Canna Law Blog™

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Published: June 3, 2020

Oregon Cannabis: What to Do If You Receive an OLCC Notice of Proposed License Cancellation or Other “Charging Document”

The Oregon Liquor Control Commission (“OLCC”) is tasked with regulating medical and recreational cannabis in Oregon and this includes commencing administrative enforcement proceedings against licensees found in violation of one or more rules. The OLCC may seek sanctions against licensees ranging from a monetary penalty and/or a period of suspension to license cancellation. We sat

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Published: May 19, 2020

Selling CBD Products? The U.S. Supreme Court Just Raised the Stakes on Trademark Claims

Several months I wrote an article about CBD and false advertising under the Lanham Act and noted an important case on the docket of the U.S. Supreme Court concerning damages in trademark cases, Romag Fasteners, Inc. v. Fossil, Inc. (Supreme Court Docket No. 18-1233). As you may recall, the Lanham Act, also known as the

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Published: May 9, 2020

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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Published: May 6, 2020

Federal Appeals Court Rules in Favor of El Salvadoran Hemp-CBD Company in Arbitration Clause Dispute

We regularly write about arbitration as an alternative to litigation on this blog and on our sister blog, the China Law Blog. Topics have included the pros and cons of arbitration in the cannabis industry, international arbitration issues, and U.S. Supreme Court cases: Cannabis Litigation 101: Arbitration Cannabis Arbitration: The Good, The Bad, and The

Published: April 29, 2020

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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Published: April 18, 2020

Another Cannabis Trademark Dispute, Another Settlement

Earlier this month, the company now known as LeafedOut, but formerly known as LeafedIn, reached a settlement with LinkedIn over allegations of trademark infringement. As readers of this blog are well aware, this is not the first instance of a non-cannabis party alleging trademark infringement by a cannabis company: What NOT to do with your

Published: March 11, 2020

Charlotte’s Web Faces Another Class Action Lawsuit for Improperly Marketing CBD Products

The hemp-derived CBD market is a tough one right now. From uncertainty in when and how the FDA may begin regulating products, to the downturn in the stock markets as result of the coronavirus affecting the hemp industry, the problematic interim rules concerning hemp production and increasing state regulation, CBD companies face a plethora of

Published: March 9, 2020

Girl Scouts Allege Misappropriation by Cannabis Edibles Company

As usual, we’ve been monitoring both brewing and active trademark disputes in the cannabis space, and the most recent example involves the institution that is the Girl Scouts. For background, here are some of the other disputes we’ve covered in the past: Kiva Lawsuit Highlights the Cannabis Industry’s Ongoing Trademark Troubles Cannabis Trademark Litigation: Web

Published: February 17, 2020

Why Handshake Cannabis Deals Are BAD

A lawyer I know once told me that the primary motivation behind drafting a contract should not be making each party’s obligations clear or negotiating better terms, but instead should be ensuring that when there is litigation, that party is in the best possible position to win. Having written and litigated numerous contracts, I could

Published: January 27, 2020

Hemp CBD: Will Federal Courts Wait to Decide CBD Cases Until the FDA Issues Regulations?

Not long ago Hemp Industry Daily reported on a decision by U.S. District Judge Ursula Ungaro in the Southern District of Florida in which the Court stayed a putative class action lawsuit against a seller of CBD products until the FDA completes rulemaking regarding the marketing, including labelling, of hemp-derived ingestible products. The case is

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