canna law blog

Litigios sobre cannabis: Otro golpe a la defensa de ilegalidad (Kennedy contra Helix TCS, Inc.)

Sí, el cannabis sigue siendo ilegal a nivel federal. Pero no, eso no significa que las empresas de cannabis deban actuar como si la ley federal no existiera. Existe, y probablemente se aplica a cualquier negocio de cannabis. Sin embargo, nuestros abogados de cannabis a menudo escuchan afirmaciones de que la ley federal no se aplica. De hecho, dos preguntas que he oído en numerosas ocasiones son: Si la

canna law blog

Litigation Update: Who Decides Whether You Can Ship Hemp Through Idaho?

Regular readers know that we are in the midst of presenting a 50-state series analyzing how each state treats hemp-derived cannabidiol (“Hemp CBD”). Recently we covered Idaho, which we neatly summarized as “probably the worst state in the country to get caught with hemp.” The article explains why this is so in detail.  Among the

canna law blog

Oregon Hemp Litigation: Bad Contract = Big Federal Court Claims

We frequently write on hemp litigation and the ways farmers and purchasers can mitigate the risks inherent in this new industry. Along with others, we have stressed the importance of strategic and careful thinking before entering into a hemp-related contract.  Our cannabis lawyers frequently write and speak on these and related topics. A couple of

canna law blog

Cannabis Securities Litigation: Don’t Expect to Put One Past the SEC

Since 2014 we’ve cautioned investors about publicly traded marijuana stocks. Back then we cautioned would-be investors about “pot companies that are trading at frothy levels that are not well-positioned to compete in the marijuana marketplace.” More recently, we’ve written about the scale of mergers, acquisitions, and cross border work, how to “raise money right,” and

canna law blog

Cannabis Patent Litigation Update: The 911 Patent Passes the (Alice) Test!

As promised, here’s an update on the first ever cannabis patent infringement case, which we’ve previously written about here and here.  Since it’s been a little while – plaintiff United Cannabis Corporation (“UCANN”) owns the “911 Patent,” which generally covers liquid cannabinol formulations of a purified CBD and/or THC greater than 95%. Last July, UCANN

canna law blog

Did the 2018 Farm Bill Open the Door to Importing Hemp?

We get a ton of questions about whether it’s legal to import hemp into the U.S. It’s a complicated question without a clear answer. We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g., the mature

canna law blog

BREAKING NEWS: 24 Cities Sue California Over Statewide Cannabis Delivery Rule

As expected (and as we’ve written about here), California cities have joined forces to fight the State’s regulation allowing delivery of cannabis in every jurisdiction. Here is a copy of the complaint. The lawsuit was filed in Fresno County Superior Court against the California Bureau of Cannabis Control and its chief, Lori Ajax. The local

canna law blog

Oregon Cannabis Litigation: OLCC Looking for Willing Partners

Last Thursday, in one of the few (to our knowledge) contested cases heard by the OLCC concerning cannabis, the OLCC accepted unanimously the findings of a state Administrative Law Judge (ALJ) and denied an application for a recreational marijuana producer license. You can read the press release here. The decision merits comment as a case

canna law blog

Cannabis Patent Litigation Update: Is Extraction and Preparation Prior Art?

About six months ago, we posted news of the first ever cannabis patent infringement case.  As a reminder, the case was initiated by United Cannabis Corporation (“UCANN”) in the United States District Court, District of Colorado against its in-state competitor, Pure Hemp Collective Inc. (“Pure Hemp”). The subject patent is U.S.P. 9,730,911 – “cannabis extracts