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

Unlike other states, such as Colorado, California, and even Maryland, here in New Jersey, our laws concerning the advertising and marketing of cannabis products are sparse.

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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

Owners and operators of a company (whether organized as a corporation or a limited liability company (LLC)) involved in the cannabis industry must remember that the company is also a business that is a separate legal entity.

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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

As discussed in our prior blog, on July 22, 2019, the Food and Drug Administration (FDA) issued a Warning Letter to Curaleaf, Inc., in connection with its marketing of certain CBD products. The following day, Curaleaf issued a statement asserting that it was committed to compliance.» Read More

Yesterday, the FDA issued another Warning Letter in connection with the sale of CBD products, this time to well-known cannabis purveyor Curaleaf, Inc. (which operates one of our six medical dispensaries here in New Jersey and operates four dispensaries in New York). » Read More

As of July 1, 2019, the New York City Department of Health (DOH) started embargoing cannabidiol (CBD) food and beverage products. The DOH is basing this enforcement policy on the U.S. Food and Drug Administration’s (FDA) current position that it is unlawful to add CBD to food or beverages.» Read More

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

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