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Blogs > Legally Grown

Apr 23, 2020

Investors: SEC Warns to Be Aware of Uptick of Fraud in the Cannabis Industry

As in many industries, early-stage companies in the cannabis space need capital. With traditional financing limited, outside investment becomes a possibility, but in seeking investors, the company needs to comply with federal and state securities laws. A September 2018 Investor Alert from the United States Securities and Exchange Commission provides warning signs for investors about the uptick in fraud in the cannabis space.» Read More

Oct 24, 2019

Cannabis Businesses Selling CBD and Hemp Products: A Target for FDA and FTC

As one might expect from the title “Federal Food, Drug, and Cosmetic Act,” the Food and Drug Administration (“FDA”) has broad authority.

Introduction

Since the approval of the drug EPIDIOLEX® CV, which has cannabidiol (“CBD”) as an active ingredient, the FDA has taken the position that some products containing CBD are unapproved drugs or unapproved dietary supplements.» Read More

Oct 10, 2019

The USPTO Issues First Hemp Plant Variety Patent; Expect More to Come

Spare a thought for plant patents, which are often the forgotten children of the patent system.

While utility patents address “any new and useful process, machine, manufacture, or composition of matter . . . ” (e.g., the better mousetrap) and design patents address “any new, original and ornamental design for an article of manufacture . » Read More

Jul 18, 2019

New York City Department of Health Begins Embargoing CBD Food and Beverages

Jul 02, 2019

FDA Emphasizes Its Commitment to “Sound, Science-based Policy” for CBD Products

Under the 2018 Farm Bill, CBD derived from industrial hemp falls outside the Controlled Substances Act, but CBD-infused food and beverages and dietary supplements must still comply with the Food, Drug, and Cosmetic Act and are subject to the authority of the FDA.  » Read More

Jun 27, 2019

The Cannabis Goldrush and the IP Landgrab: Trends in Cannabis Patenting

I was honored to be a panelist at the New York City Bar Association’s event “The Cannabis Goldrush and the IP Landgrab” this week.  The title of my presentation was “Trends in Cannabis Patenting.”  I began with examples of the three types of patent (utility, design, and plant) before moving onto the somewhat related Plant Variety Protection Act. » Read More