Mitch McConnell’s Farm Bill Could Blow Up the CBD Market

Seth Goldberg
Seth A. Goldberg

CBD is already big business in America with hundreds of millions of dollars in sales every year. But the market for pot’s second most famous compound might soon skyrocket thanks to a somewhat unlikely ally: Kentucky Senator Mitch McConnell.

The powerful Republican from Kentucky included provisions in this year’s Farm Bill that would fully legalize industrial hemp. That bill is now a top priority for Congress to pass before the end of the year, and if it becomes law we might see CBD on the shelves of every drug store in America.

To read the full text of this article, in which Duane Morris partner Seth Goldberg was quoted, please visit The Stranger’s website.

Mexico’s Supreme Court Strikes Prohibition on Private Consumption of Marijuana, Paving Way for Legalization

On October 31, 2018, the Supreme Court of Justice of Mexico (Suprema Corte de Justicia de la Nación) ruled in favor of two constitutional challenges (amparos) against the prohibition of the recreational consumption of marijuana. This now marks the fifth ruling on this subject and establishes jurisprudence. As a result, this precedent will now have to be followed by Mexican courts.

Although the consumption of marijuana remains illegal, the rulings under amparos 547/2018 and 548/2018 have effectively made laws prohibiting recreational use of marijuana unenforceable by Mexican courts.

The decision is based on the protection of the constitutional right to personal development. This right, held the court, permits adults to freely decide what recreational activities they wish to undertake and extends to protect any action that is necessary for the exercise of said freedom, without interference by the state. While the court recognized that there are necessary limits to this freedom, it nonetheless held that the effect of consumption of marijuana did not rise to the level of a justifiable interference with a constitutional right. Furthermore, this right does not extend to the commercialization of the drug, nor to the right to consume any other type of drug. …

Read the full Duane Morris Alert

Duane Morris LLP Named American Trade Association for Cannabis & Hemp’s “National Law Firm Partner”

Duane Morris LLP and the American Trade Association for Cannabis & Hemp (ATACH) today announced the first-ever partnership agreement between an American Lawyer (Am Law) 100 law firm and a cannabis trade association. Duane Morris LLP is a law firm with more than 800 attorneys in offices across the United States and internationally. It marks the largest and most significant law firm partnership with a cannabis trade association to date.

Read the full announcement on the ATACH website.

Duane Morris Partners Named Cannabis Law Trailblazers

Congratulations to Duane Morris partners Seth A. Goldberg and Christiane Schuman Campbell, who were recently named Cannabis Law Trailblazers by National Law Journal.

The inaugural list honors individuals “who are involved in all areas of cannabis law from helping regulate the marketing to providing licensing to new companies.” Duane Morris is one of only three Am Law 100 firms represented on the list.

To read the full press release, please visit the Duane Morris website.

Duane Morris’ Michael Schwamm to Present on Investing in the Cannabis Industry

Duane Morris partner Michael Schwamm will present on “Investing in the Cannabis Industry” at the Opal Group Family Office & Private Wealth Management Forum West on October 25, 2018, in Napa, California.

Known for the fastest growing population of newly structured family offices in the world, Northern California is largely dominated by first and second-generation families from the Silicon Valley. Investment strategies such as Private Equity, Venture Capital, and Technology will be familiar themes throughout this conference. Investment managers and families will come together to discuss the foundations in which they built their wealth, and uncork the various investment strategies in which to keep their portfolios growing. For more information, visit the Opal Group website.

Duane Morris’ Jerome Levy to Discuss Municipal Regulation of Marijuana

Duane Morris partner Jerome Levy will participate in the Strafford webinar, “Municipal Regulation of Marijuana: Guidance on Permitting, Licensing and Zoning for Medical and Recreational Uses,” on Wednesday, October 10, 2018, from 1:00 p.m. to 2:30 p.m. (Eastern time).

This CLE webinar will offer guidance to local government lawyers on regulating cannabis consumption for medical and recreational uses. The panel will discuss the patchwork of current regulatory efforts across the country and explore some of the most effective strategies for regulating in municipalities based on current case law and the interplay with state and federal regulation. For more information and to register, visit the Strafford website.

Cannabis Patents: Patent Litigation in an Emerging U.S. Industry

Gretchen Temeles
Gretchen Temeles

Even though cannabis remains a Schedule I controlled substance under U.S. federal law, the United States Patent Office (USPTO), a federal agency of the U.S. Department of Commerce, routinely grants patents covering cannabis-related technologies. The Schedule I classification of cannabis is not relevant to patentability. As with any other invention, to be patentable, a cannabis-related invention must be new, useful, and nonobvious, and teach one of ordinary skill in the art how to make and use the invention. The USPTO has determined that many cannabis-related patent applications have met these requirements. Patents granted to cannabis-related inventions cover an enormous range of technologies, including cannabis plants, growing systems, extracts, methods of making extracts, foodstuffs, veterinary products, and methods of treating various diseases and disorders.

To read the full text of this article by Duane Morris attorney Gretchen L. Temeles, Ph.D., please visit the Cannabis Law Journal website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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