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Canna Law Blog

Federal Marijuana Legalization: NOT Optional

Though about half of the states and the District of Columbia have legalized or decriminalized the use of marijuana for either medicinal or recreational use, marijuana remains illegal under federal law. Under the federal Controlled Substances Act, marijuana is a Schedule I drug, which means it is deemed to have a high potential for abuse

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Canna Law Blog

Cannabis Litigation: Another Blow to the Illegality Defense (Kennedy v. Helix TCS, Inc.)

Yes, cannabis is still federally illegal. But no, that doesn’t mean cannabis businesses should act as if federal law doesn’t exist. It does, and it probably applies to any cannabis business. Nevertheless, our cannabis attorneys often hear claims that federal law doesn’t apply. In fact, two questions that I’ve heard numerous times are: If the

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Canna Law Blog

Bipartisan Bill Would (Sort of) Protect Federal Employees’ Off-Work Marijuana Use

Could the federal government protect the rights of federal employees to use marijuana in states where its legal? Possibly. A bipartisan bill was introduced in Congress on July 28 proposing to protect federal employees’ personal and private use of marijuana in states where it is legal. Congressmen Charlie Crist (D-Fl) and Drew Ferguson (R-Ga) jointly

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Canna Law Blog

Cannabis Banking and Fourth Corner Credit Union’s Cannabis Account Case

Oral argument is set for today in the federal district court case Fourth Corner Credit Union is bringing against the U.S. Federal Reserve. Here are some quick thoughts on what we see happening in this case and what that will mean for cannabis business access to financial institutions going forward. What’s the case really about? In November

Psychedelics and Cannabis
Canna Law Blog

Top 10 Lessons from Cannabis for the Future Regulated Psychedelic Industry

On November 3, 2020, voters in Oregon approved Measure 109, paving the way for a regime of psilocybin for therapeutic uses in a few years. Oregon and Psilocybin: Does the Approved Ballot Measure Language Stand a Chance Oregon Psychedelics: Petition to Legalize Psilocybin for Therapy Moves Forward Oregon Psychedelics: Psilocybin on the Ballot this November!

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Canna Law Blog

Medical Marijuana: There Is No Get Out Of Jail Free Card

Inspired by a recent article authored by renowned anti-drug war columnist, Jacob Sullum, we too want to provide our perspective on whether the Feds are “Defying Congress by [Still] Pursuing Medical Marijuana Cases” despite a spending bill dictating that the Department of Justice take the opposite tack. Congress passes annual appropriations (spending) bills to fund

A Primer on Doing Business in the United States
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A Primer on Doing Business in the United States

As the country with the world’s largest economy, the United States offers some of the best business opportunities in the world.  To assist businesses in taking advantage of those opportunities, this guide provides an overview of the US legal system and some of the laws relevant to doing business in the US United States Legal

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Canna Law Blog

Federal Trademarks for Cannabis CBD? The USPTO Says No.

With the cannabidiol (CBD) industry continuing to boom, I’ve had numerous inquiries from my CBD-selling clients regarding federal trademark protection for their CBD brands, particularly when the CBD they are selling is derived from Farm Bill hemp and grown in accordance with a derivative state program. I’ve discussed the “legal use in commerce” requirement for