california interstate cannabis sales export

California Might Legalize Interstate Cannabis Sales

A few weeks ago, California lawmakers quietly introduced SB-1326, a bill that would amend the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to legalize interstate cannabis sales, notwithstanding the status of federal law. Specifically, SB-1326 would authorize the Governor to enter into an agreement with other states authorizing medicinal or adult-use commercial cannabis

ada cannabis good guys litigation

ADA Cannabis Class Actions: Good Guy Edition

We’ve written about the need for cannabis companies to mind the Americans with Disabilities Act (the “ADA”) before, and, as evidenced by a recent filing against Good Guy Vapes Int LLC (“Good Guy”), the complaints haven’t slowed down. Cannabis company operators large and small should be aware of the growing trend of federal class action

international travel cannabis marijuana

Do Not Travel with Cannabis Products

The recent arrest in Russia of WNBA player Brittney Griner highlights the perils of traveling with cannabis products. For those not familiar with the matter, Griner was detained after Russian Customs “allegedly found vape cartridges containing cannabis in her luggage.” At the onset, it must be noted that Griner’s arrest comes at a time of

cannabis and web3 crossover

Cannabis and Web3 Crossover: Tokenization

Since launching our Web3 practice group, we have been getting steady inquiries regarding cannabis and web3 crossover. In this post, I focus on the tokenization of cannabis business assets, which often occurs through ICOs (initial coin offerings). This is currently an unsettled area of law in the U.S., and we do not recommend trying to

all businesses are marijuana businesses (MRB)

Cannabis Banking: All Businesses are Marijuana Related Businesses

All U.S. businesses are marijuana related businesses (MRBs). By “all” I mean everyone from Amazon to your local hardware store, with very few exceptions. Allow me to explain. Guidance on banking and MRBs Over eight years ago, the Financial Crimes Enforcement Network published the FinCen Memorandum of February 14, 2014 (“FinCen Memo”). FinCen is a Bureau

New Citizen Petition Filed by CBD Company

New Citizen Petition Filed by CBD Company

On February 21, the Natural Product Association (NPA) filed a citizen petition with the Food and Drug Administration (FDA) on specific cannabidiol (CBD) relief in which it requests enforcement discretion for the premarket approval of CBD products. In its petition, the NPA is asking the FDA to do one of three things: Determine that CBD

Courts Deny Naturalization Petitions Due to Marijuana

Courts Deny Naturalization Petitions Due to Marijuana

We often write of the pernicious effects of the War on Drugs in the criminal law context as well as its harmful impacts on the hemp and (state) legal marijuana industries. This post turns to another issue resulting from federal illegality – the inability of a lawful permanent resident to petition for naturalization and and

Use in Commerce of Cannabis Trademarks

Use in Commerce of Cannabis Trademarks

While cannabis brands need to be mindful of cannabis-specific trademark issues, they must also pay attention to trademarking basics. Back in January, we discussed three key trademark issues: distinctiveness, likelihood of confusion, and application bases. Today we continue our exploration of trademark basics, looking at the importance of choosing goods and services thoughtfully, in order

legality of cannabis churches

Are Cannabis Churches Legal?

I’ve spent considerable time explaining the law regarding religious use of psychedelics on the Psychedelics Law Blog lately. A lot of that same law applies equally to cannabis. Naturally, I want to answer a similar question here: are cannabis churches legal? The answer is that they are basically “legal” in the same sense that cannabis

hemp thc limit 1%

Federal Bill Would Raise THC Limit in Hemp to 1%

The battle to raise the limit of THC allowed in hemp from .3% to 1% continues. The 2018 Farm Bill defined hemp as “[t]he plant species Cannabis sativa L. and any part of that plant . . .  with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” It