Cannabis Case Summaries

industrial hemp importWe get a ton of questions about whether it’s legal to import hemp into the U.S. It’s a complicated question without a clear answer. We do know that the Drug Enforcement Administration has confirmed that the importation of cannabis plant material that falls outside of the Controlled Substance Act’s definition of “marihuana” (e.g., the mature

california cannabis delivery lawsuitAs expected (and as we’ve written about here), California cities have joined forces to fight the State’s regulation allowing delivery of cannabis in every jurisdiction. Here is a copy of the complaint.

The lawsuit was filed in Fresno County Superior Court against the California Bureau of Cannabis Control and its chief, Lori Ajax. The

rico cannabis litigation

Last week the federal district court in Oregon dismissed with prejudice the plaintiffs’ amended complaint in Ainsworth v. Owenby, Case 6:17-cv-1935. As you may recall, this is one of several cases tracked by this blog in which a group of residential property owners displeased with alleged deleterious effects of a marijuana production or processing

cannabis patent litigation
Did UCANN really get USTPO coverage for prior art?

About six months ago, we posted news of the first ever cannabis patent infringement case.  As a reminder, the case was initiated by United Cannabis Corporation (“UCANN”) in the United States District Court, District of Colorado against its in-state competitor, Pure

supreme court 8th amendment forfeiture cannabis

The United States Supreme Court issued a unanimous ruling on Wednesday in the case of Timbs v. Indiana, incorporating the Eighth Amendment’s Excessive Fines Clause against the states through the Due Process Clause of the Fourteenth Amendment. As we have written about, the case involves the forfeiture of petitioner’s Land Rover as punishment for

cannabis trademark infringementAs ardent followers of this blog are well aware, one of my favorite pastimes is keeping tabs on who is suing whom in the cannabis industry for trademark infringement. These lawsuits serve as great examples for my clients of what NOT to do when choosing a brand for their company. The last couple of years

sonoma county cannabis RICOFor a while, criminal conspiracy lawsuits against cannabis operations looked like a potentially promising strategy for cannabis prohibitionists to try and use litigation to reverse the trend of legalization. The idea is to use the Racketeer Influenced and Corrupt Organizations Act (“RICO”), a federal statute intended to combat organized crime–and which allows private rights of