Fundamentally, CBD derived from hemp is not specifically defined under the Federal Controlled Substances Act (the “CSA”) which can be found under 21 U.S.C. 812. Therefore it is not a Schedule I Substance under the United States Code. (U.S.C.) When Congress passes a law, it is recorded in a set of books known as The […]
What is a Trademark Class and How Do You Choose the Correct Trademark Class to File? When you file an application for a trademark, you are required to select the trademark class, or classes, in which your particular product or service belongs. This might lead you to wonder what a trademark class is and how […]
Personal Use Goes into effect immediately Anyone over the age of 21 Can purchase, possess, or give away up to 28.5 grams of cannabis (not in the form of concentrated cannabis) or up to 8 grams of concentrated cannabis Can possess up to 6 plants, as well as the cannabis produced from the plants in […]
On August 16, 2016, the Ninth Circuit ruled in U.S. v. McIntosh that the Department of Justice may not expend federal money to prosecute state-law compliant medical marijuana providers and entities. Since 2014, through appropriations riders, Congress has ruled that the Department of Justice may not use appropriated funds to pursue federal enforcement actions in […]
If you’ve never been involved in the process of registering a trademark and protecting the valuable ideas and brand names of your business, it is very easy to make mistakes. Trademark registrations are actually quite complicated and counterintuitive at times. There are several steps, procedures and maintenance requirements that must be followed or your brands […]
BACKGROUND On May 10, 2016, the FDA published the final “deeming rule,”[1] which extends the FDA’s tobacco product authority under the federal Food, Drug, and Cosmetic Act (FDCA) to all products meeting the statutory definition of “tobacco product.” Up until now, the existing FDA statutes and rules have only addressed cigarettes, cigarette tobacco, roll-your-own tobacco, […]
On September 12th, Assembly Bill (AB) 2679, which seeks to amend regulations relating to medical cannabis research and production currently existing in state law, was sent to Governor Brown’s desk to be signed into law. This letter provides an overview of the changes that the implementation of AB 2679 will have on state law. Overview […]
But First, Start with the Right Corporate Protection These days, anyone can start their own business quickly and easily over the internet. There are, however, a few problems directly associated with the speed in which a company can be “created” online. The first is that many entrepreneurs don’t always spend the time (or money) necessary […]
You’ve probably seen the trademark symbol before – – it’s that superscripted or subscripted “TM” (or “SM”) you see to the right of a brand name or logo. However, you’ve also probably seen the registered trademark symbol as well – – that’s the “R” enclosed in a circle (®). But do you know the difference? […]
After my presentation on the same topics at the National Cannabis Industry Association conference in Oakland, I was interviewed by Radical Russ on Cannabis Radio.com and asked to discuss intellectual property and corporate transactions in the Cannabis Industry. Listen and enjoy! https://www.cannabisradio.com/podcasts/grassroots-marketing/cannabis-as-intellectual-property/
