Category: September 2018

New Jersey Cannabis Update: Federalism, Fiscal In-Fighting, and the FDA

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.

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PA/NJ Cannabis: Protected Cannabis Testing

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.

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Pennsylvania Medical Marijuana: Tides of Perception

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.

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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.

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IP Protection Spotlight: Canopy Growth

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.

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Have the Cannabis Patent Wars Begun?

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.

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Federal Study on Cannabis Raises More Questions Than It Answers

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.

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What Are the Issues Surrounding the Legalization of Recreational Cannabis for the Damage Insurance Industry?

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. 

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Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Elvin Rodríguez Fabilena


Julie Godard
Carl L Rowley -Thompson Coburn LLP

Jerry Chesler – Chesler Consulting

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

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

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

William Bogot – Fox Rothschild

Valerio Romano, Attorney – VGR Law Firm, PC

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

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

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