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.
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. …
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.
The Controlled Substances Act defines “marijuana” as: all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
Just like THC-containing products that are lawful under a state’s marijuana laws, CBD that may be lawful under a state’s marijuana laws, is still federally unlawful if sourced from the parts of the plant included in the definition of marijuana.
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.
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 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.
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.