The so-called War on Drugs was mostly a war on marijuana. Drug testing has mostly been marijuana testing, and when police arrested people for drug crimes, it was disproportionately black and brown people found in possession of, or selling, small amounts of marijuana which are now available legally in a very competitive retail industry. Those…
On August 26, 2019, the DEA announced they will be facilitating and expanding scientific research for cannabis within the US by (1) taking hemp off the controlled substance list and no longer requiring DEA registration to grow and research hemp and (2) by working with additional federal agencies to “expedite the necessary steps to register additional…
According to the report BDS Analytics and Arcview Market Research, California’s legal cannabis market is expected to reach $3.1 billion this year. This makes the Californian marijuana market the largest in the world—bigger than Colorado and Washington, two of the pioneer states for legalizing recreational cannabis, and even bigger than Europe. Anybody looking to enter the…
By no means has commercial cannabis licensing in Los Angeles has been a smooth ride. Los Angeles decided to issue commercial cannabis licenses in three phases, each phase accepting licenses for a different segment of the cannabis industry. However, Phases 1 and 2 were both significantly delayed for various reasons, some citing the lack of…
The rules regarding mailing CBD and hemp-based products have changed. Last week, the United States Postal Service (“USPS”) released new mailing standards for “products derived from cannabis and industrial hemp” in light of Congressional and Departmental clarification that interstate commerce of hemp is expressly permitted. The USPS apparently intended to grant broader permissions with respect…
The United States Department of Agriculture (“USDA”) released a document titled “Executive Summary of New Hemp Authorities” yesterday, May 28, 2019, which, among other things, affirmed our analysis that states (and tribes) cannot block the transportation or shipment of hemp throughout the US — directly contradicting not only it’s own previous statements, but also those…
The great coronavirus pandemic of 2020 has made it, literally, official: America, from coast to coast, has embraced cannabis. Of the 47 states that have legalized medical cannabis, all have classified medical dispensaries as essential businesses exempt from any orders for businesses generally to close. Of the 11 states that have legalized cannabis entirely, only Massachusetts has deemed…
One of the most frustrating issues, if not the most frustrating issue, facing the legal Californian commercial cannabis market today? The thriving black market. From the perspective of those within the legal, regulatory compliant realm, it’s like watching your potential success slip through your fingertips, especially in the state where the black market produces more than twice…
In 2019, Washington Legislature passed SB 5318, a bill dedicated to reforming the Washington State Liquor and Cannabis Board (“WSLCB”) and its role within Washington’s cannabis industry. After listening to numerous members of the community, including a number of Cultiva’s Clients. Thanks to the passage of SB 5318, the WSLCB will dedicate more focus on…
By Ryan Masters On Friday July 19, Mondelez Canada Inc., the company that makes Sour Patch Kids, sued the makers of “Stoney Patch” cannabis-infused gummies, in California federal court. Mondelez is claiming the makers of Stoney Patch are commiting trademark infringement, trademark dilution, trade dress infringement, unfair competition, and breaking several similar California State laws.…
By: Ryan Masters, Strategic Legal Counsel at Cultiva Law With states across the country, and even the federal government in some respects (see, 2018 Farm Bill), legalizing cannabis, the intersection of intellectual property and cannabis is becoming a more and more important consideration for marijuana and hemp entrepreneurs, as well as existing companies, to take…
By: Fabiola Jimenez, Strategic Legal Counsel at Cultiva Law Advertising in the cannabis industry is inherently difficult. Traditional practices, such as newspaper ad placement, press releases, and radio/tv ads, not only fail to serve cannabis businesses, but also advertising and marketing activities, which now heavily (if not exclusively) rely on online platforms that are actually currently…
Yesterday, the U.S. Food and Drug Administration (“FDA”) issued yet another “statement” regarding its ever-evolving position with respect to CBD, again offering little to no information, and providing generally no predictability, to business working with – or considering working with – CBD. Many CBD business owners, entrepreneurs, financiers, and ancillary business owners were left wondering:…
An important bill concerning cannabis and banking advanced out of committee yesterday, meaning the proposed legislation will go to the full U.S. House of Representatives for a vote. After days of debate and numerous attempted amendments by Republican lawmakers to delay the bill, HR 1595 was ultimately approved by the House Financial Services Committee by…
The Washington State Liquor and Cannabis Board (WSLCB) may be facing some significant changes if two bills currently making their way through the state legislature become law. In the State House, HB 1237 has passed out of the House Committee on Commerce & Gaming and has been referred to the House Committee on Appropriations. And…
I. The Transportation of Hemp in 2019 The transportation of hemp, including interstate transportation of hemp, was previously a highly volatile area of law. Today, however, the transportation of hemp is expressly Congressionally authorized throughout, and across the borders of, all 50 states under Section 10114 of the 2018 Farm Bill. Specifically, this Section titled…
Prior to the enactment of the 2018 Farm Bill, there was intense conflict and confusion regarding whether or not transporting hemp and CBD across state lines was permitted under state or federal law. However, following the passage of the 2018 Farm Bill, and the recent decision handed down by a Federal Court in the Southern…
The 2018 Farm Bill was signed into law just before the turn of the new year, causing a great stir in the cannabis community. While the 2018 Farm Bill does not affect Federal laws with respect to marijuana, its passage is monumental for the hemp industry: For the first time, Congress acted to amend the…
By: Fabiola Jimenez, Strategic Legal Counsel at Cultiva Law The 420 Bills, introduced in Congress by two Senators from Oregon, seeks to overcome one of the greatest uphill battles faced by the cannabis community: the stigma that sometimes attaches to the plant. Despite the fact that the legal marijuana industry has engendered billions of dollars…
The legislative session is still in full swing and the Washington State Liquor and Cannabis Board (WSLCB) is busy testifying on numerous proposed bills, but they also released many new policies in December and some of them may have gone under the radar. So we’d like to highlight a few to make sure you were…
By: Sam Mendez, Strategic Legal Counsel at Cultiva Law Washington Governor Jay Inslee announced his Marijuana Justice Initiative last Friday at the Cannabis Alliance‘s annual Cannabis Summit. The Initiative will provide for an expedited clemency process for people with a marijuana misdemeanor conviction and no other convictions, which the Governor said should affect approximately 3,500 individuals. The…
The Washington State Liquor and Cannabis Board (WSLCB) announced this week that it is abandoning its previous candy ban for a different approach, in which cannabis-infused edibles and their packaging will be restricted to 16 specific colors. The WSLCB is closing out the year with a flurry of policymaking, and cannabis businesses should take note.…
Over the weekend, new Washington laws went into effect expanding state licensed marijuana producers’ and processors’ ability to source, utilize, and integrate CBD from a non-licensed source into a CBD product available for sale within the state’s recreational marijuana market. I. Washington State Expands Access to CBD from Non-Licensed Sources Last spring (2018), Washington…
The hemp and hemp-derived CBD industries currently face enormous legal uncertainty. Many clients have questions with regard to the marketing, sale, and transportation of hemp across state lines. Unfortunately, the authorities that define the rights, responsibilities, and liabilities that apply to the hemp industry are currently in conflict, and are also rapidly evolving. Below, we…
Photo credit: Matthew T. Nichols for the Department of Justice Attorney General Jeff Sessions was forced to resign today, capping the already big news from yesterday’s midterm elections in which Michigan voted to legalize cannabis for recreational use and Utah and Missouri legalized medical marijuana. President Trump quickly appointed Jeff Sessions’ successor, a loyalist named Matthew Whitaker,…
Come meet and speak with Cultiva Law attorneys! We will be at the Lemonhaze Convention at our booth all day today and tomorrow. So come by say hi and grab some swag! We will be on the convention’s legal panel, Navigating the Legal Side of Cannabis, tomorrow (Friday) at 11am-12pm in the Boveda Room. In…
Canada’s legalized marijuana stores opened today for the first time. Canada is now the first and only nation in the developed world to legalize cannabis, joining only Uruguay which legalized in 2013. The Canadian Senate voted to legalize marijuana back in June. Canadians above the legal age of 18 will be able to buy from…
On Tuesday, the Washington State Liquor and Cannabis Board (WSLCB) held its regularly-scheduled board meeting where they dropped a bombshell: a large quantity of marijuana infused edibles that have already been approved for production and sale in Washington will no longer be approved. When this new policy is implemented––it will be a part of rules changes…
The Drug Enforcement Administration (DEA) announced last Friday that certain Food and Drug Administration (FDA)-approved drugs that contain cannabidiol (CBD) are properly rescheduled as Schedule V drugs under the Controlled Substances Act (CSA). While this move is far from categorically rescheduling CBD – as only specific drugs will be placed on Schedule V rather than…
I. Background Recently, we reported on the current state of hemp and CBD laws in the United States following the Ninth Circuit’s April 2018 decision in HIA v. DEA (Case No. 17-70162), the proposed Hemp Farming Act of 2018 (S. 2667), and reading through to the subtler “messages” the Court and Congress have sent…
As you may be aware, Cultiva Law is committed to advancing social justice issues as well as representing the cannabis industry, and one of Cultiva Law’s primary issues of focus from a policy standpoint is easing the process by which people can vacate qualifying criminal records, particularly for cannabis convictions. On September 11, the Seattle Municipal…
In our previous post, we discussed general rules applicable to the transportation of cannabis both across and within state lines. Here, we discuss the issue of who is responsible when an accident happens – or worse, an intentional wrongful act is committed – by an employee driver or a third-party service engaged in the legal…
Some of the most commonly asked questions by cannabis business owners and operators, as well as consumers, involve the transportation of marijuana and the applicable laws, as well as the division of liability between the business owner and the driver. Transportation of marijuana is highly regulated. The transportation of marijuana across state lines – that…
The Seattle office of Cultiva Law, PLLC will be holding a vacation of criminal records clinic at Seattle Hempfest 2018. This weekend, the members of Seattle Cultiva Law Office will be at Hempfest donating our time and knowledge to help clear drug criminal histories. We will have attorneys present and help determine whether your drug…
Cultiva’s own Aaron Pelley was recently featured in the Spokesman-Review for his selection as a Featured Speaker at this year’s upcoming Seattle Hempfest. Aaron Pelley will be featured at Hempfest’s 27th annual “protestival” held in Myrtle Edwards Park and Elliot Bay Park on August 17, 18, and 19, 2018. Originally called the Washington Hemp Expo in 1991, the…
Cannabis industry insiders recently learned the Washington State Liquor and Cannabis Board (WSLCB) is considering implementing a “Hidden Ownership Amnesty Program” that would allow cannabis businesses to come into compliance with ownership and financing regulations without fear of license revocation. In this article, we dive deeper into what ownership and financing regulations exist in Washington…
By: Sam Mendez, Strategic Legal Counsel at Cultiva Law The Washington State Liquor and Cannabis Board (WSLCB) recently proposed a “Hidden Ownership Amnesty Program” at their June 27, 2018 Executive Management Team meeting. Insiders learned about this development after a transcript (see p. 5) was written up by a team assembled by Gregory Foster of cannabisdata.com who regularly sit in…
By: Sam Mendez, Strategic Legal Counsel at Cultiva Law Our previous post covered trademark basics. Below we cover additional concepts such as those that make your trademarks “strong” and “weak,” as well as explore applications to the cannabis industry. I. Four Types Trademarks are generally divided into four categories: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive,…
By: Sam Mendez, Strategic Legal Counsel at Cultiva Law Canada made headlines last week when the Canadian Senate voted 52-29 to pass Bill C-45, permitting personal use and commercial production of cannabis. Prime Minister Justin Trudeau made clear he would legalize cannabis should he be elected Prime Minister during his campaign platform while running for the position in…
The laws applicable to the advertising of legal cannabis and legal cannabis business are some of the most rapidly evolving not only in Washington state, but also across the country. Mass confusion resulted over these regulations in Washington state in the spring of 2017, when Senate Bill 5131 (SB 5131) passed pursuant to the request…
By: Sam Mendez, Strategic Legal Counsel at Cultiva Law Cannabis policy and politics continue to evolve on both state and federal levels and, in the Trump era, it is not uncommon to experience unexpected and even conflicting developments. Conservative Republican former Speaker of the House John Boehner joins a cannabis corporation’s board of advisers? President Trump commutes the…
Last Thursday, the White House announced it is launching a multimillion-dollar ad campaign intending to warn young people about the dangers of opioid abuse and curb opioid addiction. It is part of the anti-opioid initiative President Trump announced in March of this year, following his declaring the crisis a national health emergency last fall and…
The agency responsible for licensing marijuana businesses and enforcing relevant laws in the state of Oregon, the Oregon Liquor Control Commission (OLCC), announced last Thursday it will “pause” the processing and issuance of new marijuana license applications as of June 15, 2018. I. Announcement of Temporary “Pause” on Oregon’s Issuance of New Licenses Applicants for…
By: Sam Mendez, Strategic Legal Counsel at Cultiva Law Clients often request legal advice with respect to registering and protecting their trademarks and brands. All businesses, large and small, should consider the importance and value of trademarks to the success of their business. Cultiva Law provides comprehensive legal services with respect to both state and federal…
On Friday, the U.S. Attorney for the District of Oregon, Billy Williams, issued a memorandum titled “Priorities in Enforcement of Federal laws Involving Marijuana in the District of Oregon.” The memo explains that changes are afoot in enforcement policies and practices with respect to federal marijuana laws in Oregon. These so-called changes are authorized, the memo…
Cannabis is big business, not only for industry participants, but also for the states and local jurisdictions where marijuana has been legalized and regulated through the levy and collection of excise and other taxes. A report from New Frontier Data, a cannabis-neutral policy and business analytic and reporting organization, titled Cannabis In the U.S. Economy:…
An Analysis of Hemp Industries Association, et al. v. U.S. Drug Enforcement Administration (Case No. 17-70162) and the Hemp Farming Act of 2018 (S. 2667) I. Hemp Industries Ass’n. v. DEA (April 30, 2018) The Ninth Circuit Court of Appeals issued its decision in Hemp Industries Association, et al. v. U.S. Drug Enforcement Administration (Case…
In some states, marijuana used to land you in jail; now it can land you on the Forbes list. Even though states across the country are decriminalizing marijuana and instituting their own medicinal and recreational cannabis programs, hundreds of thousands of nonviolent people – mostly black people – still currently sit behind bars or suffer…