Last Thursday, in one of the few (to our knowledge) contested cases heard by the OLCC concerning cannabis, the OLCC accepted unanimously the findings of a state Administrative Law Judge (ALJ) and denied an application for a recreational marijuana producer license. You can read the press release here. The decision merits comment as a case
Recently the United States Post Office (“USPS”) issued an advisory on “Acceptance Criteria for Cannabidiol (CBD) Oil and Products Containing CBD.” Those criteria are as follows: 1. A signed self certification statement, subject to the False Statements Act (18 U.S.C. § 1001). Statements must be printed on the mailer’s own letterhead, must be signed by
I’ve written extensively about trademark litigation matters involving cannabis brands, but up until now, the trend in these lawsuits has been well-known non-cannabis companies suing cannabis companies. To read more about these cases, see the following posts: UPS Sues Multiple Cannabis Delivery Companies for Trademark Infringement What NOT to do with your Cannabis Brand: The
We advise some of the largest companies in the U.S. on hemp-derived cannabidiol (hemp-CBD) products. Those companies are filled with lawyers, and the lawyers have many specializations. Most of them, however, have little or no familiarity with hemp-CBD, and that is why they reach out and hire us. In the preliminary emails and phone calls,
Our California hemp lawyers have been getting pummeled with questions about the legality of industrial hemp derived cannabidiol (“Hemp CBD”) ever since the 2018 Farm Bill was signed in January. One of the most frequent questions we receive is whether CBD is a lawful additive in foods. The answer is often no depending on the
Recently, we wrote about the increasing frequency of litigating cannabis business disputes in the courts, noting several possible causes for this change from the early days when private arbitration was the preferred forum. Meanwhile, the Oregon Liquor Control Commission (OLCC) is beginning to treat violators of the rules governing recreational marijuana much more seriously. One
Our California hemp lawyers regularly get asked about the laws and regulations about growing hemp in California, manufacturing hemp products, and shipping those products around the country. I’ve written about the various hemp laws in California and how confusing they are previously (see here and here). Those posts, however, were more geared towards the manufacture
Three years ago, I did a TedX Talk titled “High Dive: Are We Creating Big Marijuana?” The issues I raised in my talk are still relevant today, especially as more states legalize. Basically the new question around state cannabis legalization is who should get to profit from it–big business or those most negatively affected by
Back in 2015, I wrote on this blog that we were never not litigating cannabis business disputes. That is still true today, although the forums have changed: matters are now resolved through the court system more frequently than before, when private arbitration was preferred. This is partly because the prevailing view among cannabis business attorneys
In the last few weeks, we have received a growing number of inquiries pertaining to the legality of smokable products infused with cannabidiol derived from industrial hemp (“CBD Smokables”), including vape pens and pre-rolled hemp flower joints. This post provides a brief overview of the current legal status of these products. As we have discussed
