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Lanham Act Preemption of State Law Where Cannabis Trademarks Are At Issue

Cannabis Law Report

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. But what about state or common law rights in trademarks for cannabis products? Kiva Brands registered its trademarks in the State of California in 2018.

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ABC News (USA): Cannabis bust on Indigenous land highlights legal divide

Cannabis Law Report

drug enforcement priorities on Native American lands, as more states roll out legal marketplaces for recreational pot. drug enforcement priorities on Native American reservations, as more states roll out legal marketplaces for recreational pot sales. SANTA FE, N.M.

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Pot in the can: Why can’t inmates get medical marijuana?

The Cannigma

While there may be common sense to such a proposal, it would border on science fiction in the United States. Federal cannabis prohibition and a culture of law enforcement antagonism has cut off access to medical marijuana for prisons, including in states where it is legal — and even long after inmates leave the prison walls.

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Marijuana Arrests Drop Rapidly in Illinois’ Top 5 Largest Suburbs

The Joint Blog

. “A major reason for the decline in arrests is a 2016 change in state law that moved to issue citations instead of arrests for possession of small amounts of marijuana”, states the AP. It’s just applying what the law states.”. The real mindset is, what’s the big deal?” Christopher Botzum said.

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Article: Why the Harborside Tax Ruling is a Big Win for the U.S. Cannabis Industry

Cannabis Law Report

Many in the industry have bemoaned the law claiming it is a prohibition tax law still in place during a time when cannabis is growing into a billion-dollar industry. In 2018, the company urged the court to exclude state-legal cannabis companies. This rule can drive some cannabis business tax rates to 70%.

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Tax Court’s decision in Harborside A Big Challenge For CA Cannabis Dispensaries

Cannabis Law Report

PUBLISHER: CANNABIS LAW REPORT. million for the fiscal years 2007 through 2012. The reduction includes $6 million in penalties that the court previously ruled we did not need to pay because of the unclear state of the law, and because Harborside acted in good faith,” said Harborside CEO Andrew Berman.

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Section 280E and The Taxation of Cannabis Businesses

Cannabis Law Report

This revenue growth has been driven by an increasing number of states opting to legalize marijuana. 13] Despite legalization in at least 31 states (and the District of Columbia) and approval for medical use in nine states, federal law continues to classify cannabis as a “controlled substance” under schedule I of the CSA. [14]

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