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
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
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
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.
Register HERE! Protecting and monetizing intellectual property (IP) assets in the cannabis industry is a critical step for many businesses. Enforcement of valuable IP rights against infringers may also be vital to a cannabis business’s success. The cannabis industry is highly dynamic and competitive. In addition to state and local rules, the Schedule I status
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
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
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 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 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
