Cannabis

Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC, d/b/a Hemp Bombs (“Hemp Bombs”) (Ahumada v. Global Widget LLC, D. Mass. Case No. 1:19-cv-12005), challenging the labeling of numerous Hemp Bombs products, including gummies, lollipops, capsules, syrup, vape and pet products.
Continue Reading CBD Industry Beware: The False Labeling Class Action Has Arrived

U.S. House lawmakers on Wednesday approved overwhelmingly by a 321-103 vote the SAFE Banking Act. The SAFE Banking Act would pave the way for financial institutions and insurance companies to serve state-legal cannabis businesses and ancillary businesses without fear of federal reprisal. Ninety-one Republicans voted for the measure, in a showing of strong bipartisan support. This marks the first time a body of Congress has approved pro-cannabis legislation.
Continue Reading U.S. House of Representatives Passes SAFE Banking Act

On May 2, 2019, the United States Trademark Office issued new Examination Guidelines for goods and services associated with cannabis and cannabis-derived products and services legalized under the 2018 Farm Bill.[1] This crack in the federal armor against the cannabis economy opens the door for the federal registration of trademark rights and is an important step toward normalizing the nation’s laws governing cannabis and cannabis-related business activities in states where such products are legal.
Continue Reading The U.S. Trademark Office Opens The Door to Registering Certain Cannabis Trademarks

On April 9, 2019, New York’s City Council passed legislation, available here, which will prohibit employers from requiring prospective employees to submit to testing for tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. If, as expected, Mayor Bill de Blasio signs the law into effect, the New York City Human Rights Law will be amended to make it a discriminatory practice to require pre-employment marijuana testing of employees in New York City.
Continue Reading New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants

*This article originally appeared on Cannabis Business Executive on June 25, 2019

When it was announced in April 2019, Canopy Growth Corp.’s conditional deal to purchase Acreage Holdings Inc. raised eyebrows not only because of its price tag (potentially exceeding US$ 3 billion in total consideration), but also because of the transacting parties’ apparent willingness to test the boundary of U.S. anti-money laundering law (“AML”).  Canopy is a Canadian company; Acreage is American.  Both are involved in their respective countries’ domestic cannabis industries. 
Continue Reading Cross-border Cannabis: The Potential Impact of Anti-Money Laundering Laws on International Cannabis Deals

*This article was originally posted in Law360 on June 4, 2019.

The much-anticipated public hearing last week at the U.S. Food and Drug Administration on cannabis and cannabis-derived compounds drew a wide audience of participants, with strong views on how the FDA should (or should not) regulate the controversial plant.
Continue Reading What We Learned From FDA’s Public Hearing On Cannabis*

On May 1, 2019, AAFCO provided updated guidelines regarding the use of hemp in animal food, including how this market is affected by the Agricultural Improvement Act of 2018 (the “Farm Bill”). Although the AAFCO is not a government agency, its members are government agencies that represent the 50 states, the US Food and Drug Administration (FDA) Center for Veterinary Medicine, and the Canadian Food Inspection Agency. 
Continue Reading AAFCO Issues Updated Guidelines Regarding Hemp in Animal Food

Patentees and inventors of cannabis compounds may be happy to learn a district court in Colorado recently held that, based on the record before it, U.S. Patent No. 9,730,911, entitled “Cannabis extracts and methods of preparing and using same,” is not directed to unpatentable natural phenomena. United Cannabis Corporation v. Pure Hemp Collective Inc., No. 1-18-cv-01922 (Apr. 17, 2019, Order) (William J. Martinez).
Continue Reading Yes, UCANN!

While the legal landscape continues to evolve in the cannabis industry, making entry into the space a potentially risky proposition,  the passage of the Agriculture Improvement Act of 2018 (the “Farm Bill”) can be a real game changer in attracting mainstream companies to the industry.
Continue Reading The Farm Bill’s Impact on Hemp and CBD – and How Some States are Reacting

California has positioned itself as a leader on emerging cannabis policy. While federal law still prohibits cannabis-related activities within the State’s borders, several largely progressive laws in California permit the possession, cultivation, transportation, and distribution of cannabis. The effects of the burgeoning cannabis industry are far-reaching, and have already proven to significantly impact the real estate