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How To Draft An Effective Marijuana Contract

Legalized cannabis has so far been confined only to certain states and cannabis remains illegal under federal law. If you have a marijuana business in a state where marijuana is legal, you need to draft your contracts so as to account for this state/federal dichotomy because if you don't, you may find yourself unable to enforce your contract.

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Cannabis Banking Laws That Work. Maybe Soon

Nothing much really new in this Fox News article, Colorado's pot tax revenues could go up in smoke, says lawmaker, but it does a really nice job in laying out the banking issues legal cannabis businesses are facing. The article explains why the lack of banking for marijuana businesses is causing problems for both the businesses themselves and the states that would like to collect taxes on marijuana revenues. It also provides a concise update on where the federal government (as relayed by Eric Holder) stands on all this.

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Cannabis In Oregon. Legalization Is Coming, And Soon!

I spoke this past Saturday in Portland, Oregon, at the National Cannabis Industry Association‘s Northwest CannaBusiness Symposium. My panel was on government relations and marijuana legalization and regulation. I shared the stage with Congressman Earl Blumenauer, a known champion of the marijuana legalization movement in Congress and a loyal Oregonian, and two other panelists. Blumenauer’s

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Illinois to its Medical Marijuana Patients: Your Cannabis or Your Gun

Last week the Illinois Department of Public Health was the first Illinois State agency to releasing draft rules for regulating patient access to medical cannabis. The rules are available here and DPH is accepting public comments through February 7 (more information available here). The rule garnering the most attention right now is proposed § 946.230(c), which lists what patient applicants must do to qualify for medical cannabis in Illinois. Most of the requirements are relatively unsurprising. Cannabis patients must certify that they understand that possession and use of marijuana is still a federal crime, that they will keep their records up-to-date, that they will not transfer or re-sell their medical marijuana, that smoking in public is not allowed, etc. Certainly nothing earth shattering. But there is this kicker at the very end of the list:

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How To Protect Your Cannabis Brand, Part II

Not exactly. Even though the USPTO will not register trademarks for cannabis-products, state trademark registrations are a viable and relatively inexpensive option for protecting your marijuana brand. Obtaining state registration of a cannabis trademark/trade name gives exclusive rights to that trademark/trade name within that particular state. And to the extent a name is being used in commerce for non-cannabis goods and services, registering a federal trademark is still an option. In other words, you can register your trade name for your killer brownies that just happen to have marijuana in them, but you cannot register your trade name for the marijuana itself.