Canna Compliance West is a unique gathering of policy-makers, attorneys, proprietors, and growers. They all come together annually to discuss the current legal regulations on cannabis and the state of the market. Husch Blackwell’s Steve Levine will be the keynote speaker for the conference on May 30, 2019. Steve will be giving a presentation called,…

Trademark practitioners, hemp producers, and hemp-derived product manufacturers have long struggled with the clash of federal and state law regarding protection of trademarks with the United States Patent and Trademark Office (USPTO). Historically, the USPTO has refused registration of marks that include cannabis, hemp, CBD or derived products on the basis that these marks were unable to have lawful use in commerce under existing federal law. These waters became even murkier after the passage of the Agricultural Improvement Act of 2018 (known as the 2018 Farm Bill), which removed “hemp” from the list of controlled substances under the Controlled Substances Act (CSA). On May 2, 2019, the USPTO issued Examination Guide 1-19, outlining the USPTO’s policies with respect to trademarks including legal CBD and hemp-derived goods and services since passage of the 2018 Farm Bill. This appears to open the door for registration of marks that include legal CBD, hemp or hemp-derived products (such as hemp oil), or services such as the cultivation or production of hemp.

On Wednesday, April 3, 2019, the U.S. Food and Drug Administration (FDA) announced plans to hold a meeting to discuss its regulatory approach to products that contain cannabis and cannabis-derived compounds, including cannabidiol (CBD). The public hearing, which is scheduled to be held on May 31, 2019, is intended to obtain scientific data and information…

As almost 40 states have legalized medicinal and recreational use of cannabis, there is much to learn as the trend toward full legalization continues. Husch Blackwell’s Steve Levine will participate in a webinar on April 18, 2019 hosted by the International Economic Development Council that will explore the current regulatory environment in both U.S. and Canada and explain how cannabis businesses have generated revenues.

On January 1, 2020, entities doing business in California will have to comply with the California Consumer Privacy Act (CCPA), a first-in-the-nation consumer privacy law that grants numerous privacy rights to California residents. The CCPA will require thousands of businesses, including cannabis businesses, to undertake significant compliance efforts or risk substantial penalties. For cannabis businesses, however, compliance efforts must be considered in light of other applicable privacy laws.