All posts by DuaneMorris3

Cannabis Registration Requirements May Be Unenforceable

Dan TerzianSay you want to start a cannabis business. There’s likely a law requiring you to register with the government.

But can you refuse to comply with that law?

Arguably, you can. You have a Fifth Amendment right not to be forced to incriminate yourself. And registration requirements force you to identify as a person involved in activities illegal under federal law.

To read the full text of this article by Dan Terzian (originally posted in The Recorder), please visit the Duane Morris website.

Pennsylvania Legislature Rescues Medical Marijuana Clinical Research Program

By David Landau

On Friday June 22nd, Pennsylvania Governor Tom Wolf signed into law a bill allowing Pennsylvania’s Medical Marijuana clinical research program to proceed.  A Pennsylvania court a short while ago enjoined the program.   Continue reading Pennsylvania Legislature Rescues Medical Marijuana Clinical Research Program

IP Protection and the Cannabis Industry: Strategies and Trends

Protection of intellectual property is a key element in any company’s efforts to secure a competitive advantage. For companies in the cannabis space, efforts to secure intellectual property protection play out against a background of conflicting federal and state regulations. Cannabis continues to be a Schedule I drug under the Controlled Substances Act, and possession of cannabis is prohibited by federal law. However, 29 U.S. states and the District of Columbia have legalized medical cannabis, and eight U.S. states have legalized recreational cannabis. This article will address various IP strategies, including trademarks and branding, patents and trade secrets, for protection of cannabis and cannabis-related products and services. The article will also discuss trends in the industry as well as contrasting protections available on the state and federal levels.

To read the full text of this article by Duane Morris attorneys Gretchen Temeles, Christiane Campbell and Vicki Norton, please visit the Duane Morris website.

Access to Medicinal Marijuana in New Jersey Improves

In response to Executive Order No. 6, issued by New Jersey Governor Phil Murphy, the New Jersey Department of Health (the “Department”) reviewed certain elements of New Jersey’s Compassionate Use Medical Marijuana Act and the implementation of the Medical Marijuana Program (“MMP”) (Executive Order 6 Report). …

The Department’s analysis resulted in the recommendation and approval of an immediate expansion to the MMP. The first stage of the expansion includes the addition of five conditions to the existing list of diagnoses for which medicinal marijuana can be prescribed. Patients with chronic pain related to Musculoskeletal Disorders, Migraines, Anxiety, chronic pain of Visceral Origin, and Tourette’s Syndrome are now eligible to participate in the MMP.

Read the full story on the Duane Morris Health Law Blog.