Parody is a common type of marketing strategy, and has notoriously been prevalent in the cannabis space, particularly with flowers and edibles.  However, such use of another’s trademark or trade dress can be a recipe for litigation.  The case of Mondelëz Canada Inc.» Read More

As of July 1, 2019, the New York City Department of Health (DOH) started embargoing cannabidiol (CBD) food and beverage products. The DOH is basing this enforcement policy on the U.S. Food and Drug Administration’s (FDA) current position that it is unlawful to add CBD to food or beverages.» Read More

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

On May 2, the United States Patent and Trademark Office (USPTO) issued insightful guidance on its procedures for the examination of trademarks for cannabis-related goods and services. This guidance comes months after the passage of the 2018 Farm Bill, which decriminalized industrial hemp and CBD derived from industrial hemp.» 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

The new year is right around the corner, which will prove to be a truly new year for the industrial hemp industry and the crown jewel of hemp-derived consumer products: CBD.  As we have laid out in our previous two posts that you can read here and here, the already ubiquitous CBD has experienced tremendous growth in recent years. » Read More

In this second post in Legally Grown’s CBD holiday series, the Ghost of CBD Present looms large.  (You can check out the first post in this series here.)  We address what is happening now in the legal regulation of CBD-related goods and services, which is all-things-Farm-Bill. » Read More

CBD oil. CBD-infused food. CBD balms and beauty products. CBD pet products. CBD seems to be everywhere and on everyone’s news feeds these days. Indeed, these are exciting times for the hemp industry, as President Trump is set to sign the Agricultural Improvement Act of 2018 – a development that will fundamentally change the hemp industry in America.» Read More

New Jersey Attorney General Gurbir Grewal recently announced that all marijuana cases in municipal courts be adjourned through at least September and that has many people hopeful that New Jersey’s legalization of medical and recreational marijuana is forthcoming.  If the legalization does happen, it will have a significant impact on many industries; and not just those one traditionally thinks of to be in the cannabis business.» Read More