Category: Legal

Essential, yet excluded?

April 20th, 2020

The world-wide outbreak of COVID-19 has been unprecedented in many ways, including the manners in which governments have responded. In the United States, as in much of the world, virtually all but essential businesses have been ordered to close, causing the economy to come to a grinding halt. As a…

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Legal: Trademarks in CBD and Hemp

April 16th, 2020

Cannabis industry insiders commonly joke that a year working in cannabis is like a dog year in any other business, because things are constantly changing. Federal, state and local policymakers are always coming out with a new rule or requirement, and businesses always find new and innovative ways to improve…

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New Jersey court enforces medical marijuana coverage

April 15th, 2020

Add a recent appellate court opinion from New Jersey to the growing trend of workers compensation decisions holding that insurance companies and employers must reimburse the cost of medical marijuana. In Hager v. M&K Construction, the court rejected an employer’s argument that the Controlled Substances Act preempts and overrides the…

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New employment laws may affect cannabis companies

April 13th, 2020

A number of new laws have recently gone into effect that could have a dramatic impact on businesses and their relationships with employees, including those in the cannabis industry, so having a clear understanding of these changes is essential to avoid and limit potential liability. Cannabis employers are strongly encouraged…

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Force majeure and cannabis: Must the show go on?

April 10th, 2020

The global threat of COVID-19 has wreaked havoc across all industries, particularly those that rely upon tourism and events as their main sources of revenue. In view of recommendations by the Center for Disease Control (CDC) and local and state governments to avoid large gatherings, the cannabis conference industry, which…

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Coronavirus at work: Yes, one meeting can make a difference

March 24th, 2020

As companies adopt response plans to protect against coronavirus, some employees may push back, wondering if skipping that next in-person meeting could really make a difference. Two recent stories illustrate that one meeting can matter. Consider the difficult story of one biotech firm. About 175 of its managers from around the…

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Maintaining secrecy in an era of compelled disclosure

March 23rd, 2020

As state regulators take measures to protect residents against vape-related illnesses, governmental authorities are increasingly calling upon cannabis operators to disclose the “secret sauce” in their products intended for vaporization. Such transparency will serve to inform consumers, while enabling authorities to track the ingredients and additives included in vape products…

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The importance of legal compliance in cannabis

March 17th, 2020

Compliance is more than defensive protection; it is affirmatively necessary to progress as a viable business. Internal controls to prevent and detect misconduct are attractive to investors and to merger and acquisition partners. Maneuvering companies without compliance “seatbelts” gets increasingly reckless as companies advance beyond the startup phase. If you…

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Regulating cannabis use by employees in the workplace

March 10th, 2020

The marijuana industry is quickly becoming big business. In 2019, analysts estimated that marijuana retail sales in the U.S. surpassed $13 billion. This explosive growth has resulted in a tremendous increase in the number of jobs within the marijuana industry. Studies project there will be at least 330,000 jobs in…

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Scrutinizing claims for truth in advertising

February 24th, 2020

An era of consumer lawsuits alleging false advertising and unfair competition against producers of cannabis-derived products has begun. As the Food and Drug Administration, Federal Trade Commission and consumers increase scrutiny on marketing claims, consumer class actions threaten to derail growing consumer confidence and the normalization of cannabis products. Among…

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