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counterfeit trademark thc edible product
Canna Law Blog

Major Food and Beverage Companies Call Out Marijuana Copycats

Last week, a coalition of major food and beverage companies (self-identified as “consumer packaged goods companies”) asked Congress to do more about the growing number of copycat THC edible products and counterfeit trademarks piggybacking off of their well-known items. The letter was signed by the Consumer Brands Association and fourteen other associations and companies, including

Cannabis Trademarks After Federal Legalization
Canna Law Blog

Cannabis Trademarks After Federal Legalization

What will happen with cannabis trademarks after federal legalization? This question comes up regularly, but unfortunately lacks a clear answer (or even an unclear answer). On the one hand, with cannabis no longer unlawful at the federal level, USPTO will be able to register trademarks for cannabis products. But beyond that, nothing is clear. Whose

Courts Deny Naturalization Petitions Due to Marijuana
Canna Law Blog

Courts Deny Naturalization Petitions Due to Marijuana

We often write of the pernicious effects of the War on Drugs in the criminal law context as well as its harmful impacts on the hemp and (state) legal marijuana industries. This post turns to another issue resulting from federal illegality – the inability of a lawful permanent resident to petition for naturalization and and

marijuana business value
Canna Law Blog

Cannabis Business Value

I spend a lot of time with business owners discussing their cannabis business value. Often, they come to me when they realize they have a problem with their current or former business partner. We all like to assume our business relationships will continue indefinitely as the venture increases in value and the owners see eye-to-eye

hemp cannabis ada website accessibility blind
Canna Law Blog

Hemp Companies Face Latest Round of ADA Complaints

Last year, I wrote that business owners need to be aware of a growing trend of federal class action lawsuits claiming business websites and point-of-sale terminals violate Title III of the Americans with Disabilities Act (the “ADA”). At this point, having a website that makes sales and isn't broadly accessible is an invitation to be

oregon cannabis compliance
Canna Law Blog

Oregon Cannabis Compliance: Three Common Problems

An Oregon Liquor and Cannabis Commission (OLCC) licensee must comply with all rules stemming from ORS 475B. There are a lot of them. These rules have been in a constant state of flux since 2015, and they are buttressed by other sets of permanent rules, temporary rules, proposed rules, bulletins and guidance. In my experience,

cannabis business loi term sheet
Canna Law Blog

Cannabis Transactions and Letters of Intent

It's common in many different kinds of cannabis contract negotiations for the parties to execute a document early in the stages of negotiations that is often called a letter of intent (or LOI), but can also be called a term sheet. LOIs are used in most real estate and M&A transactions, but can be used

canna law blog
Canna Law Blog

Washington State Considers the Future of Its Cannabis Industry

I absolutely loved Washington State when I lived there. I lived in Seattle for seven years and was one of the first attorneys in the state to take on medical cannabis business clients in 2010 and then again with adult use clients in 2012 when I-502 passed. Our law firm is a pioneer in the

california cannabis lease
Canna Law Blog

Cannabis Leases: Six Important Landlord Considerations

Last year, I wrote a post entitled "Cannabis Leases: Eight Important Tenant Considerations". The post outlined eight of the more important considerations for tenants entering into cannabis leases. Today, I want to focus on some of the top considerations for landlords in leasing to cannabis tenants. 1. Compliance with Mortgages Landlords that do not outright

Group of people in front of Smokey Coffeeshop
Canna Law Blog

The Netherlands and Cannabis: Legal Supply Chain Experiment Continues

Given that cannabis remains federally illegal in the United States (despite the fact that more than a majority of states have some form of cannabis legal reform), we get pretty excited when we see other countries undertake legalization experiments at the federal level. Canada was the first country to legalize commercial licensing for the cultivation,