dea hemp litigation

Why the DEA Hemp Rule Challenge Really Matters

The Drug Enforcement Administration (DEA) issued an interim final rule on hemp (“DEA hemp rule” or “rule”) on August 20, 2020. As per its executive summary, the rule “merely conforms DEA’s regulations to the statutory amendments to the [Controlled Substances Act (CSA)] that have already taken effect, and it does not add additional requirements to

cannabis business mistakes

Legal Mistakes for Cannabis Businesses

I recently spoke with a lawyer who was newer to representing cannabis clients. The lawyer asked me to describe the biggest legal mistakes I see for cannabis businesses. Over the years, our cannabis lawyers have seen cannabis businesses make just about every mistake in the book. Today though, I want to talk about what I

parody defense copyright litigation

Sometimes, the Parody Defense to Copyright Infringement Works!

As a cannabis intellectual property litigator, part of my job is to help clients make cost-benefit and risk analyses. My colleagues and I have written several posts about the defense of “parody” in cannabis intellectual property litigation, and why it’s a very specific defense that people tend to overstretch in most cases. While that remains

safe banking act

Signs of Life for the SAFE Banking Act?

The SAFE Banking Act has languished in Congress since early 2017, a victim of political gridlock and division, as well as political wrangling over broad approaches to cannabis legalization.  We last covered the SAFE Banking Act in February, when it looked as though 2022 would be the sixth year in which this bill would die.

mexico hemp

Cannabis in Mexico: Focus on Hemp

Medical cannabis is legal in Mexico, but not much has been happening lately with legalizing cannabis for adult use. Oaxaca has made some effort to decriminalize recreational cannabis consumption, and earlier Mexican Supreme Court decisions declared prohibition unconstitutional, but other than these things, legalization and regulation of recreational cannabis has stalled in Mexico. Mexico’s Cannabis Law

cannabis partnerships

Cannabis Partnerships

Many cannabis handshake deals result in the parties forming an inadvertent cannabis partnership. The words “partnership” and “joint venture” are often thrown around casually. Many early stage cannabis entrepreneurs know they want to do some type of business venture, often with a business partner, but they often do not know why or how to avoid

agentina hemp medical cannabis

Argentina: New Law Over Old Thinking

Argentina’s Chamber of Deputies has approved a law to regulate the hemp and medical cannabis industries. According to one of the bill’s sponsors, “a new industry has been born in Argentina” with the passage of the bill (which we flagged last summer in Legalization in Latin America: Who’s Next After Mexico?). The new law enjoyed

happy mother's day!

Happy Mother’s Day!

Happy Mother’s Day to all the moms! And especially moms working in the cannabis industry. Don’t forget to call your mom today 🙂 We’ll be back tomorrow with our regular programming.

new york cannabis social equity fund

New York Recruiting Social Equity Fund Manager

New York is beginning its search for a fund manager for New York’s $200m social equity cannabis fund. In January of 2022, Governor Kathy Hochul announced that New York is proceeding with the $200m fund (as contemplated in the Marijuana Regulation and Taxation Act (MRTA)), with $50m of funds committed by the State and a