The Canna Law Blog is a forum for discussing the practical aspects of cannabis law and its impacts on the cannabis industry. We provide insight into how cannabis businesspeople can use the law to their advantage and in plain language we tell you what works and what does not. We aim to help you strategize how to wield the law as both a shield and a sword.
Federal cannabis trademark litigation is a difficult proposition. In a recent case filed by Wunderwerks, Inc., a company that sells beverages infused with CBD and THC additives, we see another unfortunate example of this. Federal courts, at least, are still no friend to the cannabis industry. Wunderwerks had sued Dual Beverage Company LLC (“DBC”) in
These days, marijuana is constantly on the move in states with marijuana legal reform. As a result, marijuana theft in transit is not unusual (see here and here for example). Typically, licensees have to transport marijuana themselves or a licensed distributor does it on their behalf. Some of these companies may carry their own insurance
The hopes for better and increased marijuana banking, which were tied up in the Secure and Fair Enforcement (SAFE) Banking Act (a serious and common sense federal marijuana banking bill), are currently dashed since the SAFE Banking Act has been left out of the Senate’s changes to the National Defense Authorization Act (“NDAA“). The impact?
Many insurance coverage issues in the cannabis space are relatively new. From fire protection at farms to theft protection in transit, policyholders and insurers alike are facing novel situations applied to old policy language. In the insurance world, when a new or complicated situation presents itself, many insurers will conditionally accept coverage under a “reservation
Last year, I wrote that business owners need to be aware of a growing trend of federal class action lawsuits claiming business websites and point-of-sale terminals violate Title III of the Americans with Disabilities Act (the “ADA”). At this point, having a website that makes sales and isn’t broadly accessible is an invitation to be
I recently received a random marketing email in which I was greeted with the word “high” in place of the word “hi”. My first reaction was a long, visceral cringe. My second was the thought, “hey, if I – just a lowly cannabis industry lawyer and not an actual cannabis industry stakeholder – am so
Now that the holiday season is upon us, hemp-derived cannabinoid (Hemp Cannabinoid) companies are getting busy selling and shipping their products to consumers throughout the country. In addition to limiting the sale and distribution of their products to jurisdictions where these products are expressly allowed and regulated, Hemp Cannabinoid companies should also familiarize themselves with
Yesterday, the Mexican Supreme Court ruled several provisions unconstitutional in the General Health Law and the Federal Criminal Code, because they prohibit cultivation of ≤1% THC cannabis for non-medical or research purposes. The Court ruled that unconstitutionality derives from the provisions violating the protected freedom to work and to trade. The ruling followed the Court’s
Socially responsible and “sustainable” investing is picking up in popularity across retail and institutional investors alike. According to Wikipedia, “[i]n less than 20 years, the ESG movement has grown from a corporate social responsibility initiative launched by the United Nations into a global phenomenon representing more than US$30 trillion in assets under management.” When it
Insurance issues in the cannabis space are multiplying daily as operations continue to expand across United States markets. Cannabis companies face the risk of operational losses as a result of fires, burglary, business interruptions, and myriad other events. Cannabis companies also pay hefty premiums on insurance policies to cover those very losses. Many companies discover,
