On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment decisions relating to cannabis users. More recently, on May 9, 2023, Washington Governor Jay Inslee signed similar legislation relating to initial hiring decisions. Both laws, which will be effective January 1, 2024, are the first of their kind because they require employers to have a basic understanding of a somewhat complicated issue – the science behind cannabis testing.Continue Reading Clearing the Haze: The Method and the Madness Behind the New Cannabis Laws in California and Washington

This 4/20, patent owners with Intellectual Property (“IP”) related to cannabis have one more reason to celebrate as they may be able to enforce their rights against infringers in federal court. IP rights may provide an enforceable protection against copycats and competitors in the market, and may provide significant value to a company’s balance sheet. This was demonstrated when Tilray Brands, Inc. announced its intent to acquire fellow cannabis company Hexo Corp., a Canadian entity with a large patent portfolio related to cannabis, for approximately $56 million. Previously, whether a utility patent related to cannabis could provide such value in the United States was hazy. A first-of-its-kind case in California shows that it may be more than a pipe dream for cannabis patents to bolster a company’s balance sheet. The Court held the illegality doctrine did not bar an infringement claim based on a valid cannabis related utility patent asserted against a cannabis company.Continue Reading California Ruling May Sow Seeds of Cannabis Patent Precedent

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we start overseas, in Germany, where the government unveiled a new plan to allow some marijuana consumption. Back in the US, there are five (count ’em *five*) federal bills dealing with cannabis. Interstate commerce is a hot issue in the Western states. And finally, Carl’s Jr. offers a $4.20 snack sack.Continue Reading The Week in Weed: April 21, 2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, the big news is what didn’t happen – the FDA didn’t propose regulations for the use of CBD in food. And then we have two stories about things that haven’t happened yet, but that some people would like to see happen: interstate cannabis commerce and federal re-scheduling. And finally, what were those hobbits smoking in The Lord of the Rings?Continue Reading The Week in Weed: February 3, 2023

On September 18, 2022, California Governor Gavin Newsom signed AB 2188, which will make it unlawful for California employers to rely on cannabis test results for employment purposes, unless in very narrow circumstances.

By including the law as an amendment to the Fair Employment and Housing Act (FEHA), the new law, which is effective January 1, 2024, essentially makes cannabis users a protected class in California.Continue Reading California Employers See Most Cannabis Testing Go Up in Smoke

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

Nevada legalizes cannabis lounges.  California allows medical marijuana in hospitals.  Could Nebraska legalize medical marijuana in 2022?  And finally, we check in on Clint Eastwood’s continuing fight against bogus CBD advertising.


If you’d like to open a cannabis lounge in
Continue Reading The Week in Weed: October 8, 2021

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

New York adds more members to its cannabis board.  California proposes new marijuana rules.  Cannabis may be on the 2022 ballot in Nebraska.  And finally, veterinarians in Nevada can now prescribe CBD to their patients.

new york

As we reported last
Continue Reading The Week in Weed: September 17, 2021

Seyfarth Synopsis: On June 1, 2021, the California State Senate passed Senate Bill 519 which calls for the legalization for non-commercial use of specific psychedelics. This Bill is the newest among the growing list of legalization efforts of psychedelics, this being a major momentum shift.

In the most recent news of the ongoing modern psychedelic revolution, the California State Senate
Continue Reading California State Senate Passes Psychedelic Legalization In Latest Wave of the New Psychedelic Revolution

Marijuana remains a Schedule I drug under the federal Controlled Substances Act. However, more and more states and localities are either enacting marijuana laws with express employment protections or resolving court cases in favor of marijuana users. Yet, more than a decade ago, the California Supreme Court held in Ross v. RagingWire Telecomm., Inc., that employers have the right
Continue Reading California (Yet Again) Considers Legislation Regulating Employer Consideration of Marijuana Use