WSLCB seems to want it both ways on “residency.” Despite lobbying efforts to the contrary, Washington has maintained its strict state residency requirement for Washington cannabis business owners. If a person wants to own 0.001% of a cannabis business, the Washington State Liquor and Cannabis Board (WSLCB) requires that... Read more
Home of fewer illegal grows. Federal enforcement of the Controlled Substances Act in states that have legalized cannabis has been a huge question mark for years, but especially so in California since the 2016 passage of Prop 64, which legalized medicinal and adult-use cannabis and laid the framework for... Read more
Will they get it right this time? Cannabis prohibition under U.S. federal law is nonsensical and causes many problems, from oppressive taxation to civil rights violations. Under international law, however, things may be even worse. Fortunately, it was reported this week that the United Nations (U.N.) will finally take a... Read more
Is the vape industry in real trouble? Like so many other U.S. industries, the U.S. vaping industry is now in the crosshairs of a 25% tariff on products imported from China. The first two waves of President Trump’s proposed tariffs against China covered about $50 billion worth of Chinese... Read more
…In a good way, for cannabis landlords. Almost two years after the passage of Proposition 64, the 2016 California voter initiative to legalize and regulate medicinal and adult-use cannabis, California has begun to finalize its regulations that will govern the largest cannabis market in the country, though that effort... Read more
We can explain. Cannabidiol (“CBD”) products are suddenly everywhere. But as much as opportunity and possibility have opened in the hemp-derived CBD industry, so too have legal pitfalls and snares that can confuse just about anyone breaking into this new market. When it comes to navigating the trails that... Read more
Talking with Washington State cannabis enforcement officers is like playing with fire Many of my firm’s recent Washington State cannabis enforcement cases contain a commonality. During the investigation stage, Washington State Liquor and Cannabis Board (WSLCB) enforcement officers tell licensees that their main goal is to achieve compliance. They... Read more
Cannabis has remained federally illegal at the same time states continue to legalize cannabis in one form or another. As a result of legalization, private parties enter and perform contracts, loan and borrow money, and convey leasehold property rights in ways that involve cannabis. These contracts affect and depend... Read more
We’ve gone over the obstacles to obtaining federal trademark protection at length, but given recent inquiries our cannabis trademark attorneys have been receiving lately, it seemed high time to revisit what exactly makes a trademark “strong” or “weak.” I regularly have clients come to me with catchy marks they... Read more
…with your California cannabis lease. The current state of enforcement in California tends to be dominated by headlines about the Department of Justice, Jeff Sessions, the DEA, and the Controlled Substances Act. And for good reason—under the constitution, federal law is the law of the land, and commercial landlords... Read more