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Regulatory

Ketamine Litigation: Oregon Hospital and Pharmacy Face $8.2 Million Medical Negligence Lawsuit

A few weeks ago, Hilary Bricken wrote about the proliferation of ketamine clinics in the United States and the logistics and legalities of operating a ketamine infusion clinic. As Hilary explained, the only FDA approved use of ketamine is for the induction and maintenance of anesthesia, though it also used for off-label infusions in the […]

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BFD Alert: Coronavirus Cannabis Scams and Pitfalls

The rapid and devastating proliferation of COVID-19 has affected businesses worldwide, and cannabis is no exception. Here in California (and in other states), the state announced that medical cannabis dispensaries are essential and may remain open as part of the state’s Stay-At-Home order. The medical cannabis businesses that supply those dispensaries are also essential under

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Oregon Cannabis and Coronavirus: The New Rules

On March 23, Oregon Governor Kate Brown signed Executive Order No. 20-12 (the “Order”), which mandates that Oregonians stay home and observe social distancing and community mitigation measures to slow the spread of COVID-19. The Order, in part, expressly prohibits the operation of certain non-essential businesses, such as amusement parks, barber shops and gyms. The

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Cannabis, Coronavirus and Federal Disaster Assistance

Coronavirus has been great for cannabis sales. In most states with approved cannabis programs, both medical and adult use marijuana sales have been designated “essential services” by state and local governments. With this support, the supply chain has weathered the COVID-19 pandemic better than many industries. Still, the pandemic continues unabated and cannabis businesses are

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European CBD Sales: Securing a Novel Food Authorization

Last year, the European Union reclassified extracts of Cannabis sativa L. and derived products containing cannabinoids, including CBD, as a “Novel Food” under the EU Novel Food Catalogue. The reclassification was based on the lack of demonstrated history of human consumption of these extracts and of any product to which they might be added. Indeed,

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Cannabis and Coronavirus: When is Contract Performance “Impossible” and Excused?

Last week, Vince Sliwoski wrote a post titled “Cannabis and Coronavirus: What Your Business Should Do Right Now” offering some high-level thoughts on how to mitigate the impact of COVID-19 on cannabis businesses. One of the topics included reviewing contracts, regarding which Vince said: Pull these out and dust them off, whether it’s a lease, loan

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California Cannabis Businesses Are “Essential” and Can Operate During the Coronavirus Shutdown

We were pushing hard for this. On March 21, the California Bureau of Cannabis Control sent the following email notifying cannabis licensees that they may continue operating despite the state’s lockdown order: On Thursday, March 19, 2020 Governor Gavin Newsom issued a stay at home order to protect the health and well-being of all Californians

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