Canna Law Blog

ICYMI: Here Comes California-Certified “Comparable-to-Organic” Cannabis

Due to the federal illegality of cannabis, cannabis businesses don’t receive normal treatment from the federal government (with maybe one or two exceptions, like the NLRB and the 2014 FinCEN guidance for access to financial institutions). This obviously mucks up the ability of a cannabis business to operate in a consistent and reliable way, and

Canna Law Blog

NIST and FDA May Be the Cannabis Quality Assurance Heroes We Need

Over the years, we’ve pointed out when federal agencies opt to ignore the federal illegality of cannabis. It happens more often than you might think depending on the topic (see, for example, the NLRB). One agency, though, that has surprisingly never lifted a finger against state-legal cannabis–though it is taking a closer look at CBD–is

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Canna Law Blog

Medical Marijuana Raids: A Thing of the Past?

We’ve reminded you again and again that marijuana is still illegal on a federal level — just look at our disclaimer to the right. No matter how legal marijuana may be in your state, its illegality under federal law can cause problems. Some changes may be underway, however, when it comes to how the federal marijuana prohibition is enforced.

Canna Law Blog

ICYMI: DEA and Cannabis Research Still Lousy Bedfellows

One of the main reasons why “marijuana” remains a federally illegal, Schedule I controlled substance is that, according to the Feds, it has no currently accepted medical use. At the same time, because of the federal illegality of cannabis, the federal government has routinely denied third party requests for further research in regards to its

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Canna Law Blog

CBD Companies Should Prepare Now for Product Liability Claims

We counsel our cannabis (and non-cannabis) clients extensively on product liability issues, and have warned them that the federal illegality of their products will not shield them from the same products liability risks faced by companies in other industries. We extend the same warnings to our cannabidiol (CBD) clients, who, if they are operating outside

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Canna Law Blog

Federal Antitrust Scrutiny and (Certain) Cannabis Deals

If you follow state-by-state legal cannabis legalization, you’re aware that despite the federal illegality of cannabis, certain federal agencies police the cannabis industry like they do any other legal industry. For example, the NLRB has been known to go after cannabis companies engaged in hostile workplace conduct and the Department of Treasury contemplates banking services to

Canna Law Blog

California Cannabis Litigation: Airing the Dirty Laundry Edition

We’ve written a good amount on how ugly litigation will be. There’s federal illegality and the possibility that a court refuse to rule on a contract dispute because cannabis is federally illegal. Companies can be sued for false advertising and have all of their profits attributable to the false advertising disgorged by competitors. Allegedly false

Tribal Cannabis
Canna Law Blog

Is Tribal Cannabis on a Comeback Tour?

For people in the know, the cannabis industry is an unpredictable roller coaster for a number of reasons having to do with federal illegality, evolving state regulations, and market volatility. One faction of the industry that many thought would immediately take off is cannabis being grown and sold in Indian Country by Native American Tribes.

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Canna Law Blog

FREE Webinar – Changing Tides: Lobbying on Cannabis Issues in the Biden Administration

Watch HERE! With Democrats now in control of the White House and Congress, the chances of federal legalization and regulation have never been better. Prior industry lobbying efforts have mostly focused on rescheduling cannabis under the Controlled Substances Act, but the inability to bank cannabis proceeds or deduct business expenses (due to federal illegality) has

Lobbying on Cannabis Issues
Canna Law Blog

FREE Webinar – Changing Tides: Lobbying on Cannabis Issues in the Biden Administration

Watch HERE! With Democrats now in control of the White House and Congress, the chances of federal legalization and regulation have never been better. Prior industry lobbying efforts have mostly focused on rescheduling cannabis under the Controlled Substances Act, but the inability to bank cannabis proceeds or deduct business expenses (due to federal illegality) has