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

Cannabis Law Report

As cannabis products become legal in more and more states, commercial interest grows in protecting the trademarks associated with those products. But what about state or common law rights in trademarks for cannabis products? Source: JD Supra.

Guest Post: Is CBD Legal? Federal & State Laws [2019]

Cannabis Law Report

New laws and bills are constantly being passed that create a great deal of confusion in the cannabis world. Is CBD legal in all 50 states? In this article I’m going to update you on the legal status of CBD , and only CBD, in the United States. Is CBD Legal Under Federal Law?

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

Class actions against CBD companies proliferate under federal and state law

Cannabis Law Report

Consumer products law blog. Class actions against CBD companies proliferate under federal and state law. And, just last week, a California defendant in a CBD class action filed a motion to dismiss on the grounds that the plaintiffs’ claims are preempted by federal law.

US AG William Bar Indicates A Preference To Enactment Of STATES Law Rather Than Current Situation

Cannabis Law Report

Attorney General William Barr said on Wednesday that he would prefer that Congress enact legislation allowing states to legalize marijuana instead of continuing the current approach under which a growing number of states have ended cannabis prohibition in conflict with federal law.

New Washington state law worries marijuana growers over cross-pollination from hemp farms

Cannabis Law Report

A new Washington state law has marijuana cultivators concerned over the potential of cross-pollination from hemp growers, which could prove disastrous to their bottom line if it occurs – potentially costing them up to tens of thousands of dollars in damages.

Bi-Partisan Legislation Introduced In The House Thursday To Protect State Laws Regulating Cannabis

Cannabis Law Report

A bipartisan bill protecting state laws regulating marijuana use from the federal government was reintroduced on Thursday in the House and Senate. The legislation, which allows states to determine their own cannabis policies, was offered by Sens. Cannabis Law News

Fed Chief Says, “conflicting federal and state laws on the sale of marijuana and other cannabis products put bank supervisors in a “very difficult place.”

Cannabis Law Report

Senate Tuesday that conflicting federal and state laws on the sale of marijuana and other cannabis products put bank supervisors in a “very difficult place.” Cannabis Law NewsFederal Reserve Chairman Jerome Powell said before the U.S. ” Asked by Sen. Robert Menendez, D-N.J., about the Fed’s thoughts on the cannabis space, the leader of the U.S. central bank said further regulatory guidance would be helpful for bank overseers.

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

The Blunt Truth

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089 , which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty activities, like off-duty consumption of alcohol, extends to activities that are lawful under state law even if they are illegal under federal law (e.g., Employment Law Colorado employment law federal-state law conflict off-duty use

Law 54

The Week in Weed: April 5, 2019

The Blunt Truth

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. Now the Governor is saying that he will expand the state’s medical marijuana program if adult-use marijuana is not legalized by May. The General Law Committee has passed a bill that would establish a marijuana industry in the state.

Too Natural for Naturalization: Even Decriminalized Marijuana Can be a Bar to US Citizenship

The Blunt Truth

As a number of states and the District of Columbia have moved to permit possession, use and sale of marijuana for both medicinal and recreational purposes and the business of legalized cannabis distribution has grown exponentially, federal law banning such activity remains unchanged. Deeming the trend in state law irrelevant, federal immigration authorities have in fact moved in the opposite direction.

Too Natural for Naturalization: An Update

The Blunt Truth

Joe Neguse, Kelly Armstrong and Hakeem Jeffries, noted that thirty states and the District of Columbia have legalized cannabis for medical and/or recreational purposes. The letter criticizes the policy stating that it “targets naturalization applicants based on lawful employment for an activity that is legal in multiple states and and territories (albeit not under federal law).”. Federal - State Law Conflict good moral character immigration uscis

Weed and Worry — The Immigration Consequences of Engaging in the Cannabis Trade

The Blunt Truth

As several states and foreign countries have enacted laws decriminalizing or legalizing marijuana for medicinal or recreational use, a fresh rush of reefer madness has overtaken the business world. Should you be worried about legal marijuana’s adverse consequences under federal immigration law? practicing law in the U.S. ” Black’s Law Dictionary, 1340 (5th ed. ” Black’s Law Dictionary , supra, at 673.

DEA 43

Alabama: Senate Advances Medical Cannabis Access Measure

NORML

In January, Alabama Attorney General Steve Marshall wrote a letter to state lawmakers urging them to reject the commission’s recommendations, opining that medicalization is “preempted” federal anti-drug laws and “exacerbate” opioid misuse.

Access 249

Alabama: Jefferson County Police To Cite, Rather Than Prosecute, Minor Marijuana Violators

NORML

A spokesperson for the Jefferson County (population: 658,000) Sheriff’s Office announced today that local law enforcement will begin citing, rather than arresting, low-level marijuana offenders. Decriminalization LAW ENFORCEMENT Municipal Alabama citation summons

Cincinnati: Council Members Vote to Eliminate Marijuana Possession Penalties

NORML

The new local law takes effect on July 12. Under state law, the possession of up to 100 grams of cannabis is classified as a minor misdemeanor offense.

Legal Hemp Is Not Safe on American Highways

Leafly

Conflicting federal and state laws mean police are seizing products that can’t get anyone high. Politics cbd Hemp law enforcementThe post Legal Hemp Is Not Safe on American Highways appeared first on Leafly.

Congress To Vote On Cannabis Banking Bill Next Week

NORML

Majority Leader Hoyer on Friday announced that members of the House are anticipated to hold a floor vote next week on The SAFE Banking Act (HR1595), which explicitly permits banks and other financial institutions to work directly with state-legal marijuana businesses.

NORML’s Statement Regarding the Designation of Medical Cannabis Dispensaries as “Essential Services”

NORML

The National Organization for the Reform of Marijuana Laws is issuing the following statements regarding the continued operation of medical cannabis dispensaries during the COVID crisis. “There are several million state-licensed medical cannabis patients in America.

Majority of Virginians Favor Legalizing Marijuana

NORML

“Voter attitudes are no longer reflected in state law, and candidates on the campaign trail would be wise to take note.” Under state law , first-time possession offenders face up to 30 days in jail and a criminal record. “While other states are moving to a more sensible approach to cannabis, Virginia is still moving in the wrong direction. Become a member Virginia NORML and join the fight to reform marijuana laws in the Commonwealth.

Medical cannabis reciprocity on hold

The NM Political Report | Medical Cannabis Program

Medical cannabis patients from other states will have to wait until they can purchase or use their medicine in New Mexico.

House minority leader takes issue with special process for medical cannabis bill

The NM Political Report | Medical Cannabis Program

The bill in question, SB 139, would change state law to only allow New Mexico residents to enroll in the state’s Medical Cannabis Program.

HR 420: The Regulate Marijuana Like Alcohol Act

NORML

Our federal marijuana laws are outdated, out of touch and have negatively impacted countless lives.”. The legislation would deschedule cannabis, thus permitting state governments to regulate these activities as they see fit.

Illinois: Cook County State’s Attorney To Expunge Thousands Of Low-Level Cannabis Convictions

NORML

Cook County State’s Attorney Kim Foxx has pledged that her office will begin expunging thousands of low-level marijuana convictions in the coming months. Cook County, which includes Chicago, is the second-most populous county in the United States.

Policy 262

Oregon: Governor Signs Law Prohibiting Landlords From Discriminating Against Medical Marijuana Patients

NORML

The measure states that a landlord may not take into consideration an applicant’s “status as a medical marijuana patient” or whether they have a “conviction based solely on the use or possession of marijuana.” ” The new law takes effect on January 1, 2020.

Where is cannabis legal?

Leafly

State laws are constantly shifting on cannabis legalization. Learn more about states where marijuana is legal—either for adult-use, medical use, or both. The post Where is cannabis legal? appeared first on Leafly.

Georgia: Governor Signs Law Licensing Low-THC Oil Production

NORML

Brian Kemp signed legislation into law today to facilitate regulations governing the licensed production and distribution of oils and other products containing limited amounts of plant-derived THC. Republican Gov.

THC 247

Mississippi: Medical Cannabis Initiative Certified for 2020 Ballot

NORML

Mississippi’s Secretary of State’s Office notified lawmakers on Tuesday that petitioners, Mississippians for Compassionate Care , had gathered a sufficient number of signatures to place Measure 65 before voters this November.

New Jersey: Lawmakers Approve Measure to Place Marijuana Legalization Question on the 2020 Ballot

NORML

State law requires that three-fifths of lawmakers in both chambers approve a resolution to place an amendment on the ballot. The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market.

New Legislation Introduced To Protect State-Legal Marijuana Programs

NORML

The Sensible Enforcement Of Cannabis Act essentially would give peace of mind to lawmakers, regulators, 149,000+ workers, and the millions of patients and consumers who are dependent on the normalization of lawful marijuana markets.

Study: Marijuana Retailers Not Selling to Underage Customers

NORML

Licensed cannabis retailers in Colorado and Washington are highly compliant with state laws refusing the sale of products to minors, according to data published in the Journal of Studies on Alcohol and Drugs. states,” is online here.

Retail 207

Ohio: Three More Municipalities Vote to Depenalize Cannabis Possession

NORML

Voters in the cities of Bremen (population 1,500) and Nelsonville (population 5,400) p assed similar ballot proposals amending “the penalty for misdemeanor marijuana offenses ( 200 grams ) to [the] lowest penalty allowed by the state law.” Voters in three Ohio municipalities have approved local ballot measures depenalizing minor marijuana possession offenses.

Today’s Answer of the Day

TheAnswerPage

According to the Controlled Substances Act, is it legal to transport marijuana across state lines from one medical marijuana legal state to another medical marijuana legal state?

The Feds Aren’t Done With Cannabis

Canna Law Blog

As more and more states legalize cannabis in some form or another, and as more and more Senators and Representatives introduce legislation that would relax the federal pot laws, it’s important not to lose sight of reality: cannabis is still a Schedule I drug and is unlawful under federal law.

Hash 99

Action Needed: Marijuana Vote This Week In Congress

NORML

Known as the Blumenauer-McClintock amendment after Representatives Earl Blumenauer (D-OR) and Tom McClintock (R-CA), this bipartisan language would restrict the Department of Justice from interfering in the 11 states that have legalized and regulate adult-use marijuana.

American Bar Association Endorses Ending Marijuana Prohibition

NORML

” HOD adopts Res 104: Urges Congress to end conflict between some state laws and federal law over marijuana regulation and update federal marijuana policy. The American Bar Association (ABA) has passed a resolution in support of ending federal marijuana prohibition and removing the substance from the Controlled Substances Act (CSA).