Canna Law Blog

APRIL 25, 2025

State law is unlikely to provide a useful backstop. And it happens ALL the time in cannabis. In this is case, the partners need to be prepared to kiss their business goodbye or end up in expensive or acrimonious litigation for a few years.

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Canna Law Blog

JUNE 26, 2025

Because state law and not federal law regulates the right of publicity, it is not subject to the same restrictions based on legality of use as federal trademarks. Though trademark registrations are at play for many of these brands, the rights of publicity of the celebrities are at the center of each of these branding deals.

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Canna Law Blog

JUNE 19, 2025

regulations around cannabis provision and sale—including those around packaging, labeling and warnings—are left to the states. copycat” lawsuits ensue, they would be on a state-by-state basis, implicating state law claims. As with Health Canada, though, U.S.

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Canna Law Blog

JUNE 2, 2025

The updated policy, effective June 1, has far-reaching consequences for small businesses operating in compliance with state law (and for some, in compliance with federal law) – especially those selling hemp-derived foods, supplements, and cosmetics (collectively, Consumable Hemp Products).

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Canna Law Blog

MARCH 3, 2025

The cannabis industry is expanding nationwide, but securing trademark protection remains a complex challenge due to federal restrictions and evolving state laws. If youre a cannabis business owner, lawyer, or entrepreneur looking to protect your brand, you wont want to miss our upcoming webinar on cannabis and trademarks.

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Cannabis Law Report

FEBRUARY 14, 2020

Consumer products law blog. Class actions against CBD companies proliferate under federal and state law. Class actions against CBD companies proliferate under federal and state law.

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Cannabis Law Report

DECEMBER 28, 2021

On January 1, 2022, two new state laws will become effective in Illinois and Oregon and could cause significant disruption to the vapor industry. We provide background on the legislation and discuss the potential implications for the sales of vapor products in the respective states. Blog: The Continuum of Risk.

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Canna Law Blog

JANUARY 19, 2019

It still makes clear that bringing cannabis into a jurisdiction would be unlawful where it would violate the laws of that jurisdiction. It’s not yet totally clear how this would play out for permit holders in states with current regimes, i.e., whether they would have to get federal permits and/or what criteria they’d be held to.

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Cannabis Law Report

JUNE 8, 2021

The FDA’s role in the cannabis legal landscape, and how the lack of leadership and regulation has led to complex state-by-state laws CBD companies must navigate. The lawful questions surrounding the incorporation of CBD into foods, beverages, and supplements, and the legal boundaries regarding health claims on Hemp products.

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Cannabis Law Report

MARCH 29, 2019

An-Chi Tsou is the principal at Tsou Consulting, LLC, specializing in state and local regulatory and legislative compliance, guidance, and advocacy. As most people know, state law provides very generous authority to local jurisdictions regarding operational requirements and standards. Authored By: An-Chi Tsou.

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Cannabis Law Report

AUGUST 24, 2019

Secure and Fair Enforcement (SAFE) Banking Act, which would shield banks from federal prosecution as long as the cannabis businesses that they serve are compliant with the state laws where they operate. We’ll be sure to track their movement on our blog and report back as appropriate. Source: [link].

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Cannabis Law Report

AUGUST 5, 2021

However, as a matter of federal law, products containing less than 0.3% Lastly, the new law establishes a nine-member commission to study federal and state laws regarding medical marijuana to establish a marijuana program in Tennessee upon the federal government reclassifying marijuana as a Schedule I controlled substance.

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Cannabis Law Report

JUNE 4, 2020

Relying on the regulatory and legal uncertainty surrounding cannabidiol (CBD), Food and Drug Administration statements and state laws, several class actions have been filed since … Read More.

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Cannabis Law Report

JANUARY 13, 2020

So while the actual practice or use of a patented cannabis-related invention may be illegal under federal or some state laws, such illegality should not preclude issuance of a patent, if all of the requirements of patentability are met. However, there is no express legality requirement for patent eligibility.

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Canna Law Blog

NOVEMBER 30, 2019

So stay tuned to the Canna Law Blog as we continue to cover developments on the Hemp CBD front in California. Ultimately, there is no great answer to the question “is Hemp CBD really unlawful in California?”,

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Canna Law Blog

MARCH 4, 2020

Similar to ketamine, psilocybin has shown great promise in clinical trials for helping to effectively treat depression and PTSD (and we’ve written about psilocybin several times on this blog, including here and here ). Failure to follow these very specific legal directives can lead to immediate criminal liability under federal law.

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NewsMunchies

JULY 1, 2021

Constitution protected its reasonable expectation of privacy with respect to the information sought by the IRS because it was filed with Colorado’s Marijuana Enforcement Division pursuant to a state law that criminalizes its disclosure. Rate this blog post. However, the 10th U.S. In sum, Justice Thomas’ remarks are something.

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Greenspoon Marder Cannabis Law Group Blog

JANUARY 3, 2020

On December 31, 2019, as part of the new state law, Illinois Governor JB Pritzker granted more than 11,000 pardons for low-level marijuana convictions. ” As always, we’ll keep an eye on Illinois and other emerging cannabis markets on the blog this year. Check back soon!

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Canna Law Blog

OCTOBER 3, 2019

Before I get started, I want to provide a disclaimer for the non-lawyer readers of the blog. For those that do take the plunge, here are a few tips that were discussed on the Ethics panel in Chicago: Make sure that your client understands that marijuana is illegal under federal law and that nothing in state law changes that.

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Marijuana Law Legalization Hemp 73

Veriheal

AUGUST 13, 2021

Check out our blog for more info. For instance, in North Carolina where cannabis is still very much illegal, the Cherokee nation in the western part of the state has legalized medical cannabis within their jurisdiction. But do note, people who leave tribal land with their purchases would be subject to state laws.

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NewsMunchies

MAY 16, 2023

On the legal front, thanks to disparate state laws surrounding cannabis legalization, AI can ensure companies comply with legal limits for THC content and mitigate the risk of costly fines and legal issues for those not in compliance. For both consumers and companies alike, AI fosters a strong sense of optimization and efficiency.

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Canna Law Blog

FEBRUARY 26, 2019

This provisional licensing scheme was essentially intended to replace the temporary licensing scheme that only ran through January 1, 2019 per state law. As noted above, and as most readers of this blog are probably aware, the temporary license scheme ended in late 2018.

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Canna Law Blog

AUGUST 29, 2019

If you’ve been reading this blog at all, you’re probably familiar with the City of LA’s ultra-competitive retail licensing process that’s about to open up for 100 social equity applicant businesses, Pasadena’s recent process for 14 total licenses, or Culver City or West Hollywood’s previous competitive licensing processes.

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Cannabis Law Report

DECEMBER 30, 2022

By Slates C.

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The Blunt Truth

MAY 21, 2019

See our recent blog concerning a related Arizona court decision. Drug policies must be updated and must address discrimination concerns. To that end, we are closely monitoring new forms of discrimination claims from medical marijuana users and regarded-as disabled employees. Bills are pending in the House and Senate.

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Otherside Farms

DECEMBER 4, 2020

government’s regulation states hemp is any plant under 0.3% Growing hemp is an easy process under the new federal laws. Marijuana cultivation, on the other hand, is regulated by individual state laws. For more information on marijuana and hemp, browse our blog. THC content. What Is Hemp Used For?

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Dykema (Cannabis Law Blog)

FEBRUARY 22, 2022

As sovereign nations, tribes can generally make their own rules for their business ventures and members on tribal lands, with state law potentially applicable only in sharply limited circumstances. Generally speaking, tribes regulate and operate their businesses free from state regulation.

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Canna Law Blog

APRIL 2, 2019

As you may recall, this is one of several cases tracked by this blog in which a group of residential property owners displeased with alleged deleterious effects of a marijuana production or processing facility on nearby land seek relief in a civil RICO action. We have discussed Ainsworth here and here.

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Canna Law Blog

FEBRUARY 2, 2020

On January 31, 2020, NCDA sent a letter to hemp licensees stating that the future of the state’s hemp program was uncertain due to the decision not to submit a plan to the USDA. Attorney Rod Kight provides a copy of this recent letter on his blog, Kight on Cannabis.

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Canna Law Blog

MARCH 24, 2019

The reference to being “adulterated” came from state law which was not even the basis for the FAQs. Stay tuned to the Canna Law Blog for more AB-228 developments. The revised text of AB-228 goes much further. AB-228 hasn’t passed yet and isn’t guaranteed to pass.

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The Blunt Truth

JANUARY 5, 2022

There are numerous positions and industries exempt from the law. And of course, employers still must be mindful of the state law protections currently available to medical marijuana users. Employers can only take employment actions based on contrary federal and state legal requirements (e.g., New Mexico. New Jersey.

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Cannabis Law Report

JULY 7, 2022

Specifically, the Sixth District found that, while the County is not compelled to return seized property if the property is illegal, the local ordinance at issue “ultimately regulates land use within the County; it does not (nor could it) render illegal a substance that is legal under state law.”. Blog: Cannabis Law Blog.

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Canna Law Blog

MAY 10, 2019

Second, the law obviously changes nothing about the Controlled Substances Act or state law. Psilocybin is still a Schedule I substance per the federal Controlled Substances Act and Colorado law. Again, the world of potentially lawful psychedelics is very new and the next few years are likely to see major updates.

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Canna Law Blog

SEPTEMBER 11, 2019

This is in contrast to the state’s cannabis law—the Medicinal and Adult Use Cannabis Regulation and Safety Act and its corresponding regulations (or “MAUCRSA”)—which requires local approval and thus creates the opportunity for cities to fill the gap with their own individualized social equity programs.

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SpeedWeed

JULY 20, 2021

So much is changing in the cannabis industry that it can be challenging to keep up with the latest national and state-by-state laws and business insights. Keep reading for a dozen great blogs, podcasts, newsletters, and daily alerts that can help you stay up-to-date in this continually evolving industry. MJBizDaily.

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Canna Law Blog

OCTOBER 22, 2019

By virtue of state laws, every product sold includes an implied warranty unless it is disclaimed by the manufacturer or retailer. I will cover product warranties in more depth in a later blog post. My co-blogger Jesse Mondry , who specializes in litigation, will cover this topic in a future blog post. Breach of warranty.

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Cannabis Law Report

JULY 27, 2022

One does not need to be on federal property or travel between states to be guilty of a federal drug crime. The Supreme Court has held that even growing and using a marijuana plant at home for medical purposes, in accordance with state law, is an activity regulated by federal law because it may affect interstate commerce.

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