Category: Legal

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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Invest in legal infrastructure to protect market share

August 3rd, 2018

Some states have legalized medical marijuana and others allow recreational use, yet the federal government still classifies marijuana as a Schedule I drug, alongside heroin, LSD and ecstasy. Although the U.S. attorney general rescinded the Cole Memo, ending the Department of Justice’s approach of non-interference with marijuana-friendly state laws, the…

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Criminal justice reform in the U.S. makes slow progress

July 31st, 2018

Marijuana used to land you in jail; now it can land you on the Forbes list. However, while states across the country are decriminalizing cannabis and instituting their own medicinal and recreational programs, hundreds of thousands of nonviolent people — mostly black people — still currently sit behind bars or…

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California edibles rules: What’s in those brownies?

July 26th, 2018

With adult use of cannabis now legal in California, some food companies may be considering adding cannabis-infused edibles to their product lines. According to Forbes, edibles may account for more than half of the growth in the booming cannabis industry, as high-end food products infused with cannabis and cannabinoids are…

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Tips to fight fraud: ‘Trust is not control’

July 12th, 2018

The most common saying in the fraud fighting field is “trust is not a control.” This basically means that while you might want to trust somebody, don’t use it as an excuse to not have other methods, or controls, to prevent fraud. The first steps should be to limit opportunities…

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Ad rules set in Massachusetts, but federal law creates uncertainty

July 3rd, 2018

Barring any last-minute surprises, adults in Massachusetts will be able to purchase marijuana in licensed retail establishments beginning July 1. The state’s Cannabis Control Commission has been working overtime to finalize regulations, including rules for advertising cannabis products. After a series of public meetings and more than 500 public comments,…

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