DEA Takes a Timeout on Hemp

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…

Sour Patch Pursues Trademark Action Against Stoney Patch

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.…

Mailing CBD and Hemp-Based Products Just Got Easier

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…

Legality of Interstate Transportation of Hemp Affirmed in USDA “Executive Summary”

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…

Online Advertising and the Cannabis Industry

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…

The FDA Statement on CBD, Explained

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:…

Transporting Hemp in 2019

By: Heidi Urness, Strategic Legal Counsel at Cultiva Law (@MaryJaneEsquire) 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…

Washington State Expands Access to CBD

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…