canna law blog

Cannabis and International Trade: Don’t Ignore the U.S.-China Trade War

Marijuana and hemp companies should not ignore the US-China trade war. Numerous products and components in these industries might be subject to increased tariffs of 25 percent. If cannabis companies can’t find new suppliers, those are costs that they will have to bear, or will have to pass on to their consumers. The Office of

canna law blog

Take Your Hemp or CBD Company Public on the TSX

Banking, intellectual property, food and beverage (and cosmetics), international trade, domestic trade, state laws, ag production contracts, etc., etc. When it comes to industrial hemp, the 2018 Farm Bill upended all of these things. Our cannabis business lawyers have been busy advising a large number of new hemp and hemp-CBD businesses getting in on the

canna law blog

The TTB Clarifies Its Position on Adding CBD to Alcoholic Beverages

Last week, the U.S. Alcohol and Tobacco and Trade Bureau (“TTB”), which regulates the alcohol industry, released new information regarding the use of hemp-derived ingredients in the formulation of alcoholic beverages. The industry circular came as a response to numerous inquiries from the alcohol industry about whether alcoholic beverages containing cannabidiol (“CBD”) derived from hemp

canna law blog

Hemp Seed Ingredients: A Safe Path through the CBD Market?

As we previously explained, under the Food, Drug, and Cosmetic Act (“FDCA”), any substance that is intentionally added to food (including drinks) is a food additive. A food additive is subject to premarket review and approval by the Food and Drug Administration (“FDA”), unless the substance is generally recognized as safe (“GRAS”) by qualified experts

canna law blog

Cannabis Trademarks: Understanding the Opposition Process

We’ve referenced the Trademark Trial and Appeals Board (TTAB) in numerous posts related to protecting your cannabis trademarks, but many clients come to me unaware of the functions of the TTAB. This post will give a basic rundown of what the TTAB does, and what the trademark opposition process looks like. This process is something

canna law blog

When it Comes to Cannabis Advertising, Be Careful With Social Media Influencers

It’s becoming more and more common for companies in all industries to use social media “influencers” to promote their goods and services online. Influencer advertising in the cannabis industry is a particularly risky idea because paid advertisers need to comply with all cannabis marketing and advertising rules. It goes without saying that social media influencers

canna law blog

Cannabis Patent Litigation Update: The 911 Patent Passes the (Alice) Test!

As promised, here’s an update on the first ever cannabis patent infringement case, which we’ve previously written about here and here.  Since it’s been a little while – plaintiff United Cannabis Corporation (“UCANN”) owns the “911 Patent,” which generally covers liquid cannabinol formulations of a purified CBD and/or THC greater than 95%. Last July, UCANN

canna law blog

Avoid Hemp Litigation with a Real Agricultural Production Contract

As everyone knows by now the 2018 Farm Bill legalized hemp production by de-scheduling the crop under the Controlled Substance Act.  We’ve written extensively about federal hemp rules and regulations as well as those in California, Oregon and Washington. We’ve also addressed hemp in terms of  USDA Organic Certification, international trade issues, and the FDA stance on

canna law blog

Top Five Things to Know if You’re Building Your Cannabis Empire Through M&A

It’s no secret that multiple state-by-state operators are building their cannabis empires through aggressive mergers and acquisitions (“M&A”). Last year, our cannabis business attorneys closed more than $100 million in cannabis company acquisitions, and that shows no signs of stopping in 2019. Cannabis M&A is not your run-of-the-mill business dealing though, and working from boilerplate,

Oregon Cannabis Securities: Raising Money Right

The deals in Oregon cannabis are getting very big and much of what we do these days involves mergers, acquisitions and cross border work. It’s amazing this happened so fast. Less than four years ago, as the OLCC began writing rules for the adult use marijuana industry, there was a distinct small business tenor to