The United States Patent and Trademark Office (USPTO) has been issuing cannabis-related utility patent applications for decades and applies the same legal standard when reviewing as it does to all other inventions. The validity and enforceability of these issued patents remains less clear.» Read More

So, you’re considering applying for a marijuana retail license after the recreational adult use law is passed in New Jersey. The current version of Senate Bill No. 2703 (August 30, 2018) has several conditions that an applicant for a marijuana retail license must meet in order to have any chance of its application being approved.» Read More

While the “legal haze” of U.S. trademark registrations is undoubtedly challenging, brand owners of cannabis-related goods in the beauty and wellness industry are up to the challenge.  In the past five years, the trademark applications for these cannabis-related products have exponentially increased. » Read More

There is no question that our current administration is aggressively pushing to expand the Medical Marijuana Program (MMP) in New Jersey, separate and apart from pursuing legalization of adult use.  The number of patients registered in the MMP has doubled during the Murphy administration. » Read More

Cannabis is trending in the beauty and wellness industry.  More and more companies are infusing hempseed oil and CBD derived from hemp in salves, lotions, creams, oils, extracts, and lip balms, among other products.  Although the industry is taking off, the legal framework lags behind the expansion of the industry and broad acceptance of consumers to purchase these products. » Read More

Last Friday, I was invited to take a tour of Curaleaf New Jersey, one of the six authorized medical marijuana dispensaries in the state.  While there, I met with George Schidlovsky, President of Curaleaf New Jersey, and Bridgette Fonseca, Director of Dispensary Operations.» Read More

Many states have passed laws legalizing medical and/or recreational marijuana use. As a result, manufacturers of marijuana will need a place to conduct their business, and commercial landlords, many of whom were suffering with high vacancy rates, are more than eager to fill the need.» Read More

A “Farm to Flame” cannabis operation in Colorado has asked a U.S. Court of Appeals to preclude the Internal Revenue Service (IRS) from disallowing income tax deductions for certain business expenses incurred by marijuana companies. The IRS had previously concluded that these business expenses were not deductible as they were incurred in business operations that violate federal law.» Read More

In advance of the anticipated state legalization of recreational adult use marijuana, several North Jersey municipalities plan to adopt ordinances banning all marijuana businesses from operating within their borders. The recreational adult use marijuana bills currently being debated, which could be signed into law as early as this fall, empower local governments to decide whether they want to allow marijuana businesses to operate in their communities.» Read More

In my last post, I discussed how there can be federal barriers preventing certain businesses from entering the cannabis industry, despite state legalization.  Here, we discuss the importance of considering local laws.

Just like other businesses, one of the biggest, and most important, challenges a cannabis business may face is identifying a suitable location to operate. » Read More