center for Disease Control, 1,604 illnesses across 49 states (all except Alaska) and 34 deaths in 24 states have been reported as resulting from the use of e-cigarettes or vape pens. Multiple states have enacted…

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Making social equity programs viable

November 22nd, 2019

In 2012, when voters in Colorado and Washington legalized recreational marijuana sales, lawmakers and regulators were concerned about how legalization would impact public health and safety and how to ensure adequate control over the tracking, production and sale of legal products. But there was little done to ensure the opportunities…

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Cannabis cosmetics: Navigating the choppy waters of marketing

November 18th, 2019

The snake-oil salesmen of the California Gold Rush were more likely to be stoned than sued or prosecuted for their questionable claims. CBD product purveyors looking to capitalize on the current Green Rush, however, must navigate an assortment of evolving federal regulations or risk receiving ominous warning letters from the…

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Why does the DEA refuse to broaden access to cannabis for medical research?

November 15th, 2019

For those of you who may have missed the classic rom-com “When Harry Met Sally,” there are several scenes in the movie when Carrie Fisher’s character laments, about the married man she has been dating for years, “I don’t think he’s ever going to leave her.” Her exasperated friend Sally,…

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The FDA must move to clarify the status of CBD

November 11th, 2019

The CBD industry has exploded with the U.S. Food and Drug Administration (FDA) making bold advances in regulating these products and a notice posted in late August by the DEA that “certain forms of cannabis no longer require DEA registration to grow or manufacture.”  However, California’s long-awaited legislation to legalize…

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In the cannabis industry, attorney competence is key

October 30th, 2019

Entrepreneurs, executives and investors strategize with lawyers with the goal of finding concrete answers and practical business solutions to complex problems. Those in the cannabis industry are no exception. As the global cannabis industry continues to mature, the need for attorneys will only increase. From defending individuals against criminal charges…

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First to file, first to amend or first to use hemp products?

October 28th, 2019

It has been four months since the U.S. Patent and Trademark Office (USPTO) clarified how it will handle trademarks for hemp and hemp-derived CBD products, however, the conundrum surrounding priority and dates of use has yet to come to a head. To recap, goods subject to the Food and Drug…

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The Green Kilometers: Exporting cannabis from Israel to the U.S.

October 23rd, 2019

On Christmas Day, 2018, the Knesset (the Israeli Parliament) passed Resolution 4490, allowing for the exportation of medical cannabis from Israel. Many are reporting that the flood gates are wide open, and that Israel will quickly be able to stuff its coffers. However, similar to how Colorado needed new regulations…

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‘False’ claims spark investor class action against Curaleaf

October 21st, 2019

Notwithstanding its relative infancy, the cannabis industry has attracted more than its fair share of charlatans and snake-oil salesmen seeking to defraud unsuspecting investors, prompting an untold number of securities fraud lawsuits. Now, operators who choose to market supposed health benefits of cannabis and derivative products may find themselves defending…

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The rising tides of consolidation and M&A

October 18th, 2019

2019 was expected to bring an influx of merger and acquisition activity to the cannabis industry, and thus far, it has not disappointed. Not only has the volume of mergers increased over years past, the scale of the deals has jumped up significantly. Mid-sized and larger companies are merging together…

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