July 2020

Cannabis Law Journal

Cannabis Law Journal

July 2020 Edition

Hoban Law: Israeli Government Issues Order Enabling Cannabis Export

Hoban Law: Israeli Government Issues Order Enabling Cannabis Export

In a move long awaited by the local cannabis industry, Israel’s Minister of Economy and Industry issued an order on May 13, 2020, adding cannabis and cannabis products to the list of goods permitted for export.   The order, signed by outgoing Minister Eli Cohen in the final days before Israel’s new government was sworn in, enables Israeli producers to export a variety of cannabis products after they receive a license from the Health Ministry. 

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Kight Law: Novel Foods: Validation & The UK Deadline

Kight Law: Novel Foods: Validation & The UK Deadline

As previously discussed here in my introductory blog post about Novel Foods in the European Union (EU), the sale of cannabidiol (CBD) products in all EU Member States is prohibited unless the product has been authorized for sale following a risk assessment conducted under the Novel Foods procedure. This procedure, set forth in Regulation (EU) 2015/2283, governs the lengthy process a company must follow in order to have its food and/or ingredient product approved for distribution in the EU.

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Hoban Law: Mexico Cannabis Legal Update #17 – Bill Introduced Against Sale of Paraphernalia

Hoban Law: Mexico Cannabis Legal Update #17 – Bill Introduced Against Sale of Paraphernalia

On June 10, 2020 a bill was introduced in the Mexican Congress with the intention to sanction and ban sale of illegal drugs paraphernalia (equipment, products and material to produce, consume, conceal or prepare illegal drugs). Such bill is not yet being reviewed nor scheduled to voted by the corresponding comittees but it is widely seen as a negative signal that contradicts those indicating the country’s movement towards the regulation of cannabis and other drugs.

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Jordan Zoot: California – Harbourside’s New Lawyers

Jordan Zoot: California – Harbourside’s New Lawyers

Harborside has new tax lawyers.  Harborside’s new tax lawyers have appealed the DECISION of the United States Tax Court entered October 19, 2019, that determined Harborside has deficiencies in income tax in the total amount of $11,013,236.75 for the years 2007-2012.

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Rod Kight: Medical Cannabis & Workers Compensation

Rod Kight: Medical Cannabis & Workers Compensation

Thirty-three states and the District of Columbia have legalized cannabis for medical purposes, and many others have passed limited measures that allow the medical use of certain low-THC cannabis extracts. In states where patients (and doctors) obey state law, one might expect that insurance companies would treat doctor-approved medical cannabis on a level playing field with other therapies. Unfortunately, because cannabis remains unlawful under federal law and is not an FDA-approved medication, that has not been the case.

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Jordan Zoot: California: Smart People – Bad Decisions !

Jordan Zoot: California: Smart People – Bad Decisions !

Why is California’s cannabis industry in a state of chaos 2+ years after adult-use sales of cannabis were legalized?  Why did California fail so badly in transforming a stable, lightly regulated medical cannabis industry into a heavily regulated medical and adult-use...

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Saul Ewing Arnstein & Lehr LLP: Municipalities’ Unauthorized Attempts to Interfere with Medical Marijuana Businesses’ Ability to Serve The Adult-Use Market

Saul Ewing Arnstein & Lehr LLP: Municipalities’ Unauthorized Attempts to Interfere with Medical Marijuana Businesses’ Ability to Serve The Adult-Use Market

The licensing and permitting of any business is often challenging, time consuming, and frustrating. Those challenges are exponentially increased in the highly-regulated and constantly-evolving cannabis industry, which, while illegal under federal law, is now authorized and regulated for medical use in 33 states, with 11 of those states also allowing adult use.

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The Perils of Success: Innovator Liability & the Emerging Cannabis Market

The Perils of Success: Innovator Liability & the Emerging Cannabis Market

Recreational marijuana and CBD products have swept the nation, with legal and regulatory acceptance growing on a daily basis. While some companies believe that the true value lies in cultivation of recreational marijuana or low-intensity CBD products, others have focused on developing patentable drugs from cannabis compounds.

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Frost Brown Todd: Hemp and CBD Class Actions

Frost Brown Todd: Hemp and CBD Class Actions

Early this year, plaintiffs’ lawyers filed seven nationwide class actions in California federal court against some of the largest cannabidiol (CBD) providers in the United States. In these class actions, plaintiffs alleged that the very sale of CBD products is illegal. Plaintiffs bolstered their theory by picking and choosing among nonbinding Food and Drug Administration (FDA) communications, taking advantage of the unsettled state of the law.

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Stinson LLP: Marijuana Investment Lawsuits Are on the Rise:  Steps Marijuana Entities and Investors Can Take to Mitigate the Risks

Stinson LLP: Marijuana Investment Lawsuits Are on the Rise: Steps Marijuana Entities and Investors Can Take to Mitigate the Risks

The marijuana industry continues to develop and expand at a rapid pace. With that expansion comes the need for capital. The lack of access to traditional financing, however, means that most of the capital comes from either individual investors or private equity groups. The use of investor money comes with inherent risks for both the investor and the companies benefiting from those funds. These risks can materialize into actual disputes at any time, but they surface most often when the economy falters or the business fails to perform as expected.

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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