CCC Draft Medical Regulations Released

Last week, the CCC released two new sets of draft medical marijuana regulations so that final regulations can be promulgated in enough time for it to take over the Commonwealth’s Medical Marijuana Program by the end of the year.

The CCC released a draft of 935 CMR 501, which it calls a “lift and replace” of the existing Department of Public Health medical marijuana regulations.… More

Crimson Galeria v. Healthy Pharms: update in commercial cannabis lawsuit

A recent decision in a closely-watched commercial cannabis case opens the possibility for increased commercial activity in the nascent recreational cannabis market in Massachusetts.  On August 21, Judge Burroughs of the U.S. District Court for the District of Massachusetts issued a memorandum and order on motions to dismiss in Crimson Galeria Limited Partnership, et al. v. Healthy Pharms, Inc., et al, granting a victory for the named government defendants (Massachusetts Department of Public Health,… More

Cannabis Business Times Discusses Adult-Use Licenses with Attorney Jesse Alderman

Attorney Jesse Alderman speaks to Cannabis Business Times about municipalities’ Host Community Agreements and offers tips on scoring an adult-use license.

“The cities and towns hold so much power in deciding when and to whom to give these Host Community Agreements,” he says. “The whole ballgame is at the municipal level in Massachusetts as I see it.”

Click here to read the full article.… More

Enforcing Federal Cannabis Laws: Summer 2018 Update

With July 1st in the rear-view mirror and provisional licenses spreading throughout the Commonwealth, we thought now would be a good time for an update on the status of federal law enforcement’s unenviable task of enforcing the federal prohibition against marijuana in a state that has decriminalized the drug.  First a quick history lesson: recall that in 2013, the Obama administration released the Cole memorandum, a document meant to provide guidance to federal law enforcement in those state jurisdictions that had decriminalized marijuana. … More

Partner Kevin Conroy Featured in Banker & Tradesman In Person

Banker & Tradesman interviewed partner Kevin Conroy about the relationship between financial institutions and the marijuana industry. Click here to read on Scribd.

Reprinted with permission from July 23, 2018

Cannabis Control Commission Update: Retail Licenses

Although the Massachusetts Cannabis Control Commission has begun awarding provisional, adult-use licenses to some entities in the Commonwealth as of July 1, only one retail license has been awarded and, to date, no retail stores have yet opened for business.  One large impediment to opening retail stores is the statutory requirement that all cannabis sold in the Commonwealth for adult use be tested by an independent testing laboratory, which itself must be licensed as such by the Commission. … More

How to Protect Your Trademarks When You Can’t Protect Your Trademarks

This article was published first in Cannabis Industry Journal

While the USPTO might not register your trademark, there are still some tools available to protect your intellectual property.

Federal trademark registrations are invaluable tools for emerging businesses. They put the world on notice of a company’s name; they can secure nationwide priority over others using similar names; they distinguish a product in the marketplace;… More

U.S. Senate Votes to Legalize Hemp

The United States Senate voted last week to legalize hemp as part of a provision of the omnibus Farm Bill.  If signed into law, the measure would legalize the plant for growth and production across the country.  Senate Majority Leader Mitch McConnell (R-KY) noted in support of passage that “consumers across America buy hundreds of millions in retail products every year that contain hemp, but due to outdated federal regulations that do not sufficiently distinguish this industrial crop from its illicit cousin,… More

Adult Use Cannabis is Coming to Massachusetts Very Soon

Pursuant to the legislature’s direction, the Cannabis Control Commission can start issuing adult use licenses after June 1 and the Commission has indicated that they will start issuing licenses soon.

We expect that a handful of previously medical-only cannabis dispensaries that are awarded adult use licenses will be dispensing both adult use and medical cannabis on July 1 or shortly thereafter.  The lines will be very long.  … More

Can We Give State Cannabis Trademarks Some Teeth While Waiting for a Federal Solution?

Cannabis trademarks. By now, most IP lawyers know two things about them.

First, even though cannabis is legal in an increasing number of states (9 allow recreational use; 29 allow medical use), the United States Patent and Trademark Office (USPTO) is refusing applications to federally register cannabis trademarks, no matter the home state of the applicant, until the substance gets reclassified by or removed from the Controlled Substances Act (which doesn’t seem to be on the immediate horizon).… More