Cannabis Law Journal
September 2017 Edition
Arizona: Medical Marijuana & DUI In Arizona
Despite the existence of voter supported medical marijuana laws in Arizona, the current trends towards legalization nationally and the total failure of the foolish “drug war,” controversy about the legalization of marijuana remains.
Cannabis Law Journal: Issue 6 – 1 September 2017
Welcome to issue 6 of the: Cannabis Law Journal.
Articles penned by the best legal minds on cannabis regulated markets touch on a range of subjects in the latest issue of Cannabis Law Journal.
California: Cannabis Prop 65 Liability: Lessons Learned from the Dietary Supplement Industry
The cannabis industry appears to be next on the liability “hit list” under California’s notorious Proposition 65 statute. In June 2017, more than 700 Prop 65 notices were served on California cannabis businesses. Companies in this emerging market should start mitigating risk under Prop 65 now.
USA / Washington:US Attorney General’s Letters of Cannabis Law
In recent months, The United States Attorney General Jeff Sessions has been in written correspondence with several legal cannabis states over his concerns of the federally controlled substance.
Canada: The New Proposed Cannabis Act: Implications for Franchisors
The proposed legislation to legalize cannabis production, possession, distribution and sale for recreational use may create unique opportunities for future franchisors; those opportunities, however, come with challenging legal issues that should be addressed early in the process of creating any new franchise.
USA: Risk Factors In Cannabis Fundraising
Under the U.S. Securities Act of 1933, public offerings of securities must be registered with the Securities Exchange Commission. This is a federal law, and each state has additional statutory and regulatory requirements for offerings made to residents of that state.
USA: The Gorilla Glue Case: The Lesson is Clear
This article explores the potential for exposure on the trademark front, as exemplified by a recently filed lawsuit, and how a cannabis business can adopt some best practices to avoid the typical trademark pitfalls in an imperfect legal landscape, including taking a holistic approach to intellectual property strategy.
Nicaragua: Part II -The Nicaraguan Cannabis Policy: A de Facto Decriminalization for Personal Use.
Nicaraguan cannabis policy & decriminalization with regard to policing & the courts.
Texas: Medical Marijuana in Texas – A Weak Start
The times, they are a changin’, and nowhere is this more apparent than in the passage of Texas Senate Bill 339. As of June 1, 2015, Senate Bill 339—known as the Texas Compassionate Use Act—officially became the law in Texas.
USA: The Legal Status of Cannabidol, Other Cannabinoids & Terpenes Derived From Industrial Hemp
Is CBD legal? This sounds like an innocent and simple enough question. Certainly, it deserves a simple, straightforward answer. As a lawyer who represents legal cannabis businesses I’m asked this question often. Unfortunately, the legal status of CBD, cannabinoids, and terpenes- all constituent components of the cannabis sativa plant- is anything but simple and straightforward. I intend to shed some light on the subject in this article.
Washington State: Marijuana Facilities Are Subject to Odor and Other Air Pollution Regulations
Authored By: Mike Nesteroff Telephone: 206 223 6242 Email: nesteroffm@lanepowell.com Bio Mike Nesteroff is a preeminent environmental lawyer with extensive experience representing clients in environmental litigation, agency negotiations, property acquisition and...
USA: Court Upholds FDA’s Authority to Regulate E-Cigarettes – What Does this Ruling Mean for the Vape (and Cannabis) Industry?
If this decision stands despite the possibility for an appeal, e-cigarettes, e-liquids, and other recently-deemed tobacco products cannot be legally sold as of August 8, 2018 unless they undergo FDA premarket review.
USA: Insuring the Product Liability Risks of Cannabis
Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle accidents and consumption-related injuries. The potential for an increase in the number and value of cannabis-related product liability claims and lawsuits, however, is of particular concern to the cannabis and insurance industries. The production, distribution and sale of an ingestible product that has psychoactive effects – accompanied by a wide range of anticipated labeling and marketing representations – will certainly result in robust product liability litigation.