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
On Thursday, a bipartisan collection of congressmen introduced a bill that would require to US Attorney General to lead a commission to oversee the process of making recommendations for a cannabis regulation system comparable to the current alcohol regulation system. The bill, called the Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE
Cannabis businesses are usually limited liability companies (LLCs). There are a lot of reasons for this, starting with the fact that LLCs are more flexible than corporations, which have much more rigid rules. To take advantage of those flexibilities, and for a lot of other reasons, LLC owners (called members) need an operating agreement. Below,
The intersection of state and federal law on cannabis has led to some interesting situations at the border, especially where cannabis related property is seized. States such as Washington, Oregon, and California have legalized cannabis for all uses, while the federal Controlled Substances Act still prohibits marijuana distribution and sale anywhere in the United States.
Frequently Asked Questions Regarding Cannabis in Mexico Because we are one of the very few American law firms with an office in Mexico that handles Mexico cannabis legal matters, we get a steady stream of questions regarding the current state of Mexico’s cannabis regime, and what to expect in the future. Our position on cannabis
Last week, D.C. Council Chairman Phil Mendelson called a vote on emergency legislation that aimed, in part, to give the Council the authority to shut down any business that gifts marijuana. Although the proposed bill did not pass (by only one vote), Mendelson’s bill reveals ongoing tension regarding D.C.’s legally questionable cannabis “gifting economy” and
Colombia has issued regulations on the import and export of cannabis products. Joint Resolution 539, issued in concert by four Colombian ministries on April 1, 2022, follows up on Decree 811 from last July, which expanded the scope of legal activities involving cannabis. The regulations specify which approvals are needed to import or export different
The days where the Federal Trade Commission (FTC) pays no mind to cannabis businesses (marijuana and hemp) are long gone. These days, the FTC is treating consumer complaints regarding hemp and marijuana businesses similar to complaints against businesses in other industries. The self-proclaimed mission of the FTC is to: “prevent anticompetitive, deceptive, and unfair business
