trademark parody

Cannabis Branding: U.S. Supreme Court Agrees to Hear Parody Trademark Case

Cannabis brands are known for clever branding and advertising. In some instances, this gets cannabis companies in trouble. See Cannabis Trademark Litigation: Wrigley Wins. Sometimes cannabis companies try to hew the parody line when riffing on an existing trademark. See Reminder: The Parody Defense to Trademark Infringement is Tricky. As my cannabis litigation colleague, Jihee

large licensing

California Large Licensing Gets Really Small

California law required the state Department of Cannabis Control to begin accepting large license applications on January 1, 2023. Earlier this year, DCC published proposed large licensing regulations (which I described here). As usually happens, on December 5, 2022, DCC dropped its second set of modifications to the proposed regulations. When DCC’s rules take effect,

social equity

Will LA’s Social Equity Retail Licensing Be Stopped?

This Thursday, December 8, 2022, the City of Los Angeles will open Phase 3, Round 2 of storefront retail licensing. The City will only accept applications from verified social equity applicants. It will select winners via a “triple-blind” lottery, awarding up to 100 retail licenses. But a guy in Michigan is trying to prevent the

security

New York’s Cannabis Retail Dispensary Regulations, Part 2: Security and Surveillance

Welcome to Part 2 in this series on New York’s cannabis retail dispensary regulations, covering security. In Part 1, we covered the rules around dispensary operations. As we also previously summarized, on Friday, October 28, 2022, the Office of Cannabis Management (OCM) released its “Guidance for Adult-Use Dispensaries” (the Regulations). The Regulations are promulgated to

california cannabis local control

California Cannabis: Welcoming a Shift Away from Local Control

It’s no secret that, among California’s many cannabis industry issues, local control continues to stymie the success of the Golden State’s industry. In this, California is not alone– most cannabis is all local. However, after these mid-term elections, there appears to be a bit of a California cannabis local control shift. That’s a good thing.

new york caurd regulations

New York’s Cannabis Retail Dispensary Regulations, Part 1: Dispensary Operations

As we previously summarized, on Friday, October 28, 2022, the Office of Cannabis Management (OCM) released its “Guidance for Adult-Use Dispensaries” (the Regulations). The Regulations provide guidance for Conditional Adult-Use Retails Dispensary (CAURD) licensees and applicants. While we believed that the Regulations could be explained in only five (5) parts, after we reviewed the Regulations,

oregon proposed cannabis rules

Oregon Proposed Cannabis Rules: Mixed Bag

We have been reviewing a raft of Oregon Liquor and Cannabis Commission (OLCC) proposed rules that could significantly affect the Oregon marijuana industry. These proposed rules have implications for licensees, potential licensees and even people doing business with industry like landlords and lenders. Everyone, really. You can find the first three posts in our series

olcc conditional approval

Oregon Marijuana: Proposed Rule Threatens Licensee Ability to Raise Capital

This post continues our discussion of rule changes proposed by the Oregon Liquor and Cannabis Commission (OLCC). (Other posts here and here, and please stay tuned for an omnibus post by Vince Sliwoski). Today the topic is a proposed revision to the rules governing changes in business structure. In particular, a proposed conditional approval rule

Warning icon sign

Oregon Marijuana: Proposed “Change in Location” Rule Adds Risk for Sellers

The Oregon Liquor and Cannabis Commission (OLCC) regularly engages in new rulemaking and this year is no different. The OLCC has a proposed a slate of rule changes it deigns as responsive to implement 2022 legislation and technical updates. But this round of rulemaking has numerous substantial revisions to the rules that are not required

washington social equity in cannabis

Washington Cannabis: LCB Approves Social Equity Rule, Flaws and All

The Washington State Liquor and Cannabis Board (LCB) voted and approved the Social Equity in Cannabis rule proposal yesterday morning, October 11. The Board’s approval will add section “570” to Washington Annotated Code Chapter 314-55. There was hope that the public comment period would yield some meaningful alterations to section 570, but the rule remains