Why Handshake Cannabis Deals Are BAD
Uncategorized February 17, 2020
A lawyer I know once told me that the primary motivation behind drafting a contract should not be making each party’s obligations clear or negotiating better terms, but instead should be ensuring that when there is litigation, that party is in the best possible position to win. Having written and litigated numerous contracts, I could…
Read moreICYMI: Proposed Emergency Regulations Require QR Code on All Licensed California Retail Cannabis Premises
CaliforniaUncategorized January 28, 2020
On Thursday, January 23rd, the Bureau of Cannabis Control (BCC) announced new proposed emergency regulations that will make it mandatory for all cannabis businesses to post their unique Quick Response Code (QR Code) in their storefront windows and to carry it with them while transporting or delivering cannabis. According to the BCC, these new regulations…
Read moreReceivership and Distressed Cannabis Assets in California
CaliforniaReal EstateUncategorized January 10, 2020
Succeeding in the cannabis industry is not easy, especially in California. Complex regulation, high taxes, expensive real estate, and competition with the black market are just a handful of factors that challenge cannabis businesses. The majority of players lack sufficient reserves and agility to stay in the game. Due to the substantial upfront costs required…
Read moreTop Canna Law Blog Posts of 2019
Uncategorized December 31, 2019
Happy New Year! Before we cue up our favorite version of Auld Lang Syne, pop the CBD-infused champagne, and begin to celebrate the roaring 20s, we’d like to take a look back. 2019 was another big year for cannabis, and another busy year for the Canna Law Blog. We dove deep into our archives on Facebook,…
Read moreCalifornia Cannabis Enforcement Begins
CaliforniaUncategorized December 21, 2019
It’s no secret that California’s illicit cannabis market is alive and well; a recent audit showed that there are nearly 3,000 unlawful cannabis businesses in the Golden State. A few months ago, I wrote a post offering a few suggestions on how the state could combat the problem of illicit cannabis, and I am not…
Read moreProtecting Hemp-CBD Business Information
HempOregonUncategorized December 20, 2019
According to recent reports, the hemp-derived cannabidiol (“Hemp-CBD”) market is expected to grow by 700 percent by 2020 and grow to $2.1 billion by 2020. Given this significant growth forecast, sensitive business information (also known as trade secrets) has become an incredibly valuable asset for Hemp-CBD stakeholders. Realizing value from those trade secrets requires sharing them with…
Read moreHemp-CBD, Oregon and the Unlawful Trade Practices Act
HempOregonUncategorized December 11, 2019
This is the first in a three-part series addressing why companies making and sell hemp-derived CBD products ought to be concerned about state consumer protection laws and offering a few thoughts on how to mitigate the risk of running afoul of those laws. This week we will look at Oregon, followed by Washington, and California….
Read moreCannabis Patent Litigation: Remedies for Patent Infringement
Uncategorized November 16, 2019
Continuing our discussion from last week, we received a few follow-up questions on whether patent litigation is really worth the trouble and what can be potentially recovered. In short, the amount of damages you can recover for patent infringement is outlined by statute. Here is a cursory discussion of the different types of damages that…
Read moreCannabis Patent Litigation: What Constitutes Infringement?
Uncategorized November 6, 2019
As expected, the U.S. Patent and Trademark Office has continued to increase the number of patents issued containing the words “cannabis” or “marijuana” this year. Because we anticipate that the growing number of patents in this industry and progression of the first cannabis patent lawsuit (covered here, here, here, and here) inevitably will inspire more…
Read moreCBD Products and False Advertising Under the Lanham Act
HempUncategorized October 12, 2019
A few weeks ago, I wrote a Hemp/CBD litigation forecast in which I predicted that at some point a CBD company will make use of the Lanham Act by claiming that a competitor is engaging in false or misleading advertising. (See here). In that post I promised to go into the Lanham Act in further…
Read more