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Legally Grown

Cannabis Law Blog

Exploring legal issues for the cannabis industry.

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May 06, 2019

Smoking Lawful Weed May Cost You Citizenship

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

May 03, 2019

What Cannabis Brand Owners Need to Know About the USPTO’s Recent Guidance on Cannabis Trademarks

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

Apr 26, 2019

In the News: The Hazards of Hauling Hemp

Eric Alvarez, an Associate of law firm Norris McLaughlin, P.A., was quoted in “The Hazards of Hauling Hemp” by truckinginfo.com following his Legally Grown blog post, “Trucker Arrested for Industrial Hemp Transportation Demonstrates Legal Implications for the Future of Cannabis Enforcement and Testing.”

“Cannabis” is a general term used for both hemp and marijuana plants, [Eric] explain[s].» Read More

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

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