A California jury last week handed down what has been reported to be the first antitrust jury verdict involving the cannabis industry. As the cannabis industry continues to grow and evolve, cannabis-related antitrust disputes may well increase.
Continue Reading California Jury Awards Millions to Cannabis Company in Antitrust Case
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NLRB’s Division of Advice Determines Certain Workers in the Cannabis Industry Are Exempt From Federal Labor Law
On January 25, 2021, the NLRB Division of Advice (“the Division”) released a memo that may indicate a change in the way workers engaged in cannabis activities are covered under federal labor law. Under the NLRA, the right to form and join a union is limited to employees. Agricultural laborers do not have that right under federal law. Despite the fact that many workers in the cannabis industry are often involved in the cultivation and harvesting of a crop, they have typically been considered employees rather than agricultural laborers under the National Labor Relations Act (“NLRA” or “the Act”). This recently released advice memo (available here) reverses that interpretation.
Continue Reading NLRB’s Division of Advice Determines Certain Workers in the Cannabis Industry Are Exempt From Federal Labor Law
Hemp Revisited: Beyond Medical Use, Texas Cautiously Legalizes Consumable and Non-Consumable Hemp Products
This article is the second part of a two-part article which provides an overview of Texas cannabis-related legislation and regulations affecting Texas cannabis operators and consumers. Part I[1] covered the State’s regulations for limited medical cannabis use and consumption. In this article, we will discuss the State’s hemp program for both consumable and non-consumable products.
Continue Reading Hemp Revisited: Beyond Medical Use, Texas Cautiously Legalizes Consumable and Non-Consumable Hemp Products
The Status of a Cannabusiness’ Ability to Seek Relief in the Courts — the ‘Illegality’ Issue
This article originally appeared in Cannabis Business Executive on June 10, 2020.
Claimed “illegality” of cannabusinesses continues to be a critical issue for them in their ability to enforce their rights in the courts. The ability to seek judicial relief may be especially important to some cannabusinesses that are struggling as a result of the COVID-19 pandemic (e.g., to seek bankruptcy relief, or to obtain compensation from customers or suppliers that breach contracts). In our December 2019 articles[i], we observed that a cannabusiness may find it difficult to pursue its Intellectual Property (IP) rights in certain jurisdictions where cannabis remains illegal. Here, we provide an update on the “illegality” issue, including outside of the IP arena. We discuss some recent legal rulings in the cannabis space and some potential ramifications to cannabusinesses’ ability to seek bankruptcy and other relief in the courts.
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Yes, UCANN!
Patentees and inventors of cannabis compounds may be happy to learn a district court in Colorado recently held that, based on the record before it, U.S. Patent No. 9,730,911, entitled “Cannabis extracts and methods of preparing and using same,” is not directed to unpatentable natural phenomena. United Cannabis Corporation v. Pure Hemp Collective Inc., No. 1-18-cv-01922 (Apr. 17, 2019, Order) (William J. Martinez).
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