On December 22, the Food and Drug Administration (the “FDA”) issued new warning letters to five companies that illegally sold and marketed unapproved CBD products, which the companies claimed could prevent, diagnose, mitigate, treat or cure various medical conditions. This latest round of enforcement actions was triggered by specific concerns with the manner in which
On December 3, 2020, MAPS (the Multidisciplinary Association for Psychedelic Studies) issued a press release regarding a lawsuit filed against the DEA and the Attorney General to “compel issuance of licenses to manufacture marijuana for clinical trials and potential FDA approval.” We have written about MAPS and its 35 years of advocacy and engagement with
On November 17, 2020, the Fresno County Superior Court dismissed a lawsuit filed by 24 California cities seeking to invalidate state cannabis regulations that allow delivery of cannabis to customers in jurisdictions that have banned retail commercial cannabis activity. Many industry players and media are touting the dismissal as a “win” for California cannabis companies.
This summer, I wrote about a Title III lawsuit that was filed against cannabis company NC3 Systems dba Caliva. As a quick refresher, Title III of the Americans with Disabilities Act (“ADA”) requires all businesses to remove any obstacle that interferes with a disabled person’s ability to access their products or services online. The plaintiff
RICO claims in the cannabis industry have certainly evolved over the years, but the general trend of the Courts dismissing those claims or cases altogether has held fast. In Shulman, et al. v. Kaplan, et al., a case filed in the Central District of California, the plaintiffs – who are involved in the production, marketing, and
Confessed or stipulated judgments are fairly common in the pre-litigation and litigation contexts, and disputes in the cannabis industry are no different. They are slightly different concepts so here’s an overview of both, why they might be the best-case scenario for you, and how to make sure they’re effective (provided a court is willing to
As legal marijuana markets have matured in Washington, Oregon, California and elsewhere, so too have the kinds of legal disputes involving marijuana businesses. Increasingly common are legal disputes between owners of a marijuana business that involve allegations of financial malfeasance, breach of fiduciary duty, freeze-outs, fraud, and other claims common to business litigation outside of
The Canna Law Blog has been writing about the Drug Enforcement Agency’s (DEA) interim final rule (IFR) on hemp since its August publication in the Federal Register: Watch Out! The DEA Just Passed a BAD Interim Rule Impacting Hemp CBD and Other Cannabinoids The DEA Does Not Want You To Worry About Its New Hemp
It seems like a new trademark infringement case pops up every week in the cannabis space, and I often find myself using the supposedly infringing cannabis companies as examples of what NOT to do when choosing or managing a brand. But this time, it appears that the cannabis company in question, Green Thumb Industries Inc.,
When President Trump announced he was nominating Judge Amy Coney Barrett to succeed Justice Ruth Bader Ginsburg on the Supreme Court last week, the future of many key issues was called into question. We won’t mention or write about them here because this blog is dedicated to all things cannabis, but there is one issue
