canna law blog

BREAKING NEWS: California Opens Up for Commercial Hemp Cultivation

We have been closely following California’s commercial hemp cultivation licensing law since it was proposed last year as Senate Bill 1409 (see here, here, and here). In March, I wrote about some of the roadblocks to implementing SB-1409’s commercial hemp cultivation programs, and the lengthy review process of the California Department of Food and Agriculture (“CDFA”) regulation which

canna law blog

Cannabis and Immigration: Marijuana Activity a Conditional Bar to Obtaining U.S. Citizenship

On April 19, the U.S. Citizenship and Immigration Services (USCIS) announced that it would formally update its Policy Manual regarding how cannabis-related activity–even when it took place in states that have legalized the medical and recreational use of marijuana–would impact naturalization. The Policy Manual is self-defined by the USCIS as its centralized online repository for

canna law blog

Oregon Cannabis Delivery: How to Enter the Market

In the past year or so, we have seen an influx of cannabis delivery businesses enter the Oregon market– specifically in Portland. Those businesses are getting a lot of press, and we have received multiple inquiries from outfits looking to enter this space. Given this growing interest, we thought we would go over some of

canna law blog

Top Five Suggested Revisions to California Form Leases for Cannabis Tenants

I cringe every time a form lease comes across my desk for a California cannabis tenant. While C.A.R. and A.I.R. lease forms certainly have their advantages (brokers and veteran landlords are comfortable with them, and they can be cheap and efficient if the transaction is simple), because of the complexity involved in leasing to cannabis

canna law blog

USDA Expressly Legalizes the Importation of Hemp Seed

Last Friday, the U.S. Department of Agriculture (“USDA”) released a statement, in which the agency clarified that the passage of the 2018 Farm Bill rendered the importation of hemp seeds legal. As we previously explained, the 2018 Farm Bill legalized hemp, hemp seeds, and other derivatives, by removing them from the Controlled Substance Act. Accordingly,

canna law blog

Mexican Cannabis: The New Legal Landscape

On Thursday, January 28, we will be hosting a FREE hour-long webinar discussing the business side of medical and recreational cannabis in Mexico. REGISTER TODAY!   We are committed to keeping our knowledge of international cannabis news current, and as legalized cannabis has become an international reality, our lawyers in Spain and in China are naturally seeing more of this

canna law blog

Oregon Cannabis and Liquor: Why is OLCC Harder on Marijuana Licensees?

Why is the OLCC throwing the book at me? This is a question we hear a lot these days from our Oregon cannabis clients in reference to the OLCC’s recent more aggressive approach to enforcement. As we’ve explained, the OLCC has tightened the reins on marijuana applications and rule violations. This has made the prospects

canna law blog

Industrial Hemp and USDA Organic Certification

We’ve written previously about the inability of cannabis companies to receive United States Department of Agriculture (USDA) organic certification for their products (although there are alternative state-level and private certifications available to fill this gap), but what some of our clients are unaware of is that the USDA will provide organic certification for qualified industrial

canna law blog

Did the 2018 Farm Bill Open the Door to Importing Hemp?

We get a ton of questions about whether it’s legal to import hemp into the U.S. It’s a complicated question without a clear answer. We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g., the mature

canna law blog

FDA Issues Warning Letters to CBD Manufacturers Making “Over-The-Line” Health Claims

Last week, the departing Food and Drug Administration (“FDA”) Commissioner, Scott Gottlieb, released a statement in which he announced that the agency, in collaboration with the Federal Trade Commission (“FTC”), had issued warning letters to three CBD manufacturers: Advanced Spine and Pain LLC (d/b/a Relievus), Nutra Pure LLC and PotNetwork Holdings Inc.. The letters were sent “in response to