canna law blog

California Cannabis: So Close on Provisional Licensing

The California legislature is currently finalizing a bill (SB-1459) which would establish a provisional licensing regime for California cannabis businesses. The bill moved into “enrolled” status late last week, which means that SB-1459 has been approved by both houses of the state legislature and is being proofread to ensure all amendments were properly inserted. Once SB-1459 is

canna law blog

Oregon Industrial Hemp Litigation: Won’t You Be My Neighbor?

In recent posts, we’ve discussed cases where a neighbor to a cannabis grow sued the grower for nuisance, claiming that growing cannabis interfered with the neighbor’s use of their land. See here, here, here, here, and here. These lawsuits relied on the non-cannabis landowner’s claims that the federally illegal cannabis business caused harm because of odor, disruptive

canna law blog

Transporte de CBD: Planifique cuidadosamente su ruta

La situación legal del cannabidiol (CBD) es complicada desde hace tiempo. La Ley Agrícola de 2014 (Farm Bill de 2014) permitía el cultivo de "cáñamo industrial", definido como la planta de cannabis que contiene menos de un 0,03% de tetrahidrocannabinol (THC) en peso seco, siempre que ese cáñamo se cultivara de acuerdo con las directrices de un estado. El sitio

canna law blog

Oregon Cannabis: Josephine County Loses Again

Poor Josephine County. We have been writing on this blog about the southern Oregon county’s mounting frustrations with cannabis, its successive losses in litigation, and its most recent attempt in federal district court to submarine Oregon’s cannabis programs. We immediately identified this lawsuit as a “stunning overreach” and we predicted the county would lose. To

canna law blog

Los Angeles Cannabis: Don’t Forget Your Social Equity Business Agreements

Applicants who qualify for commercial cannabis licensure during Phase II of the City of L.A.’s cannabis licensing process only have until September 13 to get their applications into the Department of Cannabis Regulation (“DCR”). This phase of licensing is reserved for existing, non-retail, social equity applicants. To get a license during this phase, the DCR

canna law blog

The Law on CBD-Infused Alcoholic Beverages

This past year, the country has witnessed widespread interest in the use of cannabis in its nutraceutical (when added to food or drinks) form. Cannabidiol (“CBD”), the non-psychoactive chemical compound found in the cannabis plant, has gained great popularity among alcohol beverage companies. The growing popularity of CBD-infused products combined with their mainstream nature has

canna law blog

California Cannabis: Industrial Hemp Regulation Moves Ahead

Last week, California’s industrial hemp bill, SB 1409, received a unanimous passing vote from committee. We last wrote about SB 1409 in March, and the legislation has undergone some changes, warranting a new summary of what has been proposed. Currently, California law regulates the cultivation of industrial hemp, and specifies certain procedures and requirements on

canna law blog

California Cannabis Distributors and Motor Carrier Permits

Oftentimes in the marijuana industry, licensees forget or don’t believe that existing federal, state, and local laws apply to their cannabis operations. For example, things like ADA and OSHA compliance get overlooked where the thinking can be, “I’m already violating one federal law, so I don’t have to comply with other, existing federal or state

canna law blog

California Cannabis Leasing: Landlord Pitfalls

We’ve written previously about some common issues landlords run into when leasing to cannabis businesses (see links at the bottom of this article). Now that we’ve seen almost a year’s worth of emergency regulations, and the state has released its proposed final regulations, we’ve also seen a variety of cannabis leasing issues crop up. Here

canna law blog

Trademark Considerations for Your Celebrity Cannabis Licensing Deals

I’ve worked on many celebrity licensing and endorsement deals, and my firm’s cannabis intellectual property lawyers have received countless inquiries from companies looking to partner with one celebrity or another. And while the best of the deals can be very lucrative (and interesting) for everyone involved, plenty of them fizzle out for one reason or