Category: Uncategorized
Another Trademark Setback for CBD Products
Friends,The Trademark Trial and Appeal Board (the “TTAB”) affirmed this month a decision by the United States Patent Trademark Office (“USPTO”) denying cannabis brands, specifically products containing CBD, from getting trademark protection for dietary supplements. The case began with a March 18, 2015, trademark filing for “CW” by the Colorado-based cannabis company Stanley Brother Social […]
July 3, 2020
New Rights to Trademark Generic Brands
Friends,On Monday, the Supreme Court issued an opinion that drastically changes the landscape of trademark law. Businesses use trademarks to protect a brand from being confusingly similar to other brands. Strong trademarks also encourage consumers to trust certain trademarks over others. For instance, reportedly 65% of single men buy Tide detergent because that was the […]
July 2, 2020
Amendments to Statewide Cannabis Social Equity Program
Last week, the Colorado legislature took another step in dealing with some of the consequences brought about by the numerous cannabis-related arrests and convictions during the war on drugs. House Bill 20-142, Social Equity Licensees in Regulated Marijuana, amends the current state-wide cannabis Social Equity Program in Colorado by expanding eligibility for the program to […]
July 1, 2020
LA Expansion of Social Equity Licenses
Friends, Los Angeles’s Department of Cannabis Regulation proposed significant changes to its cannabis business licensing rules and social equity program. On June 24th, 2020 the City of LA Rules Committee approved the recommendations from the Department of Cannabis Regulation which seek to: Allow the issuance of conditional Temporary Approval to Phase 3 Applicants. Allow businesses […]
June 30, 2020
THE TAXMAN IS COMING
Two recent government audits, one from the IRS, the other from the Denver auditor, highlight the continuing tax troubles facing cannabis businesses. The IRS’s report, titled “The Growth of the marijuana Industry Warrants Increased Tax Compliance Efforts and Additional Guidance,” (“TIGTA”) issued on March 30, 2020, and the Denver auditor’s report, issued in April 2020, […]
June 19, 2020
MED Issues New COVID Emergency Rules
Friends, Last Friday, the MED issued another set of emergency rules for marijuana licensees regarding the COVID-19 pandemic. These rules largely continue existing COVID-19 rule provisions, but make some additional changes. Notably: Licensees are still required to follow all executive and public health orders, failure to do so is a license violation affecting public safety. […]
June 11, 2020
Industrial Hemp Products and Marijuana Licenses
Friends, The MED issued a compliance tip for hemp producers and marijuana licensees that explains how to sell, manufacture, and test industrial hemp products in Colorado’s regulated marijuana marketplace. Both retail and medical marijuana stores can now sell industrial hemp products. MED and Colorado Department of Public Health and Environment (“CDPHE”) regulations govern what hemp […]
June 8, 2020
No More Residency Requirements for MED Badges
Dear Friends, In the litany of changes that have hit our lives over the last three months, we at McAllister Garfield want to highlight a small but significant positive change coming to the marijuana industry in Colorado. On March 24th, 2020, Governor Polis signed into law House Bill 20-1080. Under current law, all managers and […]
June 5, 2020
MED CLARIFIES MODIFICATIONS FOR CURBSIDE SERVICES
Friends, Today, in response to inquiries regarding Industry-Wide Bulletin 20-03, the MED clarified what it means by temporary modifications to licensed premises to allow medical and retail stores to provide curbside services: Medical and Retail Marijuana Stores seeking to provide “curbside” service pursuant to the Emergency Rules, but at a location that creates limitations for […]
March 25, 2020
Denver Retail Marijuana Will Remain Open
Friends, Denver Mayor Hancock issued an order today that requires Denver residents to “shelter in place” to help slow the spread of COVID-19. The order also requires all Denver businesses other than “Essential Businesses” to cease operations immediately. Luckily, after hearing concerns from the industry and others, the mayor clarified his initial order to make […]
March 23, 2020