Tag Archives: CANNABIS

Mixed Results for Employers on Marijuana – Two Federal Courts Refuse to Find State Marijuana Laws Preempted by Federal Law

Two recent federal cases illustrate why employers – even federal contractors – must be cognizant of relevant state-law pronouncements regarding the use of marijuana (i.e., cannabis) by employees. While one case found in favor of the employer, and the other in favor of the employee, these decisions have emphasized that state law protections for users of medical marijuana are not preempted by federal laws such as the Drug-Free Workplace Act (DFWA). Employers must craft a thoughtful and considered approach to marijuana in the workplace, and in most cases should not take a zero-tolerance approach to marijuana.

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Can I Bring Cannabis from Canada Home?

Cannabis has been legalized in Canada as of October 17, 2018. What does this mean for employers with employees traveling to and from Canada? Can travelers from Canada to the United States with legally purchased cannabis simply drive to a state where recreational or medical use of cannabis is legal? The bottom line: Employers should remind employees that they cannot cross into the United States with Canadian cannabis under any circumstances.

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CANNABIS AND CANADA

Recreational cannabis became legal in Canada under the Canadian Cannabis Act on October 17, 2018 and sales have begun. Prior thereto, only medical marijuana was available in Canada.

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Can Inventions Related to Cannabis be Protected?

 

 

 

 

 

 

 

 

 

Suppose that you want to obtain a patent for an invention related to your cannabis business.  What if the invention is a device for extracting oils, an ornamental design for a new vaporizer, or a new breed of cannabis plant?  Should you attempt to patent your invention with the U.S. Patent and Trademark Office?  Can you obtain a patent from the U.S. Patent and Trademark Office?  The answer is YES! if the invention meets certain conditions for patentability.

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ILN Today Post

Event provides overview of marijuana regulations

Several leaders in the Michigan cannabis industry spoke to a crowd of dozens Oct. 12 in Birmingham to provide an update on the latest in statewide regulations. Dec. 15 is the date set by Michigan’s Department of Licensing and Regulatory Affairs to begin accepting applications for licenses in five areas of the marijuana sector. They are for growers, dispensaries, transporters, testers and processors.

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Can Trademarks Related to Cannabis be Protected?

Suppose that you want to federally register a trademark that identifies a source of goods or services related to your cannabis business.  What if the trademark covers merchandise indirectly related to cannabis or products directly related to the use of cannabis?  Should you attempt to register your trademark with the U.S. Patent and Trademark Office?  Can you obtain a registration from the U.S. Patent and Trademark Office?  The answer is it depends on the cannabis related goods and services.

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