Outlook Hazy For Cannabis TMs Under Unlawful Use Doctrine

It is established, for now, that the U.S. Patent and Trademark Office will not register a trademark used for cannabis or cannabis-related goods or services (other than hemp) because, to be registerable under the Lanham Act, a mark must be in lawful use in commerce, and cannabis products remain unlawful under the Controlled Substances Act — even in states where medical and/or recreational marijuana has been legalized.[1] Read More ›

Dazed and Confused: Employers Prepare for Recreational Marijuana in Illinois as of 2020

With the passage of the Cannabis Regulation and Tax Act, Illinois becomes the 11th state to legalize the recreational use of marijuana. As such, Illinois employers must now grapple with the new law’s potential impact on their employees and operations before the law becomes effective on January 1, 2020. Read More ›

Illinois Cannabis Law Update

Cannabis legislative activity is heating back up in Illinois as Governor Pritzker recently signed legislation to make the state’s Compassionate Use of Medical Cannabis Pilot Program permanent as well as legislation clarifying who may administer medical cannabis to students in a school setting. This recent gubernatorial action takes place as Illinois gears up for the roll-out of recreational use cannabis on January 1, 2020. Read More ›

Michigan Announces New, Legally Questionable, Assessment Structure

Michigan’s Marijuana Regulatory Agency (MRA) this week announced the Medical Marihuana Facilities Licensing Act (MMFLA) regulatory assessment structure for Fiscal Year 2020.  Read More ›

FDA Again Warns CBD Product Manufacturer

On July 22, 2019 the FDA sent a warning letter to Curaleaf, Inc. warning it about the labeling and marketing of its CBD products including lotion, patches, tinctures, disposable vape pen, and pet products. FDA concluded that Curaleaf’s websites, social media and other marketing material made unsupported health claims about its products, in violation of FDA regulations.  Read More ›

Primer on the Emergency Rules for MRTMA

Co-Authored by Dykema Summer Associate Madison Laskowski

On July 3, 2019, the Marijuana Regulatory Agency (“MRA”) promulgated emergency rules to implement the Michigan Regulation and Taxation of Marihuana Act (“MRTMA” or the “Act”). The licensing requirements and procedures under the emergency rules are substantively similar to those provided for under the Medical Marihuana Facilities Licensing Act (“MMFLA”). These rules will remain in effect for six months and can be renewed for an additional six months, during which time additional rules may be promulgated. Final Rules will be promulgated thereafter. This process will likely replicate the rulemaking procedure used for the MMFLA rules. Read More ›

Michigan Releases Emergency Rules for Recreational Marijuana

Michigan’s Marijuana Regulatory Agency (MRA) today issued emergency rules for the administration and implementation of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), accompanied by an explanatory press release. There are several notable highlights: Read More ›

The U.S. Supreme Court Denies Certiorari in Cannabis Case

On June 24, 2019, the U.S. Supreme Court denied petition for a writ of certiorari to review the decision of the U.S. Court of Appeals for the Tenth Circuit in Alpenglow Botanicals, LLC v. United States, 894 F.3d 1187 (10th Cir. 2018). Alpenglow Botanicals, LLC (“Alpenglow”) is a medical marijuana business, which operates legally in the state of Colorado. After an audit of Alpenglow’s 2010, 2011 and 2012 tax returns, the Internal Revenue Service (the “IRS”) assessed a deficiency against Alpenglow by denying a variety of its business deductions under section 280E of the Internal Revenue Code (the “Code”) and by concluding that Alpenglow had “committed the crime of trafficking in a controlled substance in violation of the CSA.” Section 280E disallows business deductions and credits for businesses engaging in trafficking of a Schedule I or II controlled substances. The federal government claims that marijuana is a Schedule I controlled substance, the possession or distribution of which is generally a serious federal crime.  Read More ›

Michigan’s Marijuana Regulatory Agency Provides Information About MRTMA at its First Public Meeting

Authored by Dykema Summer Associate Madison Laskowski

On June 13th, in its first public meeting, the Marijuana Regulatory Agency (MRA) received comments and provided information on the administration of the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Read More ›

Michigan’s Marijuana Regulatory Agency Releases New Medical Marijuana Facilities License Applications: What to Know

The State of Michigan’s newly created Marijuana Regulatory Agency (“MRA”) has released its new Medical Marijuana Facilities License application forms and instructions, formally replacing the application process previously administered by the now dissolved Bureau of Medical Marihuana Regulation. In large part, the application process and the forms themselves remain much like the old, but now reflect recent changes to the Medical Marijuana Facilities Licensing Act (“MMFLA”) in effort to make the licensing process more streamlined and conducive to publicly traded companies, and remove inapplicable inquiries related to temporary operations under the previous “emergency rules.” The remaining changes are stylistic cleanups emphasizing the underlying requirement of truthfulness, provide separate forms for entities or individuals, and a streamlined application submission process. Applications remain a two-step process of submitting for prequalification (“Step 1”) and facility licensure (“Step 2”). Read More ›