Cannabis Patents: Will the Illegality Doctrine Ruin Everything?

Recently, William J. McNichol, Jr., Adjunct Professor at Rutgers University School of Law, wrote an article regarding the enforcement of cannabis patents that should definitely be discussed. As we’ve noted starting last summer, we expect to see an increasing number of patent infringement cases. We’ve also been providing updates on the very first patent infringement

DC’s Last Day of Marijuana Illegality – Sort Of

At least to 64% of D.C. residents who in November voted for Ballot Initiative 71 (“I-71”) and the legalization of certain aspects of personal marijuana cultivation and possession, Muriel Bowser is proving to be what they needed in a mayor – a fighter. Mayor Bowser is standing her ground against certain U.S. Congress members and

Foreign Businesses in China and Illegality Per Se

When I judge mock trials at law schools, one of the things I find myself criticizing the lawyers-to-be for “talking like a lawyer.” I go after them for describing a person getting out of a car as “a person descending from a vehicle”.  This is my long handed way of apologizing for using Latin in

Crafting a Marijuana Business Contract That Will Stand Up in Court

A few weeks ago we ran a post examining the “illegal” nature of marijuana contracts and the challenge of enforcing such agreements, entitled, “Your Cannabis Contract: Is it Worth the Paper its Written On?” Today we follow up on that post and discuss how to draft your contracts so they have the best chance at enforceability. Although states are

Your Cannabis Contract: Is It Worth The Paper It’s Written On?

We write frequently about the importance of contracts to the state-legal cannabis industry. (For a crash course, check out Doing Business with Pot Businesses #2: Cannabis Business Contracts; Marijuana Contracts: Get them in Writing; and How to Draft an Effective Marijuana Contract.) We preach about the need to have solid contracts in place before you need them, covering

Commercial Cannabis Case Law Update: Federal Courts Continue to Find a Balance

We’ve written previously about how courts, especially U.S. District Courts charged with applying and interpreting federal law, are wrestling with inconsistencies between state and federal law when it comes to state-legal cannabis. A little over a year ago, the emerging solution when it comes to enforceability of contracts involving cannabis was to apply the legal

California Commercial Cannabis Leases: Will Courts Enforce Them?

A contract isn’t worth much without your being able to enforce it, and the same goes for commercial leases. We’ve written about unique problems in cannabis contracts due to the state-vs-federal illegality problem (see here, here, here) and of how courts have navigated that inconsistency in the context of contract enforcement. But when it comes to

Is Your Cannabis Copyright Enforceable?

I previously discussed how cannabis works of authorship, including the design of sufficiently original logos (only the graphic elements of the logo, not the words), are copyrightable. I also alluded to the possibility that such copyrights may be unenforceable due to the federal illegality of cannabis. Indeed, whether a cannabis copyright is enforceable remains speculative

Marijuana Energy Efficiency

I met last week with someone in the energy efficiency industry who wanted to talk about different service offerings to marijuana companies. According to this person, even in a state like Washington, where energy is relatively cheap, the increased buildout costs of putting together an energy-efficient cultivation facility are quickly made back in reduced energy costs.