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A new study from an industry advocacy group in California examines the content of dozens of unregulated intoxicating “hemp” products that are easily available in the Golden State despite being banned by statelaw. The study, entitled The Great Hemp Hoax , was released Feb. percent THC.
For many cannabis brands, licensing their trademarks can be a savvy business move (for more information on cannabis trademarks generally, check out our webinar, Trademarking Cannabis: Cutting Through the Legal Haze ). Courts in some states have upheld such provisions, giving your agreement a better chance of surviving legal challenges.
However, that statistic doesnt mean prices have been dropping in many states. Last year, the price of an eighth of weed ranged from about $25 to $60 in s tates with a legal recreational Adult-Use market. However, in some legalstates like New Jersey, the price for top-shelf flower can often go as high as $70 per eighth.
There are three main ways a brand owner can establish trademark rights: By using the mark in connection with their goods or services (legally) in commerce; By registering the mark with the United States Patent and Trademark Office (USPTO); and By registering the mark with an appropriate state trademark registry.
About Veriheal’s New Cannabis Support Services Launching today, Veriheal now offers state-compliant and physician-signed letters of support and diagnosis summaries to medical cannabis patients. What Legal Services Does Veriheal Offer? Included in this new service rollout are eight options for medical cannabis letters.
The updated policy, effective June 1, has far-reaching consequences for small businesses operating in compliance with statelaw (and for some, in compliance with federal law) – especially those selling hemp-derived foods, supplements, and cosmetics (collectively, Consumable Hemp Products). This isnt new.
Edibles and Tinctures Edibles are foods or drinks with cannabis in them. Safety, Side Effects, and Legal Considerations Alright, let’s talk about the stuff you really need to know—staying safe, watching out for side effects, and keeping things legal. Legal Guidelines in 2025 Laws about medical marijuana can change fast!
The cannabis industry is expanding nationwide, but securing trademark protection remains a complex challenge due to federal restrictions and evolving statelaws. Steps to future-proof your brand in an evolving legal landscape Who Should Attend? REGISTER HERE Have questions? Feel free to reach out at firm@harris-sliwoski.com.
The latest “drop” comes in the form of an August 1 memo from the Washington State Department of Agriculture (“WSDA”) titled Restrictions on the use of hemp CBD as a food ingredient. According to the WSDA, Hemp-CBD is not approved as a food ingredient. Last year, the FDA approved the drug Epidiolex.
introduced legislation on May 21 to ensure hemp-derived cannabidiol (CBD) is regulated by the US Food and Drug Administration (FDA) like other ingredients used in dietary supplements, foods, and beverages. Notably, this restriction only applies to dietary supplements and foods. US Senators Ron Wyden (D-Ore.), Rand Paul (R-Ky.),
Our California hemp lawyers have been getting pummeled with questions about the legality of industrial hemp derived cannabidiol (“Hemp CBD”) ever since the 2018 Farm Bill was signed in January (and especially since our recent hemp and Hemp CBD webinar ). Some states have taken an aggressive approach to enforcement, while others haven’t.
The recent wave of crackdowns on cannabidiol (“CBD”)-infused alcohol beverages has further exacerbated public confusion regarding the legal status of the cannabis plant’s non-psychoactive compound. As we previously explained , alcoholic beverages are regulated by federal and statelaws.
Rod Discusses Legal Challenges Facing Hemp and CBD with The CBD Guide. Some of the biggest legal challenges that cannabis businesses face, such as the lack of access to banking, and merchant processing. Some of the biggest legal missteps CBD businesses make, and how they can be avoided. June 8, 2021.
MarketWatch ran an article last week on how this year’s Academy Award swag bags “are packed” with “legal” cannabis. I’m always happy to see an article like this because it means California legalization is working. Now featuring cannabis! Under MACURSA and Prop.
Still, for all its promise, would-be clinic owners, practitioners, and consumers may be confused about the legality of such clinics. 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.
Consumer products law blog. Class actions against CBD companies proliferate under federal and statelaw. Hemp-derived CBD was legalized in 2018 under the Agriculture Improvement Act of 2018, or Farm Bill. Class actions against CBD companies proliferate under federal and statelaw. Is it worth the risk?
As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. 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. BACKGROUND.
Dozens of times per month, I am asked by clients and potential clients whether hemp-derived cannabidiol (“Hemp CBD”) products are legal in California. 3% delta-9 THC and excludes hemp, which is legally defined as the Cannabis sativa L. 3% delta-9 THC and excludes hemp, which is legally defined as the Cannabis sativa L.
The law wouldn’t allow complete legalization without regulation. It still makes clear that bringing cannabis into a jurisdiction would be unlawful where it would violate the laws of that jurisdiction. The bill would also give the Food and Drug Administration the same authority over marijuana that it has over alcohol.
The California Legislature has passed a bill that will allow California consumers to purchase food, beverage, dietary supplements, and cosmetics manufactured with hemp-derived cannabinoids such as cannabidiol (CBD). Assembly Bill 45 (AB45), which is expected to be signed into law before Oct. No dice, said the FDA.
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 statelaw known as the Oklahoma Open Meeting Act. Rachel Bussett of Bussett Legal Group , and Durbin’s co-counsel, accused the OMMA of being “sneaky.”
There are 36 states in the United States that have chosen the legalization of medical cannabis for residents of their states. Many of them even offer the ability for visiting medical cannabis patients from other states to participate in their programs. ” State Doctors Oppose Legalization in Alabama.
Our firm represents a number of financial institutions and even a federal agency on banking state-legal cannabis. 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.
I’ll be joined by my esteemed colleagues to shed some light on hemp laws both nationally and here in the Evergreen State. We’ll cover a host of topics, but will start with the 2014 Farm Bill, which first allowed for the legal cultivation of industrial hemp for research purposes. You can register to join us here.
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.
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.
About a year ago, we were the first law firm to report on the legality of manufactured cannabidiol (“CBD”)-infused alcoholic beverages. As we previously explained, alcoholic beverages are regulated under federal and statelaw. Alcohol and Tobacco and Trade Bureau (“TTB”).
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.
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.
have both been served with consumer class suits in California alleging that the products made by both companies violate FDA regulations and therefore violate California statelaw. And now, adding to the regulatory woes faced by many CBD companies, Charlotte’s Web Holdings Inc. and Infinite Product Co. 321(ff)(3)(B)]. . §
But before you do, you should be aware of a few legal aspects of CBD purchases. Under federal law, CBD products must be derived from hemp plants, not marijuana plants. It should clearly state that the product contains CBD from hemp plants. CBD Products May Be Subject to StateLaws.
MARGATE — City Commission on Thursday joined the growing list of communities in New Jersey saying “no thanks” to legalized marijuana. 21 — 180 days from the adoption of the statelaw — to create any local enforcement structure. Towns that do not act by then will be governed by the state’slaw. Read more [link].
Today, I intro’d the #StatesReformAct a turnkey federal tax and regulate framework for existing statelaws. Nancy Mace (R-SC) is sponsoring the bill—titled the States Reform Act—along with a handful of initial Republican cosponsors. The States Reform Act proposed by Rep. The Official Press Release. — Rep.
Financial institutions that work with marijuana businesses must conduct due diligence to ensure that marijuana businesses are complying with statelaw. For example, certain hemp-derived products may now or in the future be regulated by state health departments and/or the U.S. Food and Drug Administration.
Consequently, the sale of Hemp-CBD-infused smokable products is in a legal gray area , not explicitly allowed nor prohibited under federal law. The manufacture, sale and marketing of non-flavored, nicotine or tobacco-free CBD vaping products, as well as other smokable hemp products , may nonetheless be banned under certain statelaws.
About a year ago, we were the first law firm to report on the legality of manufactured cannabidiol (“CBD”)-infused alcoholic beverages. As we previously explained, alcoholic beverages are regulated under federal and statelaw. Alcohol and Tobacco and Trade Bureau (“TTB”).
Lab testing shows the marshmallow treat does contain delta-9 THC—the main intoxicating ingredient in pot—which remains illegal to sell in Virginia even after lawmakers legalized marijuana possession last year. Producers argue delta-8 is technically legal despite the fact that it offers an intoxicating high similar to traditional marijuana.
Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Our weekly review starts in Georgia, where the governor is expected to sign a medical marijuana reform bill into law. The law will allow grow houses and production facilities in the state, which will be heavily regulated.
Cannabis is increasingly being legalized in many U.S. states, and the negative disposition towards the substance is gradually reducing. ” Over-the-counter products include lotions, oils, shampoos, food , and dietary supplements. However, some lawmakers pushed for more reform. In 2022, Rep.
Let’s break down exactly what this law does and doesn’t do. First, the law doesn’t “legalize” psilocybin to the same extent that cannabis has been “legalized” in many states. Second, the law obviously changes nothing about the Controlled Substances Act or statelaw.
Food and Drug Administration (FDA) Commissioner Scott Gottlieb opined last week , “the CBD craze is getting out of hand. Current federal law expressly allows for the distribution of hemp-derived CBD products that contain 0.3% Other CBD products, however, are still subject to various statelaw regulations as well as the U.S.
As more stateslegalize cannabis, companies are dealing with the absence of national trademark uniformity. Currently, there is no legal mechanism to obtain a trademark to sell cannabis across state lines. Instead, companies are limited to state-wide trademarks. Trademark rights are territorial in nature.
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.)
Banking , intellectual property , food and beverage (and cosmetics ), international trade , domestic trade , statelaws , ag production contracts , etc., Prior to federal legalization of hemp last December, a few pioneering hemp companies had gone public. And public money is on the way.
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