U.S. Supreme Court Extends Constitutional Prohibition Against Excessive Fines to States

The United States Supreme Court issued a unanimous ruling on Wednesday in the case of Timbs v. Indiana, incorporating the Eighth Amendment’s Excessive Fines Clause against the states through the Due Process Clause of the Fourteenth Amendment. As we have written about, the case involves the forfeiture of petitioner’s Land Rover as punishment for selling heroin. The … Read moreU.S. Supreme Court Extends Constitutional Prohibition Against Excessive Fines to States

Idaho State Police Are Not Required to Return Seized Hemp (Yet)

Earlier this week, I wrote about how hemp businesses should not yet rely on the 2018 Farm Bill to protect them from their products being seized. This is because although Section 10114 of the 2018 Farm Bill prohibits states from interfering with the interstate transport of hemp and hemp products, that protection is limited to … Read moreIdaho State Police Are Not Required to Return Seized Hemp (Yet)

Is Six Years of Oregon Cannabis Supply Enough Already? OLCC Weighs In.

Oregon is truly churning out the cannabis. Last week, I covered the Oregon Secretary of State’s audit report of Oregon marijuana regulation. On January 31, the same day the audit was released, the Oregon Liquor Control Commission (OLCC) submitted its 2019 Recreational Marijuana Supply and Demand Legislative Report (“Report”). The Report’s key finding is nothing new: … Read moreIs Six Years of Oregon Cannabis Supply Enough Already? OLCC Weighs In.

Free Lunch-Time Webinar TOMORROW: West Coast Hemp-CBD After the Farm Bill

Congress passed the Agricultural Improvement Act of 2018 (better known as the “Farm Bill”) in December 2018 which removed hemp from the federal Controlled Substances Act. This further resulted in hemp-based cannabidiol or “hemp-CBD” legalization. Despite their federally legal status, hemp-CBD products are now more in question than ever, different state and federal agencies have … Read moreFree Lunch-Time Webinar TOMORROW: West Coast Hemp-CBD After the Farm Bill

Transporting Hemp Across State Lines is Still Risky

Back in September 2018, I wrote about how important it was for hemp businesses to carefully plan the routes they would use to ship hemp and hemp products, including hemp-derived CBD. This is because some states are hostile towards hemp and do not recognize a difference between hemp and marijuana. My article was written prior … Read moreTransporting Hemp Across State Lines is Still Risky

Battle Royale? Phase 3 Cannabis Licensing in City of Los Angeles

The City of Los Angeles has long endured questions surrounding its elusive Phase 3 licensing process for cannabis businesses. The City completed Phase 1 and 2 licensing without too much crazy change, but Phase 3 is very likely going to be a different story, and will affect a lot of stakeholders for better or worse. … Read moreBattle Royale? Phase 3 Cannabis Licensing in City of Los Angeles

The Feds Aren’t Done With Cannabis

As more and more states legalize cannabis in some form or another, and as more and more Senators and Representatives introduce legislation that would relax the federal pot laws, it’s important not to lose sight of reality: cannabis is still a Schedule I drug and is unlawful under federal law. That said, in the years … Read moreThe Feds Aren’t Done With Cannabis

UPS Sues Multiple Cannabis Delivery Companies for Trademark Infringement

As ardent followers of this blog are well aware, one of my favorite pastimes is keeping tabs on who is suing whom in the cannabis industry for trademark infringement. These lawsuits serve as great examples for my clients of what NOT to do when choosing a brand for their company. The last couple of years … Read moreUPS Sues Multiple Cannabis Delivery Companies for Trademark Infringement

Oregon Marijuana Audit: Everything is All Messed Up and Also Just Fine

Time to kick back and consider Oregon cannabis. On January 31, the Oregon Secretary of State released an audit of Oregon marijuana regulation. The audit is a hefty 37 pages, but its core findings are listed right there on the cover sheet: “Oregon’s framework for regulating marijuana should be strengthened to better mitigate diversion risk … Read moreOregon Marijuana Audit: Everything is All Messed Up and Also Just Fine

Exporting CBD Food Just Got Harder: The European Union Makes a Move

We’ve been writing a lot on this blog about the regulation and sale of cannabidiol (“CBD”) products at the state and federal levels. The United States is not the only international actor, however, that is concerned with regulating the sale of CBD products, including CBD-infused foods. The European Food Safety Authority (“EFSA”), the European equivalent of … Read moreExporting CBD Food Just Got Harder: The European Union Makes a Move

Beyond the Crackdown: New York Classifies Hemp-CBD as a Dietary Supplement (Part Two)

Home of “dietary supplement” CBD. This post is part two of two on how New York is regulating CBD.  On Monday, I wrote about the New York City Department of Health’s (“DOH”) recent crackdown on Hemp-CBD in food and how it was consistent with the New York State Department of Agriculture’s (“Department”) FAQs on hemp-derived … Read moreBeyond the Crackdown: New York Classifies Hemp-CBD as a Dietary Supplement (Part Two)

ICYMI: U.S. Attorney General Nominee (Likely) Won’t Harsh Your Mellow

Hopefully, anyway… Back on January 4, 2018, the industry was in a slight tailspin due to then acting Attorney General Jeff Session’s (renowned marijuana hater) rescinding of all marijuana enforcement guidance from the Department of Justice (“DOJ”). Reactions in the media ranged from treating the Sessions announcement as nothing more than an attempt to frighten the … Read moreICYMI: U.S. Attorney General Nominee (Likely) Won’t Harsh Your Mellow

Beyond the Crackdown: New York Classifies Hemp-CBD as a Dietary Supplement (Part One)

Home of “dietary supplement” CBD. This post is part one of two on how the State of New York is regulating CBD.  Last week, New York City’s Department of Health (“DOH”) quarantined a number of edible products that contained hemp-derived CBD (“Hemp-CBD”) and announced that Hemp-CBD would not be allowed in food products in the … Read moreBeyond the Crackdown: New York Classifies Hemp-CBD as a Dietary Supplement (Part One)

The World Health Organization Steps Up on Cannabis

On February 1, it was reported that the World Health Organization (WHO) made some significant and long overdue recommendations with respect to cannabis. Those recommendations have not been formally released, but we expect that to happen soon. If adopted wholesale by the United Nations (UN), the recommendations will have a significant impact globally as to … Read moreThe World Health Organization Steps Up on Cannabis

California Cannabis Trademarks Could Get a Legislative Boost

  State trademarks for cannabis goods and services have been an ongoing saga in California that we have written about extensively. For a little background, until January 1, 2018, obtaining state trademark protection in California was not possible due to Sections 14270-14272 of the Model State Trademark Law of the California Business and Professions Code, … Read moreCalifornia Cannabis Trademarks Could Get a Legislative Boost

State Crackdowns Against CBD Products Have Begun

Earlier this year, the Food and Drug Administration (“FDA”) began seizing various cannabidiol (“CBD”) products from store shelves. These enforcement actions reflected the implementation of the agency’s position that CBD, regardless of the source from which it is derived, cannot be lawfully sold for human consumption. A few states, including states that have adopted industrial … Read moreState Crackdowns Against CBD Products Have Begun

Washington Cannabis: The Proposed Hemp Overhaul is Here

In light of the recent federal legalization of industrial hemp, Washington lawmakers are taking a hard look at the state’s hemp program. Senators Bob Hasegawa (D) of Beacon Hill, Steve Conway (D) of Tacoma, and Karen Keiser (D) of Kent recently introducing Senate Bill 5719. The stated purpose of SB 5719 is as follows: Authorize the … Read moreWashington Cannabis: The Proposed Hemp Overhaul is Here

The Future of Cannabis in Washington and Oregon

In late January, Portland hosted the Cannabis Collaborative Conference (“CCC” or “Conference”), an annual forum created by cannabis industry leaders, aimed at addressing the most pressing issues facing this emerging market. This year’s conference focused on the future of the cannabis industry. Rick Garza, Director of the Washington State Liquor and Cannabis Board (“WLCB”), was one … Read moreThe Future of Cannabis in Washington and Oregon

The California Bureau of Cannabis Control’s Final Regulations Immigration Impact on Foreign “Owners”

On January 16, 2019, each of the three California cannabis agencies dropped a final set of regulations. In many senses, the Bureau of Cannabis Control’s (“BCC”) regulations were the most comprehensive and expansive (we summarized some of the highlights here, and summarized the highlights of the California Department of Public Health’s final regulations here). In … Read moreThe California Bureau of Cannabis Control’s Final Regulations Immigration Impact on Foreign “Owners”

Cannabis and International Trade: Never the Twain Shall Meet?

Recently, we’ve been getting tons of questions from clients regarding the international import and export of cannabis around the globe. 2018 was a historic year for the cannabis industry not just in the United States, but also internationally. Canada legalized recreational marijuana for the entire country. Many countries (e.g., Thailand, New Zealand, Mexico, Lithuania, U.K.) took … Read moreCannabis and International Trade: Never the Twain Shall Meet?