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Federal Courts are Going Backward on Cannabis

A few weeks back, the Cannabis Law Institute invited me to discuss contract drafting for cannabis deals. A focal point for the panel was whether courts are willing to enforce cannabis contracts. The last time I had really looked at that issue was early 2019, when I wrote: Cannabis Dispute? Courts are Open. As the

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Cannabis Securities Litigation: Alleged Failure to Disclose Material Information Leads to Federal Lawsuit

Keeping up with the multitude of (shifting) state and municipal cannabis regulations is a daunting task for any multi-state cannabis operator. One well-known tool for doing so has been CannaRegs, which offers a web-based subscription service to aggregate and organize cannabis rules, regulations, and legislation.  In January 2020, CannaRegs was acquired by Fyllo, “a digital

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Prepare Your Cannabis Business for the TCPA

For some reason, many cannabis businesses believe that because they’re already violating the federal Controlled Substances Act, they’re free to violate other existing federal laws. This of course is not the case, and never has been. Even though cannabis businesses can’t get legitimate recognition or fair treatment from the Department of Justice or the Drug

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A Bipartisan Bill Would Regulate Hemp CBD as a Dietary Supplement

Last week, Oregon Representative Kurt Schrader (D) and Virginia Representative Morgan Griffith (R) introduced The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020 (“H.R. 8179”). If enacted in its current form, H.R. 8179 would legalize the manufacture, sale and marketing of hemp, hemp-derived cannabidiol and other hemp extracts (collectively referred to

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The 2018 Farm Bill Does Not Support the DEA Interim Rule

Until a few weeks ago, everyone in the hemp world thought the next big development would come from the federal Food and Drug Administration (after all, the FDA recently submitted proposed guidance to the White House, which has yet to be released). Unfortunately, the Drug Enforcement Administration (DEA) dropped a surprise interim hemp rule a

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Martha Stewart Joins the Growing List of Celebrity Cannabis Lines

Perhaps the most exciting announcement in the world of celebrity cannabis companies came last week with the announcement of Martha Stewart’s new line of hemp-derived CBD products, which include tinctures, soft gels, and “pâte des fruit.” The products are manufactured and sold through Canadian company Canopy Growth Corporation, which also produces Snoop Dogg’s cannabis brand

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Consumer Privacy, California Cannabis and CCPA Deletion Requests

The California Consumer Privacy Act (CCPA) took effect at the beginning of the year. CCPA is a massive privacy law similar in scope to the European Union’s infamous General Data Protection Regulation, and applies to many businesses (not just cannabis businesses) that are based in or even “do business” in California. I wrote about the

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Malbec and Medical Cannabis: Have Them Both in Argentina

Recently, in Cannabis is Coming! The Latest on Colombia and Mexico, we wrote about legislative initiatives regarding cannabis in two of Latin America’s most important economies. Today we turn our attention to another of the region’s traditional powerhouses, Argentina, which is seeing developments not just at the national level, but also in its provinces and

The California Fires and Cannabis

The California Fires and Cannabis

Yesterday, my Harris Sliwoski colleague Vince Sliwoski wrote a post entitled, “The Oregon Fires and Cannabis“. Given how fires have been ravaging California for the past few weeks, I thought I’d write on how California’s fires are affected the cannabis industry. For the past few weeks, our California cannabis attorneys have been told by a

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