Hemp CBD Across State Lines: What You Need to Know

The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp […]

Hemp-CBD: More Federal Courts Stay CBD Cases Until the FDA Issues Regulations

In January, my colleague, Jesse Mondry, wrote about Snyder v. Green Roads of Florida, a case in which the U.S. District Court for the Southern District of Florida stayed a class action lawsuit against a cannabidiol (“CBD”) company until the Food and Drug Administration (“FDA”) forges a legal path for the manufacture, sale and marketing […]

The Harvest Trademark is an Ongoing Point of Contention in the U.S. Cannabis Market

Almost exactly a year ago, I wrote about the uptick in cannabis business suing one another for trademark infringement (as opposed to non-cannabis companies suing cannabis companies, which happens a lot and which you can read about here, here, and here). The example at hand was the litigation between Harvest Dispensaries Cultivation & Production Facilities, […]

Oregon Psychedelics: Psilocybin on the Ballot this November!

On June 29, the folks at “Yes On IP 34” announced that the Psilocybin Therapy Initiative will qualify for the ballot this November in Oregon.  The campaign said it had collected over 164,000 signatures and that its recent submission of additional signatures would comfortably put the initiative above the requirements. This is exciting news! You […]

Cannabis Litigation: TCPA Claims

If you aren’t familiar with the TCPA, you should familiarize yourself with this important statute that is currently sparking a ton of litigation in the cannabis industry. The TCPA stands for the Telephone Consumer Protection Act – a statute that was passed in 1991 to fight the incessant “robocalls” that were plaguing consumers at the […]

Toys “R” Us Succeeds in Trademark Lawsuit for “Depreciation of Goodwill” Against Canadian Dispensary Herbs “R” Us

Earlier this month the Canadian Federal Court handed retail toy store Toys “R” Us a victory in its trademark lawsuit alleging “depreciation of goodwill,” among other causes of action including trademark infringement and “passing off,” against B.C., Canada-based dispensary, Herbs “R” Us. For reference, the two logos can be seen here:   Toys “R” Us […]

Hemp CBD Across State Lines: Tribal Plans

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp […]

Top Four Concerns for Tri-Party Cannabis Supply Chain Agreements

Cannabis supply chain agreements (e.g., manufacturing agreements, distribution agreements, license agreements, supply agreements) can be difficult enough to draft and negotiate when there are just two parties. The immense amount of over-regulation in the cannabis world can make contract drafting a headache, and even more difficult for attorneys who are not well-versed in cannabis. That […]

Cannabis, Competition, and a Constitutional Crisis

On June 23, 2020, John Elias, a career Department of Justice (DOJ) official, submitted written testimony to the U.S. House Committee on the Judiciary (the Committee) in response to a Congressional investigation into the politicization of the DOJ office under Attorney General William Barr. Elias claims Barr directed the DOJ’s Antitrust Division (the Division) to […]