washington cbd

Washington Upends Its CBD Industry

Last month, Washington governor Jay Inslee signed SB 5367, a largely unpublicized bill “concerning the regulation of products containing THC”. Among other things, the bill amends the definition of “cannabis product” in the state’s Controlled Substances Act to include products with any detectable amount of THC concentration. Selling such CBD products will require licensure by

new york cannabis variscite

New York Cannabis: The Variscite Injunction is Lifted

The news tricked out slowly, then all at once: New York has settled the Variscite litigation, and the injunction prohibiting Conditional Adult-Use Retail Dispensary (CAURD) licenses in the Finger Lakes region has been lifted. The settlement was approved during the Cannabis Control Board (CCB) meeting on May 30, 2023, paving the way for new CAURD

thca

So Long for THCA Products

Ever since Congress passed the Agricultural Improvements Act of 2018 (or 2018 Farm Bill), people have tried to find creative ways to sell intoxicating hemp-derived products. One example of this is THCA products, such as THCA flower, which contain very high levels of THCA. But is THCA legal? Today, I want to examine legality of

florida cannabis

Florida Supreme Court Weighs Adult-Use Cannabis Measure

The Florida Supreme Court will consider the legality of an initiative to get adult-use cannabis legalization on the 2024 ballot. Per Florida law, the state’s attorney general must request an advisory opinion from the Florida Supreme Court on whether the proposed measure complies with certain legal requirements. One of the issues is whether the initiative

import marijuana seeds

Can I Import Marijuana Seeds to the U.S.?

We’ve recently received a number of inquiries about whether it is legal to import marijuana seeds into the United States. These are seeds derived from marijuana plants that have a THC content less than 0.3%, but when planted will germinate into marijuana plants that have a THC content more than 0.3%.  The seeds themselves have

gun rights

ATF Clings to Cannabis Gun Rights Restrictions

Cannabis users cannot own or possess firearms under federal law. This is true even in states where cannabis is legal, and even for medical patients. These gun rights are very likely going to be held unconstitutional. But the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is clinging to them nevertheless. I’ve written pretty extensively

corporate secretary

Is a Corporate Secretary Really Important?

As a corporate attorney, one of the most common errors I see is failure to implement even basic corporate governance practices. This can lead to astoundingly bad places in certain circumstances. But even when it doesn’t, it is often costly to reconstruct past corporate actions. And that cost can be defrayed relatively easily. One way

attorneys' fees

The Recovery of Attorneys’ Fees in Cannabis Litigation

We got a lot of good follow-up questions last week after our webinar covering cannabis litigation in the current down market. One of them related to the recovery of attorneys’ fees and how likely that is to happen. Potential recovery of attorneys’ fees is an important consideration at the outset of any case, but can

black farmer bill florida

Black Farmer Cannabis Bill Passed in Florida

Black farmers in Florida stand to benefit from a medical cannabis bill passed in the waning days of the state legislature’s 2023 session. HB 837 would give a second chance to farmers passed over during an earlier application process to award what is known as the Pigford Black Farmer License. Pigford refers to a class-action

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