A lot of people want to save a buck during contract negotiations. These folks usually do not not use a lawyer for drafting term sheets or other initial matters. Sometimes, this can work out well. For bigger or more complicated deals, or for deals with a difficult opponent, this can be a bad idea. Let’s
On February 21, the Natural Product Association (NPA) filed a citizen petition with the Food and Drug Administration (FDA) on specific cannabidiol (CBD) relief in which it requests enforcement discretion for the premarket approval of CBD products. In its petition, the NPA is asking the FDA to do one of three things: Determine that CBD
We often write of the pernicious effects of the War on Drugs in the criminal law context as well as its harmful impacts on the hemp and (state) legal marijuana industries. This post turns to another issue resulting from federal illegality – the inability of a lawful permanent resident to petition for naturalization and and
I’ve written a couple of times about the ongoing struggle that is the California cannabis tax situation, and I was recently on a great panel about the future of cannabis taxes in the country. California cannabis taxes are some of the highest in the U.S.. The situation seems to be, thankfully, evolving for the better
Every cannabis company has been asking lately how they can start making money from cannabis NFTs (non-fungible tokens). Many of these companies know that NFTs are part of the greater Web3 movement that feels somewhat familiar, especially to marijuana companies. Web3 is in large measure a counterculture movement that pushes back against large institutions that
While cannabis brands need to be mindful of cannabis-specific trademark issues, they must also pay attention to trademarking basics. Back in January, we discussed three key trademark issues: distinctiveness, likelihood of confusion, and application bases. Today we continue our exploration of trademark basics, looking at the importance of choosing goods and services thoughtfully, in order
I’ve spent considerable time explaining the law regarding religious use of psychedelics on the Psychedelics Law Blog lately. A lot of that same law applies equally to cannabis. Naturally, I want to answer a similar question here: are cannabis churches legal? The answer is that they are basically “legal” in the same sense that cannabis
The battle to raise the limit of THC allowed in hemp from .3% to 1% continues. The 2018 Farm Bill defined hemp as “[t]he plant species Cannabis sativa L. and any part of that plant . . . with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” It
Most people who aren’t familiar with California cannabis regulation are surprised to learn that legal cannabis is actually pretty rare throughout the state. Most cities and counties prohibit or severely restrict cannabis licensing. This includes most cities in Los Angeles county, and until recently, the county itself. But that’s all changing, because LA County will
Services agreements are a problem in the Oregon cannabis industry. These agreements have been around since at least 2016, when our office and at least one other law firm developed early templates in consultation with the Oregon Liquor and Cannabis Commission (“OLCC”). That form was called a “management agreement” and you will see them referred
