We’ve written a good amount on how ugly litigation will be. There’s federal illegality and the possibility that a court refuse to rule on a contract dispute because cannabis is federally illegal. Companies can be sued for false advertising and have all of their profits attributable to the false advertising disgorged by competitors. Allegedly false
Welcome to the final post in our litigation series on California cannabis claims. For our last post, we’ll be touching on California’s Unfair Competition Law.
California’s “Unfair Competition Law,” also known as the Unfair Competition Act, Unfair Business Practices Act, or the Unfair Practices Act, is codified at Business & Professions Code § 17200,
On February 20, 2020, the California Department of Food and Agriculture (CDFA) released its proposed regulations for the Cannabis Appellations Program, something that many cultivators have been anticipating since the inception of the Medicinal and Adult Use Regulation and Safety Act (MAUCRSA).
We’ve written about appellations and their applicability to cannabis before, but a quick
Welcome back to our litigation series on California cannabis claims. Today, we’ll be discussing intentional interference or “tortious interference” – which may apply to your situation if you find that a third party is improperly interfering with you and your contractual relationships.
Introduction
This claim stems from California’s basic recognition that contractual relationships are worthy
Psilocybin has been in the news with increasing frequency as research into psychedelic therapy has proliferated, and a number of local jurisdictions, including the cities of Oakland, Denver, and Santa Cruz have decriminalized psilocybin to varying degrees. Much like cannabis, public perception of certain psychedelics like psilocybin is shifting rapidly, as people really the
Last week, I presented oral argument to the Fifth District Court of Appeal in support of the people’s right of referendum. Long story short, the Kern County Board of Supervisors banned medical marijuana dispensaries in 2011, the people protested via referendum petition, and to this day the County has refused to comply with the
Last week, I attended Portland’s Hemp CBD Connex, an annual event that highlights the vast potential of hemp and CBD.
Of interest to me–because my practice focuses on the regulatory framework of CBD products–was a panel entitled “Weeding Through the CBD Jungle: How to Grow, Run and Be Successful.” This panel was led by
Last year, the California cannabis agencies started to ramp up enforcement activities against unlicensed operators. Still, if you ask any licensed cannabis business, enforcement against unlicensed competition is far from where it needs to be. It was widely reported last year, for example, that there were 3,000 illegal cannabis businesses in California. My best guess
Welcome back to our litigation series on California cannabis claims. Fraud is one of those claims that clients believe will be easy to pursue, but it actually requires a lot of factual development and proof, even just to assert it in a complaint. Below is a primer.
A fraud claim requires six elements: (1)
On Friday, January 31, the Los Angeles Department of Cannabis Regulation (“DCR”) issued an updates bulletin to stakeholders via email that outlines some important highlights and reminders for licensees and would-be licensees in the City. Below are the key points, with analysis.
1. 100 Phase 3 Retail Round One applicants determined eligible for further processing.