Cannabis Patents are Approaching the Patent Trial and Appeal Board
Recreational MarijuanaUncategorized March 13, 2019
In keeping with last week’s cannabis patent litigation update, it’s important to discuss a landmark decision that was made by the U.S. Patent and Trademark Office (“USPTO”) Patent Trial and Appeal Board (“PTAB”) on claims involving a cannabis patent just two months ago. On January 3, 2019, the PTAB published its Final Written Decision in…
Read morePhase 3 Marijuana Dispensary Licensing in L.A. Finally Takes Shape
CaliforniaMedical MarijuanaRecreational MarijuanaUncategorized March 11, 2019
Big changes are coming for L.A.’s long-awaited Phase 3 licensing regarding storefront retail. The last time I wrote on this topic, the Department of Cannabis Regulation (“DCR”) made several proposals to City Council on how to re-vamp Phase 3 licensing for efficiency and expediency, which at the time the City Council pretty much rejected. However,…
Read moreCannabis Dispute? Courts are Open
Medical MarijuanaRecreational MarijuanaUncategorized March 9, 2019
Back in 2015, I wrote on this blog that we were never not litigating cannabis business disputes. That is still true today, although the forums have changed: matters are now resolved through the court system more frequently than before, when private arbitration was preferred. This is partly because the prevailing view among cannabis business attorneys…
Read moreTop Five Drags on the Cannabis Industry
Medical MarijuanaRecreational MarijuanaUncategorized March 9, 2019
There’s no question that cannabis remains a rocky, emerging industry even though entire countries and more than 30 U.S. states now have cannabis legalization or “medicalization”. The reasons why though stem from a variety of sources–federal prohibition, the patchwork quilt of regulations from state to state, the array of personalities coming into the industry from…
Read moreCalifornia Cannabis: Where Prop. 65 and Labeling Rules Meet
CaliforniaMedical MarijuanaRecreational MarijuanaUncategorized March 5, 2019
Our California cannabis attorneys have been getting inundated with packaging and labeling review since each California cannabis licensing agency adopted its final rules in January 2019, and even before that when the rules were under consideration. One thing that many California cannabis companies—and especially cannabis companies from other states who are stakeholders in California—often overlook…
Read moreOregon Cannabis: 2019 Legislative Forecast and Report
Medical MarijuanaOregonRecreational MarijuanaUncategorized March 1, 2019
The Oregon legislature has been grappling with cannabis for five consecutive years. Talking with those in Salem trenches, one senses some fatigue. At this point, over a month into the 2019 session, a preponderance of legislators appear vaguely inclined to “let it ride” and drop the big ideas when it comes to cannabis. This means…
Read moreAnd Best Democratic Experiment Goes to . . . (Legal?) Weed at the Oscars
CaliforniaMedical MarijuanaRecreational MarijuanaUncategorized February 24, 2019
MarketWatch ran an article last week on how this year’s Academy Award swag bags “are packed” with “legal” cannabis. I’m always happy to see an article like this because it means California legalization is working. And yet, these glam-o, cannabis friendly goodie bags are a good reminder to cannabis businesses (and the ancillary businesses that support…
Read moreIs Six Years of Oregon Cannabis Supply Enough Already? OLCC Weighs In.
OregonRecreational MarijuanaUncategorized February 21, 2019
Last week, I covered the Oregon Secretary of State’s audit report of Oregon marijuana regulation. On January 31, the same day the audit was released, the Oregon Liquor Control Commission (OLCC) submitted its 2019 Recreational Marijuana Supply and Demand Legislative Report (“Report”). The Report’s key finding is nothing new: supply exceeds demand within Oregon’s recreational market….
Read moreBattle Royale? Phase 3 Cannabis Licensing in City of Los Angeles
CaliforniaMedical MarijuanaRecreational MarijuanaUncategorized February 19, 2019
The City of Los Angeles has long endured questions surrounding its elusive Phase 3 licensing process for cannabis businesses. The City completed Phase 1 and 2 licensing without too much crazy change, but Phase 3 is very likely going to be a different story, and will affect a lot of stakeholders for better or worse….
Read more