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With the December 20, 2018 signing of the 2018 Farm Bill, companies seeking federal registration of trademarks for goods derived from “hemp” may be able to protect their brands. The Trademark Office issued new guidelines governing the examination of applications for such goods on May 2, 2019. READ MORE
The STATES Act has been reintroduced in the U.S. Senate and largely mirrors its previous version, with two exceptions. The Act is likely to see opposition from conservatives who may see it as a step towards legalization, while some progressives have already claimed it does not go far enough. READ MORE
The Missouri Department of Health and Senior Services has released its proposed rules regarding medical cannabis cultivation facilities. The rules, which provide guidance on applying for an operating license and requirements for facility operations, will be open for public comment until June. READ MORE
On March 13, 2019, the U.S. Department of Agriculture held a listening session to solicit comments to aid in the drafting of rules that implement sections of the 2018 Farm Bill pertaining to industrial hemp cultivation. Topics included the regulatory timetable, federal agency cooperation, and more. READ MORE
The Missouri Department of Health and Senior Services has released another set of proposed rules regulating medical cannabis in Missouri. The proposed rules set forth requirements for all medical cannabis facilities and also lays out specific rules for particular types of medical cannabis businesses. READ MORE
House Democrats have introduced bipartisan legislation, the Secure and Fair Enforcement (SAFE) Banking Act of 2019, to address the conflict between states that have legalized cannabis within their borders for medical and/or personal use, and federal law, under which cannabis remains a Schedule I controlled substance. READ MORE
While some Missouri communities are welcoming access to medical cannabis, others may be more resistant and could look to zoning codes to restrict the establishment of cannabis businesses. Amendment 2 prohibits communities from flatly excluding medical cannabis businesses, but it does allow for some restrictions. READ MORE
With the passage of Amendment 2 by Missouri voters in November 2018, businesses will be able to apply for licenses to operate medical cannabis facilities in Missouri. While the date for businesses to apply for such licenses is still more than four months away, the timeline for starting the application process has already begun. READ MORE
The Missouri Department of Health and Senior Services has released the first of its proposed rules regulating medical cannabis in Missouri. The proposed rules concern medical cannabis patients, their caregivers, and the process by which patients may obtain medical cannabis. READ MORE
On February 13, 2019, the Missouri Department of Health and Senior Services held a forum to hear suggestions regarding the drafting of preliminary medical cannabis regulations. Suggestions covered quality control and testing, fees and profits, startup logistics, distribution issues, and more. READ MORE
During a panel at the ArcView Investment Forum, leading private fund managers and industry analysts discussed the potential opportunities and risks for investing in the booming cannabis market, including predictions about developments that may significantly impact the industry in 2019. READ MORE
With medical cannabis now legal under Missouri law, the coming industry creates new opportunities for real property owners interested in expanding their businesses. However, several risks and questions remain, and entities interested in utilizing real property for cannabis businesses need to be aware of the current issues and possible solutions. READ MORE
The California Bureau of Cannabis Control’s proposed regulations would cut off non-licensed cannabis manufacturers from partnering with licensed manufactures to introduce their products into the California cannabis market. Find out more about how this restriction on "white labeling" could impact small cannabis businesses. READ MORE
Michigan has become the 10th state to legalize recreational cannabis and the first in the Midwest region. With significant investor and entrepreneurial activity expected to enter the area, our Cannabis team takes a closer look at the effects of the Michigan Regulation and Taxation of Marijuana Act (MRTMA). READ MORE
Three initiatives on Missouri’s November 6, 2018, ballot seek to make medical marijuana or medical cannabis legal under Missouri state law. In the second post in a series covering the initiatives, we detail the implications of each initiative for cannabis businesses. READ MORE
Three initiatives on Missouri’s November 6, 2018, ballot seek to make medical marijuana or medical cannabis legal under Missouri state law. In this first post in a series covering the initiatives, we detail the basic similarities and differences between each measure. READ MORE
The Tracking Cannabis blog is proud to announce our first-ever state-by-state ranking of state cannabis regulations based on how favorable they are to cannabis businesses. READ MORE
The DEA has moved CBD prescription drugs with THC levels below .01% to a Schedule 5 drug after the FDA’s approval of Epidolex. However, despite the reschedule, cannabis still remains a Schedule 1 substance. READ MORE
As state laws shift on cannabis legalization, some are using the opportunity to defraud investors in the cannabis industry. At the risk of federal prosecution, it is important for cannabis investors to remember these 5 warnings signs of potential fraud. READ MORE
While California law allows marijuana-derived CBD in food products, CBD from industrial hemp does not have the same privilege and faces a shrinking market both inside and outside the Golden State. READ MORE
On March 23, 2018, the federal omnibus spending bill was signed into law, which included an updated version of the Rohrabacher-Blumenauer Amendment prohibiting the use of DOJ funds for Controlled Substances Act enforcement in states with a medical cannabis program. READ MORE
On March 20, 2018, during a state primary voting cycle, Cook County (which includes the city of Chicago) residents voted on a non-binding referendum addressing the legalization of recreational cannabis in the State of Illinois. READ MORE
On Thursday, March 22, the U.S. House of Representatives voted to approve the most recent omnibus spending bill, allocating the funds approved by President Trump when he signed a budget deal on February 8, 2018. READ MORE
Do your employees think they can smoke cannabis in the workplace because it’s legal? Are your employees telling you that even though they failed a drug test you have to keep them on as employees? Although cannabis usage is now legal in the State of California, employers may still prohibit its use in the workplace. READ MORE
The clock is ticking on stopgap legislation shielding the medical cannabis industry from potential federal intervention. With protections under the Rohrabacher-Blumenauer amendment set to expire on Feb. 9, our Lobbying & Policy Practice breaks down what's in store for federal cannabis policy before Congress in the coming weeks. READ MORE
Despite a recent setback for the cannabis industry at the federal level, an Illinois judge has ordered that intractable pain be added to the state's list of conditions approved for medical cannabis treatment, potentially widening the patient pool for cannabis. READ MORE
Today, just four days after recreational cannabis became legal in California – Attorney General Jeff Sessions rescinded the long-standing “Cole Memorandum” issued in 2013 by Deputy Attorney General James M. Cole. READ MORE
The collaboration between Constellation Brands and Canopy Growth is the first sign that the alcoholic beverage industry has publicly recognized the value that cannabis might bring to companies’ portfolios. READ MORE
The fate of crucial federal legislation protecting medical cannabis producers, retailers and consumers from prosecution by the U.S. Department of Justice has recently become uncertain due to differences in House and Senate spending legislation. READ MORE
“The Pot Thickens: Building a Successful Cannabis Business in California” will cover latest industry trends and important considerations such as obtaining permits and licenses, navigating the regulations, and structuring companies to maximize value to investors. READ MORE
With the Rohrabacher-Blumenauer Amendment set to expire on Dec. 8, the future of its protections now hinges on the work of the House-Senate conference committee. READ MORE
Recent California legislation allows employers to enforce policies prohibiting cannabis use by employees – even if consumption occurs outside of work and does not impair performance. However, cannabis businesses must be careful when drafting such policies. READ MORE
In one of the most significant milestones in the history of marijuana legislation, Los Angeles’ City Council recently released its proposed regulations governing commercial cannabis activity in the city. Simultaneously, the Department of City Planning released a draft ordinance proposing land use and sensitive use requirements for commercial cannabis activity in Los Angeles. READ MORE
While an Alternative Public Offering structure may offer some benefits to potential cannabis companies or their potential investors, the structures have reputational and other issues that need to be considered. READ MORE
On June 12, 2017, a letter written by Attorney General Jeff Sessions was released detailing his opposition to the extension of the Rohrabacher-Farr Amendment. What does this mean for the industry? READ MORE
Congress provided a sense of protection from DOJ enforcement to the medical cannabis industry through an updated version of the Rohrabacher-Farr Amendment. But the industry is still trying to interpret statements from the President and Attorney General that don’t provide any clearer picture about whether the federal government will leave the regulation of cannabis, at least medical cannabis, to the states. READ MORE
In a case of first impression in Arizona, the Court of Appeals in Green Cross Medical, Inc. v. Gally (April 18, 2017) held that a lease to operate a medical marijuana dispensary was not void from its inception, either under Arizona law or the federal Controlled Substances Act. READ MORE
More and more cities in California are allowing the once-banned delivery of medical marijuana directly to consumers. Learn about the latest developments statewide, including in Los Angeles. READ MORE
The DEA has applied a stricter scheduling classification to a new cannabis-containing drug than a similar drug already on the market. What can be read into this decision and how will it affect the future development of cannabis pharmaceuticals? READ MORE
U.S. Attorney General Jeff Sessions continues to tune his stance on legalized medical and recreational marijuana in public comments. His latest proclamation in mid-March gives hope to the industry on medical use while leaving recreational use susceptible to a crackdown. READ MORE
Early signs of the Trump administration's stance on legalized cannabis indicates that recreational cannabis might be in the crosshairs. Companies engaged in both medical and recreational cannabis need to move swiftly to insulate medical cannabis business assets from their recreational businesses. READ MORE
Facing many hurdles to financing because of current federal law, cannabis businesses have turned to REITs to provide an influx of capital through sale leaseback transactions. READ MORE
Until further guidance comes from the FDA, the cannabis industry should tread carefully in the production and marketing of cannabis-containing animal supplements. Supplement makers should take care to avoid drug-like claims for their products and adhere to strict food safety regulations in the manufacturing process. READ MORE
On Nov. 8, 2016, voters in eight more states approved legal marijuana use for either medicinal or recreational purposes. As legal cannabis becomes more readily available to Americans, it highlights an increasingly strained divide between state and federal regulation. READ MORE
Although the DEA announced last week that it would not reschedule cannabis, the decision did come with promising news of enhanced research opportunities that could bolster the cannabis industry's long-term growth. READ MORE
Diane Romza-Kutz and Carl Rowley of Thompson Coburn’s cannabis practice attended the 2016 Cannabis Business Summit hosted by the National Cannabis Industry Association in Oakland, Calif., in late June. READ MORE
Session topics will address the current medical cannabis program in Illinois and provide updates on national and local industry developments. READ MORE
The Centers for Disease Control and Prevention have published a new guideline for prescribing opioid pain medication by primary care clinicians for chronic pain in outpatient settings for other than active cancer treatment, palliative care, and end-of-life care. READ MORE
A new study by Australian researchers published in the journal Psychological Medicine examined the narrower issue of whether frequency of cannabis use was associated with rates of metabolic syndrome among study participants, all of whom had been diagnosed with psychotic illness. READ MORE
Since California’s failure to legalize the recreational use of cannabis under Proposition 19 in 2010, Colorado, Washington, Oregon and Alaska have passed laws legalizing the recreational use of the drug and an additional nine states have legalized the use of cannabis for medical purposes. READ MORE
In a recent study that has been accepted for publication in The Clinical Journal of Pain, researchers assessed the long-term effect of medical cannabis treatment on pain and other outcomes (including sleep problems) in people suffering from chronic pain that was resistant to other treatments (including opioid consumption). READ MORE
With the extension of the Rohrabacher-Farr amendment, the right of the states to determine their own laws for medical marijuana use enjoys a shield from federal intervention… at least through Sept. 30, 2016. READ MORE
The Marin Alliance for Medical Marijuana (MAMM), one of California’s oldest lawful marijuana dispensaries, won a major victory against the U.S. Department of Justice (DOJ) in October. READ MORE
One overarching concern among all participants at the Conference was that of legal compliance. Every business at the convention has to worry about IRS concerns related to claiming business expenses, the paucity of banks willing to deal with the cannabis industry and accept cannabis-related funds, and the inability to work with credit cards. READ MORE
As the various state agencies look to draft rules and the timeline for implementation, we review the highlights of the new laws. READ MORE
In the words of Niels Bohr, “prediction is very difficult, especially about the future,” and prediction in the cannabis industry is made especially difficult due to certain unique issues facing cannabis businesses. READ MORE
What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or possession affect termination, disability and drug testing issues? READ MORE
As the legal cannabis market grows, so will the number of product liability lawsuits against the industry, including cases based upon a failure to warn of real or imagined risks, such as those alleged in the LivWell complaint. Later installments in this series will address the potential scope and bases of cannabis industry liability under failure to warn theories. READ MORE
California Gov. Jerry Brown signed a group of medical marijuana laws on Oct. 9 that will have a widespread effect on how the entire industry is regulated in the state. The governor approved AB266, along with AB243 and SB643. READ MORE
As more states enact laws legalizing the sale of medical and recreational marijuana, cannabis businesses may start to question whether they could be held liable if customers cause injury or harm to others while using their products. A good reference for the cannabis industry is the dram shop laws that affect purveyors of alcohol. READ MORE
Brand loyalty builds businesses. That’s why most businesses need successful brands, and, ideally, brands backed by a federal trademark registration. But because of the federal laws affecting marijuana and related products, marijuana growers and distributers don’t have access to the same avenues of brand protection. READ MORE
In every state where it is legal, the marijuana industry remains almost entirely a cash business. Consequently, legitimate marijuana businesses are left without the financial resources and protection that banks provide. READ MORE
California lawmakers and law enforcement groups are eager to compromise over issues that have prevented comprehensive statewide regulation of the industry for the last two decades. READ MORE
Illinois’ “Compassionate Use of Medical Cannabis Pilot Program Act” (the “CUMCPPA”) creates an entire regime of laws, regulations and procedures by which individuals and companies are building medical cannabis growing facilities and dispensaries. READ MORE
Some state legislation allows for cannabis-based “edible” products such as cannabis-containing cookies or brownies. Many of these new state laws actually refer to these edible products as food, including Illinois. READ MORE
Welcome to Tracking Cannabis, Thompson Coburn’s newly launched cannabis blog. Our interdisciplinary cannabis practice group will use this blog to provide updates and insights on the latest developments in the cannabis industry. READ MORE
Overall, industry experts are predicting that the size of the national market for legalized cannabis will exceed the November 2010 predictions of Harvard economist (and Cato Institute affiliate) Jeffrey Miron, who previously put the size of the marijuana market at $14 billion. READ MORE
Cannabis industry hopefuls in Illinois are poised to begin the application process after the three state agencies administering Illinois’ medical marijuana law released long-awaited metrics on Aug. 8. READ MORE
Thompson Coburn advises clients on state laws governing the business of cannabis to facilitate compliance with those state laws. Federal laws concerning cannabis currently conflict with state laws in states that have legalized cannabis or possession of cannabis. Although federal enforcement policy may at times defer to these states’ laws and not enforce conflicting federal laws, interested businesses and individuals should be aware that compliance with state law in no way assures compliance with federal law, and there is a risk that conflicting federal laws may be enforced in the future. In addition to this Cannabis-specific note, readers should review Thompson Coburn’s Conditions of Use / Disclaimers page containing other important information.
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