A few weeks ago, I wrote a Hemp/CBD litigation forecast in which I predicted that at some point a CBD company will make use of the Lanham Act by claiming that a competitor is engaging in false or misleading advertising. (See here). In that post I promised to go into the Lanham Act in further
In a recent tweet, the Canada Border Services Agency (CBSA) reminded us that transporting CBD oil into Canada remains illegal. While in most places south of the 49th parallel what CBSA has to say is of little consequence, it certainly matters here in Washington State, where you’re never too far away from the Canadian border.
Unless you’ve been living under a rock, you know that the U.S. is facing a vaping epidemic where consumers are potentially inhaling/ingesting very toxic chemicals in the form of vaporized nicotine liquid and THC oil. The Centers for Disease Control and Prevent (CDC), Food and Drug Administration (FDA), and state and local governments are still trying
On Friday, Oregon Governor Kate Brown issued Executive Order No. 19-09 (the “Order”), which directs the Oregon Liquor Control Commission (OLCC) and the Oregon Health Authority (OHA) to “take immediate action to address the vaping public health crisis.” In one sense, the Order is narrower than many people feared and expected: specifically, it bans only
The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp
The 2019 Oregon legislative session resulted in the adoption of several new laws concerning cannabis. You can read our definitive list here, our preview of the session here and a mid-session update here. One notable change was the passage of Senate Bill 218, which authorizes the Oregon Liquor Control Commission (OLCC) to refuse to issue initial
Recently, I traveled to Chicago to speak at a conference hosted by the American Bar Association (“ABA”) titled From Regs to Riches: Navigating the Rapidly Emerging Fields of Cannabis and Hemp Law. The Conference covered a broad range of cannabis topics including the tension between state and federal law on marijuana, navigating the licensing and start-up
Yes, cannabis is still federally illegal. But no, that doesn’t mean cannabis businesses should act as if federal law doesn’t exist. It does, and it probably applies to any cannabis business. Nevertheless, our cannabis attorneys often hear claims that federal law doesn’t apply. In fact, two questions that I’ve heard numerous times are: If the
The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp
A first(!): Charlotte’s Web Holdings, Inc. (“CWB Holdings”), operated by the famed Stanley brothers, has secured the first-ever patent for a hemp cultivar in the United States. CWB Holdings is now the proud owner of a plant patent for “a new and distinct hemp cultivar designated as ‘CW2A.’” Patent documents describe CW2A as a hardy
