CANNIBIS

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New York Cannabis: License Number Estimates

During New York’s Cannabis Advisory Board’s meeting on September 26, 2023, the Office of Cannabis Management’s (OCM) Executive Director Christopher Alexander revealed that the OCM anticipated issuing “over a thousand, closer to 1,500 licenses” as part of the initial licensing window that is currently scheduled to open on October 4, 2023. As referenced in this […]

Oregon Cannabis: The OLCC License as Security

Can a creditor, landlord or other third party take a security interest in an OLCC license? Can an OLCC licensee collateralize or pledge its license– as if that license were personal property, and not just a permission conferred by the state? These are two sides of an academic question we’ve been batting around for years […]

Cannabis Businesses Need Privacy Policies

It’s 2023 and many cannabis businesses are still missing one critical operating document: a privacy policy. I’ve been writing and talking about this issue for years. And things are not getting better. So let’s talk about it once more. To start, California has required privacy policies for a very long time (well, “long” at least […]

How to Kill Your Cannabis Trade Secrets in One Simple Sentence

Cannabis businesses use non-disclosure agreements (NDAs) constantly. This may be due to a series of factors, or some combination thereof: 1) the relative hardship of acquiring and protecting intellectual property over marijuana-related processes and products, today and historically; 2) a general modus operandi of “close to the vest” dealings in an industry that historically was […]

California Gives Up on the Illegal Cannabis Market: An Update

At the beginning of the summer, I wrote a post entitled “California Gives Up on the Illegal Cannabis Market” in which I went into detail about the state’s failure to meaningfully address the festering illegal market. More recently, I wrote about “Another California Cannabis Enforcement Program That Won’t Work.” As the name suggests, this post was […]

Cannabis Rescheduling and Trademarks – Canna Law Blog™

Cannabis rescheduling appears to be a matter of time and my colleagues have written about the possible implications (see here, here, and here). Rescheduling to a less restrictive category will also have implications for trademarking by cannabis brands. By broadening the legality of cannabis goods and services, rescheduling will also make more canna trademarks eligible […]