Senators Wyden and McConnell Press for Hemp Industry Banking Services

Unfortunately still the position for most banks and hemp. Shortly after the 2018 Farm Bill passed, legalizing industrial hemp, we predicted that banking services for hemp businesses would be slow going. That has proven to be the case. For this reason, a bipartisan pair of U.S. Senators, Sen. Ron Wyden (D-OR) and Senate Majority Leader … Read moreSenators Wyden and McConnell Press for Hemp Industry Banking Services

BREAKING NEWS: 24 Cities Sue California Over Statewide Cannabis Delivery Rule

As expected (and as we’ve written about here), California cities have joined forces to fight the State’s regulation allowing delivery of cannabis in every jurisdiction. Here is a copy of the complaint. The lawsuit was filed in Fresno County Superior Court against the California Bureau of Cannabis Control and its chief, Lori Ajax. The local … Read moreBREAKING NEWS: 24 Cities Sue California Over Statewide Cannabis Delivery Rule

Canadian Advertising and Promotion Regulations Really Are As Strict As We Thought

I was fortunate to spend a couple of days last week in Vancouver, B.C. attending an American Bar Association Business Law Section meeting, where I joined a panel to discuss the myriad intellectual property (“IP”) issues business lawyers advising cannabis clients should be thinking about. The panel was comprised of both Canadian and U.S. attorneys, … Read moreCanadian Advertising and Promotion Regulations Really Are As Strict As We Thought

The More You Know: California Cannabis Provisional Licensing Update

California cannabis licensing has been quite a ride. If you’re in the cannabis licensing game in California, you know that it’s taking months and months to secure annual licensing from all three agencies overseeing the implementation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act. To date, temporary licensing has propped up the industry. However, … Read moreThe More You Know: California Cannabis Provisional Licensing Update

FDA Enforcement Priorities for CBD Products: We Can Roll With That

Last week, we explored whether the addition of hemp-derived cannabidiol (CBD) to food and beverages is actually unlawful, notwithstanding FDA policy. In that article we explained that we hadn’t seen much in the way of FDA enforcement, and that we “believe that FDA will likely continue to act where people make health claims that violate the … Read moreFDA Enforcement Priorities for CBD Products: We Can Roll With That

BREAKING NEWS: FDA Issues More Guidance on CBD Products

On April 2, 2019, the federal Food & Drug Administration (“FDA”) Commissioner Scott Gottlieb issued a press release on hemp and hemp-derived cannabidiol (“Hemp CBD”). This is Gottlieb’s first major official press release since the now infamous December 20, 2018 press release which came just hours after the 2018 Farm Bill passed. In that December 20 press … Read moreBREAKING NEWS: FDA Issues More Guidance on CBD Products

Cannabis Litigation: Another Federal Court RICO Case Dismissal

Last week the federal district court in Oregon dismissed with prejudice the plaintiffs’ amended complaint in Ainsworth v. Owenby, Case 6:17-cv-1935. As you may recall, this is one of several cases tracked by this blog in which a group of residential property owners displeased with alleged deleterious effects of a marijuana production or processing facility … Read moreCannabis Litigation: Another Federal Court RICO Case Dismissal

The Marijuana Banking Act Is Going Down (To the Floor)

After its introduction on Tuesday, March 26, 2019, the House Financial Services Committee has voted 45-15 to advance the SAFE Banking Act of 2019 to the House floor on a to-be-determined date. Currently, the Safe Banking Act has 152 cosponsors, including 12 Republicans, which is more than one-third of the entire House of Representatives. House … Read moreThe Marijuana Banking Act Is Going Down (To the Floor)

California Cannabis Deliveries May Soon Change, Again

For a few moments there, it seemed like the California cannabis delivery companies could deliver anywhere in the state—even to cities that said no. It now looks like that may not be allowed. In January 2019, the California Bureau of Cannabis Control (“BCC”)—which regulates cannabis delivery companies—issued Rule 5416(d), which says that “A delivery employee … Read moreCalifornia Cannabis Deliveries May Soon Change, Again

FDA Suggests Congress Holds the Key to Legalizing CBD-Infused Foods

During a recent interview with the Brookings Institution, Scott Gottlieb, the departing head of the Food and Drug Administration (“FDA”), explained it would take several years for the agency to come up with rules that would legalize the use of hemp-derived cannabidiol (Hemp-CBD) in food products, unless Congress steps in. Gottlieb acknowledged the strong interest … Read moreFDA Suggests Congress Holds the Key to Legalizing CBD-Infused Foods

Oregon Cannabis Litigation: OLCC Looking for Willing Partners

Last Thursday, in one of the few (to our knowledge) contested cases heard by the OLCC concerning cannabis, the OLCC accepted unanimously the findings of a state Administrative Law Judge (ALJ) and denied an application for a recreational marijuana producer license. You can read the press release here. The decision merits comment as a case … Read moreOregon Cannabis Litigation: OLCC Looking for Willing Partners

Cannabis Agency Litigation: Free Webinar April 23

Those who have been running businesses in the cannabis industry for years, as well as those that are working hard to become licensed, know it is not a simple task to stay in compliance with state and local regulations. The complexity of such regulations can cause businesses to inadvertently make mistakes, which can lead to … Read moreCannabis Agency Litigation: Free Webinar April 23

Going Postal: USPS Provides Guidance on Mailing Hemp-CBD

Recently the United States Post Office (“USPS”) issued an advisory on “Acceptance Criteria for Cannabidiol (CBD) Oil and Products Containing CBD.” Those criteria are as follows: 1. A signed self certification statement, subject to the False Statements Act (18 U.S.C. § 1001). Statements must be printed on the mailer’s own letterhead, must be signed by … Read moreGoing Postal: USPS Provides Guidance on Mailing Hemp-CBD

The Battle Over the HARVEST Trademark for Cannabis Retail

I’ve written extensively about trademark litigation matters involving cannabis brands, but up until now, the trend in these lawsuits has been well-known non-cannabis companies suing cannabis companies. To read more about these cases, see the following posts: UPS Sues Multiple Cannabis Delivery Companies for Trademark Infringement What NOT to do with your Cannabis Brand: The … Read moreThe Battle Over the HARVEST Trademark for Cannabis Retail

Are CBD Food and Drinks Really Not Legal? Really?

We advise some of the largest companies in the U.S. on hemp-derived cannabidiol (hemp-CBD) products. Those companies are filled with lawyers, and the lawyers have many specializations. Most of them, however, have little or no familiarity with hemp-CBD, and that is why they reach out and hire us. In the preliminary emails and phone calls, … Read moreAre CBD Food and Drinks Really Not Legal? Really?

California Just Got Closer to Allowing CBD in Foods and Licensed Cannabis Facilities

Hemp CBD cookies, anyone? Our California hemp lawyers have been getting pummeled with questions about the legality of industrial hemp derived cannabidiol (“Hemp CBD”) ever since the 2018 Farm Bill was signed in January (and especially since our recent hemp and Hemp CBD webinar). One of the most frequent questions we receive is whether CBD … Read moreCalifornia Just Got Closer to Allowing CBD in Foods and Licensed Cannabis Facilities

Far Beyond the Spanish Cannabis Scene: Spannabis 2019

It’s amazing to experience such an impressive international gathering like Spannabis taking place in a country where, regardless of the massive cannabis culture and high social tolerance, legislation on the matter is way behind, and keeps criminalizing and punishing anything that goes beyond private consumption and self-growing. Culture, industry, business, mainstream and specialists, celebrities, growers, … Read moreFar Beyond the Spanish Cannabis Scene: Spannabis 2019

Hemp Stakeholders Share Their Thoughts with the USDA

Last week, the U.S. Department of Agriculture (“USDA”) held a public meeting during which hemp stakeholders shared their opinion on the promulgation of rules to regulate the crop. Pursuant to the 2018 Farm Bill, which legalized hemp by descheduling the crop under the Controlled Substance Act, the USDA is tasked with overseeing and regulating the … Read moreHemp Stakeholders Share Their Thoughts with the USDA

Oregon Cannabis Litigation: What’s Discovery Got to Do With It?

, we wrote about the increasing frequency of litigating cannabis business disputes in the courts, noting several possible causes for this change from the early days when private arbitration was the preferred forum. Meanwhile, the Oregon Liquor Control Commission (OLCC) is beginning to treat violators of the rules governing recreational marijuana much more seriously. One … Read moreOregon Cannabis Litigation: What’s Discovery Got to Do With It?

Cannabis Companies, Public Markets and Supervoting Shares

Recently, the concept of “supervoting shares” in U.S. public companies has surfaced again in the news. Supervoting shares are created where founders wish to dilute themselves in an economic sense (in exchange for transformative capital), but retain outsized control in management and governance. This is different than your typical “class A and B shares” setup, … Read moreCannabis Companies, Public Markets and Supervoting Shares