Earlier this month, California’s new labeling requirements for CBD products went into effect under Assembly Bill 45 (“AB 45”), which legalized the addition of hemp-derived CBD to food, beverages, dietary supplements, and...more
As more states legalize cannabis, companies are dealing with the absence of national trademark uniformity. Currently, there is no legal mechanism to obtain a trademark to sell cannabis across state lines. Instead, companies...more
The state of the law on psychedelic substances is in flux. Not only are more and more jurisdictions decriminalizing the use of psychedelics for recreational purposes, but it appears that psychedelic substances are the new...more
I. Courts Continue to Stay CBD Class Actions Pending FDA Rulemaking -
Motions to stay based on the primary jurisdiction doctrine continue to be effective in combating class action lawsuits filed against CBD companies for...more
I. Background -
Applicants for licenses to operate cannabis businesses challenge denials (or grants to competitors) in courts in a variety of ways, such as by alleging: (1) technical errors in evaluating applications; (2)...more
In United States v. Pisarski, No. 17-10428, 2020 U.S. App. LEXIS 21564 (9th Cir. July 10, 2020), the United States Court of Appeals for the Ninth Circuit upheld an order enjoining the federal government from prosecuting two...more
Last month, we reported on recent motions to dismiss in suits alleging CBD companies were shortchanging customers by overstating the amount of CBD in their products. This month, we continue our coverage of the wave of CBD...more
From California to Massachusetts and Florida to Illinois, CBD class action suits have been sweeping the country in recent months. One subset of these suits allege, based on state law claims like false advertising, that CBD...more
In Left Coast Ventures, Inc. v. Bill's Nursery Inc., et al., No. C19-1297 MJP, 2019 U.S. Dist. LEXIS 210736 (W.D. Wash. Dec. 6, 2019), the United States District Court for the Western District of Washington abstained from...more
Within the last two years, private litigants have initiated more than a dozen "stock drop" suits against publicly traded companies in the cannabis industry under U.S. securities law. The types of claims are not new: Section...more
A recent federal district court decision held that a cannabis delivery app's clickwrap dispute resolution provision requiring arbitration was enforceable. (Williams v. Eaze Solutions (N.D. Cal. No: 3:18-cv-02598-JD)). The...more
This alert discusses a recent court decision in the first cannabis patent litigation in United States federal district court (United Cannabis Corp. (“UCANN”) v. Pure Hemp Collective, Inc. (D. Colo. No: 1:18-cv-01922-NYW). ...more
This alert discusses developments in the cannabis patent litigation landscape. In particular, the U.S. Patent Trial and Appeal Board (“PTAB”) has adjudicated its first cannabis-related inter partes review (“IPR”) (Insys...more
More than half of U.S. states have now legalized medical or recreational marijuana, and the number of cannabis-related businesses is increasing rapidly. But due to uncertainty related to the division between state and...more