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Legally Grown

Cannabis Law Blog

Exploring legal issues for the cannabis industry.

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Nov 14, 2019

New Jersey Marijuana Waste Disposal Requirements for Dispensaries and Alternative Treatment Centers

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

Oct 24, 2019

Cannabis Businesses Selling CBD and Hemp Products: A Target for FDA and FTC

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

Oct 10, 2019

The USPTO Issues First Hemp Plant Variety Patent; Expect More to Come

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

Aug 28, 2019

NCUA Issues Banking Guidelines for Hemp Businesses

While the SAFE Banking Act remains in limbo, the hemp industry received some long overdue good news regarding banking cannabis businesses from the National Credit Union Administration (“NCUA”) with the release of interim guidelines that allow credit unions to provide banking services, including loans, to legally operating hemp businesses. » Read More

Aug 19, 2019

Industrial Hemp Farmers in Need of Federal Crop Insurance

Cannabis businesses are not immune to the harsh realities of any other business. In fact, they likely deal with even more difficult challenges than more traditional businesses. For example, most businesses—if not all—should have some form of insurance and, without insurance, a business’s only remedy may be to resort to and/or be subject to the court system.» Read More

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