Like all commercial litigation, cannabis business litigation is expensive and in most circumstances a party cannot recover its attorneys’ fees. The exception is where recovery is authorized by a contract or a statute. This post discusses how a party in commercial litigation—whether involving cannabis or not—can use an Offer of Judgment to leverage a more
The Caribbean is questioning its enduring ties to the British Crown, as it seeks to fully turn the page on its colonial past. During the next few years, we will likely see several of the independent Caribbean nations that maintain constitutional ties to the British monarch become republics, led by local heads of state. These
For many years, we’ve written about California’s truly bizarre animus towards hemp-derived CBD. Many efforts to regulate CBD failed. Last year, the state finally managed to pass AB-45 but the California Department of Public Health (CDPH) hasn’t really done anything since. That will change soon. Finally, California will regulate CBD. California is getting CBD regulations
Cannabis companies are largely behind the curve in Web3, but in the past few months some top cannabis companies have emerged in the Web3 ecosystem to join the old guard. The connection between cannabis and Web3 may not be apparent at first glance, but both industries are relatively nascent, semi-regulated, and attracting some of the
A couple of weeks ago, the Asociación Indígena Productora de Cannabis de Oaxaca (AIPCO), a Oaxaca non-profit organization comprised of local indigenous cannabis growers, gave indigenous individuals and communities 26 medical cannabis growing licenses issued by Mexico’s Federal Commission For The Protection Against Sanitary Risks (Cofepris). Around the same time, the government of the state
Most people who are (luckily) not familiar with litigation believe alternative dispute resolution (or “ADR”) clauses in their contracts are essentially boilerplate language that’s recycled again and again in every contract. However, well-drafted ADR clauses can not only give you a huge advantage if an issue comes up, they may also cause your counterparty to
When it comes to canna law on the internet, half-truths might be a bigger problem than outright lies or mistakes. Recently, our sister China Law Blog declared that China Law on the Internet Is All Wrong. As a lawyer who spends a lot of time working on China-related matters, I can confirm that there is
After a rollercoaster open market experiment, Oregon finally raised the walls on its cannabis program earlier this year. Typically, there are two broad approaches a state may take in walling off a regulated cannabis program, dormant commerce clause issues notwithstanding. The first is by enacting residency requirements for marijuana business ownership. Oregon did away with
Because the Food and Drug Administration (FDA) says that CBD-infused foods and dietary supplements cannot be lawfully sold or marketed in the United States, we’re left with a patchwork of often inconsistent state laws. One of the areas where there can be the biggest differences is in CBD product labels. Complying with CBD label requirements
Could the First Amendment’s free speech protections offer a lifeline to cannabis brands hauled into court for trademark infringement for using parody trademarks? In some cases, it might. For readers unfamiliar with the First Amendment to the United States Constitution, it reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free
