A Day 1 recap of the Cannabis Law Institute by The D.C. Bar Blog - #CLI2022

Facing Inconsistent Government Regulation, Cannabis Industry Aims for Doable Reforms - #CLI2022

Original article posted June 14, 2022, by Jeremy Conrad and John Murph, on Duly Noted, The D.C. Bar Blog

With expanded legalization and growing capital, the cannabis industry is projected to reach $33.6 billion in global sales by 2025, but the uneven policy landscape in the United States continues to pose challenges to businesses, communities, and state and local governments.
At the International Cannabis Bar Association’s fifth annual Cannabis Law Institute on June 9–11, attendees discussed the impacts of federal prohibition on the cultivation, sale, and use of marijuana as well as the lack of uniform cannabis regulation in the country. These inconsistent policies put the District of Columbia, for example, in a confusing and sometimes dangerous territory, said D.C. Attorney General Karl Racine, who delivered the keynote address.
Unlike many states, the District cannot have a recreational cannabis marketplace where it can regulate and collect tax, limit toxicity, restrict advertisement from children, and enforce other common sense law practices. “Those kinds of must-haves in a regulatory scheme have been precluded by Congress because [the District] lacks statehood,” Racine said.
In response, ... (Read full article on Duly Noted)

Cannabis Branding: On the Edge of the Metaverse

Photo by julien Tromeur on Unsplash Branding in the Metaverse is all the rage. In the last three months alone, well-known brands like Nike, Converse, New Balance, Vineyard Vines, Tahari, Anthropologie, Hollister, Abercrombie & Fitch, and, even Walmart, have all filed applications with the United States Patent and Trademark Office for intent-to-use trademarks in connection with “digital goods;”# opportunistic filings by individuals not affiliated with name brands have appeared in Classes 9, 35, and 41# for both PRADA and GUCCI; and Metaverse Law, a clever California law firm has been diligently going through the motions in their attempt to trademark the very word on everyone’s lips. But what is Metaverse, and why should you, the owner of the expertly cultivated flower brand, or producer of the most delicately infused edibles care? Metaverse is a virtual world meant to support decentralized, persistent three-dimensional environments, and accessible by anyone with a smart phone, gam

Diversity in the Cannabis Industry - it's more than checking the box

June 30, 2022 12:30-2PM Eastern/11:30AM-1PM Central CICK HERE TO REGISTER Discover what your clients are missing about diversity in the cannabis industry – including how to address issues unique to this industry. You will hear from a diverse panel of cannabis business owners and executives about their experiences and learn tips for keeping your clients on the right side of this issue. Prep for this with this article from Marijuana Business Journal found in The Cannabis NewsHub . We are proud to be content providers and supporters of ABA Moderator: Susan Burns , S Burns Legal PLLC Panelists: Steven Brown , CEO, Nothing But Hemp LLC Angela Dawson , CEO and co-founder, 40 Acres Co-op Amber Littlejohn , Executive Director, Minority Cannabis Business Association Maggie May Wilson , CMO, Fruit Slabs Lici Zimmerman Co-Sponsored by the ABA TIPS Cannabis Committee

DOES NEW YORK HAVE A RESIDENCY REQUIREMENT FOR CANNABIS LICENSEES?

By Andrew Kingsdale (published here with permission) Originally published February 3, 2022 on the blog of the Law Offices of Omar Figueroa Does one have to be a New York resident to own or manage a New York state-licensed cannabis business? No, but the license applicant does need to have a certain nexus to the state. With certain exceptions, non-residents may use a business or other legal entity to satisfy the nexus requirements. We start with definition of an “applicant”under New York’s new cannabis law, the Marijuana Regulation and Taxation Act (MRTA): “Applicant” unless otherwise specified in this chapter, shall mean a person applying for any cannabis, medical cannabis or cannabinoid hemp license or permit issued by the New York state cannabis control board pursuant to this chapter that: has a significant presence in New York state, either individually or by having a principal corporate location in the state; is incorporated or otherwise organized under the laws of this state; o

INCBA Ethics Committee Offers Suggested Model Rule Revision to ABA

This week INCBA’s Professional Responsibility and Ethics Committee commented to the ABA regarding a proposed change to the Model Rules for client due diligence , and committee member Joslin Monahan spoke on behalf of INCBA at an ABA roundtable for the same. INCBA proposed modifying Model Rule 1.2(d) and offered a comment to Rule 1.6 , both designed to promote that cannabis lawyers – and other attorneys dealing with dual sovereignty conflicts – are able to advise and represent their legal cannabis clients, and ensure attorney-client privilege with the same, without fear of discipline merely for assisting their clients in following the law. Quick Links: INCBA Request for Comment Support INCBA Ethics Hotline

INCBA Europe Conference at CB Expo in Zurich 2022 – a great success!

On the weekend of September 10th, INCBA hosted the first ever Conference for Cannabis Lawyers in Europe at the CB Expo. Over the course of two days, seventeen attorneys from Europe and the US presented seven sessions on the main legal issues facing the European cannabis market. Topics included the principle of free movement of hemp and cannabis products within the EU, the legal classification of CBD products as food or cosmetics, contractual aspects of importing cannabis products into the EU, the legal hurdles in the legalization of recreational cannabis, and much more. The active and participatory audience included both lawyers as well as interested entrepreneurs who could take away valuable insights for their businesses. In addition to the unparalleled education, there was plenty of networking to be found, including the social reception at Cannavigia sponsored by INCBA on the eve of the conference, at the after-party of the conference itself, or at the closing dinner with INCBA Lea

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