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  • Top Five Drags on the Cannabis Industry

    Mar 9, 2019, 3:00 pm By Hilary Bricken
    There’s no question that cannabis remains a rocky, emerging industry even though entire countries and more than 30 U.S. states now have cannabis legalization or “medicalization”. The reasons why though stem from a variety of sources–federal…
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  • Cannabis Dispute? Courts are Open

    Mar 8, 2019, 3:00 pm By Vince Sliwoski
    Back in 2015, I wrote on this blog that we were never not litigating cannabis business disputes here at the law firm. That is still true today, although the forum has changed: matters are now resolved through the court system more frequently than before, when…
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  • The Federal Legality of CBD Smokable Products

    Mar 7, 2019, 3:00 pm By Nathalie Bougenies
    In the last few weeks, we have received a growing number of inquiries pertaining to the legality of smokable products infused with cannabidiol derived from industrial hemp (“CBD Smokables”), including vape pens and pre-rolled hemp flower joints. This post…
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  • “CBD” Coffee and the Importance of Distinctiveness for Trademark Protection

    Mar 6, 2019, 10:00 am By Alison Malsbury
    An interesting Bloomberg article came across my desk a couple weeks ago called, “CBD Craze is Creating a Trademark Problem for a Coffee Brand in Maine.” The article raises a couple of important issues related to the trademark requirement of…
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  • California Cannabis: Where Prop. 65 and Labeling Rules Meet

    Mar 5, 2019, 10:00 am By Griffen Thorne
    Our California cannabis attorneys have been getting inundated with packaging and labeling review since each California cannabis licensing agency adopted its final rules in January 2019, and even before that when the rules were under consideration. One thing…
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  • Cannabis Patent Litigation Update: Is Extraction and Preparation Prior Art?

    Mar 4, 2019, 10:00 am By Jihee Ahn
    Did UCANN really get USTPO coverage for prior art? About six months ago, we posted news of the first ever cannabis patent infringement case.  As a reminder, the case was initiated by United Cannabis Corporation (“UCANN”) in the United States District…
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  • ICYMI: Governor Newsom Will Send National Guard to Fight Illegal California Cannabis Grows

    Mar 3, 2019, 10:00 am By Alison Malsbury
    We’ve been saying for the last year that as California’s legal marijuana program continues to roll out, the state’s enforcement against illegal operators will continue to ramp up. During his state of the state address on February 12, 2019, Governor Gavin…
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  • USDA and FDA Shed Light on Hemp and CBD

    Mar 2, 2019, 10:00 am By Daniel Shortt
    On February 27, 2019 both the Food and Drug Administration (“FDA”) and the United States Department of Agriculture (“USDA”) provided new insights and guidance related to their proposed regulatory processes for hemp under the 2018 Farm Bill. I will…
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  • Oregon Cannabis: 2019 Legislative Forecast and Report

    Mar 1, 2019, 10:00 am By Vince Sliwoski
    The Oregon legislature has been grappling with cannabis for five consecutive years. Talking with those in Salem trenches, one senses some fatigue. At this point, over a month into the 2019 session, a preponderance of legislators appear vaguely inclined to…
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  • West Coast Hemp CBD After the Farm Bill: The Video

    Feb 28, 2019, 10:00 am By Canna Law Blog
    In case you missed it, or would like to revisit some of the information, below is the recording from last week’s lunch hour webinar on west coast hemp CBD after the Farm Bill. Stay tuned for future posts answering some of the questions we weren’t able to…
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  • The Marijuana Banking Bill is Back and Stronger Than Ever

    Feb 27, 2019, 10:00 am By Jihee Ahn
    Six years after it was initially introduced, the House Financial Services Committee released the latest draft legislation that would create a “safe harbor” for banks to serve the rapidly expanding cannabis industry on February 7, 2019. Entitled the…
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  • California Cannabis Provisional Licensing Update

    Feb 26, 2019, 10:00 am By Griffen Thorne
    Last summer, I wrote about Senate Bill 1459, a piece of California legislation that created a new scheme of provisional licenses for cannabis operators. This provisional licensing scheme was essentially intended to replace the temporary licensing scheme that…
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  • Are CBD-Infused Alcohol Beverages Legal?

    Feb 25, 2019, 10:00 am By Nathalie Bougenies
    The recent wave of crackdowns on cannabidiol (“CBD”)-infused alcohol beverages has further exacerbated public confusion regarding the legal status of the cannabis plant’s non-psychoactive compound. This post provides an overview of the regulatory…
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  • And Best Democratic Experiment Goes to . . . (Legal?) Weed at the Oscars

    Feb 24, 2019, 10:00 am By Hilary Bricken
    Now featuring cannabis! MarketWatch ran an article last week on how this year’s Academy Award swag bags “are packed” with “legal” cannabis. I’m always happy to see an article like this because it means California legalization is working. And yet,…
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  • U.S. Supreme Court Extends Constitutional Prohibition Against Excessive Fines to States

    Feb 23, 2019, 10:00 am By Julie Hamill
    The United States Supreme Court issued a unanimous ruling on Wednesday in the case of Timbs v. Indiana, incorporating the Eighth Amendment’s Excessive Fines Clause against the states through the Due Process Clause of the Fourteenth Amendment. As we have…
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  • Idaho State Police Are Not Required to Return Seized Hemp (Yet)

    Feb 22, 2019, 10:00 am By Daniel Shortt
    Earlier this week, I wrote about how hemp businesses should not yet rely on the 2018 Farm Bill to protect them from their products being seized. This is because although Section 10114 of the 2018 Farm Bill prohibits states from interfering with the interstate…
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  • Is Six Years of Oregon Cannabis Supply Enough Already? OLCC Weighs In.

    Feb 21, 2019, 10:00 am By Vince Sliwoski
    Oregon is truly churning out the cannabis. Last week, I covered the Oregon Secretary of State’s audit report of Oregon marijuana regulation. On January 31, the same day the audit was released, the Oregon Liquor Control Commission (OLCC) submitted its 2019…
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  • Free Lunch-Time Webinar TOMORROW: West Coast Hemp-CBD After the Farm Bill

    10:00am By Canna Law Blog
    Congress passed the Agricultural Improvement Act of 2018 (better known as the “Farm Bill”) in December 2018 which removed hemp from the federal Controlled Substances Act. This further resulted in hemp-based cannabidiol or “hemp-CBD” legalization.…
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  • Transporting Hemp Across State Lines is Still Risky

    Tue 10:00am By Daniel Shortt
    Back in September 2018, I wrote about how important it was for hemp businesses to carefully plan the routes they would use to ship hemp and hemp products, including hemp-derived CBD. This is because some states are hostile towards hemp and do not recognize a…
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  • Battle Royale? Phase 3 Cannabis Licensing in City of Los Angeles

    Feb 18, 2019, 10:00 am By Hilary Bricken
    The City of Los Angeles has long endured questions surrounding its elusive Phase 3 licensing process for cannabis businesses. The City completed Phase 1 and 2 licensing without too much crazy change, but Phase 3 is very likely going to be a different story,…
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