The cannabis industry is heavily dependent on real estate: cannabis needs to be grown, processed, and sold, and you can’t do any of that without physical space. Marijuana remains a federally-controlled substance in the United States, creating a conflict with the laws of many U.S.» Read More
The recent Tenth Circuit decision of Feinberg v. Commissioner of Internal Revenue reminds cannabis businesses that as long as marijuana remains a Schedule I controlled substance under federal law, they will not be permitted to take deductions for business expenses. However, these businesses may still reduce their gross income by their cost of goods sold (COGS). » Read More
In a recent decision, the Trademark Trial and Appeal Board (TTAB) permitted the application for the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through network or cable TV and the internet” to proceed with federal trademark registration. » Read More
As already discussed in my earlier blog post here, patentability of cannabis-related inventions is well-settled, as the USPTO has been granting this type of patents for decades. As the FDA begins approving cannabis-based drug products, patent owners in this market space should pay careful attention to the interplay between FDA regulations and patents.» Read More
By now some of you may have heard about the truck driver that was arrested for transporting nearly 7,000 pounds of industrial hemp in the truck he was hauling from Oregon to Colorado. This simple case presents critically important legal and technological issues that will likely plague the legal cannabis industry for years to come: enforcement and testing.» Read More
As mentioned in our prior blog post here, on December 20, 2018, President Trump signed into law the Agricultural Improvement Act of 2018 (the “Farm Bill”). The bill de-scheduled hemp from being a federally controlled substance, and legalized hemp-derived cannabidiol (“CBD”) provided it meets the legal definition of industrial hemp. » Read More
Last year I blogged about the NFL’s aggressive enforcement of its trademark rights in the SUPER BOWL mark on Norris McLaughlin’s More Than Your Ma®k blog. (You can check out that post here.) The NFL clearly understands that trademarks are a mainstay of its brand and so, unsurprisingly, acts aggressively to protect them. » Read More
The presence of legalized medical marijuana has not only been increasing throughout New Jersey, but nationwide, and it appears this trend will continue. Currently, medical marijuana is not covered under health insurance plans in the U.S. and it is likely to remain that way if it remains a Schedule I drug.» Read More
Governor Andrew M. Cuomo’s State of the State address detailed his progressive plan that included legalizing recreational use of marijuana. The Governor’s proposal was motivated by the swelling popular support for recreational marijuana use and by his estimated $300 million in tax revenues that would eventually be generated. » Read More
