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May 20, 2019

Post-Farm Bill Importation of Industrial Hemp

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

May 14, 2019

3 Considerations for Businesses Looking to Grow/Sell/Distribute Hemp and Hemp Products in New Jersey

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

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 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

Feb 19, 2019

The Relationship Between FDA Regulations and Cannabis-Based Drug Patents

As already discussed in my earlier blog post here, patentability of cannabis-related inventions is well-settled, as the USPTO has been granting this type of patents for decades. As the FDA begins approving cannabis-based drug products, patent owners in this market space should pay careful attention to the interplay between FDA regulations and patents.» Read More

Feb 15, 2019

Trucker Arrested for Industrial Hemp Transportation Demonstrates Legal Implications for the Future of Cannabis Enforcement and Testing

By now some of you may have heard about the truck driver that was arrested for transporting nearly 7,000 pounds of industrial hemp in the truck he was hauling from Oregon to Colorado. This simple case presents critically important legal and technological issues that will likely plague the legal cannabis industry for years to come: enforcement and testing.» Read More

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