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. By Azim Chowdhury & Taylor D.

State Laws 59

State Laws Law Food Legislation 59

Canna Law Blog

MAY 31, 2019

The structure of the leasing relationship and the terms of the lease are key components, both for getting funds out of the primary business and mitigating your risks, of which there can be many. Real estate is, by its character, tied to local laws. Be sure you know your position in the leasing food chain and negotiate accordingly.

Business 87

Business Cannabis State Laws Retail 87

Cannabis Law Report

MARCH 17, 2020

held that a party’s state and common law trademark did not confer trademark priority in a trademark infringement suit based on the federal Lanham (Trademark) Act. Plaintiff Kiva Health Brands LLC (“Kiva Health”) sells health and wellness food and food supplements. BACKGROUND. Defendant Kiva Brands, Inc.

State Laws 59

State Laws Law Cannabis Food 59

Cannabis Law Report

JUNE 8, 2021

We discussed a number of topics, including: My first-hand experience with CBD and my path to representing businesses in the cannabis industry. Some of the biggest legal challenges that cannabis businesses face, such as the lack of access to banking, and merchant processing. He represents businesses throughout the hemp industry.

Hemp 105

Hemp CBD Legalization Banking 105

SpeedWeed

AUGUST 2, 2021

A recent lawsuit filed against the Oklahoma Medical Marijuana Authority (OMMA) claims that the organization did not make its meeting agenda available to the public, which violated a state law known as the Oklahoma Open Meeting Act. Between January and June 2021, the state has collected $43,166.199 in state and local sales taxes.

State Laws 52

State Laws Law Seed-To-Sale Marijuana 52

Canna Law Blog

NOVEMBER 30, 2019

The state cannabis agencies, ironically, prohibit licensed commercial cannabis businesses from using Hemp CBD in manufactured cannabis products or selling Hemp CBD products in licensed cannabis retail stores. The FDA did not allow Hemp CBD to be added to foods. This is still the case, as the FDA recently made clear.

Hemp 123

Hemp CBD Food Sativa 123

Canna Law Blog

DECEMBER 24, 2019

The number one question we have received lately is: “do you know a bank or credit union that will bank my hemp-CBD business?” And if a financial institution is indeed banking your hemp-CBD business, they’re certainly doing it at their own risk in the face of the Bank Secrecy Act and federal anti-money laundering laws.

Banking 106

Banking Hemp CBD Cultivation 106

Canna Law Blog

FEBRUARY 24, 2019

As much as I hate being a party-pooper – especially for a party as big as the Oscars — as a Los Angeles based cannabis business lawyer, I cannot resist mentioning my own legal concerns about these swag bags. But this gifting rule is far more complicated for cannabis business licensees. Under MACURSA and Prop.

Wellness and Beauty 104

Wellness and Beauty Legalization Food CBD 104

Cannabis Law Report

MARCH 23, 2020

The order identifies certain services as essential, including food, prescriptions, and healthcare. Any licensee that continues to operate must adopt social distancing and anti-congregating measures and must follow the CDC’s Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease at all times.

Business 59

Business Retail Food Agriculture 59

SpeedWeed

MARCH 5, 2021

Lafayette-based food delivery company Waitr said it is teaming up with Flow Payments to create a specialized platform for the sale and delivery of legal marijuana. According to Leafly , a cannabis website, 12 states allow delivery of medical marijuana products and six states allow for delivery of recreational products.

Business 52

Business Marijuana Food State Laws 52

WeedAdvisor

OCTOBER 5, 2019

But thanks to separate law regarding special exemptions on Native American land, the Las Vegas Paiute Tribe can open its own tasting room starting October 5 th. According to Leafly , the business’ owner saw a serious gap that needed to be addressed regarding a place for safe, legal cannabis consumption. Impact on Tourism. .

Business 12

Business Compliance Compliance Vaping 12

Cannabis Law Report

MARCH 30, 2020

The order identifies certain services as essential, including food, prescriptions, and healthcare. Any licensee that continues to operate must adopt social distancing and anti-congregating measures and must follow the CDC’s Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease at all times.

Business 59

Business Retail Food Agriculture 59

Marijuana Lawyer Blog

MARCH 25, 2019

Laws on the CBD food craze are all over the map, and misinformation is rampant. No substantial research exists with regard to the health benefits of the compound, yet we do know it’s part of a significant health food craze. California and Federal Laws on CBD in Food and Drink Products.

Food 40

Food CBD Pets Hemp 40

Canna Law Blog

OCTOBER 22, 2019

In the midst of this uncertainty, we have been stressing to our clients the importance of insurance coverage for your business (see Anatomy of a Cannabis Insurance Policy Part 1: The Basics )– especially insurance that covers your liability for your marijuana- and hemp-derived products. Breach of warranty.

Business 65

Business Policy Pets Vaping 65

Canna Law Blog

JUNE 7, 2019

Industrial Hemp: Don’t Forget About State Law! Five Key Documents Necessary to Understand Industrial Hemp Law. It also allows the USDA to set federal standards for hemp cultivation to be used in states that do not have an approved plan but also have not prohibited hemp cultivation under state law.

Hemp 94

Hemp CBD Agriculture Food 94

Canna Law Blog

DECEMBER 23, 2019

Due to the growing popularity and mainstream nature of CBD-infused products, many alcohol beverage companies were surprised to read us conclude that blending CBD into their products was a risky business, even in hemp-friendly states like Oregon. As we previously explained, alcoholic beverages are regulated under federal and state law.

CBD 91

CBD Seed-To-Sale Food Consumption 91

Cannabis Law Report

AUGUST 5, 2021

Section 6 of SB 5372 focuses on hemp extract certification: Hemp extracts are not an approved food ingredient in Washington until it is federally authorized for use as a food ingredient. The FDA has long maintained that hemp extract (setting aside hemp seed products) is not an approved food ingredient.

Extraction 105

Extraction Hemp Seed-To-Sale Food 105

Cannabis Law Report

NOVEMBER 15, 2021

Today, I intro’d the #StatesReformAct a turnkey federal tax and regulate framework for existing state laws. SC has CBD, FL medical, CA adult-use; this bill allows these differences while protecting kids, vets, businesses and those w serious illness. Here’s her twitter post. WATCH [link] pic.twitter.com/maZLxlVa1Z.

Programs 98

Programs Food Business Seed-To-Sale 98

Cannabis Law Report

AUGUST 27, 2021

Almost three years since the legalization of hemp production in the United States, the U.S. Food and Drug Administration (FDA) is still in the process of determining the regulatory framework for CBD and other hemp derivatives. But how does this FDCA provision apply to CBD? In one word: Epidolex. Safety Data Matters.

Hemp 105

Hemp Safety Food Data 105

Cannabis Law Report

JUNE 20, 2021

One banned all cannabis businesses from setting up shop in town, and the other made it illegal to use cannabis products in public. “We 21 — 180 days from the adoption of the state law — to create any local enforcement structure. Towns that do not act by then will be governed by the state’s law.

Education 81

Education Food State Laws Cannabis 81

Canna Law Blog

JANUARY 6, 2020

The holding of this case suggests that a compound that has long been used as a food or dietary supplement for therapeutic reasons does not meet the definition of drug, and thus, may be lawfully sold and marketed in interstate commerce without the approval of the Food and Drug Administration (“FDA”).

CBD 101

CBD Hemp Extraction Food 101

Cannabis Law Report

SEPTEMBER 8, 2022

Businesses looking to enter New York’s recreational cannabis industry should be pleased to know recent changes to state tax laws are slowly making the venture more financially feasible. Due to this divide, cannabis businesses must consider tax implications at both the state and federal levels. Dustin Dorsino.

Business 52

Business THC Cannabis Treatment 52

Canna Law Blog

DECEMBER 21, 2019

It’s no secret that California’s illicit cannabis market is alive and well; a recent audit showed that there are nearly 3,000 unlawful cannabis businesses in the Golden State. The penalties that the state can seek are no joke. The BCC is not the only agency that has begun ramping up enforcement.

Seed-To-Sale 105

Seed-To-Sale Compliance Compliance Cannabis 105

Canna Law Blog

DECEMBER 5, 2019

Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with state law. That has made it very difficult for many hemp and hemp-derived CBD (“Hemp-CBD”) businesses to access bank accounts.

Banking 96

Banking Hemp Compliance Compliance 96

SpeedWeed

MARCH 8, 2021

There are five important “categories,” that require company leaders’ utmost focus and attention as they launch a compliant cannabis business in a newly legal state. Non-compliant businesses face the risk of being shut down and attract negative attention to the cannabis industry. One commonality among all states is cost.

Compliance 52

Compliance Compliance Business Seed-To-Sale 52

Canna Law Blog

MAY 14, 2019

Banking , intellectual property , food and beverage (and cosmetics ), international trade , domestic trade , state laws , ag production contracts , etc., When it comes to industrial hemp, the 2018 Farm Bill upended all of these things.

Hemp 97

Hemp CBD Policy Banking 97

Canna Law Blog

FEBRUARY 9, 2019

For a little background, until January 1, 2018, obtaining state trademark protection in California was not possible due to Sections 14270-14272 of the Model State Trademark Law of the California Business and Professions Code, which are simply titled “Miscellaneous.”

Legislation 72

Legislation Agriculture Food Programs 72

Canna Law Blog

AUGUST 16, 2019

State governments and the federal Food and Drug Administration (“FDA”) take wildly different approaches when it comes to Hemp-derived cannabidiol (“Hemp CBD”), and for the most part, the ball is still in the government’s court to actually regulate hemp and Hemp CBD. The Food and Drug Administration (“FDA”) and U.S.

Hemp 100

Hemp CBD Supply Chain Food 100

Canna Law Blog

JANUARY 16, 2020

Shopify’s policy explicitly states: Shopify can’t provide advice on what and where merchants can sell, but we recommend that merchants review and monitor federal, state, and local laws, as well as monitor updates from the Food and Drug Administration (FDA). cosmetics, dietary supplements, etc.)

Hemp 93

Hemp CBD Seed-To-Sale Compliance 93

Cannabis Law Report

SEPTEMBER 10, 2019

Citing growth in hemp-related commerce, the NCUA emphasized the need for credit unions to understand the gamut of regulation across jurisdictions in order to lend lawfully to hemp-related businesses. Yet, it also noted that states and Indian Tribes laws cannot prohibit the transportation of products produced lawfully under federal law.

Hemp 45

Hemp Business Compliance Compliance 45

Canna Law Blog

DECEMBER 23, 2019

Due to the growing popularity and mainstream nature of CBD-infused products, many alcohol beverage companies were surprised to read us conclude that blending CBD into their products was a risky business, even in hemp-friendly states like Oregon. As we previously explained, alcoholic beverages are regulated under federal and state law.

CBD 71

CBD Seed-To-Sale Food Consumption 71

Illinois News Joint

JANUARY 24, 2023

The guidance states, “Cannabis Loan Funds shall be used for ordinary and necessary expenses to start and operate a cannabis business.” All uses of the proceeds must be necessary for the Illinois business, supported by adequate proof of obligation and expenditure, and comply with all requirements of the loan program.

Programs 105

Programs Collective Cannabis Business 105

Canna Law Blog

MARCH 4, 2020

There are questions about the logistics of opening and running one of these types of businesses, given the complex interplay of laws and regulations promulgated by bodies from the U.S. Food and Drug Administration (FDA) to cities and counties.

Therapy 116

Therapy Legalization Chronic Pain DEA 116

NORML

MAY 31, 2019

This week, the US Food and Drug Administration is taking in-person public testimony with regard to the “manufacturing, product quality, marketing, labeling, and sale” of CBD-infused retail products. Welcome to the latest edition of NORML’s Weekly Legislative Roundup! IL resident? NV resident? OR resident? 6073 and H.

Legislation 118

Legislation Access Banking Hemp 118

The Blunt Truth

APRIL 4, 2019

Meanwhile, it’s all system go for legalization in Guam, as the governor signed a recreational marijuana bill into law. In federal news, a Colorado congresswoman has introduced a bill that would prevent the federal government from taking action against cannabis businesses in states where the drug is legal.

Recreational 83

Recreational Food Law Legislation 83

Cannabis Law Report

JUNE 3, 2021

She brings a regulator’s keen eye and wide-reaching knowledge on evolving compliance and safety mandates to support businesses in tightly regulated industries. During her tenure with the City of Denver, home to hundreds of cannabis businesses, she worked as an investigator covering cultivation, manufacturing and retail. Previously, Ms.

Hemp 76

Hemp Compliance Compliance Safety 76

Cannabis Law Report

JUNE 15, 2022

In addition, the licensees must execute a management agreement with a third-party operator to manage and operate the remaining facilities that the department will continue to permit in compliance with state law. The CDTFA plans to escalate tax enforcement against legal cannabis businesses. On June 8, 2022, the U.S.

Business 52

Business Marijuana Safety Banking 52