USDA Expressly Legalizes the Importation of Hemp Seed

Here come the hemp seeds! Last Friday, the U.S. Department of Agriculture (“USDA”) released a statement, in which the agency clarified that the passage of the 2018 Farm Bill rendered the importation of hemp seeds legal. As we previously explained, the 2018 Farm Bill legalized hemp, hemp seeds, and other derivatives by removing them from … Read moreUSDA Expressly Legalizes the Importation of Hemp Seed

Cannabis Patents: The Potential Power of the PCT Application

Last week, Canadian corporation Yield Growth Corp. announced that its subsidiary, Urban Juve Provisions, filed a Patent Co-operation Treaty Application (PCT Application) entitled “Cannabis Root Extract, Method of Manufacture, Method of Use.” The PCT Application claims priority to eleven U.S. patents filed in the last year by the company and contains claims to a method … Read moreCannabis Patents: The Potential Power of the PCT Application

California Cannabis: Los Angeles Moves to Reform Phase 3 Cannabis Licensing

This past weekend was the hallowed 4/20 holiday for those who celebrate and participate. Prior to 4/20, the City of L.A. made some progressive moves towards bolstering consumer protection in the City concerting illegal cannabis (see this pretty great interactive map for your legal cannabis providers in City borders) and rounding out (legally speaking) the … Read moreCalifornia Cannabis: Los Angeles Moves to Reform Phase 3 Cannabis Licensing

The Battle for California Cannabis Access is a Roadmap for States Considering Legalization

Over the last few years, California has gained a reputation of being a state where cannabis is completely legal and out in the open. In reality, cannabis isn’t nearly as “free” as people think it is in the Golden State, with many cities outright banning commercial cannabis activities. Right now, there is an ongoing battle … Read moreThe Battle for California Cannabis Access is a Roadmap for States Considering Legalization

Cannabots: Are the Robots Coming For Your Weed?

Everyone seems to agree that few of us are safe from the impending roboacolypse. Not the farmers, not the restaurant workers, not even the fashion models or (gasp!) the lawyers. What about those employed in the cannabis industry? Not according to a recent article on Seedo, “an Israeli and Maryland based startup that claims to … Read moreCannabots: Are the Robots Coming For Your Weed?

Mexican Cannabis: The New Legal Landscape

We are committed to keeping our knowledge of international cannabis news current, and as legalized cannabis has become an international reality, our lawyers in Spain and in China are naturally seeing more of this work. Zozayacorrea Sahagún Arizaga, a leading law firm based in Guadalajara, Mexico, gave Harris Bricken the express permission to provide our … Read moreMexican Cannabis: The New Legal Landscape

Washington Lawmakers Poised to Redefine the WSLCB’s Role in Washington Marijuana

  Senate Bill 5318 is making its way through the Washington legislature and seems destined for Governor Jay Inslee’s desk. As of April 16, the bill had cleared both the Washington House and Senate. If signed into law, which seems increasingly likely, SB 5318 would drastically change the way the Washington State Liquor and Cannabis … Read moreWashington Lawmakers Poised to Redefine the WSLCB’s Role in Washington Marijuana

Oregon Cannabis and Liquor: Why is OLCC Harder on Marijuana Licensees?

Why is the OLCC throwing the book at me? This is a question we hear a lot these days from our Oregon cannabis clients in reference to the OLCC’s recent more aggressive approach to enforcement. As we’ve explained, the OLCC has tightened the reins on marijuana applications and rule violations. This has made the prospects … Read moreOregon Cannabis and Liquor: Why is OLCC Harder on Marijuana Licensees?

Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial … Read moreIndustrial Hemp and USDA Organic Certification

Cannabis Agency Litigation: Free Webinar Next Tuesday, April 23rd

Our California, Oregon and Washington cannabis lawyers often receive calls from panicked license holders facing violations from cannabis agencies. These violations have included monetary penalties, notices of non-renewal or straight up cancellation. If you’re a cannabis licensee, you know that the license is your most valuable asset. Without it, your business would no longer be … Read moreCannabis Agency Litigation: Free Webinar Next Tuesday, April 23rd

Did the 2018 Farm Bill Open the Door to Importing Hemp?

We get a ton of questions about whether it’s legal to import hemp into the U.S. It’s a complicated question without a clear answer. We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g., the mature … Read moreDid the 2018 Farm Bill Open the Door to Importing Hemp?

Another Round of Rally Cries for the SAFE Banking Act

The SAFE Banking Act just got a new, prominent supporter – on April 9, 2019, Treasury Secretary Steven Mnuchin pledged to take a look at the legislation that would allow financial institutions to service cannabis businesses. While the Treasury Secretary admitted he’s not familiar with the Act, he acknowledged that the current conflict between federal … Read moreAnother Round of Rally Cries for the SAFE Banking Act

FDA Issues Warning Letters to CBD Manufacturers Making “Over-The-Line” Health Claims

Last week, the departing Food and Drug Administration (“FDA”) Commissioner, Scott Gottlieb, released a statement in which he announced that the agency, in collaboration with the Federal Trade Commission (“FTC”), had issued warning letters to three CBD manufacturers: Advanced Spine and Pain LLC (d/b/a Relievus), Nutra Pure LLC and PotNetwork Holdings Inc.. The letters were sent “in response to … Read moreFDA Issues Warning Letters to CBD Manufacturers Making “Over-The-Line” Health Claims

Oregon Wine and Cannabis Litigation: Why Can’t RICO Be Friends?

The Oregon wine and cannabis industries can’t seem to get along. Where some see a natural synergy, others see undesirable competition. And as a RICO case filed in the Oregon federal court last week makes clear, Momtazi Family, LLC v. Yamhill Naturals, LLC, et al., No. 3-19-cv-00476-BR, some see only a criminal enterprise. At first … Read moreOregon Wine and Cannabis Litigation: Why Can’t RICO Be Friends?

Prop. 65 Potentially Expanding to Cover More California Cannabis Products

Prop 65 just goes and goes… We’ve written time and again about the looming terror of Prop. 65 violations for cannabis businesses when it comes to packaging and labeling their products with the correct safe harbor language. The Safe Drinking Water and Toxic Enforcement Act of 1986 (a/k/a Prop. 65), requires the Office of Environmental … Read moreProp. 65 Potentially Expanding to Cover More California Cannabis Products

Breaking News: L.A. Identifies Phase 3 Retail License Undue Concentration Numbers

On April 10, 2019, the Los Angeles Department of Cannabis Regulation (or “DCR”), the local department that oversees cannabis operators, sent an email blast regarding its newly re-designed website. One of the many new features is an interactive city licensing map, which breaks down each individual neighborhood in the City of Angels for retail operations. … Read moreBreaking News: L.A. Identifies Phase 3 Retail License Undue Concentration Numbers

Topical CBD: The FDA Stance on Hemp Derived CBD In Cosmetics

In the last few weeks, two major drugstores publicly announced that they will start carrying products containing hemp-derived cannabidiol (“Hemp-CBD”). Both CVS and Walgreens announced that CBD topicals would be available in their stores, in a select number of states. Notably, both drug store chains limited products to non-ingestible topicals. Dr. Scott Gottleib, the outgoing head … Read moreTopical CBD: The FDA Stance on Hemp Derived CBD In Cosmetics

Dear Cannabis Business Owners: Clear Your Marks Before Investing in Branding

It has become an unfortunate trend for clients to come to me seeking trademark and brand protection advice after spending large sums of money on brand design, often having engaged with third-party designers, only for us to find out that their mark may infringe on the rights of a third-party. I really cannot stress this … Read moreDear Cannabis Business Owners: Clear Your Marks Before Investing in Branding

Oregon Hemp: Another Round of ODA Rules

Hemp production is incredibly hot right now in Oregon. Since 2015 the number of licensed hemp growers has climbed from 13 to 584 (with much of that in the past two years) and hemp acreage has rapidly expanded to 11,000 acres. In 2019, we expect to see this dramatic escalation continue for several reasons, including: 1) recent … Read moreOregon Hemp: Another Round of ODA Rules

Selling Hemp Products to Europe? Welcome to the GDPR Nightmare.

Ever since the passage of the 2018 Farm Bill, our hemp lawyers have been getting a barrage of questions about the lawful status of hemp and hemp-derived cannabidiol (“Hemp CBD”) in the United States. The hemp laws appear to be changing in favor of a pro-hemp marketplace, but at a much slower pace than the … Read moreSelling Hemp Products to Europe? Welcome to the GDPR Nightmare.