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Regulatory

Oregon Cannabis Industry Proposes Changes to Rules and Statutes

This note discusses legislation proposed for this year’s Oregon legislative section. Specifically, Senate Bill 408, titled “Enforcement Reform,” that seeks to amend the statutes governing recreational marijuana and the Oregon Liquor Control Commission’s (“OLCC”) promulgation and application of administrative rules. The chief proponents of SB 408 are the Oregon Retailers Association of Cannabis (“ORCA”), the …

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Is Cannabis Legal in D.C.?

I recently relocated to Washington, D.C. to join our East Coast practice group and have been inundated with inquiries surrounding the legal framework of recreational cannabis (i.e., marijuana and hemp) in the nation’s capital. So, in light of this overwhelming interest, I thought I’d briefly summarize this issue for our readers. Marijuana In November 2014, …

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Cannabis M&A and Real Estate Transactions: What is a Closing?

Virtually any time that there are transactions involving cannabis company mergers, cannabis company acquisitions, or cannabis real estate sales, and in many cases involving the sale of assets of a cannabis company, the parties are likely to encounter a concept called “closing” in their purchase agreements. Closing isn’t necessarily unique to purchase and sale situations …

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Cannabis Dispensaries and the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”) – Part I

Clients have often as asked whether HIPAA applies to the cannabis industry. As with anything else in healthcare, the answer can be complex. HIPAA was enacted in 1996 to help protect a patient’s healthcare information. While HIPAA is expansive, to the extent state law is more restrictive or protective, then state law will control in …

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Cannabis in New York: Intro to the Marijuana Regulation and Taxation Act: The Webinar Video Replay

For anyone who was unable to join our May 4th webinar, Cannabis in New York: Intro to the Marijuana Regulation and Taxation Act, we’ve got you covered! Below, please find the full presentation for your viewing pleasure. You can download the transcript HERE. Stay up to date on cannabis in New York via the Canna …

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USPTO Refusal To Register Cannabis Trademarks Hurts Public

The U.S. Patent and Trademark Office’s policy of rejecting applications to register trademarks that identify nonhemp cannabis products, as well as certain hemp CBD products, reflects an unduly doctrinaire approach that ultimately makes Americans less safe. As the cannabis industry continues to enter the business mainstream, the extension of trademark rights to cannabis companies’ products …

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Hemp Litigation: D.C. Trial Court Dismisses Hemp Industry Challenge to DEA Interim Final Rule

On May 3, the District Court for the District of Columbia ( “trial court”) dismissed a petition filed by the Hemp Industries Association and others (“Petitioners”) challenging a DEA interim final rule (the “Rule”) that amended its regulations following the enactment of the Agricultural Improvement Act of 2018 (“2018 Farm Bill”). Although not a good …

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