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Marijuana Related Businesses Corporate Counsel

Vicente LLP

4 Major Implications of Cannabis Moving to Schedule III

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After 50 years of being on the most restrictive schedule alongside drugs like heroin and PCP, the DEA will move to reschedule marijuana in Schedule III, where the plant’s medical benefits will finally be recognized by the...more

Husch Blackwell LLP

Federal Trademark Decision Impacts Cannabis Industry

Husch Blackwell LLP on

On May 3, 2023, the federal Trademark Trial and Appeal Board (the “TTAB”)—the entity responsible for handling disputes over the issuance of trademarks on a nationwide level—issued a precedential opinion in In re National...more

Tonkon Torp LLP

Bankruptcy Doors Open a Little Wider to Cannabis Companies

Tonkon Torp LLP on

In January, a California bankruptcy court issued an opinion providing another lifeline to cannabis companies that could benefit from the protection of the federal bankruptcy code – to reorganize or liquidate assets. The...more

Harris Beach PLLC

Marijuana Company MedMen Claims it Operates Illegally to Avoid Rent

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While many continue to push for the federal legalization of cannabis, one cannabis company is strategically using its illegality as a shield. The strange case of Thor 942 Fulton St., LLC v Future Transactions Holdings, LLC...more

Troutman Pepper

Cannabis Residency Rules Toppling? First Circuit Is the First Domino to Fall

Troutman Pepper on

Certain states where cannabis (or marijuana) is legal have long been getting away with a practice that has been declared unconstitutional in almost all other contexts: giving their residents preferential treatment over...more

Miller Canfield

Does a Tax Cut Jobs Act Provision Decrease Income Taxes on Marijuana Businesses?

Miller Canfield on

Key Takeaways: ..A pending U.S. Tax Court case presents an interesting theory to preclude the federal income tax disallowance of all deductions of a marijuana business. ..The theory rests on a provision in the 2017 Tax...more

Brownstein Hyatt Farber Schreck

Cannabis Legislation Wrap Up for 2021

Over the past 12 months, dozens of cannabis and cannabis-related bills were introduced to Congress. Some measures were renewed, others were introduced for the first time; however, each legislation dealt with a niche aspect of...more

Sheppard Mullin Richter & Hampton LLP

California Jury Awards Millions to Cannabis Company in Antitrust Case

A California jury last week handed down what has been reported to be the first antitrust jury verdict involving the cannabis industry.  As the cannabis industry continues to grow and evolve, cannabis-related antitrust...more

Goodwin

New Mexico Becomes The 17th State To Legalize Recreational Cannabis

Goodwin on

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham, signed House Bill 2, the Cannabis Regulation Act (the “Act”), which legalizes recreational cannabis in the state. In addition to legalizing recreational...more

Harris Beach PLLC

SAFE Banking Act, Protecting Financial Partners of Cannabis Businesses, Likely to Become Law

Harris Beach PLLC on

A bill to protect financial institutions that offer services to state-legal marijuana-related businesses was recently reintroduced by a bipartisan group of over 100 members of the House. The Secure and Fair Enforcement (SAFE)...more

McAfee & Taft

Tenth Circuit holds FLSA applies to marijuana industry employees

McAfee & Taft on

Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Sheppard Mullin Richter & Hampton LLP

AB 1291 Forces California Cannabis Companies To Sign “Labor Peace Agreements” With Unions, But Statute May be Unconstitutional

On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby,...more

Fisher Phillips

Cannabis Employers Can’t Escape Wage Claims, Says Court

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• Cannabis businesses must comply with federal wage and hour law, a federal appeals court ruled, despite the fact they operate in a field still illegal under another federal law. The court said two wrongs don’t make a right....more

Akerman LLP - Marks, Works & Secrets

Cannabis Trademarks Redux

In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more

Mintz - Intellectual Property Viewpoints

Navigating the Legalization of Hemp under the 2018 Farm Bill Involves Changes to the Issuance of Federal Trademarks in the...

Legalizing “hemp” under the Agricultural Improvement Act of 2018 (2018 Farm Bill) has triggered an important change for the examination of federal trademark applications concerning cannabis and cannabis-derived goods and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

District of Colorado Upholds Eligibility of Liquid Cannabinoid Formulations in First-Ever Cannabis Patent Infringement Suit

On April 17, 2019, United Cannabis Corporation (UCANN)—the first party to enforce a cannabis patent in federal court—survived an early patent-eligibility challenge brought by the accused infringer Pure Hemp. U.S. District...more

Littler

New Jersey Poised to Enact First Recreational Marijuana Law Protecting Workers from Adverse Employment Action

Littler on

New Jersey’s legislature is scheduled to vote Monday, March 25, 2019 on a bill designed to legalize the recreational use of marijuana for adults over the age of 21, create a system by which marijuana and marijuana products...more

Saul Ewing LLP

Tenth Circuit to Decide if the FLSA Applies to Employers in the Cannabis Industry

Saul Ewing LLP on

In January 2018, the District Court for the District of Colorado rejected a cannabis company's argument that it was not subject to the Fair Labor Standards Act (FLSA) because it was engaged in an industry "entirely forbidden"...more

Davis Wright Tremaine LLP

Ninth Circuit Considers Availability of Bankruptcy to Cannabis-Related Businesses

The value of the legitimate cannabis industry in the United States (measured by annual sales) is rapidly approaching $10 billion and expected to exceed $20 billion within the next five years....more

Pillsbury - Policyholder Pulse blog

The Times They Are A-Changin’ for Cannabis Insurance

Like Bob Dylan, marijuana has gone from symbol of 1960s counter-culture to mainstream appeal. It is telling that Lloyd’s of London (which reportedly insures Mr. Dylan’s vocal chords) has also recently announced that that it...more

Seyfarth Shaw LLP

Massachusetts Recreational Pot Regulations Offer Little Guidance To Employers

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On March 9, 2018, the Massachusetts Cannabis Control Commission (“CCC”) filed its much anticipated recreational marijuana Regulations with the Massachusetts Secretary of State. ...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Fox Rothschild LLP

National Survey On Marijuana Laws And Regulations (Updated)

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Legalized cannabis – for medical or recreational purposes – is a rapidly expanding industry in the United States, with various states, including California, Colorado, Delaware, Illinois, Maryland, Nevada, New Jersey, New...more

Littler

Marijuana Legalization Efforts Enjoy Success, Demonstrating Major Shift in Approach to Drug Regulation and Use

Littler on

Election Day 2016 proved to be a historic occasion for initiatives favoring expanded access to marijuana. On November 8, California and Nevada joined West Coast early adopters Alaska, Oregon, and Washington in choosing to...more

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