Cannabis Law Blog

As in many industries, early-stage companies in the cannabis space need capital. With traditional financing limited, outside investment becomes a possibility, but in seeking investors, the company needs to comply with federal and state securities laws. A September 2018 Investor Alert from the United States Securities and Exchange Commission provides warning signs for investors about the uptick in fraud in the cannabis space.» Read More

Due to the COVID-19 virus-related filing and payment extensions recently announced by the U.S. Treasury Department and IRS, taxpayers now have an additional three months until July 15, 2020 – to prepare and file their 2019 federal income tax returns.» Read More

After several stalled attempts to pass a recreational marijuana law through legislation in New Jersey, voters will finally get the chance to decide the issue at the polls in November 2020.

On December 16, 2019, the New Jersey legislature approved a referendum putting the question of whether to legalize adult-use marijuana on the state’s 2020 general election ballot.» Read More

Unlike other states, such as Colorado, California, and even Maryland, here in New Jersey, our laws concerning the advertising and marketing of cannabis products are sparse.

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The New Jersey medicinal marijuana program continues to expand its list of qualifying conditions.

As more New Jersey residents become qualified for medical marijuana and more Alternative Treatment Centers (ATCs) open their doors across the Garden State, regulations for the disposal of waste from marijuana operations are being considered.» Read More

Fraud and scam artists have been and will always be present in any industry or business community (with Enron and Bernie Madoff only being two of the most recent such examples), and the cannabis industry has already seen a few such characters in its short (legal) history, with more certainly to follow.» Read More

As one might expect from the title “Federal Food, Drug, and Cosmetic Act,” the Food and Drug Administration (“FDA”) has broad authority.

Introduction

Since the approval of the drug EPIDIOLEX® CV, which has cannabidiol (“CBD”) as an active ingredient, the FDA has taken the position that some products containing CBD are unapproved drugs or unapproved dietary supplements.» Read More

Owners and operators of a company (whether organized as a corporation or a limited liability company (LLC)) involved in the cannabis industry must remember that the company is also a business that is a separate legal entity.

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Spare a thought for plant patents, which are often the forgotten children of the patent system.

While utility patents address “any new and useful process, machine, manufacture, or composition of matter . . . ” (e.g., the better mousetrap) and design patents address “any new, original and ornamental design for an article of manufacture . » Read More

The hemp plant reportedly has over 20,000 different uses, from rope and cloth, to building materials, to medicine, and much more. Despite hemp’s unique versatility, it currently gets the most attention for a single distillate: CBD.

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