By Hilary Bricken, Co-founder Harris Bricken I’ve been practicing corporate, transactional, and regulatory law in the marijuana industry for going on 10 years now. I’ve never understood exactly why folks get excited about, or even remotely interested, when various lifetime politicians in Congress push bills on the federal legalization/rescheduling of marijuana. Why? Because these bills […]
Controlled Substances Act
Legal Implications for Physicians Recommending Medical Cannabis in the USA
In our studies examining the use of Medical Cannabis Therapy (MCT) by Oncologists and Pain Management Specialists[i], we asked physicians what their biggest barrier was to their adoption of medical cannabis. Two-thirds (65%), mention legal concerns. Concern for legal exposure and increased risk of malpractice associated with MCT remains high, given the federal status of […]
Cross-border Cannabis: The Potential Impact of Anti-Money Laundering Laws on International Cannabis Deals
When it was announced in April 2019, Canopy Growth Corp.’s conditional deal to purchase Acreage Holdings Inc. raised eyebrows not only because of its price tag (potentially exceeding US$ 3 billion in total consideration), but also because of the transacting parties’ apparent willingness to test the boundary of U.S. anti-money laundering law (“AML”). Canopy is a […]
Best Practices for Successfully Registering Federal Trademarks for Cannabis and Related Goods and Services
There is a common misconception that trademarks for cannabis and related goods and services are not registrable at the U.S. Patent and Trademark Office (PTO). This is simply not the case. By failing to federally register trademarks with the PTO, cannabis professionals are making costly mistakes that could ultimately put their brands at risk. On […]
Top 5 Buzzkills Keeping Cannabis Down And Out (And Emerging)
Unfortunately, most of these are here to stay thanks to the Department of Justice and the Controlled Substances Act. By Hillary Bricken, Co-Founder Harris Bricken There’s no question that cannabis remains a rocky, emerging industry even though entire countries and more than 30 U.S. states now have cannabis legalization or “medicalization.” The reasons why though […]
Lawmakers Optimistic About New Federal Marijuana Bill
A bipartisan group in Congress has reintroduced an expansive bill that would protect the cannabis industry in legal states A large bipartisan group of lawmakers are dropping legislation later this morning that would end the federal prohibition on marijuana by allowing each state or territory to decide their own pot policy, and unlike in years past — […]
Banking on Cannabis: An Insider’s Guide to Banking With Marijuana-Related Businesses
By Alan Hanson There are many articles written about the issues surrounding banking Marijuana-Related Businesses (MRBs), but there are very few that discuss how banks can actually do this. And there are even fewer written by someone who has successfully helped a bank do it! As general counsel and compliance officer for an Oregon credit union, […]
A Half-Banked Industry — New Cannabis Businesses Need Access To Financial Service
By Adam Crabtree, Andrew Freedman and Crystal Good If you ever open a cannabis business, you will have this meeting: Some really big guys will contact you about your cash problem. A cash problem only they could solve. It will require unmarked, bullet-proof vans, guns, more big guys, and some special relationships with government officials. […]
Drug Enforcement Administration Newly Classifies CBD as Schedule V Controlled Substance for Epidiolex
PRESS RELEASE DENVER, CO.—Sept. 27, 2018 Without regard for clear Congressional intent, the United States Drug Enforcement Administration (DEA) continues to act contrary to the express authorizations provided for in Section 7606 of the Agricultural Act of 2014 (the “Farm Bill”) and the Ninth Circuit Court of Appeals’ order in HIA v. DEA III (April 2018). […]
CBD is Not A Controlled Substance – The “Source Rule” Applies
An Urgent Request from Bob Hoban – Hoban Law Group As you may know, the Hoban Law Group (HLG) appeared before the Ninth Circuit Court of Appeals (in February, 2018) in San Francisco – Hemp Industry Association, et al. vs. DEA (“HIA Suit”) –concerning the issue of CBD extraction from hemp, and the legality of industrial hemp, […]
