California Cannabis Claims: Unfair Competition

Welcome to the final post in our litigation series on California cannabis claims. For our last post, we’ll be touching on California’s Unfair Competition Law.

Introduction

California’s “Unfair Competition Law,” also known as the Unfair Competition Act, Unfair Business Practices Act, or the Unfair Practices Act, is codified at Business & Professions Code § 17200, et seq. As its name suggests, it generally prohibits “any unlawful, unfair or fraudulent business act or practice.” If this seems a little ambiguous or vague, that’s exactly the point – it’s purposefully written in “sweeping language” to prevent “anything that can properly be called a business practice and that at the same time is forbidden by law.”

Statute of Limitations

An Unfair Competition Law (“UCL”) claim must be initiated within four years.

Elements of an Unfair Competition Claim

There are five elements to any UCL claim:

Proper Parties. Any person may sue or be sued under the UCL – that includes corporations, partnerships, associations, or other organizations of people. Parties may sue only if, as a result of the unfair competition they claim, they have (1) suffered injury in fact, and (2) lost money or property. “Injury in fact” requires an actual, legally

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Are Canadians Drinking Less as Weed Gets Easier to Buy? It’s Starting to Look That Way

Over time, Jonathan Habel’s drinking got heavier — along with his uneasiness about it.

“My dad, and my grandfather, always got home from work and as soon as they got inside would just grab a beer and another,” the 39-year-old Gatineau., Que. man remembers. “I kind of took the same habit that they had.”

“As time passed I drank a little more, a little more often. It became a habit, and it was just my way of winding down after work every night. I could feel that it wasn’t doing me any good, even though it kind of relaxed me. It never really was a healthy option.”

– Read the entire article at Global News.

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5 Delicious Ways To Consume CBD Oil

CBD oil can treat a wide variety of ailments and give you a dose of relaxation. Here are 5 creative (and tasty) ways to consume it.

Thanks to a booming CBD market, nowadays it’s not necessary to settle with boring oils and tinctures that have weird flavors. There’s plenty of products that feature CBD in new and inventive ways, and there’s also hundreds of recipes that will allow you to get creative and prepare your own CBD snack.

Although there’s only a small amount of studies conducted on CBD, the compound has demonstrated some benefits in treating inflammation, anxiety, pain, and more. If you’re interested in giving CBD a shot, here are a few snacks you can buy or prepare:

– Read the entire article at The Fresh Toast.

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Mcmaster Researchers Find Cannabis Has Antibiotic Potential

‘We were motivated obviously by the excitement around cannabis for medical use,’ study lead Eric Brown said.

Researchers from McMaster University have discovered that a chemical compound in cannabis could be used to treat a highly resistant superbug.

Microbiologist Eric Brown and his team found that mice infected with methicillin-resistant Staphylococcus aureus (MRSA), one of the most common and deadly bacteria, could be nursed back to health with a non-psychoactive element of cannabis known as cannabigerol (CBG).

– Read the entire article at CBC News.

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NY Marijuana Czar Continues Push For Legal Weed: It’s ‘The Right Thing To Do’

New York is determined to become the next state to legalize recreational weed; the state has even appointed its own marijuana czar to make it happen.

That would be Norman Birenbaum, who was hired to head up New York’s newly formed office of cannabis programs back in December. Birenbaum came to the job from Rhode Island, where he helped shepherd the state’s medical marijuana program. 

His appointment in December was a signal that New York Governor Andrew Cuomo intended to resume his drive toward legalization, which fizzled out last year. 

“This is the right thing to do for public health and public safety,” Birenbaum said in an interview this week with USA Today Network New York. 

“The reality of the situation is we have adult-use cannabis today,” he said. “The problem is it’s not regulated, and it is provided through the illicit market.”

Legalization In The Empire State?

In his state of the state address last month, Cuomo once again called on New York to “work with our neighbors New Jersey, Connecticut, and Pennsylvania, to coordinate a safe and fair system and let’s legalize adult use of marijuana,” while also proposing “the first of its kind global cannabis and hemp

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Philadelphia Flower Show to Spotlight Medical Marijuana

For the first time ever, cannabis will be the theme of some exhibits at the prestigious Philadelphia Flower Show, which opens this weekend at the Pennsylvania Convention Center. Three of the show’s exhibits will feature cannabis, although no cannabis plants or products will be on display.

The Philadelphia Flower Show is the nation’s largest and longest-running horticultural event, begun in 1829 by the Philadelphia Horticultural Society. Held annually, the show features displays by the world’s leading floral and landscape designers.

However, until this year, cannabis has been taboo. An exhibit planned in 2016 was canceled at the last minute over what has been described as a misunderstanding. But with medical marijuana legal in Pennsylvania since 2018 and lawmakers now considering the legalization of recreational pot, things have changed. Last year, the horticultural society reached out to the cannabis marketing agency Chronic for advice on integrating marijuana into the show.

As a result, this year’s show will feature ‘The Greenroom,’ an educational display offering information about the medical marijuana programs in Pennsylvania and the neighboring states of New York, New Jersey, and Maryland. Two of the exhibit’s sponsors, dispensary chain Keystone Shops and cultivator Prime Wellness, also have their own exhibits

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Malawi Legalises Cannabis Amid Hopes of Fresh Economic Growth

Law change hailed by supporters as chance for country to benefit from rising global demand for medicinal cannabis products.

Malawi has passed a bill decriminalising cannabis for medicinal and industrial purposes, almost five years after a motion to legalise industrial hemp was adopted.

The country follows in the footsteps of Zimbabwe, Zambia and Lesotho, neighbouring south-east African states that have legalised medicinal cannabis, as well as South Africa, where medicinal and recreational use was decriminalised in 2018.

“Today is a very glorious day for me personally and, I think, for the entire nation,” said Boniface Kadzamira, the former MP who tabled the topic in 2015, following the successful passage of the bill on Thursday.

– Read the entire article at The Guardian.

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Colorado Cannabis Company to Study Cannabinoids’ Effect on Alzheimer’s Disease

One company in Colorado is aiming to become the first to examine the effects of marijuana on Alzheimer’s disease.

The Denver Post reported that MedPharm Holdings intends to apply for a research and development license “to test delta-9 tetrahydrocannabinol (THC), cannabidiol (CBD) and other cannabinoids’ effects on Alzheimer’s and dementia patients.” 

Albert Gutierrez, CEO of the Denver-based MedPharm, told the newspaper that research on cannabis’ ability to treat Alzheimer’s is a largely unexplored front.

“We haven’t yet tapped into what this plant can really do to help alleviate the symptoms,” Gutierrez told the Denver Post. “We hear a lot of anecdotal evidence as far as helping with epilepsy or helping with arthritic pain… now it’s time to put the cannabinoids to the test and really understand what cannabinoids and what doses and what delivery methods really help deliver that relief.”

According to the Post, Colorado lawmakers introduced research and development licensing “in 2017 with the passage of House Bill 1367, but left it up to municipalities to individually decide if they would offer it. So far only one company — MedPharm — has ever applied for an R&D license, according to the Marijuana Enforcement Division.”

Cannabis Use and Seniors

Cannabis

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Utah’s First Medical Cannabis Dispensary Expected to Open Monday

With Utah’s first medical marijuana dispensary set to open its doors, state lawmakers scrambled to approve adjustments to the cannabis law. 

State house representatives greenlit a bill Thursday that had received senate approval only a few days prior, with the aim of getting the legislation on Republican Gov. Gary Herbert’s desk by week’s end. According to Deseret News, Herbert is expected to give the bill his signature on Friday—just before the state’s first dispensary begins operations.

The Deseret News reported that the bill allows “the state to conduct initial product testing to give the private sector time to gauge supply and demand, the bill raises patient caps for doctors, clarifies that private employers don’t need to allow marijuana use and requires the raw marijuana flower to be packaged in sealed containers with a 60-day expiration date, among other provisions.” 

MMJ’s Slow Progress in Utah

Voters in Utah approved a referendum legalizing medical marijuana in 2018, making it the 33rd state to do so.

But the lead-up to the program’s March launch has been marked by delays and controversies. After voters approved the measure 53 percent to 47 percent, Utah legislators immediately began work on a compromise bill to overwrite the

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California Cannabis Appellations: Proposed Regulations Are Here!

On February 20, 2020, the California Department of Food and Agriculture (CDFA) released its proposed regulations for the Cannabis Appellations Program, something that many cultivators have been anticipating since the inception of the Medicinal and Adult Use Regulation and Safety Act (MAUCRSA).

We’ve written about appellations and their applicability to cannabis before, but a quick refresher is warranted. For the uninitiated, an appellation is a geographical name (as of a region, village, or vineyard) under which a winegrower is authorized to identify and market wine. But appellations are used for more than just wine. In France, for example, the Appellation d’Origine Contrôlée (AOC) is a certification given to certain French geographical indications for wine, cheese, butter and other agricultural products.

Certifying the geographical origin of certain products stems from the concept of terroir, which is the set of environmental factors that affect a crop’s unique flavor, aroma and other characteristics. Some great examples of this are Champagne, which is produced from the Champagne region grape grown on specific parcels in the Champagne appellation, and Camembert cheese, which is protected by a designation of origin that requires production in Normandy. Tequila and Mezcal also must come from a particular region. Consumers are becoming

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