Prepare Your Cannabis Business for the TCPA

For some reason, many cannabis businesses believe that because they’re already violating the federal Controlled Substances Act, they’re free to violate other existing federal laws. This of course is not the case, and never has been. Even though cannabis businesses can’t get legitimate recognition or fair treatment from the Department of Justice or the Drug

Consumer Privacy, California Cannabis and CCPA Deletion Requests

The California Consumer Privacy Act (CCPA) took effect at the beginning of the year. CCPA is a massive privacy law similar in scope to the European Union’s infamous General Data Protection Regulation, and applies to many businesses (not just cannabis businesses) that are based in or even “do business” in California. I wrote about the

Curaleaf Meets the TCPA

We introduced our readership to TCPA claims in this post last month, and it looks like our prediction was right: this week, Curaleaf became the latest defendant in a long line of TCPA class action complaints filed against cannabis companies this year. The Complaint is brought by a Katherine Brooks in the Southern District of

Cannabis Litigation: TCPA Claims

If you aren’t familiar with the TCPA, you should familiarize yourself with this important statute that is currently sparking a ton of litigation in the cannabis industry. The TCPA stands for the Telephone Consumer Protection Act – a statute that was passed in 1991 to fight the incessant “robocalls” that were plaguing consumers at the

China's new personal information protection law

The Next Wave of Highly Publicized Cannabis Litigation Will Not be What You Expect

Over the last few months, cannabis and CBD companies have been subject to some pretty massively publicized cases. We’ve seen partnership disputes, consumer class actions, shareholder suits, agency enforcement actions, intellectual property cases, and more. One thing virtually nobody is talking about—or prepared for—are the inevitable wave of CCPA suits. Before I explain what CCPA

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Washington Marijuana Businesses: Watch Out for Cyber Attacks!

One of our Washington cannabis clients recently learned that its employee was the target of a cybersecurity attack. The employee, who was following instructions via a messaging app, wired money to an individual at the request of who he believed to be an owner of the company. That was not the case! The employee had fallen

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Cannabis Track and Trace Is A Disaster Waiting to Happen—and Not for the Reasons You Might Think

Most states’ regulated cannabis regimes require licensed cannabis companies to use seed-to-sale track-and-trace software. In California, the state has contracted the entire track-and-trace program to the METRC program. The METRC program isn’t yet fully implemented because many operators don’t yet have annual licenses. Our California cannabis attorneys frequently assist clients with track-and-trace compliance and preparation.

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Selling Hemp Products to Europe? Welcome to the GDPR Nightmare.

Ever since the passage of the 2018 Farm Bill, our hemp lawyers have been getting a barrage of questions about the lawful status of hemp and hemp-derived cannabidiol (“Hemp CBD”) in the United States. The hemp laws appear to be changing in favor of a pro-hemp marketplace, but at a much slower pace than the