August 18, 2019
 

georgia hemp cannabis

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA. This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp.

In light of these legislative changes, we are presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (“Hemp-CBD”). Each Sunday we will summarize a new state in alphabetical order. So far, we have covered Alabama,  AlaskaArizonaArkansasCaliforniaColoradoConnecticutDelaware, and Florida. This week, we look at the Peach State.

Earlier this year, Georgia jumped on the hemp bandwagon by enacting HB 213, which legalized the commercial production of hemp and hemp products in the state. Under the new law, which is codified in O.C.G.A. § 2-23-1 et seq., only growers and processors licensed by the Georgia Department of Agriculture (“GDA”) will be permitted to grow and process hemp in the state. Note that licenses will not be issued by the GDA until final rules and regulations are in place. The GDA’s process of drafting rules and regulations began in July with the agency released proposed rules that are now open for public comments.

The proposed rules provide that licensees shall comply with specific testing, storage, recordkeeping and transportation requirements. For example, in Georgia, no licensed grower or processor may transport hemp without a hemp transportation permit issued by the GDA. Hemp may only be transported to permittees or to storage facilities owned by the licensees and listed on the licensee’s approved license application.

The proposed rules also address the manufacture of hemp products. Hemp product means “all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration.” (Emphasis added).

Although the manufacture and sale of Hemp-CBD food is expressly prohibited – and reiterated in a May 10 press release issued by the GDA – the manufacture and sale of other Hemp-CBD products, such as smokables and cosmetics, is not clearly authorized nor restricted. However, the GDA’s proposed rules provide that “[n]othing in these Rules shall be construed as authorizing any person to violate any Federal law or regulation” and requires that licensed processors comply with the federal Food, Drug and Cosmetic Act and other rules and regulations related to product manufacturing, consumer safety and public health.

As this summary reveals, the proposed rules address the fundamental issues that surround the production of hemp but are vague on the manufacture and sale of Hemp-CBD products, with the exception of food. As the public comment period evolves, it will be interesting to see whether the GDA clarifies this issue and whether other state agencies, such as the Georgia Department of Health, provide additional guidelines on the production of these products.


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george scorsis

August 16, 2019
 

Missouri is giving businesses that want to run medical cannabis facilities more time to file applications. The state’s Department of Health and Senior Services extended the deadline until 4:30 p.m. Monday. The deadline was scheduled to end Saturday. Director Randall Williams said in a statement that the agency learned during the early days of accepting

Missouri extends medical marijuana license application timeline is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs


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George Scorsis

August 16, 2019
 

A law was introduced in the Barbados House of Assembly to establish the legal foundation for a local medical marijuana industry. If the law is adopted, Barbados will join other Caribbean countries Jamaica, St. Vincent and the Grenadines as well as Antigua and Barbuda in approving cannabis cultivation. A law is also in the works in Saint Kitts and Nevis. The

Barbados latest Caribbean country to propose sweeping medical cannabis law is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs


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George Scorsis

August 15, 2019
 

A Fairbanks dispensary is moving closer to becoming the first in the city where on-site consumption of cannabis is permitted. The Fairbanks City Council voted unanimously on a measure that allows consumption at The Fairbanks Cut, once it gets a certificate of occupancy, according to the Daily News-Miner. It can take several weeks to a

Fairbanks, Alaska, approves first marijuana consumption site in city is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs


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George Scorsis Liberty Health Sciences

August 15, 2019
 

California’s marijuana market is poised for huge growth after a $500 million drop in legal sales in 2018, according to a wide-ranging report released Thursday. Key takeaways from the report released by Boulder-based BDS Analytics include: Legal marijuana sales slid to $2.5 billion in 2018 from roughly $3 billion in 2017 amid the transition to

Report: California cannabis market poised for growth is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs


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George Scorsis

August 15, 2019
 
Sundial Growers Inc (NASDAQ:SNDL) Generates $19.3 Revenue in Q2
Sundial Growers Inc (NASDAQ: SNDL) CEO Torsten Kuenzlen joins Midas Letter to discuss the company’s Q2 financial report, the associated company revenues, and its footprint within the cannabis industry. This is Sundial’s inaugural quarterly earnings release as a public company following its listing on the NASDAQ stock exchange on August 1, 2019. The CEO states that “with over $20 million in gross revenue, that places us among the larger players.” Mr. Kuenzlen is working hard to grow the company to compete with the larger players starting with the completion of its initial public offering and the recent Bridge Farm acquisition subsequent to the second quarter. Bridge Farm is a producer of ornamental plants, flowers and herbs in the United Kingdom. This international acquisition allows Sundial access to marketshare in Europe. Sundial are concentrating on three areas internationally in which they call “Heal, Health and Play”; Heal: operating within the medical cannabis space, Health: the global health and wellness CBD opportunity, and Play: the company’s recreational adult-use product-line. Watch the full interview to hear everything the Sundial CEO has to say about the company’s financials and the latest company developments. ************************ Check out our website: https://midasletter.com ************************ SUBSCRIBE to our YouTube: http://bit.ly/MidasLetterYoutube SUBSCRIBE to our 2nd YouTube Channel - Midas Letter Clips: https://bit.ly/2rtQzgy SUBSCRIBE to our Newsletter: http://bit.ly/MidasLetterNewsletter Download Our Podcast on iTunes: http://bit.ly/MidasLetterPodcast ************************ Follow Us on Twitter: http://bit.ly/MidasLetterTwitter Like Us on Instagram: http://bit.ly/MidasLetterInsta Like Us on Facebook: http://bit.ly/MidasLetterFacebook ************************ #WeedStocks #MidasLetter

george scorsis

August 15, 2019
 

Arizona-based Harvest Health & Recreation, a major multistate operator, reported revenue of $26.6 million for the second quarter, a 153% jump from the $10.5 million booked in the same period last year. Net loss for the second quarter, ending June 30, totaled $20.6 million compared with net income of $2.83 million for the same period

Harvest Health & Recreation reports improved marijuana revenue, net quarter loss is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs


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addiitional information, George Scorsis

August 15, 2019
 
Cannabis News August 15th - Canopy Growth, Truelieve, Harvest, Aurora & more
************************ Check out our website: https://midasletter.com ************************ SUBSCRIBE to our YouTube: http://bit.ly/MidasLetterYoutube SUBSCRIBE to our 2nd YouTube Channel - Midas Letter Clips: https://bit.ly/2rtQzgy SUBSCRIBE to our Newsletter: http://bit.ly/MidasLetterNewsletter Download Our Podcast on iTunes: http://bit.ly/MidasLetterPodcast ************************ Follow Us on Twitter: http://bit.ly/MidasLetterTwitter Like Us on Instagram: http://bit.ly/MidasLetterInsta Like Us on Facebook: http://bit.ly/MidasLetterFacebook ************************ #WeedStocks #MidasLetter

more info, George Scorsis

August 15, 2019
 

 

cannabis patent litigation claim construction

 

In following the progress of the first-ever cannabis patent litigation case, United Cannabis Corporation v. Pure Hemp Collective, Inc., the parties are now in a special phase of patent litigation called “claim construction.” Claim construction is specific to patent cases, and it’s the process of deciding what the various terms of the asserted patent claims actually mean. Claim construction is generally where most cases are decided.

The process begins when the parties actually go through the claims and propose their definitions to each other. Typically, the parties will end up agreeing on a lot of the terms so that the Court only has to decide a few things (which the Court usually appreciates). Then, the parties will prepare briefs and advocate their own meanings at a hearing. That hearing is called a “Markman hearing” (after the Supreme Court case that created this process), and it usually requires each side to present experts, scientists, demonstratives, and technological tutorials to ascertain the appropriate meaning of relevant key words used in the patent claim. Although Markman hearings can occur at different times in different cases, they generally occur during discovery and well in advance of trial.

Here, the parties dispute just two terms: “cannabinoids” and “infused in a medium chain triglyceride (MCT).” Let’s discuss the parties’ arguments concerning “cannabinoids”:

The patent claim includes the phrase, “at least 95% of total cannabinoids,” and Pure Hemp argues that “cannabinoids” should be interpreted as cannabinoid content – a term to describe different amounts of cannabinoids, and to describe how to calculate cannabinoid content as a percentage. On the other hand, UCANN argues that “cannabinoids” should simply be construed as “more than one cannabinoid.” This is a small, technical, but really important distinction to make because Pure Hemp’s proposed interpretation would really limit what UCANN is attempting to claim as its own.

After the parties present their interpretations, the Court will decide how to construe the patent claims at issue by undertaking the following process:

  1. Read the claims at issue.
  2. Read the “written description” of the patent specification, and any drawings if they exist.
  3. Consider which terms of the claim are at issue or in dispute as to its meaning.
  4. Read the other claims in the patent to obtain a holistic understanding.
  5. Read the prosecution history if it exists.
  6. Consider any other objective evidence of the meaning of claim language that is available – specification, prosecution history, ordinary/dictionary meaning, evidence that a specific term means something different to a person having ordinary skill in the art (“POSITA”).
  7. Understand the invention that is described in the specification.
  8. Determine what the claims objectively disclose to the POSITA as to what the inventor actually claimed (whether or not that objective meaning corresponds to the invention that was just determined to be disclosed in the specification and without regard to how that objective meaning will affect validity or infringement).

For each term, the judge can adopt either party’s definition or neither party’s definition. Regardless, once the Markman opinion issues, it’s often clear whether the patent is valid and if the defendant is liable for infringement.

In our case, the parties jointly requested a Markman hearing in mid-June. On July 15, 2019, the Court issued an order denying their request, and indicated: “Having reviewed the claim construction briefs, the Court finds that no evidentiary hearing is necessary to resolve the parties’ disputes … the Court will resolve the claim construction dispute in due course.” We’ll continue to monitor the docket and provide an update on how the Court rules as soon as we can. Previous updates on this case can be found here, here, here, and here.


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George Scorsis Liberty Health Sciences

August 15, 2019
 

When Nicole Elliott was appointed senior adviser on cannabis in California Gov. Gavin Newsom's Office of Business and Economic Development in February, many in the state's marijuana industry cheered.

‘Long process that is nowhere near perfect’: Q&A with California cannabis czar Nicole Elliott is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs


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George Scorsis Aphria