Duane Morris – Page 22 – Cannabis Industry

January 19, 2018January 19, 2018 by Duane Morris

Massachusetts US Attorney Issues Warning to Cannabis Actors

By Alexandra Slavet

On January 8, the U.S. Attorney for the District of Massachusetts, Andrew E. Lelling, noted in an official statement that he “cannot provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.” This appears to be the strongest negative statement yet from a federal prosecutor following US Attorney General Jeff Sessions’ recent rescission of a series of memoranda which had suggested low prioritization of prosecution of those in the cannabis industry. Sessions is offering each local US Attorney the discretion to pursue prosecutions of state-legal actors as long as they follow long established Department of Justice guidelines for all prosecutions. Other US Attorneys have, for the most part, stayed silent on the issue, confirmed no change in approach, or said they would study the issue. Continue reading “Massachusetts US Attorney Issues Warning to Cannabis Actors”

January 10, 2018 by Duane Morris

Pennsylvania Department of Health Publishes Regulations on Special Medical Marijuana Clinical Research Licenses

The Pennsylvania Medical Marijuana Act uniquely provides for a special class of licenses for growers and dispensaries to partner with medical schools to undertake real clinical research on medical marijuana.

On January 3, 2018, the Pennsylvania Department of Health (DOH) published for comment the final clinical registrant regulations. The process of issuing these licenses will be underway shortly. While other states are focused on increasing the availability of nonmedical adult-use marijuana, Pennsylvania seeks to become the leader in clinical research on the medical benefits of cannabis.

To read the full text of this Alert, please visit the Duane Morris website.

January 9, 2018 by Duane Morris

Cannabis at the Cutting Edge – Patents for a New U.S. Industry

When most people think of patented technologies, they think of cell phones, computers, and pharmaceuticals. What entrepreneurs in the cannabis industry may not know is that cannabis and cannabis-related products are also patentable. Patents are important for any business, but are particularly important for an emerging industry such as the cannabis industry. The evolving legal and regulatory framework in the industry and the development of new technologies means that those businesses taking early steps to protect their intellectual property are likely to be at a competitive advantage as the industry matures and consolidates.

How do patents fit into the current state and federal cannabis regulations?

Currently, 29 U.S. states and the District of Columbia have legalized medical marijuana and eight states also permit recreational use. Under federal law, cannabis remains a Schedule I controlled substance under the Controlled Substances Act meaning that cannabis possession is illegal. However, the United States Patent and Trademark Office (USPTO), the federal agency responsible for granting patents, has traditionally taken a hands-off approach to barring particular kinds of inventions from patentability. The only kinds of inventions that are legally not patentable are inventions covering human life forms or whose sole purpose is use in atomic weapons. Otherwise, assuming that a patent application covering cannabis or cannabis-related products meets the legal standards for patentability, explained in more detail below, the USPTO presently grants patents to cannabis and cannabis-related inventions.

To read the full text of this article by Duane Morris attorney Gretchen Temeles, please visit the Daily Marijuana Observer website.

December 20, 2017December 27, 2017 by Duane Morris

Cannabis: Patenting Opportunities in an Emerging U.S. Market

Patents are an important tool for businesses to secure a competitive advantage, particularly for companies in an emerging industry such as the cannabis industry. Contrary to popular belief, cannabis and cannabis-related inventions are not only are patentable, but the number of patents and applications being filed in this area is growing steadily. The evolving legal and regulatory framework and the development of new technologies as the industry matures and consolidates means that those businesses that have taken steps to patent protect their technologies early on are likely to be at a competitive advantage.

How do patents fit into the current state and federal cannabis regulations?

As of this writing, twenty-nine U.S. states and the District of Columbia have legalized medical marijuana. and eight states permit recreational use. Under federal law, cannabis remains a Schedule I controlled substance under the Controlled Substances Act. However, the United States Patent and Trademark Office (USPTO), an agency of the United States Department of Commerce, has issued, and continues to issue patents to cannabis and cannabis-related inventions. The USPTO has traditionally taken a hands-off approach to barring particular kinds of inventions from patentability. Congress has determined that two kinds of inventions are categorically not patentable: those encompassing human organisms (The Leahy-Smith America Invents Act (AIA) (Public Law 112-29, sec. 33(a), 125 Stat. 284), and those having as their sole purpose use in atomic weapons (The Atomic Energy Act of 1954, See 42 U.S.C. 2181(a)). Otherwise, assuming that a patent application covering cannabis or cannabis-related products meets the legal standards for patentability, the USPTO is presently granting such patents.

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

December 14, 2017December 14, 2017 by Duane Morris

The Law and Marijuana

For his monthly column “Nev’s Health Law” in Chicago Lawyer magazine, Duane Morris partner Neville Bilimoria has written a two-part article focusing on different aspects of law related to the cannabis industry.

Part 1: Why having a cannabis practice is no joke

Part 2: A look at the law, science and politics of cannabis

November 28, 2017January 26, 2024 by Duane Morris

How Legal Marijuana in New Jersey Will Disrupt Pennsylvania’s Medical Program: A Q&A with Duane Morris Lawyers

New Jersey is almost certain to legalize marijuana for adult recreational use within a year, and that’s sure to have major repercussions on Pennsylvania’s nascent medical cannabis industry.

The Inquirer spoke with two Duane Morris LLP lawyers who represent marijuana clients on both sides of the river. Seth A. Goldberg, based in Philadelphia, heads the firm’s cannabis practice. Paul P. Josephson, based in Cherry Hill, served as counsel to Murphy’s gubernatorial campaign and is an adviser to the New Jersey Cannabis Industry Association.

November 17, 2017 by Duane Morris

FDA Warns Cannabidiol-Infused Products Manufacturers Over Health Claims

The U.S. Food and Drug Administration (FDA) has recently issued warning letters to four companies concerning the marketing of products containing cannabidiol (CBD). FDA alleged that claims made on websites and social media webpages concerning the health benefits of CBD violated the Federal Food, Drug and Cosmetic Act. The products at issue included CBD-infused oils, edibles, tinctures and creams, and the manufacturers included statements claiming various health benefits from CBD.

To read the full text of this Alert, please visit the Duane Morris website.

September 22, 2017 by Duane Morris

Know the Law: The Legal Side of a Cannabis Business

Join Duane Morris’ Patricia Heer at the October 12 NYC Women Grow event, “Know the Law: The Legal Side of a Cannabis Business,” in Duane Morris’ New York office, starting at 6:30 p.m.

The panel discussion will address the legal issues that current, future or ancillary businesses need to consider when working in the cannabis space.

Speakers

Patricia H. Heer Special Counsel, Duane Morris, LLP

Deanna Clark-Esposito, Managing Attorney, Clark-Esposito Law Firm, P.C.

Lauren Rudick, Partner, Hiller, PC

For more information and to register, visit the event website.

September 22, 2017September 22, 2017 by Duane Morris

Patricia Heer Presenting at 4th Annual Cannabis World Congress and Business Expo in Boston

Duane Morris’ Patricia Heer will be presenting at the 4th Annual Cannabis World Congress and Business Exposition in Boston on October 4-6, 2017.

Patricia’s presentation, “Cannabis and Social Media with Some Practical and Legal Implications,” will take place on Friday, October 6 at 11:00 a.m.

The Annual Cannabis World Congress and Business Expos are the leading forums for doing business in one of the fastest growing industries in the United States. If you’re employed in the cannabis industry, a current business owner, interested in starting a cannabis business, provide private equity and investment resources, or provide professional or business services, these events provide numerous informative presentations and networking opportunities.

For more information and to register, please visit the event website.

September 15, 2017 by Duane Morris

Should We or Shouldn’t We? – That Is the Question

Over the past few years the number of states that have legalized marijuana in some form has grown substantially to the point where, as of this writing, 29 states and the District of Columbia have legalized marijuana for either medical or recreational use. This recent acceptance of marijuana by a significant number of states has created a brand new industry, which is estimated to generate approximately $7.0 billion in 2017 and $24.5 billion by 2025. This industry is clamoring for acceptance into a financial system that allows participants to bring the cash generated into the secure environment afforded by our banking system. This will not only provide security to the marijuana related businesses (“MRBs”), but will also permit better accounting, monitoring, and taxing of funds generated by those businesses.

To read the full text of this article, please visit the Duane Morris LLP website.