California Cannabis: Where Prop. 65 and Labeling Rules Meet

Our California cannabis attorneys have been getting inundated with packaging and labeling review since each California cannabis licensing agency adopted its final rules in January 2019, and even before that when the rules were under consideration. One thing that many California cannabis companies—and especially cannabis companies from other states who are stakeholders in California—often overlook … Read moreCalifornia Cannabis: Where Prop. 65 and Labeling Rules Meet

Cannabis Patent Litigation Update: Is Extraction and Preparation Prior Art?

Did UCANN really get USTPO coverage for prior art? About six months ago, we posted news of the first ever cannabis patent infringement case.  As a reminder, the case was initiated by United Cannabis Corporation (“UCANN”) in the United States District Court, District of Colorado against its in-state competitor, Pure Hemp Collective Inc. (“Pure Hemp”). … Read moreCannabis Patent Litigation Update: Is Extraction and Preparation Prior Art?

ICYMI: Governor Newsom Will Send National Guard to Fight Illegal California Cannabis Grows

We’ve been saying for the last year that as California’s legal marijuana program continues to roll out, the state’s enforcement against illegal operators will continue to ramp up. During his state of the state address on February 12, 2019, Governor Gavin Newsom announced that the National Guard will be utilized to eliminate unlicensed cannabis farms. … Read moreICYMI: Governor Newsom Will Send National Guard to Fight Illegal California Cannabis Grows

USDA and FDA Shed Light on Hemp and CBD

On February 27, 2019 both the Food and Drug Administration (“FDA”) and the United States Department of Agriculture (“USDA”) provided new insights and guidance related to their proposed regulatory processes for hemp under the 2018 Farm Bill. I will summarize these agency statements below, and give some context for what hemp and CBD businesses can … Read moreUSDA and FDA Shed Light on Hemp and CBD

Oregon Cannabis: 2019 Legislative Forecast and Report

The Oregon legislature has been grappling with cannabis for five consecutive years. Talking with those in Salem trenches, one senses some fatigue. At this point, over a month into the 2019 session, a preponderance of legislators appear vaguely inclined to “let it ride” and drop the big ideas when it comes to cannabis. This means … Read moreOregon Cannabis: 2019 Legislative Forecast and Report

The Marijuana Banking Bill is Back and Stronger Than Ever

Six years after it was initially introduced, the House Financial Services Committee released the latest draft legislation that would create a “safe harbor” for banks to serve the rapidly expanding cannabis industry on February 7, 2019. Entitled the “Secure and Fair Enforcement Banking Act of 2019” (or, the “SAFE Banking Act of 2019”), the bill … Read moreThe Marijuana Banking Bill is Back and Stronger Than Ever

California Cannabis Provisional Licensing Update

Last summer, I wrote about Senate Bill 1459, a piece of California legislation that created a new scheme of provisional licenses for cannabis operators. This provisional licensing scheme was essentially intended to replace the temporary licensing scheme that only ran through January 1, 2019 per state law. SB-1459 was necessary because the three main state cannabis … Read moreCalifornia Cannabis Provisional Licensing Update

Are CBD-Infused Alcohol Beverages Legal?

The recent wave of crackdowns on cannabidiol (“CBD”)-infused alcohol beverages has further exacerbated public confusion regarding the legal status of the cannabis plant’s non-psychoactive compound. This post provides an overview of the regulatory framework of alcoholic beverages, including pre-manufactured industrial hemp-infused drinks and “homemade” alcoholic drinks infused with CBD oil or extracts. Pre-Manufactured Alcohol Beverages … Read moreAre CBD-Infused Alcohol Beverages Legal?

And Best Democratic Experiment Goes to . . . (Legal?) Weed at the Oscars

Now featuring cannabis! MarketWatch ran an article last week on how this year’s Academy Award swag bags “are packed” with “legal” cannabis. I’m always happy to see an article like this because it means California legalization is working. And yet, these glam-o, cannabis friendly goodie bags are a good reminder to cannabis businesses (and the ancillary … Read moreAnd Best Democratic Experiment Goes to . . . (Legal?) Weed at the Oscars

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