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Legally Grown

Cannabis Law Blog

Exploring legal issues for the cannabis industry.

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Dec 20, 2018

The Ghost of CBD Past

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

Dec 18, 2018

After Months of Waiting, Six New Jersey ATC Facilities Are Announced

Applicants for the six additional vertically-integrated ATC facilities have been waiting months to find out if their applications would be successful. After combing through 146 applications and over 43,000 pages of application materials, the New Jersey Department of Health has announced the following winners:

  • North Jersey: NETA NJ LLC (Phillipsburg) and GTI New Jersey (Paterson)
  • Central Jersey: Verano NJ LLC (dispensary in Elizabeth and cultivation in Rahway) and Justice Grown (Ewing)
  • South Jersey: MPX New Jersey (dispensary in Atlantic City and cultivation in Galloway) and Columbia Care New Jersey (Vineland)

It is not surprising that the successful applicants will be operating in highly-populated municipalities, most of which are in need of economic stimulus.» Read More

Nov 30, 2018

Patentability of Cannabis-Related Inventions

The United States Patent and Trademark Office (USPTO) has been issuing cannabis-related utility patent applications for decades and applies the same legal standard when reviewing as it does to all other inventions. The validity and enforceability of these issued patents remains less clear.» Read More

Nov 07, 2018

New Jersey Marijuana Social Lounges

So, you’re considering applying for a marijuana retail license after the recreational adult use law is passed in New Jersey. The current version of Senate Bill No. 2703 (August 30, 2018) has several conditions that an applicant for a marijuana retail license must meet in order to have any chance of its application being approved.» Read More

Oct 31, 2018

Trademark Applications for Cannabis-Based Beauty and Wellness Products Rise Exponentially

While the “legal haze” of U.S. trademark registrations is undoubtedly challenging, brand owners of cannabis-related goods in the beauty and wellness industry are up to the challenge.  In the past five years, the trademark applications for these cannabis-related products have exponentially increased. » Read More

Oct 24, 2018

Medical Cannabis: Have You Checked the NJPMP?

There is no question that our current administration is aggressively pushing to expand the Medical Marijuana Program (MMP) in New Jersey, separate and apart from pursuing legalization of adult use.  The number of patients registered in the MMP has doubled during the Murphy administration. » Read More

Oct 22, 2018

Cannabis in the Beauty and Wellness Industry: Regulations and Best Practices

Cannabis is trending in the beauty and wellness industry.  More and more companies are infusing hempseed oil and CBD derived from hemp in salves, lotions, creams, oils, extracts, and lip balms, among other products.  Although the industry is taking off, the legal framework lags behind the expansion of the industry and broad acceptance of consumers to purchase these products. » Read More

Oct 18, 2018

Learn More About Running a Medical Marijuana Dispensary at the NJ Cannabis Summit on Wednesday!

Last Friday, I was invited to take a tour of Curaleaf New Jersey, one of the six authorized medical marijuana dispensaries in the state.  While there, I met with George Schidlovsky, President of Curaleaf New Jersey, and Bridgette Fonseca, Director of Dispensary Operations.» Read More

Oct 08, 2018

Commercial Landlords Must Assess Risk Before Leasing to Marijuana Providers

Many states have passed laws legalizing medical and/or recreational marijuana use. As a result, manufacturers of marijuana will need a place to conduct their business, and commercial landlords, many of whom were suffering with high vacancy rates, are more than eager to fill the need.» Read More

Sep 18, 2018

IRS Authority to Determine Violations of Controlled Substances Act Challenged

A “Farm to Flame” cannabis operation in Colorado has asked a U.S. Court of Appeals to preclude the Internal Revenue Service (IRS) from disallowing income tax deductions for certain business expenses incurred by marijuana companies. The IRS had previously concluded that these business expenses were not deductible as they were incurred in business operations that violate federal law.» Read More

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