Canna Law Blog

AUGUST 29, 2020

This week, Veritas Farms filed a Motion to Dismiss on this premise, arguing that VFC admitted in its own pleadings that it does not actually possess the common law federal trademarks it seeks to enforce. 2013) (citations omitted). The defendant’s use is likely to confuse consumers. 1-800 Contacts, Inc. Lens.com, Inc. ,

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Cannabis Law State Laws Legalization 90

Cannabis Law Report

SEPTEMBER 23, 2022

Under current California law, cannabis licensees are not permitted to “transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state, unless authorized by federal law.” [1] Federal law, of course, also does not permit interstate transfer of cannabis.

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Cannabis Law Report

MARCH 17, 2020

Federalism and the current conflict between federal and state law. As of October 16, 2019, 34 states have legalized the medical the use of marijuana. Thirteen additional states have legalized the medical use of low THC marijuana. Also, eleven states have legalized the recreational use of marijuana.

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Compliance Compliance State Laws Law 59

Canna Law Blog

SEPTEMBER 3, 2020

is relevant and material to a legitimate law enforcement inquiry.” The feds also used the Supremacy Clause in their arguments to bypass the application of any California cannabis or privacy laws or regulations previously touted by the BCC in its letter earlier this year. and nothing else.

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Cannabis Law Report

JUNE 6, 2019

AUTHOR: Patrick Goggin and Ashley Simpson , Hoban Law Group. PUBLISHER: CANNABIS LAW REPORT. CBD is safe to use for human and animal consumption), and the issue of including CBD as a food ingredient/additive or dietary supplement under California state law will be resolved.

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Hemp Legislation Food Consumption 66

Cannabis Law Report

JANUARY 16, 2019

We are pleased to hear Mr. Barr intends to respect state marijuana laws if he is confirmed as our next attorney general. His reference to the Cole memo suggests that he will maintain the policy of non-interference that has existed since August 2013. Attorney General Nominee Vows to Respect State Marijuana Laws.

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Media Policy Law Cannabis 55

Cannabis Law Report

MAY 30, 2019

The Court’s conclusion that the Arizona Medical Marijuana Act protects hashish (legally termed cannabis) is akin to finding that explosives produced from fertilizer are protected by laws allowing the sale of farm products. The United States Supreme Court has long recognized that Congress controls what is medicine in the U.S.,

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SpeedWeed

JULY 20, 2021

The House will pass legislation early next year to put this question before the voters but we need to start looking at changes needed to State law now.”. Maryland legalized cannabis for medicinal purposes in 2013, but despite strong support for continued reform, recreational marijuana is still illegal.

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Canna Law Blog

MARCH 19, 2019

Our California hemp lawyers regularly get asked about the laws and regulations about growing hemp in California, manufacturing hemp products, and shipping those products around the country. I’ve written about the various hemp laws in California and how confusing they are previously (see here and here ).

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Cultivation Hemp Agriculture Food 74

Cannabis Law Report

NOVEMBER 22, 2019

PUBLISHER: CANNABIS LAW REPORT. She is currently a law school professor teaching Marijuana and the Law at California Western School of Law and researcher under a contract with NHTSA and NORC on the topic of the prosecution of drugged driving cases. Yet another factor is specifically related to law enforcement.

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Research and Development Law Collective Concentrates 71

Canna Law Blog

SEPTEMBER 24, 2020

Foreign investors though have a special set of issues to deal with when it comes to cannabis, and they don’t necessarily stem from state law licensing issues. cannabis industry, whether ancillary or direct, is ultimately at odds with our immigration laws. Any direct or peripheral involvement in the U.S.

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Business Cannabis Legalization Law 71

Canna Law Blog

SEPTEMBER 28, 2019

A recent federal court decision addresses the relationship between the Controlled Substances Act, the Individuals With Disabilities Education Act (“IDEA”), and state laws permitting the medical use of cannabis. Student”) was born in 2013. Where state and federal law conflict, federal law wins.).

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Canna Law Blog

NOVEMBER 13, 2021

With the passage of SB 420 , this collective system was formalized and, with the advent of the 2008 Guidelines issued by the State Attorney General’s Office, more details around “compliance” and best practices were provided; but it was nothing like we have today under Prop. 64 and MAUCRSA. Enforcement.

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Compliance Compliance Programs Collective 75

Connor & Connor PLLC

JULY 5, 2018

Despite more states continuing to legalize marijuana for medical and/or adult use, it is important to know that there are still limitations on traveling with marijuana. Huntleigh United States Corp., 12 In some instances, federal funding may be used to coerce states and entities to comply with federal goals.

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Marijuana Recreational Law Legalization 45

Cannabis Law Report

AUGUST 30, 2019

Even the federal government is beginning to change course: Early this year, President Obama predicted that if enough states decriminalize marijuana, Congress might remove it from the list of Schedule I drugs, and he has informed officials in Washington and Colorado that the Justice Department will not prosecute anyone who complies with state laws.

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Cannabis Law Report

OCTOBER 24, 2019

PUBLISHER: CANNABIS LAW REPORT. 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. AUTHOR: aBIZinaBOX Inc. CPAs – Jordan S.

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Cannabis Law Report

AUGUST 8, 2019

Law Commission published a report, “Anti-money laundering: the SARs regime”, highlighting the need for guidance on transactions involving the legal cannabis industry in Canada and elsewhere. The relevant criminal conduct was not, at the time it occurred, unlawful under the criminal law then applying in that territory, and. In the U.S.,

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Cannabis Law Report

MAY 1, 2019

PUBLISHER: CANNABIS LAW REPORT. In February of this year, the California Bureau of Cannabis Control (“CBCC”) sent a letter to Weedmaps.com alleging that the website was “engaging in activity that violates state cannabis laws.” If nature abhors a vacuum, Congress abhors any space not yet filled with federal laws.

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Cannabis Law Report

OCTOBER 12, 2021

In 2013 after divesting of the As Seen on TV brand, Kevin joined the board of directors of an emerging start-up in the functional beverage space; Celsius Holdings Inc. He has worked with amazing celebrities like Billie Mays , Tony Little , Jack Lalanne , and George Foreman to name a few. SOURCE Hollister Biosciences Inc.

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Extraction Business Hash Events 52

Cannabis Law Report

MAY 26, 2022

Instead, adult-use dispensaries in the state are proving the system works by checking IDs as required by state law. Objective: Since 2012, 19 states and the District of Columbia have legalized the recreational use of marijuana for adults ages 21 and older. Marijuana use at any level can impair driving performance.

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Dispensary Research and Development Safety Recreational 52

Miss Marijuana

APRIL 23, 2019

I have been off pharmaceutical anti-depressants since 2013, after spending the past 15 on. I am currently running a small CBD business called Cook Proper and within that business I help teach medicinal card holders how to use their medicine without having to roll a joint (which is illegal by PA state law).

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Business Oil Education Medicine 15

Cannabis Law Report

DECEMBER 1, 2019

Despite legalization in the majority of states, however, federal law (i.e., This conflict between federal and state law has raised concerns among CPAs providing services to the marijuana industry. Barr also noted that Congress needs to make a decision as to whether federal law should be changed or followed.

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Marijuana Business State Laws DEA 59

The Joint Blog

JUNE 11, 2019

The best quality cannabis seeds are available from across the world without any laws prohibiting the use. Commercial cannabis activities require nothing more than a state license and local approval. This act set the framework and blueprint for the future laws of the rest of the United States.

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Law Marijuana Seed-To-Sale Medicine 36

SpeedWeed

SEPTEMBER 7, 2021

That’s about the best they can do currently, at least at the federal level, said Neil Juneja, a Seattle-based trademark attorney who specializes in cannabis law. A state-authorized trademark would protect the company’s logo at least within the borders of Arizona, giving the brand “a small amount of protection,” Slosburg said.

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Vaping Oil DEA Packaging 52

Connor & Connor PLLC

MARCH 9, 2018

In 2013, the Nevada Legislature authorized a state regulated commercial marijuana industry and since then it’s been a rapidly growing business. Let’s explore the top five things you must know about marijuana law in Nevada, and why it’s a good idea to have a knowledgeable lawyer in your corner. Constantly Evolving Laws.

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Law Marijuana Seed-To-Sale Business 51

Canna Law Blog

FEBRUARY 12, 2019

However, now that Sessions is out at the helm of the DOJ, industry folks can breathe a little easier where new Attorney General nominee William Barr has gone on record stating that state-law abiding cannabis businesses will not be prosecuted by the DOJ and essentially that the 2013 Cole Memo will be back from the dead.

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Policy Law Marijuana State Laws 59

Canna Law Blog

OCTOBER 31, 2021

Banking reform is much more likely to happen before Congress decides to mess with 280E (despite the fact that certain law firms continue to try to pull off Hail Marys in tax court litigation to eliminate or reduce the draconian effect of 280E). 280E and banking reform. None of this lives in a gray area.

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Banking Cannabis Business Legalization 98

Cannabis Law Report

JULY 16, 2021

The proposed legislation, which would remove cannabis from the federal list of controlled substances and help end the long practice of targeting communities of color, would remove legal confusion and allow states to craft and enforce their own cannabis laws. Insa is a vertically integrated state-of-the-art cannabis organization.

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Canna Law Blog

APRIL 5, 2023

And when I talk about enforcement, I’m not talking about throwing people in jail for violating the Medicinal and Adult Use Cannabis Regulation and Safety Act– that isn’t even really possible anymore under state law. California is a heavy “local control” state when it comes to cannabis.

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Banking History Dispensary Legalization 75

Canna Law Blog

AUGUST 2, 2020

Keep in mind that to warrant federal attention at this point (at least per the rescinded 2013 Cole Memo and U.S. A/G Barr’s testimony regarding the same) a cannabis business would likely need to be engaged in fairly serious criminal conduct beyond just trafficking in cannabis pursuant to a state-issued license.

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Canna Law Blog

FEBRUARY 18, 2020

At this point, it probably feels to most people like the federal government is standing down when it comes to state-legal cannabis and cannabis businesses. It started back in 2013 with the Cole Memo when U.S. Attorneys to go after state-legal cannabis according to the resources and priorities in their own jurisdictions.

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Business Cannabis Law State Laws 124

Cannabis Law Report

FEBRUARY 25, 2020

KHB argued that KBI did not have a cognizable claim that it was the senior user of the KIVA mark because (a) its products are illegal under federal law and (b) KBI was not formed until 2014 and so could not demonstrate consistent use of its marks before 2013, when KHB began use. Kiva Health Brands LLC v. Kiva Brands Inc. ,

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Law Cannabis Food State Laws 59

SpeedWeed

MARCH 10, 2021

. “I do think we need to be sure there are no end-runs around the state laws that criminal enterprises are doing. But I don’t think it’s a good use of our resources, where states have already authorized. That only confuses people, obviously, within the state.” So that kind of enforcement should be continued.

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Policy Decriminalization Cannabis Marijuana 52

Canna Care Docs

JANUARY 4, 2018

attorneys from seeking federal legal action against individuals and businesses who engage in marijuana activities (except for some very specific circumstances) in states where medical and/or recreational marijuana is legal by state law. Attorneys across the United States. In the interim, it will be up to the U.S.

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Marijuana Patients Business Legalization 75

Canna Law Blog

JUNE 26, 2020

” Perez may be right that in the grand scheme of things, these cannabis claims are a tangent, but we are the Canna Law Blog and a story about the DOJ, federal antitrust law, and cannabis mergers is what we call a feature! Perez’s article even refers to these cannabis claims as a “tangent.”

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Cannabis Business Law Marijuana 81

SpeedWeed

DECEMBER 28, 2018

And then you scroll a little further down and discover that the new Farm Bill is going to legalize hemp farming in the United States for the first time in eighty years ( huzzah!). Or that Thailand is blazing a trail in Asia—where cannabis laws are often draconian and harshly enforced—by legalizing medical use ( yes! ).

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Pharmaceutical Research and Development Legalization CBD 40

NORML

JANUARY 15, 2019

. “It is encouraging that William Barr pledged not to enforce federal marijuana prohibition against the majority of US states that have reformed their laws. Thirty-three states, Washington, D.C. Additional states have passed laws specific to the possession of cannabidiol (CBD) oil for therapeutic purposes.

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