Litigation Update: JustCBD Files Motion to Dismiss Class Action Lawsuit

A couple of months ago I wrote a “Hemp/CBD litigation forecast.” (See here.) One topic of that post was the rise in class actions against Hemp-CBD companies and I noted the consumer class action complaint filed against JustCBD in the Southern District of Florida, Case No. 0:19-cv-62067-RS. The gravamen of the complaint is that JustCBD

Cannabis and Insurance Litigation

Recently, Jonathan Bench wrote about the importance of insurance coverage for your hemp or recreational marijuana business. His first article provided the basic anatomy of such policies and his second discussed the importance of product liability insurance. This post highlights recent litigation in which insurance is at issue, or ought to be. Hemp insurer seeks

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Cannabis Patent Litigation: What Constitutes Infringement?

As expected, the U.S. Patent and Trademark Office has continued to increase the number of patents issued containing the words “cannabis” or “marijuana” this year. Because we anticipate that the growing number of patents in this industry and progression of the first cannabis patent lawsuit (covered here, here, here, and here) inevitably will inspire more

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Cannabis Business Basics: Product Liability Insurance is a Nonnegotiable Priority

With Juul recently in the news and vaping bans going into effect around the country (see our recent coverage here, here, here and here), marijuana companies have been asking us questions about what to expect in the near term. In the midst of this uncertainty, we have been stressing to our clients the importance of insurance coverage

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Litigios sobre cannabis: Otro golpe a la defensa de ilegalidad (Kennedy contra Helix TCS, Inc.)

Sí, el cannabis sigue siendo ilegal a nivel federal. Pero no, eso no significa que las empresas de cannabis deban actuar como si la ley federal no existiera. Existe, y probablemente se aplica a cualquier negocio de cannabis. Sin embargo, nuestros abogados de cannabis a menudo escuchan afirmaciones de que la ley federal no se aplica. De hecho, dos preguntas que he oído en numerosas ocasiones son: Si la

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California’s Right to Farm Laws, Pesticide Drift, Wine and Weed

California, like other states, has a Right to Farm Act that is intended to protect agricultural activity, and many counties have their own local right to farm ordinances as well. California’s Right to Farm Act provides: “No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent

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Litigation Update: Who Decides Whether You Can Ship Hemp Through Idaho?

Regular readers know that we are in the midst of presenting a 50-state series analyzing how each state treats hemp-derived cannabidiol (“Hemp CBD”). Recently we covered Idaho, which we neatly summarized as “probably the worst state in the country to get caught with hemp.” The article explains why this is so in detail.  Among the

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Hemp/CBD Litigation Forecast: Cloudy with a Chance of Damages

Our cannabis attorneys are often asked by media, clients, and other professionals working in the hemp and CBD marketplace what we think will be the next “big issue” in this developing industry. Often these questions concern regulatory and compliance questions, as (most) companies are keen to mitigate risk and avoid running afoul of state and

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Weedmaps Dodges Class-Action Lawsuit by Implementing New Advertising Policy

Weedmaps, a major online pot shop directory and cannabis marketplace, announced last week that it will finally no longer allow black-market businesses to advertise on its site. Weedmaps’ announcement follows months of complaints from licensed cannabis businesses of harm caused by Weedmaps’ inclusion of ads for unlicensed companies – namely, that allowing such companies’ product

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Cannabis Litigation Options: The Benefits of a Receivership

Thank you to everyone who joined us for the “The Top 12 Alternative Dispute Resolution Strategies” webinar last week. We received a ton of questions on a lot of really interesting topics, and we will be spending the next few weeks addressing those we couldn’t fully get to during the one-hour period. We received a