U.S. District Court Dismisses TCPA Lawsuit Against Eaze, Upholding The Ability Of Legal Cannabis Industry To Enter Binding Contracts

eaze

Ruling sets important precedent for both California’s legal cannabis market and legal cannabis industry in America

CALIFORNIA: Eaze Technologies, Inc. today announced that it obtained a complete dismissal of Williams v. Eaze, Inc., a putative nationwide class action lawsuit brought under the Telephone Consumer Protection Act (“TCPA”), by successfully enforcing the arbitration agreement in its Terms of Service.

In her lawsuit, Plaintiff Farrah Williams, attempted to circumvent the arbitration agreement in Eaze’s Terms of Service by arguing that cannabis contracts cannot be “formed” because cannabis is illegal under federal law. The court rejected this claim, thus preserving the ability of cannabis businesses, operating where cannabis is legal under state law, to enter into and enforce basic contracts with customers, individuals, and other businesses.

“This ruling is enormously important for the entire industry, as contracts across California and nationally could have been invalidated had the court found for the Plaintiff,” said Andrea Lobato, Chief Risk Officer at Eaze. “We are pleased to have successfully defended the basic right of legal cannabis companies to enter into contracts.”

After substantial briefing and argument led by Boies Schiller Flexner partners, Albert Giang and Michael Roth, the district court concluded that a proper contract had been formed, delegated other disputes to the arbitrator, and dismissed Plaintiff’s nationwide class action. Specifically, while noting that the case raises interesting issues about “ganjapreneurship,” the Court concluded that Eaze’s business “is legal under California state law” and arbitration was required under the Federal Arbitration Act (“FAA”).

“The court correctly found that cannabis companies are not barred from forming and enforcing basic contracts, and that Eaze’s business is legal under California state law,” said Giang. This ruling sets an important precedent for California’s legal cannabis market, and more broadly for the legal cannabis industry in America.

 

WSLCB Approves Jan. 1, 2020 Date For All Marijuana Products, Packaging & Labeling

WASHINGTON: On December 12, 2018, the Board adopted interim packaging and labeling policies. These policies will remain in effect until adoption of rules to implement them. It is anticipated that once adopted, all changes will be enforced January 1, 2020, giving licensees approximately one year to prepare for the new rules by selling out existing product and updating their packaging and labeling to meet new requirements.

Approved Colors, Shapes and Other Allowances

Clarifying “False and Misleading” Language

Other Resources

Washington State Legal Cannabis By The Numbers: February 1, 2018 – May 17, 2018

WASHINGTON: The below statistics cover activity in Leaf Data Systems for the time period between February 1, 2018 and May 17, 2018.

Leaf Data Systems 5/17/18

Leaf Data Systems 5/17/18

 

 

OLCC Issues Marijuana Product Recall For Pesticide Laden Blue Magoo

OREGON:  The Oregon Liquor Control Commission is issuing an immediate health and safety advisory due to the identification of potentially unsafe pesticide residue on retail plant material produced from marijuana cultivated by Emerald Wave Estate, LLC.

The affected marijuana failed a pesticide test for pyrethrins exceeding the Oregon Health Authority action level for this class of pesticide.

Affected products include marijuana flower; the retailer that sold the product has issued a voluntary recall. The marijuana flower was sold at Buds 4 U LLC located at 10692 Highway 126, Suite 4, Mapleton, Oregon.

A wholesaler transferred the product to the retailer before the pesticide results were recorded in the OLCC Cannabis Tracking System (CTS). Buds 4 U sold 82.5 grams to 31 customers between March 8 and March 10, 2017. The retailer noticed the failed pesticide results in the CTS on March 10, 2017 and immediately contacted the OLCC.

The affected marijuana should bear a label that includes one of the following OLCC License numbers:

  • 050-1002850B56E
  • 060-100301304FE
  • 050-1002850B56E

and any of the following package numbers:

  • 1A4010300005B05000000772 – product name: Blue Magoo
  • 1A4010300005B05000000769 – product name: Blue Magoo
  • 1A4010300005911000000005 – product name: Blue Magoo

The remainder of the affected nine pound batch of marijuana flower has been placed on administrative hold, meaning it cannot be lawfully transferred, pending the outcome of an additional pesticide retest. Consumers who have these recalled products should dispose of the products or return them to the retailer where they were purchased.

There have been no reports of illness. The possible health impact of consuming marijuana products with unapproved pesticide residues is unknown. Short and long-term health impacts may exist depending on the specific product, duration, frequency, level of exposure, and route of exposure. Consumers with concerns about their personal health should contact their physician with related questions.

Consumers with questions or concerns about recalled product or pesticide residues in marijuana products are encouraged to contact the product retailer and/or the Oregon Poison Center at 800-222- 1222.

Pet Releaf Introduces Two New All-Natural CBD Products for Dogs

COLORADO: Pet Releaf, an all-natural pet products company, is pleased to announce the addition of two new offerings to its existing product lines. Pet Releaf will debut its new CBD Hemp Oil Capsules and Large Breed “Edibites” at booth #4041 at SuperZoo 2016, August 2-4, at the Mandalay Bay Convention Center in Las Vegas.

Alina Smith, CEO of Pet Releaf, says the new products are a result of increasing customer demand for higher potency products for medium and large breed dogs dealing with more significant health issues.

“Customers have been asking for CBD products that are stronger and for larger breed dogs,” added Smith. “We want to make our CBD Hemp Oil products accessible to all pet parents, and we knew that the best way to accomplish this was by offering our new, higher potency CBD Hemp Oil Capsules and Large Breed Edibites.” The new CBD Hemp Oil Capsules and Large Breed Edibites will join Pet Releaf’s existing line of all-natural CBD products for pets.

Recommended for medium and large breed dogs over 40lbs., Pet Releaf’s new CBD Hemp Oil Capsules offer a hassle-free alternative to administering CBD Hemp Oil. Each bottle is packed with a total of 450mg of CBD, containing 30 capsules with 15mg of CBD per capsule.

Pet Releaf’s new Large Breed Edibites are a great alternative for customers who have larger dogs and wish to limit the number of treats given per day, while maintaining or increasing the amount of CBD for their pets. The Large Breed Edibites will be available in two flavors – Blueberry-Cranberry and Peanut Butter-Banana – and contain a minimum of 3mg of CBD per treat, compared to regular Edibites, which contain 1.5mg of CBD per treat.

Pet Releaf’s mission is to provide the purest, most wholesome products for pet companions – truly healthy products made with honesty and integrity – right here in the US. The company focuses solely on pet products, and creates and makes all of its Edibites in small batches in its certified commercial kitchen, while the organic CBD Hemp Oil Capsules are bottled in a pharmaceutical grade, GMP-certified facility. Pet Releaf uses only human-grade, organic ingredients. All of its products are tested through third-party certified laboratories and never contain anything sourced from China.

One of nature’s best sources of plant-based protein, the hemp plant is quickly starting to be recognized as a “super food,” containing both amino and fatty acids, as well as Super Omegas. The oil used in Pet Releaf’s products is 100 percent organic CBD Hemp Oil from Europe and is made from the WHOLE PLANT (not just hemp seeds which contain no CBD) in order to provide the full spectrum of cannabinoids, terpenoids, and flavonoids. It is extracted using carbon dioxide under extremely high pressure and very low temperatures. While more costly, this process ensures no chemicals or solvents are used. All Pet Releaf products are legal in all 50 states, do not require a prescription, and are completely safe and non-psychoactive. They also contain NO wheat, corn, soy, or dairy.

 

Registration is Open for 3rd Annual Cannabis World Congress & Business Exposition June 15-17, 2016

NEW JERSEY: A majority of US states are poised to transition from cannabis prohibition to some form of regulated legal markets for recreational and medical cannabis this year, making the 3rd Annual Cannabis World Congress & Business Exposition (CWCBExpo) in New York a must attend event to learn about and see the latest innovations that will move the industry forward.

Taking place June 15-17, 2016, at the Jacob K. Javits Convention Center in New York, NY, CWCBExpo’s ideal Northeast location taps into the country’s’ biggest financial, media, manufacturing, entrepreneurial and healthcare markets. CWCBExpo NY will offer an unparalleled learning agenda with subject matter experts in banking, pain management, healthcare, investing, regulations, law, emerging markets, and product development fields participating.

CWCBExpo NY attendees will gain the knowledge and tools needed to succeed in this hyper growth and dynamic industry including in-depth Add-On Workshops on June 15th that cover:

  • “Open or Purchase a Cannabis Industry,” a six hour certification program offered by Clover Leaf University
  • “Cannabis Growth Capital Conference and Investor Fair,” connecting investors with leaders in the cannabis public markets as well as up and coming private companies.

A bonus Add-On Workshop will take place the day after CWCBExpo NY, Saturday, June 18, with an all-day session on “Grow a Bright Future with a Green Collar Career: Don’t Miss the ‘Green Rush’,” presented by the Cannabis Career Institute.

The Conference Program on June 16-17 includes a headlining keynote speaker, thought-leader panel discussions, regulatory updates, NY dispensary owners, and specially crafted sessions in key business tracks focused on Creating Your Business, Running Your Business, High Finance, Opportunities, and Trends in High Growth Areas, including Industrial Hemp: Made in America and a CTE, Pain Management and Concussions panels.

“There has never been a better time to start a business or grow an existing one in the legalized cannabis market.  This year is a tipping point for the industry and the CWCBExpo in New York will provide you with the best curated education, connections and products to get a competitive start and flourish,” said Dan Humiston, President of International Cannabis Association and Educational Director for CWCBExpo.

In addition to two days of full educational programming and the in-depth Add-On Workshops, CWCBExpo NY will also feature an exhibit floor (June 16-17) with suppliers in the industry showcasing cutting-edge products and services to marijuana cultivators, entrepreneurs looking to enter the market, dispensary owners, medical professionals, investors, and providers of professional services.  An Exhibitor Product Theater on the show floor will spotlight the latest products and services being introduced to the market.

An evening fundraiser, Fashion and Food on High, will offer another opportunity for networking and celebrating the industry. Taking place on Thursday, June 16th, at the Copacabana in Times Square, this special event will spotlight the growing hemp lifestyle and create awareness for advocacy groups promoting the health benefits of industrial hemp and cannabidiol extracts.

Featured exhibitors participating in CWCBExpo NY include Amercanex, Apeks, Cannabis Career Institute, Clover Leaf University, Conviron, Forever Flowering Greenhouses, Gradujuana, Helderpad, HighNY, Hiller, PC, Incredibles, International Cannabis Association, Jane, Medicine Man, MJ Freeway, MJIC, Nexus Corporation, Potbotics, The Cannabis Co Operative, Transcend Lighting, True Leaf, and many others.

CWCBExpo New York is also partnering with leading advocacy groups, associations, and media partners including Coalition for Access Now, Realm of Caring, B2B Wholesaler, Cannabis Business Times, Cannabis Enterprise, Cannabis Financial News, Cann Media-mg Magazine, Hail Mary Jane, Marijuana Business Association, Marijuana Policy Project, Marijuana Venture, and Women Grow, to name a few.

Discounted conference rates are now being offered for advance registration.  For more information on the Cannabis World Congress & Business Expo in New York (CWCBExpo in NY) visit: http://www.cwcbexpo.com/new-york-expo.    For more information on sponsoring or exhibiting contact the CWCBExpo NY sales teams at sreuter@leexpos.comor click here:  http://www.cwcbexpo.com/request-for-exhibit-information/