Cannabis’ illegality at the federal level has created opportunities for the states to shape the legal landscape and create rules designed to capture the economic benefits of the cannabis industry for themselves while protecting their citizens against potential social harms. However, state residency Continue Reading
Regulatory Challenges to Cannabis Financing
Despite increased legalization at the state level of medical and adult-use recreational marijuana, illegality of non-hemp, cannabis at the federal level as a Schedule 1 controlled substance under the Controlled Substances Act (CSA) is an impediment for businesses in the cannabis industry (MRBs) to Continue Reading
Law360 | NY Debt Enforcement Alternatives for Cannabis Lenders
Lenders in many industries are often impeded in enforcement efforts by a borrower's bankruptcy filing, but not so in the cannabis space. As a consequence of the federal government's continued criminalization of cannabis, protection under the U.S. Bankruptcy Code is likely out of reach for Continue Reading
Bright Ideas | Puff Puff Passing Off: Chronic Trademark Issues in the Growing Industry of Legal Cannabis
As James Franco’s dealer character in stoner classic Pineapple Express eruditely demonstrates in the foregoing quote, branding has always been integral to the cannabis market. Until very recently, the cannabis consumer base had to rely solely on the goodwill attached to names of (often proprietary) Continue Reading
Into the Weeds on Sen. Schumer’s Cannabis Bill
The Bottom Line The Cannabis Administration and Opportunity Act was introduced in the Senate earlier this month by Senator Chuck Schumer (D-NY). The bill would remove federal prohibitions on the manufacture, sale and possession of marijuana, and would also dramatically alter the current Continue Reading
Marijuana Legalization Has Other States Green with Envy
The Bottom Line New York became the 15th state to legalize recreational marijuana this March, following the lead of New Jersey and three other states where voters approved legalizing recreational marijuana this past November. In a year where states are seeking tax revenue wherever they can get Continue Reading
Four More States Give the Green Light to Legalize Recreational Marijuana
The Bottom Line Recreational marijuana has been legalized in Arizona, Montana, New Jersey and South Dakota, as ballot initiatives legalizing marijuana have passed in all four states. This brings the tally up to 15 states plus Washington, D.C. that permit recreational marijuana, and 1/3 of Continue Reading
Navigating High Stakes Issues in a Budding Industry
7th Edition: Trends in Marketing Communications Law Last year was a watershed moment for the cannabis and hemp industries. And despite the widespread impacts of COVID-19 on the U.S. economy, if those developments are any indication, the years ahead will bring significant changes to the burgeoning Continue Reading
Advertising Week 360 | Navigating Through the Weeds of CBD and Cannabis Advertising
The cannabis industry is booming in the United States, and marketers are anxious to get in on the action. However, uncertainty over the conflicts between federal and state law and the complex regulatory landscape makes it challenging for advertisers, brands, publishers, agencies, and others in the Continue Reading
Patent and Trademark Office Clarifies Rules for Cannabis Trademarks
The Bottom Line Now that the USPTO has issued this guidance, its examiners can be expected to issue decisions on pending cannabis-related trademark applications. Companies with applications pre-dating December 20, 2018, or considering filing new applications, should keep the essential elements of Continue Reading