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International Cannabis: Guidance for Companies Entering the U.S. Market

As I mentioned in a prior post (see here), we have been fielding regular inquiries from international cannabis companies that want to engage with the U.S. market by selling raw hemp or cannabis, distillates (including cannabinoids), and products, including products that have been proven in their home markets. How to Enter the U.S. Market High-Level

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Hemp CBD Across State Lines: Vermont

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

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California Cannabis: Non-Compete Clauses are Almost Never Enforceable

In this post, I want to explore something very significant that a lot of people gloss over when reviewing contracts: non-compete clauses. Non-compete clauses are exactly what they sound like: they prohibit one party from competing with another. A common example of a non-compete is in an executive employment agreement, where an executive of a

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Hemp CBD Across State Lines: U.S. Virgin Islands

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

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CBD Claims: Federal Enforcement Actions Are No Longer Limited to Warning Letters

The online sales of cannabidiol (“CBD”), including hemp-derived CBD products, have ramped up in response to the coronavirus (“COVID-19”) pandemic. Regrettably, during these uncertain times, a handful of CBD companies have been taking advantage of people’s fear and anxiety over the spread of the virus, making certain claims that CBD can treat and even cure

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The FDA Continues to Chase CBD Companies

We advise many of our clients, and particularly our clients the CBD and skincare spaces, on how to navigate the complex state and federal regulations that apply to marketing and labeling their products. And one of the persistent concerns we address from clients in this industry is how to run a compliant business that does

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Hemp CBD Across State Lines: Utah

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp

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Cannabis Patent Holder UCANN Files for Bankruptcy. Will it Work?

Colorado-based United Cannabis Corporation (“UCANN”) filed for Chapter 11 bankruptcy protection on April 22. Regular readers may recall that UCANN is the plaintiff in the first ever cannabis patent protection case which generally concerned liquid cannabinol formulations of a purified CBD and/or THC greater than 95%. That litigation is now stayed (paused) as a result

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More Twists and Turns in Los Angeles Cannabis Licensing

It’s been a while since we’ve written about the unfolding cannabis licensing situation in the City of Los Angeles, and a lot has happened. For some background on LA’s complicated licensing process, it has proceeded to date in multiple “phases” administered by the Los Angeles Department of Cannabis Regulation (“DCR”): The first phase was limited to

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