By Ruben Espinosa, Attorney at Wilson Elser On Thursday, May 30, 2019, the United States Court of Appeals for the Second Circuit made history by refusing to dismiss a case challenging marijuana’s status under Schedule I of the Controlled Substances Act (CSA). This decision marks the first time a lawsuit challenging the constitutionality of the […]
Controlled Substances Act (CSA)
New USPTO Trademark Examination Guidelines: Federal Trademark Registrations Available for Hemp and Certain Hemp-Derived Products
The US Patent and Trademark Office’s (“USPTO”) May 2, 2019 Trademark Examination Guide 1-19, “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of 2018 Farm Bill” provides new opportunities for obtaining federal trademark registrations for non-ingestible hemp-derived products. However, they do not allow for the federal registration of trademarks for any […]
What’s Included in a Drug-Free Workplace Policy?
A nationwide patchwork of regulations is beginning to upend the traditional assumptions about drugs in the workplace. There are many reasons for employers to promote and enforce a drug-free workplace policy and to engage in drug testing of employees. Some employers are mandated by law to have drug testing programs. Many employers choose to drug […]
ICYMI: Legitimate Marijuana Reform May Be On The Horizon For . . . Congress!
By Hilary Bricken The political stars may finally be aligned to see meaningful marijuana law reform be puff-puff-passed. It seems like every year, the old pot guard in Congress tries its hand at some form of marijuana legalization. Though these sorts of actions attract headlines (and votes?), they never seem to go anywhere. But for […]
Looking for a Corporate Cannabis Haven? Better Think Twice
As business and corporate cannabis lawyers focused on the west coast, we have registered and structured a large and ever-expanding number of cannabis businesses from Alaska to California. Most of these businesses are corporations or LLCs, and most of the time, these businesses are incorporated in the state where they will obtain a license to […]
Branding Your Bud: Why Trademarks Are Tricky for Marijuana Businesses
Brand loyalty builds businesses. That’s why most businesses need successful brands, and, ideally, brands backed by a federal trademark registration. But because of the federal laws affecting marijuana and related products, marijuana growers and distributors don’t have access to the same avenues of brand protection. So although Dr Pepper/7 Up, Inc., can trademark “Hawaiian Punch,” […]
