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Legally Grown

Cannabis Law Blog

Exploring legal issues for the cannabis industry.

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Apr 22, 2019

It’s CBD, Not THC, I Swear: The Need to Know Your Cannabis Product

Cannabidiol, a cannabinoid found in the cannabis plant, more commonly known as “CBD” (or what sellers are claiming to be CBD) can be found everywhere – on the Internet and social media, and at wellness centers, grocery stores, pharmacies, and convenience stores.  » Read More

Mar 29, 2019

Delays in New York’s Push to Legalize Recreational Adult Use of Marijuana

Governor Andrew Cuomo’s “high” hopes to legalize adult recreational use of marijuana in New York in conjunction with the state budget for 2020 has dissipated.  His state budget proposal for 2020 due April 1, 2019, will not likely include legalization, dampening the dreams of Cuomo’s estimated tax revenue of $300 million over three years flowing into the state from such legalization.  » Read More

Mar 26, 2019

Mundane Monday: New Jersey Senate Postpones Vote on Legalized Adult Use Marijuana

What originally looked like an exciting beginning of the week turned out to be a false start.  And when it doesn’t look like you’ll get to the endzone, sometimes it is best to punt.  That was the route chosen by the New Jersey Senate on Monday when it postponed its vote on S2703, which would legalize adult use marijuana in New Jersey.» Read More

Mar 21, 2019

Manic Monday: Will Monday, March 25, 2019 Be the Day Adult Use Marijuana Is Legalized in New Jersey?

Talks Heat Up After Hibernating Through Winter

After a fairly quiet winter, efforts to pass a bill legalizing adult use marijuana in New Jersey have ramped up.  It is being reported that Governor Murphy and top legislators reached agreement on the sticking points that were holding up the adult use bill. » Read More

Mar 05, 2019

Money Doesn’t Grow on Trees: Financing Your Cannabis Real Estate

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

Mar 01, 2019

Once Again, the Tenth Circuit Says “Yes” to Cost of Goods Sold and “No” to Business Expense Deductions for Cannabis Businesses

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

Feb 21, 2019

The Trademark Trial and Appeal Board Permits CANNABIS CANNIBALS to Proceed with Federal Trademark Registration

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

Feb 19, 2019

The Relationship Between FDA Regulations and Cannabis-Based Drug Patents

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

Feb 15, 2019

Trucker Arrested for Industrial Hemp Transportation Demonstrates Legal Implications for the Future of Cannabis Enforcement and Testing

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

Feb 04, 2019

The FDA’s Position on Regulating Cannabis Products Post-Farm Bill

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