The legal status of cannabidiol (CBD) has long been complicated. The Agricultural Act of 2014 (2014 Farm Bill) allowed for the cultivation of “industrial hemp”, defined as the cannabis plant that contains less than .03% tetrahydrocannabinol (THC) on a dry weight basis, as long as that hemp was grown pursuant to a state’s guidelines. The 2014 Farm Bill lead to a massive influx of industrial hemp-derived products containing CBD (Hemp-CBD). However, not all states have legalized industrial hemp, making the U.S. a quilt of different rules and regulations on industrial hemp and Hemp-CBD. We’ve written about how state law impacts Hemp-CBD, in regards to where a distributor can sell its products. State law considerations are also relevant to consider when transporting Hemp-CBD.
Consider the case of Anita Maddux. According to Planet Jackson Hole, Maddux was driving through Wyoming en route to Montana to care for her sick mother when she was pulled over for her expired California license plates. It turns out Maddux was driving with an expired license, no insurance, and a 10-millimeter bottle of CBD she obtained from a health store in New Mexico. At the Teton County Jail, police tested the CBD oil for THC. The test results confirmed the presence of THC but the amount of THC. …
Modern scientists seem to be torn on whether smoking cannabis can have negative physical side effects on the body. One study concludes that smoking cannabis “is associated with a high frequency of central airway inflammation,” similar to those who smoke tobacco products. This is a concerning conclusion—inflammation of the lungs can lead to chronic obstructive pulmonary disease, which can cause lifelong problems associated with breathing and poor airflow.
Despite lobbying efforts to the contrary, Washington has maintained its strict state residency requirement for Washington cannabis business owners. If a person wants to own 0.001% of a cannabis business, the Washington State Liquor and Cannabis Board (WSLCB) requires that person to be a Washington resident and to go through about 1,000 hoops before it authorizes the licensed cannabis business to issue that ownership interest. In general, cash-starved producer-processors looking for investment and out-of-state investors have pushed for the law to change, while more established retailers and certain producer-processors prefer the lack of out-of-state competition. The residency issue is resonating in Olympia, with many legislators openly discussing lifting or altering the state restriction on out-of-state ownership.
While the overall topic of the residency requirement is often discussed, one issue that doesn’t get as much attention is how the WSLCB is currently defining residency. And that’s because they don’t— at least not directly. The WSLCB’s marijuana regulations define the term “residence” as a place where a person physically resides, but that is only in the context of the rule that marijuana licenses cannot be issued to businesses whose location is at a personal residence. The section talking about the residency requirement, WAC 314-55-120(10) uses the terms “resided” and “residency requirement,” but the …
We have been writing on this blog about the southern Oregon county’s mounting frustrations with cannabis, its successive losses in litigation, and its most recent attempt in federal district court to submarine Oregon’s cannabis programs. We immediately identified this lawsuit as a “stunning overreach” and we predicted the county would lose. To that end, and just before the holiday weekend, a U.S. magistrate judge issued a Report and Recommendation (“Report”) that Josephine county’s case should be dismissed. And that is what should occur.
By way of background, we explained back in April that Josephine County wanted the federal court to:
Declare that cannabis production cannot qualify as a pre-existing “lawful use” because of federal prohibition;
Declare that counties can place any restrictions they want, including a full ban, on cannabis businesses because state legal regimes are pre-empted by federal law;
Declare that Oregon’s medical and recreational regimes unlawfully restrict the county’s police powers in light of federal prohibition; and
Enjoin the State from bringing official misconduct charges against any local or county official that ignores their duties under state law.
Well, none of that is happening. The magistrate judge issued a thoughtful, eight-page opinion (no public link available– email me if you want a copy) which rested on two points …
Over the past few years, Cannabidiol (CBD) has become all the rage. Thanks to the vast amount of medicinal benefits created by the cannabinoid, people have been trying it in droves. For most people, they claim that it’s a miracle drug. However, a small sub-sect of people claim that CBD does little to nothing […]
A violation of the Oregon Liquor Control Commission (“OLCC”) recreational marijuana rules can land you in hot water. I’ve previously written about rule violations and the administrative process, including settlements. It’s been our experience that the OLCC is open to settlement agreements for licensees who violate rules, and we regularly help settle these cases. Some are easier than others.
Settlement agreements generally save time and money related to administrative litigation costs for both licensee and the OLCC. Based on our review of the OLCC News Releases, the OLCC has approved settlement agreements with approximately 20 licensees and had never rejected a settlement agreement proposed by its staff. That all changed last week.
The OLCC alleges Black Market Distribution LLC (“Black Market”) violated 10 OLCC rules. On August 23, 2016, the OLCC was presented with a settlement agreement that would have allowed Black Market to pay a $16,335 civil penalty or serve a 99 day license suspension. The OLCC rejected the proposed settlement agreement because it determined the violations were egregious enough that a suspension or fine would not result in the licensee taking the necessary corrective action to come into compliance. Black Market will not automatically lose its license but instead will now proceed to an administrative hearing to fight to keep …
Applicants who qualify for commercial cannabis licensure during Phase II of the City of L.A.’s cannabis licensing process only have until September 13 to get their applications into the Department of Cannabis Regulation (“DCR”). This phase of licensing is reserved for existing, non-retail, social equity applicants. To get a license during this phase, the DCR requires proof of operation in the City prior to January 1, 2016, proof of service to an “Existing Medical Marijuana Dispensary” prior to January 1, 2017, and proof of eligibility as a Tier 1, 2, or 3 social equity applicant. For more on Phase II eligibility, see here and here.
I wrote earlier this month about the unusual business relationships our L.A. cannabis business lawyers are seeing born out of social equity in L.A. It’s pretty clear that lots of applicants will go for Tier 3 social equity status (i.e., where a Tier 3 incubates a Tier 1 or 2 social equity applicant). In that situation, the Tier 3 social equity applicant has to sign a social equity agreement with the City, but little to no detail on the content of that agreement exists in the law. In addition, licensees would be extremely unwise not to maintain social equity business agreements between themselves in order to ensure mutual performance and …
Federal enforcement of the Controlled Substances Act in states that have legalized cannabis has been a huge question mark for years, but especially so in California since the 2016 passage of Prop 64, which legalized medicinal and adult-use cannabis and laid the framework for a new regulatory regime. Almost two years later, that question remains, but certain trends have emerged, were reinforced, and now seem to be forging full speed ahead. Those trends suggest that (1) the Department of Justice is not engaging in a crackdown against cannabis businesses that are in compliance with state and local law, and (2) the state and the federal government have agreed to coordinate on enforcement actions where it furthers the priorities of both entities. So far, those priorities have been organized crime and illegal cultivation on public lands, and this week the latter priority got a big boost from both sides of the equation.
On the state side of things, a proposed state law extending the statute of limitations from one to three years for state enforcement actions against unlawful “conversion of timberland to nonforestry-related agricultural uses”—a move that targets illegal cannabis cultivation on public lands—has passed the state legislature and is now before Governor Brown for signature. The bill also clarifies that the limitations …
This past year, the country has witnessed widespread interest in the use of cannabis in its nutraceutical (when added to food or drinks) form. Cannabidiol (“CBD”), the non-psychoactive chemical compound found in the cannabis plant, has gained great popularity among alcohol beverage companies. The growing popularity of CBD-infused products combined with their mainstream nature has given alcohol beverage companies the false impression that blending CBD into their products is an easy process. This post bursts the myth by highlighting the regulatory labyrinth into which alcohol beverage manufacturers must venture to enter this growing, popular market.
Alcoholic beverages are regulated by federal and state law. Consequently, beer, wine and spirits producers are generally accustomed to navigating rules, various forms of licensure, and modes of compliance related to their industry. Their familiarity with comprehensive regulations makes alcohol beverage companies well equipped to navigate the intersection between alcohol and cannabis, which is heavily regulated at the state level.
Unlike alcohol, though, many forms of cannabis are strictly federally prohibited. As such, “marijuana” and “tetrahydrocannabinols” (THC) are listed on Schedule I of the Controlled Substances Act (“CSA”). The CSA defines “marijuana” as:
“all parts of the Cannabis sativa L. plant whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, …
On July 20, 2018, the CDTFA released its discussion paper on proposed rulemaking regarding the administration of the cannabis cultivation and excise taxes. This blog post highlights the issues addressed in the proposed regulation.
By way of background, on August of 2017 the CDTFA promulgated two emergency regulations. The first, Regulation 3700, Cannabis Excise and Cultivation Taxes, was promulgated to ensure that essential guidance was available when California’s regulated cannabis market became operational on January 1, 2018. The second, Regulation 3701, Collection and Remittance of the Cannabis Excise Tax, was promulgated to clarify the imposition, collection, and reporting of the Cannabis Excise Tax. We previously discussed these regulations here, and we a discussed the Cultivation and Excise Tax here and here.
The CDTFA will not take action on Regulation 3701. However, the CDTFA has proposed many revisions to Regulation 3700. We summarize them below, and provide some commentary throughout.
Expands the definition of cannabis flower to include trimmed or untrimmed flower but excludes leaves and stems removed before sale. The consequence of this proposed change is to assure that even trimmed flower will be taxed at the highest tax rate of $9.25 per dry weight ounce.
Clarifies that “fresh cannabis plant” must be identified as fresh cannabis plant and recorded in the upcoming track-and-trace system. Until
Travelling can be a stressful ordeal, especially when it comes to airport security. Getting through airport security hassle-free can be difficult at best, but when you’re travelling with medical marijuana, things can get messy quickly. Before you travel, know the rules and take the necessary precautions to ensure you have a great flight.
Psylocibin is the naturally occurring, psychedelic ingredient found in around 200 species of mushrooms. Like cannabis, it is believed that psylocibin use by humans predates recorded history by at least a few thousand years. Also like cannabis, psylocibin has always been thought to have medical applications; and it has demonstrated promising, preliminary results in formal studies. In Silicon Valley and elsewhere, microdosing of psylocibin and LSD has become a trend, for medical and other purposes.
The fact that people are freely using psylocibin (and writing about it) doesn’t make it legal, though. Like cannabis, psylocibin is a Schedule I controlled substance under the federal Controlled Substances Act (“CSA”), as well as relevant international treaties. This means that psylocibin has “no accepted medical use” and a “high potential for abuse” under the CSA, and a similar status under international law. We don’t see that changing anytime soon.
Because psylocibin is so strictly controlled, it was big news last week when the Food and Drug Administration (FDA) approved a psylocibin trial for treatment-resistant depression. According to a press release by sponsor Compass Pathways, 216 patients with that affliction will participate in the Phase 2 trial. This will be the largest ever trial conducted into psylocibin therapy, and the stakes are incredibly …
Do you live in a state where recreational cannabis is legal? Are you new to cannabis and unfamiliar with the ways you can extract its medical benefits or are just looking for an enjoyable high? One of the most important aspects of cannabis you must consider is how you’ll consume. There are two main means […]
Ozone (O3) is a substance that is a colourless gas at ambient temperature and pressure, giving off an acrid smell; Thanks to its high oxidising power, this gas has a great ability to disinfect and eliminate odours. Nowadays, ozone has many applications in areas as diverse as industry, agriculture, or domestic sanitation, being of particular interest for the indoor cannabis cultivation.
Atmospheric ozone is best known for forming the infamous ozone layer; This is a type of pure ozone that is found in different concentrations between 10 and 40 km above sea level, its two main functions being to act as a filter for ultraviolet rays emitted by the sun and as an air purifier.
Ozone has the honor of being the first allotrope of a chemical element identified by science. In 1785, a Dutch chemist called Martinus van Marum noticed a strange smell while carrying out experiments with electric shocks and water and believed that the smell came from the electrical reactions; in fact, that smell came from the ozone he had created without realising it.
Since then, both the techniques to generate ozone and …
There is nothing more relaxing, enjoyable, and glorious than sharing some quality weed amongst friends. It’s a great time to bond, unwind, and relieve the stress of a long workday or workweek. And if you’ve made it to the end of a milestone (the end of a workday or workweek does count!), you deserve to get righteously stoned. Everyone knows that.
And when you think about it, celebrating, relaxing, bonding, <insert your favorite verb here>, is so much better with weed. Certainly better than with alcohol. With weed, you never end up puking and you never end up with a hangover.
You can get as high as you want, sleep like a baby, and then get up for work the next day, refreshed and ready to focus.
On top of all that, alcohol is just empty calories that go straight to your thighs or your gut. Weed, on the other hand, revs up your metabolism and can actually help you burn calories. Oh weed, how we do love you so!
Really, what’s not to love about weed and getting high? Weed is a unique drug that takes you down a winding path. You start off in one place and are then transported through a psychedelic trip to a whole new world.
It’s been a while since we wrote about advertising regulations in California, in large part because the regulations have been a moving target. But with AB 2899 making steady progress, we thought it would be a good time to give a rundown of current Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) advertising regulations, and what AB 2899 would do to change them.
Currently, Section 26151 of the Business and Professions Code states as follows regarding cannabis advertising:
(a)(1) All advertisements and marketing shall accurately and legibly identify the licensee responsible for its content, by adding, at a minimum, the licensee’s license number.
(2) A technology platform shall not display an advertisement by a licensee on an Internet Web page unless the advertisement displays the license number of the licensee.
(3) An outdoor advertising company subject to the Outdoor Advertising Act (Chapter 2 (commencing with Section 5200) of Division 3) shall not display an advertisement by a licensee unless the advertisement displays the license number of the licensee.
(b) Any advertising or marketing placed in broadcast, cable, radio, print, and digital communications shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data.…
Earlier this month, Billy J. Williams, U.S. Attorney for the District of Oregon, responded to a recent federal report on drug policy in Oregon by calling the state’s cannabis program “out of control.” The report in question was published by the Oregon-Idaho High Intensity Drug Trafficking Area (“HIDTA”), a federally-funded organization dedicated to combatting drug trafficking and to preventing the diversion of marijuana from states where it is legal to states where it is not, which examined Oregon’s cannabis production, distribution, and consumption since its legalization in 2014 (“HIDTA Report”).
By and large, the HIDTA Report reiterates the findings of last year’s controversial report published by the Oregon State Police Drug Enforcement Section (“2017 Report”)—which, interestingly, was drafted by the same author—and concludes that the Beaver State is the top source for black market pot in the country. Similarly to the 2017 Report, the HIDTA Report stresses the negative impact overproduction has had on fueling illegal trade from Oregon to other states where marijuana remains illegal.
The HIDTA Report associates overproduction with the unlimited number of cannabis licenses issued in Oregon. Yet, shrinking the pool of available licenses would not make the black market disappear. As we explained before, overproduction in the state is driven by substantial …
A recent Arizona court of appeals decision has sent the state’s medical marijuana market into a frenzied state. In 2010, Arizona enacted the Arizona Medical Marijuana Act (“AMMA”), which grants licensed dispensaries and registered qualified immunity from criminal prosecution for selling or possessing marijuana. Despite this, in March 2013, registered patient Rodney Jones was arrested for possessing .05 ounce of cannabis oil. Jones moved to have the charges dismissed, arguing that he was immune from prosecution under the AMMA by way of registering as a medical patient. The trial court denied the motion and Jones was convicted for possession of a narcotic drug. Jones appealed to the Arizona Court of Appeals, Division 1 (the “Court”).
In State v. Jones (“Jones“), the Court upheld Jones’ conviction by ruling that the AMMA did not extend protections to hashish. The AMMA protects registered patients from arrest, prosecution, or penalty so long as the patient does not possess more than the allowable amount (2.5 oz.) of “useable marijuana.” “Useable marijuana” is defined as “the dried flowers of the marijuana plant, and any mixture or preparations thereof, but does not include the seeds, stalks and roots of the plant.” According to the Court, the language of the AMMA did not …
Almost on a weekly basis, clients ask our California cannabis attorneys to review and provide advice and guidance on their packaging and labeling for their cannabis and cannabis products pursuant to California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). This means that our California cannabis attorneys have committed to memory the applicable packaging and labeling rules set forth under MAUCRSA and by the California Department of Food and Agriculture (CDFA) and the California Department of Public Health (CDPH). Between the two, CDFA deferred to CDPH on packaging and labeling for flower, and CDPH really only regulated packaging and labeling for cannabis infused products under the emergency rules. The packaging and labeling rules are not rocket science, but they’re immensely important for MAUCRSA compliance and consumer safety. However, none of the CDPH regulations or even MAUCRSA mention the applicability of Proposition 65 to California cannabis and cannabis products.
In addition to reviewing countless packaging and labeling content under MAUCRSA, our California marijuana business lawyers have also done a good amount of clean up of non-compliant packaging and labeling related to poor or uninformed legal advice regarding how Prop. 65 applies in the context of California cannabis. Failure to comply with Prop. 65 usually means disaster for the unwary business owner, ranging from costly and …
The Washington Family and Medical Leave Act (“WFMLA”) is getting some major changes beginning in 2019. Why does this matter to Washington cannabis businesses? Because all of those businesses, regardless of type or size, will be required to collect and pay premiums under the revised law beginning January 1. These companies will also be required to provide wage replacement for eligible employees beginning in 2020.
Last year, the Washington legislature became just the fifth state to approve paid family and medical leave. Paid family and medical leave is a statewide insurance program that will provide eligible employees with partial wage replacement while on qualifying leave. Paid family and medical leave will be paid from a state fund, funded by premiums collected by employers. Premium collection begins January 1, 2019. The premium is equal to 4% of an employee’s wages, and the burden is shared between the employer and the employee.
Like with FICA and federal income tax, the employer is responsible for collecting the employee’s portion of WFMLA tax through payroll. If you want to be a model cannabis business, the law allows employers to cover the employee portion of the premium. Note that employers with less than 50 employees are not required to pay their portion of premium, but must still collect the employee’s portion and remit it to …
Last week, California’s industrial hemp bill, SB 1409, received a unanimous passing vote from committee. We last wrote about SB 1409 in March, and the legislation has undergone some changes, warranting a new summary of what has been proposed.
Currently, California law regulates the cultivation of industrial hemp, and specifies certain procedures and requirements on cultivators, not including an established agricultural research institution. Existing law defines “industrial hemp,” via the California Uniform Controlled Substances Act, as a fiber or oilseed crop, or both, that is limited to the non-psychoactive types of the plant Cannabis sativa L. and the seed produced from that plant.
Existing California law also requires that industrial hemp only be grown by those on the list of approved hemp seed cultivars. That list includes only hemp seed cultivars certified on or before January 1, 2013. Industrial hemp may only be grown as a densely planted fiber or oilseed crop, or both, in minimum acreages. Growers of industrial hemp and seed breeders must register with the county agricultural commissioner and pay a registration and/or renewal fee.
SB 1409 proposes to delete the exclusionary requirement that industrial hemp seed cultivars be certified on or before January 1, 2013. Additionally, “industrial hemp” would no longer be defined restrictively in the California Uniform Controlled Substances Act as …
Is there any pain medical cannabis can’t help treat? From Crohn’s disease and migraines to spinal cord pain and chronic pain, medical marijuana has proven medicinal properties that help those living with these painful conditions.
At this point in the season, when outdoor plants begin flowering and indoor grows are suffering the highest temperatures of the year, it’s common for pests to make their first appearance in our garden, which can be particularly difficult to combat precisely because of the high temperatures, that on most occasions will favour their development and propagation. Our plants are therefore more sensitive than ever to insect pests and, later on and once they have developed buds, to the dreaded fungi.
Because of this, it’s the season of the year where the most insecticides (early summer) and fungicides (late summer) are used, because no grower wants to watch their efforts and dedication be ruined by a pest or disease. However… are we making the best use of pesticides? How can we limit its impact on our health and the environment? This article was born from my own experience during the years that I spent cultivating cannabis outdoors in my garden, when I saw the fauna in it gradually diminish and, fortunately, how I’ve seen its resurgence in recent years thanks to a more responsible use of phytosanitary products.
A healthy cannabis plant will produce first-rate flowers
Organic and chemical pesticides
The first distinction to take before deciding to use any of these products is if we want it …
Oftentimes in the marijuana industry, licensees forget or don’t believe that existing federal, state, and local laws apply to their cannabis operations. For example, things like ADA and OSHA compliance get overlooked where the thinking can be, “I’m already violating one federal law, so I don’t have to comply with other, existing federal or state laws.” Of course, that line of thinking is incorrect and is only going to lead to pain and suffering when it comes to legal violations, fines, and penalties.
Our California cannabis business lawyers are seeing many licensees in these early days of legalization continue to ignore existing state and federal laws, though we see that many are also striving to keep up both with the state’s rules and all other existing federal and state laws. On that note, one of the stickiest areas of compliance in California hasn’t really had anything to do with cannabis–it’s been whether distributors, specifically those who self-distribute, need a motor carrier permit (“MCP”) from the Department of Motor Vehicles. And the answer is: It depends.
Generally, California requires any “motor carrier of property” transporting goods with a “commercial motor vehicle” to obtain and maintain a MCP from the state. California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and the Bureau of Cannabis Control (BCC) regulations specifically provide that …
Many medical and recreational cannabis consumers prefer to inhale a cool, instantly-rejuvenating, cannabinoid-infused vapor as opposed to the comparably harsh combusted cannabis smoke.
However, many health-conscientious cannabis concentrate consumers—you included, perhaps—prefer to avoid all together inhaling residual petroleum particles from butane hash oil into their lungs. We couldn’t agree more.
So are you ready for a cleaner, purer, tastier, safer and overall truly higher-quality cannabis concentrate? Well, have we got a treat for you: supercritical CO2 extraction!
That’s not actually the treat, though. Rather, it’s a really awesome way to remove all the stuff that makes ganja great from the plant matter on which it resides. That way, you don’t have to burn your marijuana to reap all the mind-altering and medicinal benefits.
And best of all for those health-conscious cannasseurs out there, this extraction method won’t leave behind trace amounts of toxins in the finished product. Now that’s something to sit up and take notice of.
This post will break down a bit of the basics behind supercritical fluid extraction and the biochemical benefits of CO2 extracted cannabis concentrates. We’ll also leave you with some simple steps for extracting your own concentrated kief crystals at home using dry CO2 ice.
The Added Value of CO2 Extraction
Supercritical CO2 is increasingly being used as a cheap, recyclable, …
Back in February, I discussed administrative litigation in Oregon and the types of violations Oregon cannabis businesses can be hit with. But what about settlement? Like in civil litigation, administrative litigation can be settled with the right tools and right team of lawyers on your side.
As a quick refresher, the Oregon Liquor Control Commission (OLCC) is the agency tasked with implementing and enforcing the recreational marijuana rules. The OLCC can and does conduct random inspections of marijuana licensees. These inspections sometimes lead citations for rule violations. These rule violations may then lead to a charging document outlining potential penalties– sometimes several months after the problematic inspection occurred.
A charging document is only the beginning. Depending on the category of the violation(s) assessed, and whether they are grouped together as single violation or listed as separate infractions, the charging document will allow the licensee to either: 1) waive its right for a hearing and pay a reduced fine or serve a reduced suspension, 2) request an administrative hearing, or 3) pay the full fine or serve the full suspension. If the licensee receives a Category I violation, the licensee will only have the option to request a hearing or surrender the license. You can view a table of violations and their categories here…
We’ve written previously about some common issues landlords run into when leasing to cannabis businesses (see links at the bottom of this article). Now that we’ve seen almost a year’s worth of emergency regulations, and the state has released its proposed final regulations, we’ve also seen a variety of cannabis leasing issues crop up. Here are a few of the most common ones.
This is a frequent problem. Sometimes it’s an issue with the landlord’s current carrier being no longer willing to provide coverage, or a questions of how to pass the increased cost of premiums on to the tenant if coverage is actually available. Or sometimes it’s about the tenant’s inability to obtain reasonably priced coverage with sufficient policy limits and necessary endorsements. But more often than not, insurance presents a problem for one or both parties. Fortunately, insurance is becoming more available and reasonably priced as more admitted carriers join the market. There are different strategies suitable for different insurance-related problems, but some examples have been building a termination contingency into the lease for landlord’s inability to obtain or maintain coverage on the building, or for tenant’s failure to obtain or maintain its required policies. Generally in cannabis leases, the cost of premiums gets passed directly onto the tenant, and in a …
I’ve worked on many celebrity licensing and endorsement deals, and my firm’s cannabis intellectual property lawyers have received countless inquiries from companies looking to partner with one celebrity or another. And while the best of the deals can be very lucrative (and interesting) for everyone involved, plenty of them fizzle out for one reason or another. Often, the excitement over the prospect of partnering with a celebrity can blind businesses to the bigger intellectual property and trademark issues they should consider before negotiating one of these deals.
Earlier this month, Above the Law published a great article on the potential pitfalls of utilizing personal names as trademarks, as is done in celebrity licensing deals. The author noted the recent trademark litigation brought by a company that owns a registered trademark for SWIFTLIFE for “consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others” against none other than Taylor Swift and her “SwiftLife” app. And while a celebrity’s name and likeness can be protected under rights of publicity or privacy law, this case raises the issue of when and how personal names can be recognized as trademarks.
In the United States, a person’s name can be eligible for trademark protection only if that individual is able to establish secondary meaning for their …
Cannabis prohibition under U.S. federal law is nonsensical and causes many problems, from oppressive taxation to civil rights violations. Under international law, however, things may be even worse. Fortunately, it was reported this week that the United Nations (U.N.) will finally take a closer look at cannabis prohibition this fall. It was also reported that the World Health Organization (W.H.O.), an agency of the U.N., has recommended that cannabidiol (CBD) no longer be controlled under international law. Both developments are terrific news.
For public international law nerds, like me, the question of why international law is more intractable than U.S. law on marijuana is fun stuff. The short answer is that cannabis, along with opium poppy and coca bush, is restricted not just through “scheduling”, but by the core text of the principal treaty at issue. This means that under international law, 185 or so countries are going to have to agree to amend the Single Convention on Narcotic Drugs of 1961 (“Single Convention”) (specifically, Articles 1, 22, 28 and 49) in order to truly end prohibition. Then, cannabis would also need to be removed from the Single Convention’s Schedules I and IV. All of that is no small feat.
Still, it isn’t impossible that the Single Convention would be amended to …
Carbohydrates or sugars in the cultivation of cannabis
What are carbohydrates?
Carbohydrates are a group of compounds that include sugars, starches and cellulose among many other substances. These are formed by carbon, hydrogen and oxygen.
They are vitally important compounds for both plant and animal life. They perform vital functions so that plants can develop healthily and problem-free in all stages of their life and also serve as a source of food for the animals that feed on plants.
Bubble Kush, 44 days, fed with aminoacids
There are two major types of carbohydrates, the so-called structural and the non-structural. The structural carbohydrates are known to make up part of the cellulose that forms plants cell walls, giving rigidity to the stem, branches and roots, etc., all parts of the plant that keep it standing upright, and without them plants would fall over.
Non-structural carbohydrates are stored in many parts of the plant, for example the stem, roots, rhizomes, stolons, as well as the aerial part of the plants where they play a vital role as the source of energy that the plant relies upon in order to carry out its metabolic functions. They are the fuel the plant needs to keep growing.
But exactly what functions do they perform in plants, and in particular, how do they …
“Ladies and gentlemen…let’s get ready to rumble! In the blue corner, weighing in at an impressive five syllables, help me welcome the medical marvel, Cannabidiol, a.k.a. CBD! And in the red corner, weighing in at a truly tongue-twisting eight syllables, give a warm round of applause for the psychoactive samurai, Tetrahydrocannabinol, a.k.a. THC!”
With a title like CBD vs. THC, that’s what you might expect from this article — a fight. You likely assume that we’ll provide an answer to the question, “Which one is better?”
But, as you’ll see as you read on, pitting CBD against THC is like pitting an apple against an orange.
CBD and THC each have their own unique benefits, but one isn’t necessarily better than the other. There’s no clear winner like there would be if we compared, say, an apple and high-fructose corn syrup.
So let’s consider this less of a “versus” situation and more of a “getting to know you” event, where we delve into the specifics of both CBD and THC. Along the way, we’ll learn about the broad category of cannabinoids from which CBD and THC originate.
We’ll also discover where you can find CBD and THC. And we’ll investigate the effects and side-effects of CBD and THC to see how they compare.