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

Cannabis Law Report

The United States Patent and Trademark Office has maintained its refusal to register trademarks for most cannabis-based products on the ground that use of those products is federally unlawful. But what about state or common law rights in trademarks for cannabis products? Kiva Brands, Inc. USANA Health Scis.,

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Montana: Great Falls couple files suit against marijuana sale ban within city limits

Cannabis Law Report

However, Great Falls’ outright ban of sales within city limits is in violation of state law because cities and counties can only ban sales through a local referendum vote, which has not happened in Great Falls or Cascade County. The city’s ban violates state law and goes against the clear will of the people.”.

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New Orleans: City Eliminates Penalties for Marijuana Possession, Vacates Thousands of Past Convictions

Cannabis Law Report

A separate ordinance passed by the city clears the criminal records of anyone convicted since 2010 of a low-level marijuana possession offense. Unlike New Orleans’ municipal ordinance, the new state law neither provides relief for those with prior convictions nor does it eliminate fines for those who possess small quantities of the plant.

Policy 105
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Arizona Ruling On Medical Cannabis & Hashish Due

Cannabis Law Report

Last summer, the Arizona Court of Appeals ruled against Jones and found medical marijuana patients still face arrest for hashish possession because the drug isn’t mentioned or included by name in the state’s 2010 voter-approved medical cannabis law. Source: [link].

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United States: New Jersey Court Upholds Arbitration Of Employee’s Discrimination Claims Arising From His Use Of Medical Marijuana

Cannabis Law Report

is important because it is the first reported decision in New Jersey to expressly find that the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD), N.J.S.A. The employee (Antonucci) was hired by the employer (Curvature) in 2010 and is a “lawful user of medical marijuana.”

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Article: In the Weeds: Marijuana Legalization & Employment Laws

Cannabis Law Report

Network of Trial Law Firms – July 29, 2019. Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. 1] As of the date of this article, thirty-three states and Washington D.C. have legalized medical marijuana use, and 11 states have legalized recreational marijuana use. [2].

Law 40
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Arizona Supreme Court To Take A Look At Medical Cannabis Extracts Legal Status

Cannabis Law Report

The medical-marijuana community has been on edge over the issue since June, when the state court of appeals ruled 2-1 that THC-bearing resin from marijuana plants, and the products that contain it, were not protected by the 2010 Arizona Medical Marijuana Act.