Regulatory

What will happen with cannabis trademarks after federal legalization? This question comes up regularly, but unfortunately lacks a clear answer (or even an unclear answer). On the one hand, with cannabis no longer unlawful at the federal level, USPTO will be able to register trademarks for cannabis products. But beyond that, nothing is clear. Whose […]

A lot of people want to save a buck during contract negotiations. These folks usually do not not use a lawyer for drafting term sheets or other initial matters. Sometimes, this can work out well. For bigger or more complicated deals, or for deals with a difficult opponent, this can be a bad idea. Let’s

On February 21, the Natural Product Association (NPA) filed a citizen petition with the Food and Drug Administration (FDA) on specific cannabidiol (CBD) relief in which it requests enforcement discretion for the premarket approval of CBD products. In its petition, the NPA is asking the FDA to do one of three things: Determine that CBD

We often write of the pernicious effects of the War on Drugs in the criminal law context as well as its harmful impacts on the hemp and (state) legal marijuana industries. This post turns to another issue resulting from federal illegality – the inability of a lawful permanent resident to petition for naturalization and and

I’ve written a couple of times about the ongoing struggle that is the California cannabis tax situation, and I was recently on a great panel about the future of cannabis taxes in the country. California cannabis taxes are some of the highest in the U.S.. The situation seems to be, thankfully, evolving for the better

Every cannabis company has been asking lately how they can start making money from cannabis NFTs (non-fungible tokens). Many of these companies know that NFTs are part of the greater Web3 movement that feels somewhat familiar, especially to marijuana companies. Web3 is in large measure a counterculture movement that pushes back against large institutions that

Enjoy the holiday! We’ll be back tomorrow. The post Happy Presidents Day from Canna Law Blog appeared first on Harris Bricken Sliwoski LLP. Read More

This week the New York legislature passed Senate Bill S8084A, which would unable existing licensed hemp growers and processors to cultivate and process cannabis under one of two types of temporary licenses: a temporary conditional cultivator license to process and distribute cannabis flower products without holding an adult-use processor or distributor license, and a temporary

While cannabis brands need to be mindful of cannabis-specific trademark issues, they must also pay attention to trademarking basics. Back in January, we discussed three key trademark issues: distinctiveness, likelihood of confusion, and application bases. Today we continue our exploration of trademark basics, looking at the importance of choosing goods and services thoughtfully, in order

I’ve spent considerable time explaining the law regarding religious use of psychedelics on the Psychedelics Law Blog lately. A lot of that same law applies equally to cannabis. Naturally, I want to answer a similar question here: are cannabis churches legal? The answer is that they are basically “legal” in the same sense that cannabis