Issue 10 Cannabis Law Journal: September 2018
Welcome to our 10th issue of Cannabis Law Journal
Read Moreby Sean Hocking | Sep 4, 2018 | Cannabis Law Journal, September 2018 | 0
Welcome to our 10th issue of Cannabis Law Journal
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
The World Health Organization (WHO) issued a Critical Review Report (Report) on cannabidiol (CBD) on June 7, 2018. The Report is an update and extension of the Pre-Review Report on CBD that was prepared by Professor Jason White of Australia and released in November 2017 (Pre-Report) to the Expert Committee on Drug Dependence (ECDD).
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
Governor Phil Murphy has pledged his support for legalizing the recreational adult use of cannabis, but his administration is at an impasse with state lawmakers over the 2019 budget. State legislators have included $60 million in revenue from taxes on medical cannabis in their $32.6 billion budget, but they have not included any revenue from recreational use because it remains illegal in the Garden State. Earlier this year Governor Murphy predicted the state would take in $80 million from recreational cannabis.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
On August 10, 2018, a federal judge sitting in Camden, New Jersey, dismissed a forklift operator’s claim that his employer violated the state’s employment discrimination laws by requiring him to submit to a drug test that he acknowledged would reveal his use of prescribed medical marijuana. In Cotto, Jr. v. Ardagh Glass Packing, Inc. et al., USDC NJ, Civ. (1:18-cv-01037), the Honorable Robert B. Kugler held that neither New Jersey’s Law Against Discrimination (LAD) nor the Compassionate Use Medical Marijuana Act (CUMMA) requires an employer to waive drug testing as an accommodation to an employee who holds a valid prescription for medical cannabis.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
According to a study released by the Annals of Internal Medicine on July 24, 2018 (July AIM Report), about 81% of Americans believes that medical marijuana has at least one benefit. In a 2017 survey of 9,003 adults, people identified pain management (66%), diseases such as epilepsy or multiple sclerosis (48%),and relief from anxiety, stress and depression (47%) as conditions that are treatable with cannabis. Of those surveyed, 29.2% believes that cannabis prevents health problems. Only 17% of those surveyed believes that cannabis provides no medical benefits.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
As most business owners know, having protection over one’s brand is important, and trademarks are a popular way of protecting that brand. For many years, having federal trademark protection was the “gold standard” of trademark protection. However, there exist other forms of trademarks which can be excellent tools for the right type of business, such as for cannabis startups that touch the cannabis plant.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
Canopy Growth Corporation, a Canadian based company is one of the leaders in the cannabis production industry. The brands under Canopy Growth’s umbrella are all based in Canada. Founded in 2014, Canopy Growth is now a publicly traded company on the New York Stock Exchange and owns a vast intellectual property portfolio. We decided to take a look at the steps they have taken to protect their assets in this growing sector.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
Once upon a time, we set out to complete license applications for cannabis businesses in California – Retailers, Distributors, Cultivators and manufacturers.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
This post was prompted in part by some of the questions we have received regarding IRC Sec. 280E.1 Some in the cannabis industry appear to not realize that IRC Sec. 280E applies to the industry before the retail [Dispensary] level.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
What if a company patented any liquid form of high-potency cannabis? And, what would happen if that company used the patent to shut down the operations of anyone making these liquid forms? Those are the questions raised by a lawsuit filed in Colorado federal court on July 30, 2018, and the answers could have existential consequences for many cannabis businesses.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
The White House Office of National Drug Control Policy (ONDCP) recently released “An Initial Assessment of Cannabis Production, Distribution, and Consumption in Oregon 2018 – An Insight Report.” The report “does not purport to be a policy evaluation or policy performance review; rather [the] assessment provides a verifiable analysis of assorted information and data.” A review of the data and its presentation raises more questions than it answers. The assessment presents data in a way that conflates Oregon’s adult-use, medical and black markets. As a result, it is challenging to determine what, if any, policy response might be appropriate.
Read Moreby Sean Hocking | Sep 3, 2018 | Cannabis Law Journal, September 2018 | 0
The Government of Canada recently announced that Bill C-451 on the legalization of recreational cannabis (“Federal Cannabis Act“) and its regulations will officially come into force on October 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework.
Read MoreEditor – Sean Hocking
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