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  • Cannabis Rescheduling and Trademarks

    Sep 25, 2023, 10:00 am By Fred Rocafort
    Cannabis rescheduling appears to be a matter of time and my colleagues have written about the possible implications (see here, here, and here). Rescheduling to a less restrictive category will also have implications for trademarking by cannabis brands. By…
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  • More New York Cannabis Program Litigation: First Amendment Challenge to Third-Party Website Rules

    Sep 22, 2023, 10:00 am By Matthew Schwartz
    On September 18, 2023, a new lawsuit was filed by, inter alia, Leafly Holdings, Inc. (“Leafly”) against the New York State Office of Cannabis Management (“OCM”) and New York State Cannabis Control Board (the “Cannabis Control Board”). The lawsuit…
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  • New York Cannabis: A Plea to the Office of Cannabis Management

    Sep 21, 2023, 10:00 am By Simon Malinowski
    It has now been over one week since New York’s Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) announced that the general adult-use cannabis license application portal will open on October 4, 2023. For those counting at home, that is…
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  • Oregon Cannabis PSA: A Little Grace on Retailer Tax Compliance Requirements

    Sep 20, 2023, 10:00 am By Vince Sliwoski
    It’s been a minute since we wrote about the new OLCC tax compliance rules for retailers. These temporary rules require all retailers to certify tax compliance via the Oregon Department of Revenue (DOR) to renew or transfer ownership of a marijuana retailer…
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  • FREE Webinar This Thursday, September 21st: Cannabis Trademarks and Litigation

    Sep 19, 2023, 10:00 am By Canna Law Blog
    As the U.S. cannabis industry expands, high-profile lawsuits involving cannabis brands and the use of cannabis trademarks “inspired” by well-known companies have emerged. One recent example is popular candy brand Skittles’ lawsuit against a cannabis…
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  • How Important is the SAFE Banking Act, Anyway?

    Sep 18, 2023, 10:00 am By Vince Sliwoski
    I’m pretty sure that more ink has been spilled on the Secure and Fair Enforcement Act (“SAFE Banking”), than any other proposed cannabis law. It just won’t pass and it just won’t die. Specifically, SAFE Banking was introduced in 2017 and it passed…
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  • What the Hunter Biden Indictment Means for Cannabis Users

    10:00am By Griffen Thorne
    On September 14, 2023, Special Counsel David Weiss of the Department of Justice filed an indictment against Robert Hunter Biden in the District of Delaware. The indictment pleads three counts, which I analyze below. The Hunter Biden indictment centers on…
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  • New York Cannabis: The Retail Dispensary Municipal Notice

    Thu 9:21am By Simon Malinowski
    New York’s Marijuana Regulation and Taxation Act (MRTA) requires anyone applying for a retail dispensary or on-site consumption license to submit a notice of their intention to apply to the municipality (or community board in New York City) at least 30 days…
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  • New York Cannabis: Portal for Adult-Use License Applications Opens October 4th!

    Sep 13, 2023, 10:00 am By Simon Malinowski
    The wait is (almost) over! During the September 12, 2023 Cannabis Control Board (CCB) meeting, the CCB announced that New York’s full, adult-use cannabis license application portal will open on October 4, 2023. The CCB meeting covered a number of other…
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  • Banks Get Exposed by New York’s Unlicensed Cannabis Dispensaries

    Sep 12, 2023, 10:00 am By Matthew Schwartz
    Major banks like JPMorgan Chase and Wells Fargo, as well as landlords such as BentallGreenOak and Ashkenazy Acquisition Corp., have found themselves indirectly involved with New York City’s unlicensed cannabis dispensaries, potentially exposing them to legal…
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  • New York Cannabis: The Fall “Schedule”

    Sep 11, 2023, 10:00 am By Simon Malinowski
    Over the last several months there has been a lot going on in New York’s cannabis world, with the “highlights” being litigation, corporate letters, municipal legislation, and generally just a lot of back and forth about where New York’s adult-use…
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  • What Rescheduling Means for Cannabis Investments

    Sep 8, 2023, 2:00 pm By Griffen Thorne
    Last week, the Department of Health and Human Services (HHS) recommended rescheduling cannabis from schedule I to III under the Controlled Substances Act (CSA). My colleagues already covered various implications of the proposed cannabis rescheduling (see here…
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  • Cannabis Brands and China: An Emerging IP Challenge

    Sep 7, 2023, 2:00 pm By Fred Rocafort
    Cannabis Brands and China Challenges Cannabis brands account for a sizeable component of my law firm’s intellectual property work (and, indeed, our work generally). Historically, there has been little overlap between our cannabis and China practice areas,…
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  • Marijuana as Schedule III: Woe is Me?

    Sep 6, 2023, 2:00 pm By Hilary Bricken
    Unless you’ve been living under a rock, you know that a pretty historic announcement was made last week by the U.S. Department of Health and Human Services (HHS). HHS officially recommended that marijuana be rescheduled from Schedule I to Schedule III of…
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  • Read This Before Selling Your Cannabis Business. Or Filing Your Next Tax Return

    Sep 5, 2023, 2:00 pm By Vince Sliwoski
    I’d like to send a shoutout to tax lawyer Nick Richards for an intriguing opinion piece published on Friday, September 1 in Marijuana Business Daily. Nick outlines two approaches to potentially help cannabis businesses recoup buckets of cash from Uncle Sam.…
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  • Another California Cannabis Enforcement Program That Won’t Work

    Sep 1, 2023, 2:00 pm By Griffen Thorne
    Earlier this week, California’s Attorney General Rob Bonta announced yet another cannabis enforcement program: the Cannabis Administrative Prosecutor Program (CAPP). CAPP is the newest of California’s ever-growing list of acronym enforcement programs,…
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  • Three Myths and Three Facts on the HUGE Marijuana Rescheduling Recommendation

    Aug 31, 2023, 2:00 pm By Vince Sliwoski
    Huge news yesterday. Huge! The U.S. Department of Health and Human Services (HHS) has officially recommended that marijuana be rescheduled, from Schedule I to Schedule III of the federal Controlled Substances Act (CSA). This means that the country’s top…
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  • California Cannabis Repeal? A Humboldt County Study

    Aug 30, 2023, 2:00 pm By Hilary Bricken
    It’s no secret that the cannabis industry is on a steep decline in a variety of states, including California. We have time and again written about the specific woes plaguing the California cannabis industry. High taxes, a staggering credit crunch and…
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  • Taste the Injunction: Unsweet Ending for Skittles Infringer

    Aug 29, 2023, 2:00 pm By Fred Rocafort
    This post written by Harris Bricken attorney Fred Rocafort was originally published on July 20, 2023 on The Trademark Lawyer website and is republished here with their permission. Candymaker Wrigley and Terphogz, LLC have reached a settlement in a high-profile…
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  • Oregon Cannabis: CIAO Wins Round One on Aspergillus Testing Rule!

    Aug 28, 2023, 2:00 pm By Jesse Mondry
    Oregon marijuana growers dreading the new aspergillus testing rule can exhale (for now). That’s because on Friday, August 25, the Oregon Supreme Court stayed enforcement of the new aspergillus testing rule pending a final hearing on the merits. This is a big…
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