January 2020

Cannabis Law Journal

Cannabis Law Journal

January 2020 Edition

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CBD and the FDA –  What Should the Hemp Industry Expect?

CBD and the FDA – What Should the Hemp Industry Expect?

Rod Kight writes, “This is one of the most common questions I am asked as an attorney representing businesses in the cannabis industry. The answer is perhaps more complex than it should be and depends on a number of factors, including what is meant by “legal” and, if selling CBD to consumers, how and where it is intended to be marketed.”

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Bankruptcy Protection Continues to Elude the Cannabis Industry

Bankruptcy Protection Continues to Elude the Cannabis Industry

 Due mainly to legal reforms at the state level, 2019 legal cannabis sales are expected to generate over $10 billion in revenue. Products ranging from buds, oils, and tinctures are increasingly being used medicinally to treat chronic pain, cancer, terminal illness, and some stress-related mental disorders. Recreational use is becoming legal in a growing number of states.

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What’s Going on with the FDA’s Stance on CBD?

What’s Going on with the FDA’s Stance on CBD?

Late last month, the FDA released a consumer update on products containing cannabis or cannabis derivatives. It’s unclear to me what the FDA is saying. Do they have studies to indicate that CBD is toxic? Are they using the same argument they used back in 2014, that hemp derivatives are adulterants? Or is it simply a language issue – that because CBD is not on an approved ingredient list, it’s considered an adulterant by default. We need clarity.

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Allen & Overy: German courts confirm sales bans on CBD containing food

Allen & Overy: German courts confirm sales bans on CBD containing food

In Germany, the regional/district authorities are responsible for monitoring and assessing the marketability of food and issuing sales bans. Accordingly, CBD products might be restricted to varying degrees in the individual federal states. However, the Federal Office of Consumer Protection and Food Safety (BVL) also states that CBD is not marketable in food in Germany without an authorisation. In addition, the German Federal Government seems to support the decision of the European Commission to mark CBD as novel food in the EU Novel Food Catalogue.

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Manzuri Law – End Of Year Roundup: Defining Moments in 2019 Cannabis and What They Mean for 2020

Manzuri Law – End Of Year Roundup: Defining Moments in 2019 Cannabis and What They Mean for 2020

It has been two years since California began licensing yet operators still struggle with compliance and are all still de facto, breaking one law or another.  To kick us off, hemp was legalized at the federal level, and we entered into unchartered territory, navigating uncertain waters of the newest arm of the cannabis industry with a lack of regulation or guidance. Meanwhile, the state was experiencing a severe bottleneck in its own licensing process. With the states, the feds, and the locals all making up their own rules for hemp and cannabis operations and prohibitions, the illicit market continued to thrive – creating financial hardships for licensed operators and a safety crisis for consumers.  Here’s a look back at 2019 and a projection of what’s to come in 2020 Cannabis Law. 

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California Regulated Cannabis: Reboot in 2020!!

California Regulated Cannabis: Reboot in 2020!!

The merriment of the holiday season has not overtaken California’s cannabis industry as 2019 comes to a close. The Legislature, Governor Newsom’s office, cannabis regulatory agencies (principally BCC, CalCannabis, CDPH, and CDTFA), law enforcement agencies, and a multitude of other groups and individuals interested in this industry have been confronted with the reality of a disaster. To paraphrase my father’s recurring admonition when something I attempted went wrong, “It is your own damn fault because you did not think it through.”

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New California Laws Impacting Cannabis Businesses

New California Laws Impacting Cannabis Businesses

Governor Newsom has signed several bills that impact the cannabis industry by providing relief from federal income tax deduction limitations, encouraging minority participation, encouraging union membership, and clarifying some other existing regulations.

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The legal status of CBD Oil in Germany

The legal status of CBD Oil in Germany

Due to the changing laws as you cross borders, the legality of CBD has been a rather complex issue. That being the case, we decided to give you a complete overview of CBD’s legality in Germany and its government. This article will tell you all you need to know in order to fully understand the legal status of CBD oil in Germany. Let’s get it right.

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Langlois – Canada: Green Rush

Langlois – Canada: Green Rush

The legalization of non-medical cannabis and the upcoming legalization of cannabis derivatives and edibles have had an invigorating effect on many investors and entrepreneurs, who see this as an exceptional business opportunity. However, before embarking on the development of a cannabis cultivation or processing project, several important elements must be taken into account.

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Rod Kight’s Top 5 Law Cannabis Predictions For 2020

Rod Kight’s Top 5 Law Cannabis Predictions For 2020

Making predictions about the new year is always more fun than recapping the prior one. And, while making new year’s predictions is more of a parlor trick than a serious pursuit, 2020 is clearly poised to be a historic and consequential year for cannabis.

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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

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

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
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