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  • California Cannabis Claims: Intentional Interference with Contractual Relations

    Welcome back to our litigation series on California cannabis claims. Today, we’ll be discussing intentional interference or “tortious interference” – which may apply to your situation if you find that a third party is improperly interfering with you and your contractual relationships. Introduction This claim stems from California’s basic recognition that contractual relationships are worthy...

  • The Effort to Decriminalize Psilocybin in California is Underway

    Psilocybin has been in the news with increasing frequency as research into psychedelic therapy has proliferated, and a number of local jurisdictions, including the cities of Oakland, Denver, and Santa Cruz have decriminalized psilocybin to varying degrees. Much like cannabis, public perception of certain psychedelics like psilocybin is shifting rapidly, as people really the incredible...

  • Hemp CBD Across State Lines: Oklahoma

    The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp...

  • Real Estate Development in California: Join us February 26 in L.A.!

    Developers of cannabis projects in California want to turn projects around as quickly and cheaply as possible, and are frequently frustrated by the amount of time, money, and effort required for the entitlement process. On Wednesday, February 26, a panel of real estate development experts will explain the entitlement process in California at a LACBA...

  • Power to the People: Kern County Measure D Will Give Voters Control of Medical Cannabis

    Last week, I presented oral argument to the Fifth District Court of Appeal in support of the people’s right of referendum. Long story short, the Kern County Board of Supervisors banned medical marijuana dispensaries in 2011, the people protested via referendum petition, and to this day the County has refused to comply with the legal...

  • The Psilocybin Movement is Like the Cannabis Movement (Except When It’s Not)

    There is a bona fide movement underway with psilocybin. Decriminalization occurred last year in Denver, Oakland and Santa Cruz, and that was just a start: nearly 100 other cities are looking at decriminalizing psychedelics. At the state level, ballot measures are out for signature in California and Oregon. Federally, legislation has been proposed to allow...

  • ICYMI: Trump Dumps on Medical Cannabis (Again)

    At this point, it probably feels to most people like the federal government is standing down when it comes to state-legal cannabis and cannabis businesses. It started back in 2013 with the Cole Memo when U.S. Deputy Attorney General James M. Cole opined in a memorandum that U.S. attorneys shouldn’t really prioritize federally illegal cannabis...

  • Why Handshake Cannabis Deals Are BAD

    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...

  • Hemp CBD Across State Lines: Ohio

    The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp...

  • Washington Marijuana Businesses: Watch Out for Cyber Attacks!

    One of our Washington cannabis clients recently learned that its employee was the target of a cybersecurity attack. The employee, who was following instructions via a messaging app, wired money to an individual at the request of who he believed to be an owner of the company. That was not the case! The employee had fallen...

  • The Four Basic Labeling Requirements for CBD Products

    Last week, I attended Portland’s Hemp CBD Connex, an annual event that highlights the vast potential of hemp and CBD. Of interest to me–because my practice focuses on the regulatory framework of CBD products–was a panel entitled “Weeding Through the CBD Jungle: How to Grow, Run and Be Successful.” This panel was led by two...

  • Anatomy of a Cannabis Insurance Policy: Exclusions

    Previously I wrote about insurance generally (see here) and products liability insurance specifically (see here). Today I want to look at some policy exclusions to point out potentially problematic terms that you may notice when reviewing your insurance contract during your annual insurance audit. First, I need to mention some truths that I believe are...

  • Understanding FARA Part 3: The Registration Documents

    We Americans do not like foreign governments meddling in our domestic affairs, but our laws permit some activities if they are disclosed. This is the third of three posts (first post here and second post here) regarding non-governmental (not to be confused with “NGO”) economic and political agents who operate and exert influence on U.S....

  • Two Pending Bills Could Substantially Change Washington’s Cannabis Advertising Laws

    Last month, two pieces of legislation were introduced to the legislature that could substantially alter Washington State’s advertising laws: HB 2350 and HB 2321. Each bill would tighten advertising restrictions for cannabis businesses, particularly with regard to advertising that could appeal to youth. Both bills were filed pre-session, and both already have moved into the...

  • Oregon Cannabis 2020: Legislative Forecast and Report

    Last week, Oregon kicked off the 2020 legislative session. Because we are in an even-numbered year, this will be a 35-day session. In short sessions, we tend to see fewer pieces of introduced legislation. The prospects for a productive session may also be lower than usual in 2020, given that House and Senate Republicans are threatening...

  • The International Cannabis Trade: FREE Webinar March 4!

    In the past year or so, we have seen a remarkable uptick in requests for advice and legal services related to the international cannabis trade. Our business and international trade attorneys continue to blaze trails with clients from all over the world on import/export agreements, foreign direct investment, compliance, customs issues and everything in between....

  • Hemp CBD Across State Lines: North Dakota

    The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp...

  • February 14th in Las Vegas: Harris Bricken Presents at the USA CBD Expo

    Harris Bricken cananbis attorneys Nathalie Bougenies and Griffen Thorne will present at the “Nation’s Largest CBD Event” in Las Vegas on February 14th. This Main Stage panel begins at 12pm, and will examine the complex and ever-evolving regulatory framework of hemp CBD. Nathalie, who has written extensively on market regulations and trends, will address ongoing...

  • Will QR Codes End California’s Illicit Cannabis Market? No, But They Are a Start

    Last year, the California cannabis agencies started to ramp up enforcement activities against unlicensed operators. Still, if you ask any licensed cannabis business, enforcement against unlicensed competition is far from where it needs to be. It was widely reported last year, for example, that there were 3,000 illegal cannabis businesses in California. My best guess is that...

  • California Cannabis Claims: Fraud

    Welcome back to our litigation series on California cannabis claims. Fraud is one of those claims that clients believe will be easy to pursue, but it actually requires a lot of factual development and proof, even just to assert it in a complaint.  Below is a primer. Introduction A fraud claim requires six elements: (1)...

  • USPTO Grants Trademark for PSILOCYBIN, But Don’t Get Too Worked Up Yet

    A few weeks back, Twitter was abuzz about the fact that the United State Patent and Trademark Office (“USPTO”) granted a federal trademark registration for the word PSILOCYBIN. The mark was registered by the company Black Pandas LLC and applies to the following services in Class 041: “Development and dissemination of education materials of others...

  • Ante el coronavirus, ¿oportunidades para España?

    De acuerdo a un estudio de la firma Grant Thornton (del cual nos informamos gracias a nuestros amigos de la Cámara de Madrid), los exportadores españoles afrontan con optimismo el año en curso. El 41% de las empresas españolas espera aumentar sus exportaciones durante 2020, una cifra superior a la de la Unión Europea (UE) en general...

  • California Cannabis: DCR Issues City of Los Angeles Licensing Update

    On Friday, January 31, the Los Angeles Department of Cannabis Regulation (“DCR”) issued an updates bulletin to stakeholders via email that outlines some important highlights and reminders for licensees and would-be licensees in the City. Below are the key points, with analysis. 1. 100 Phase 3 Retail Round One applicants determined eligible for further processing. The...

  • What To Consider Before Entering the European CBD Market

    This past year, the cannabidiol (“CBD”) craze has taken the world by surprise, showing remarkable prospect for economic growth. According to BDS Analytics and Arcview Market Research, the CBD market is expected to surpass $20 billion by 2024 in the United States alone. Europe has also witnessed a huge demand for the most coveted cannabinoid,...

  • Hemp CBD Across State Lines: North Carolina

    The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp...

  • UCLA Cannabis and the Law Series: “The Legal Landscape of Cannabis in California”

    ***ROOM LOCATION HAS CHANGED to UCLA Law School, Law 1430. See below for details. Every month from February through June, Harris Bricken is partnering with UCLA’s CannaClub to lead “Cannabis and the Law,” a seminar series examining the myriad of legal questions and concerns related to the present and future of the United States cannabis...

  • State of the State: Washington Regulators Turning a New Leaf (Part 2)

    In Part 1  of this two-part series we discussed the Washington State Liquor and Cannabis Board’s (“LCB”) new rules stemming from SB 5318, which passed last year and forced the LCB to transition from an enforcement-first policy to a compliance-first policy when handling violations. We covered how the LCB will handle Notices of Correction (“NOC”) and...

  • Is Tribal Cannabis on a Comeback Tour?

    For people in the know, the cannabis industry is an unpredictable roller coaster for a number of reasons having to do with federal illegality, evolving state regulations, and market volatility. One faction of the industry that many thought would immediately take off is cannabis being grown and sold in Indian Country by Native American Tribes....

  • ICYMI: Proposed Emergency Regulations Require QR Code on All Licensed California Retail Cannabis Premises

    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...

  • Hemp CBD: Will Federal Courts Wait to Decide CBD Cases Until the FDA Issues Regulations?

    Not long ago Hemp Industry Daily reported on a decision by U.S. District Judge Ursula Ungaro in the Southern District of Florida in which the Court stayed a putative class action lawsuit against a seller of CBD products until the FDA completes rulemaking regarding the marketing, including labelling, of hemp-derived ingestible products. The case is...

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