September – 2017

Cannabis Law Journal

Cannabis Law Journal

September 2017 Edition

Arizona: Medical Marijuana & DUI In Arizona

Despite the existence of voter supported medical marijuana laws in Arizona, the current trends towards legalization nationally and the total failure of the foolish “drug war,” controversy about the legalization of marijuana remains.

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Canada: The New Proposed Cannabis Act: Implications for Franchisors

The proposed legislation to legalize cannabis production, possession, distribution and sale for recreational use may create unique opportunities for future franchisors; those opportunities, however, come with challenging legal issues that should be addressed early in the process of creating any new franchise.

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USA: Risk Factors In Cannabis Fundraising

Under the U.S. Securities Act of 1933, public offerings of securities must be registered with the Securities Exchange Commission. This is a federal law, and each state has additional statutory and regulatory requirements for offerings made to residents of that state.

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USA: The Gorilla Glue Case: The Lesson is Clear

This article explores the potential for exposure on the trademark front, as exemplified by a recently filed lawsuit, and how a cannabis business can adopt some best practices to avoid the typical trademark pitfalls in an imperfect legal landscape, including taking a holistic approach to intellectual property strategy.

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USA: The Legal Status of Cannabidol, Other Cannabinoids & Terpenes Derived From Industrial Hemp

Is CBD legal? This sounds like an innocent and simple enough question. Certainly, it deserves a simple, straightforward answer. As a lawyer who represents legal cannabis businesses I’m asked this question often. Unfortunately, the legal status of CBD, cannabinoids, and terpenes- all constituent components of the cannabis sativa plant- is anything but simple and straightforward. I intend to shed some light on the subject in this article.

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USA: Insuring the Product Liability Risks of Cannabis

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle accidents and consumption-related injuries. The potential for an increase in the number and value of cannabis-related product liability claims and lawsuits, however, is of particular concern to the cannabis and insurance industries. The production, distribution and sale of an ingestible product that has psychoactive effects – accompanied by a wide range of anticipated labeling and marketing representations – will certainly result in robust product liability litigation.

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Cannabis Law Journal – Editorial Board Members

Editor
Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Israel
Clifton Flack – Cannatech

New Zealand
James Greenland – NZ Lawyer

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Yulian Shtern – Abrahams Law
Elizabeth S.Kase – Abrahams Law
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Amy Margolis
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild

West Indies & Jamaica
Barry Gainsburg PA – Cannabis & Securities Legal Advice