Cannabis Law Blog

Under the 2018 Farm Bill, CBD derived from industrial hemp falls outside the Controlled Substances Act, but CBD-infused food and beverages and dietary supplements must still comply with the Food, Drug, and Cosmetic Act and are subject to the authority of the FDA.  » Read More

I was honored to be a panelist at the New York City Bar Association’s event “The Cannabis Goldrush and the IP Landgrab” this week.  The title of my presentation was “Trends in Cannabis Patenting.”  I began with examples of the three types of patent (utility, design, and plant) before moving onto the somewhat related Plant Variety Protection Act. » Read More

Cannabis-related U.S. patents have been issued since at least the mid-1990s. We previously discussed the United Cannabis Corp. v. Pure Hemp Collective Inc. case in a previous blog post, in which a biotechnology company sued a vendor of cannabis extracts for patent infringement.» Read More

In New York, politicians typically favor incremental action rather than sweeping legislation.  This may explain the Legislature’s failure to legalize adult recreational marijuana this term.  However, the legislators have passed a bill, A08420, which amends New York penal law and criminal procedure law as they relate to criminal charges stemming from possession of small amounts of marijuana. » Read More

As the end of the legislative session in New York approaches tomorrow, Wednesday, June 19, Cy Vance, the Manhattan District Attorney, and David Soares, the Albany County District Attorney, emphasize the importance of passing the Marijuana Revenue and Taxation Act in an op-ed piece published in the New York Daily News.» Read More

Today, June 3, on the heels of the New Jersey Assembly and the New Jersey Senate approving the revised medical cannabis bill, known as A10, the New Jersey Department of Health (“DOH”) Division of Medicinal Marijuana issued a Request for Applications (“RFA”) to operate up to 108 additional Alternative Treatment Centers (“ATCs”). » Read More

On Friday, May 10, New York City adopted a law (Int. 1445-A) prohibiting employers, labor organizations, and employment agencies from conducting pre-employment drug testing for THC, the active ingredient in cannabis and marijuana. The law will become effective on May 10, 2020, which gives New York City employers one year to prepare.» Read More

As we previously blogged, the last subsection of the Agriculture Improvement Act of 2018 (the “Farm Bill”) amended the Controlled Substances Act (the “CSA”) to exclude “tetrahydrocannabinols in hemp,” where hemp “means the plant Cannabis sativa L. and any part of that plant . » Read More

This is an exciting time for cannabis law, and multitudes of individuals and businesses are finding themselves interested in or working with cannabis-related business issues.  From the purchase and sale of CBD, to the expansion of medical marijuana programs across the country, to the constant discussions and rumors swirling around pending or anticipated legislation, this truly is an interesting time to be involved in the cannabis industry.» Read More

According to the United States Citizenship & Immigration Services (USCIS), an immigrant who is seeking naturalization may lack the good moral character required to become a U.S. Citizen if they partake in the lawful purchase, possession, or consumption of marijuana. As many states are updating their laws by legalizing the medical and recreational use of marijuana, the USCIS is also updating its internal policies related to the adjudication of naturalization applications of lawful permanent residents who partake in the marijuana industry.» Read More