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

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

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

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

Trademark registration and enforcement are vital to any brand owner’s ability to build brand recognition and value.  However, trademark owners of cannabis goods and services will find trademark registration highly challenging because the United States Trademark Office’s current position is to deny registrations for goods and services that involve marijuana. » Read More