USPTO’s Abuse of the “Lawful Use” Trademark Registration Standard

Lawful use in commerce is a requirement for a trademark to be registered in the United States. For cannabis brands, this means that the United States Patent and Trademark Office (USPTO) will not register trademarks used in connection with products that are illegal under federal law, most notably marijuana. However, USPTO’s problematic approach to lawful

new york adult-use cannabis rules

New York’s Adult-Use Cannabis Rules and Regulations: The Series

Way back in Spring of 2021, we ran a series on the New York’s Marijuana Regulation and Taxation Act, which legalized adult-use cannabis in New York and established the framework for adult-use cannabis licensing. That series of posts covered everything from the available license types to the MRTA’s real estate requirements. In keeping with our

oregon cannabis

Oregon Cannabis: State of the State

Welcome to the seventh annual “State of the State” post on Oregon cannabis. For the first year since program launch, regulated cannabis sales fell in the state. We also saw significant legislative and regulatory changes, further contraction of the hemp industry and a myriad of interesting odds and ends. Overall, it has been a rocky


Oregon Tax Court Rules on Marijuana Grow COGS

For several years one of the biggest problems the cannabis industry has faced is I.R.C. Section 280E. It suffocates the regulated marijuana industry. A recent decision by the Oregon Tax Court addresses Section 280E and what may properly fall under Cost of Goods Sold (“COGS”) in the context of a marijuana grow operation. (See here, here, here, here and here

cannabis litigation

Los Angeles Cannabis Litigation: Cannabis Tenant Prevails

Cannabis litigation is growing as the industry matures. Recently, we’ve seen a suit related to false advertising, but we’re also seeing more traditional business litigation around partnership issues and contract breaches. In Los Angeles, the repeal of Prop. D and implementation of Measure M caused a lot of industry infighting, some of which led to

new york cannabis task force

New York Task Force to Target Unregulated Cannabis Sales

At a press conference on December 15, 2022, New York City Mayor Adams announced the creation of a joint task force between the New York City Sheriff’s Office, the NYPD, the city’s Department of Consumer and Worker Protections and the New York State Office of Cannabis Management to weed out illegal dispensaries. What the task

drive-thru delivery

Oregon Cannabis Rules Update: Drive-Thru, Delivery

Last month, my Portland colleague and cannabis business litigator extraordinaire Jesse Mondry authored a post titled Oregon Cannabis: Drive-Thru Marijuana Sales Ending? On Friday, December 16, we got an answer to that question. The answer, I’m glad to report, is “not at this time.” That determination came via the Oregon Liquor and Cannabis Commission’s (OLCC)

drug paraphernalia

Importing “Drug Paraphernalia” after Eteros and Keirton

Many thanks for all who attended our December 1 webinar on “Cannabis and International Trade Issues 2022.” The event was hosted by the National Customs Broker and Freight Forwarders Association of America Educational Institute (NEI). We received many questions from the audience that we were not able to get to. We plan to cover some of

cannabis security interests

Cannabis Security Interests: Dos and Don’ts

I previously wrote about how the cannabis industry should prepare itself for tough financial times. Capital is increasingly hard to come by unless you find yourself in a newly launched state like New York, perhaps. But once a state cannabis program is relatively mature, it’s only a matter of time before it’s a race to