Federal Law
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Federal Court Imposes Permanent Injunction Against Measure 119
A federal court today held that Oregon’s Measure 119 is preempted by federal law and violates the First Amendment of…
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USPTO Increases Fees for Trademarks
The United States Patent and Trademark Office (USPTO) will be increasing fees for various trademark matters. The USPTO’s website provides…
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Employee or Independent Contractor? Understanding the New FLSA Guidelines
Author: Leticia Maskell, Law Clerk The U.S. Department of Labor and Wage and Hour Division has released a new set…
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New Rules Affecting Ketamine Telehealth
Author: Matt Brockmeier, Emerge Of Counsel Attorney Under the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 a prescribing…
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Marijuana Rescheduling: The Good, the Bad, and the ‘Wait-and-See’
Author: Leticia Maskell, Emerge Law Clerk News broke last week that U.S. Health and Human Services (HHS) sent a letter…
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Federal Trade Commission’s Proposed Rule on Deceptive Reviews
Authors: Jay Purcell, Shareholder; Kaci Hohmann, Attorney; Blake Marvis, Attorney; Leticia Maskell, Law Clerk Summary. On July 31, 2023, the…
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Copyright Office Guidance Regarding Artificial Intelligence
Author: Sean Clancy*, Shareholder Understanding copyright law in the age of artificial intelligence can be complex and confusing. And it…
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DEA Takes a Rare Step Forward for Telehealth
Author: Matt Brockmeier, Emerge Of Counsel Attorney The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the Act) amended…
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Critical Terms for Intellectual Property License Agreements (Part 2)
Author: Sean Clancy An audit provision is a clause in an intellectual property license agreement that provides the right for…
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Beneficial Owners – New Reporting Rules
Authors: Kaci Hohmann and Delia Rojas, Attorneys at Emerge Law Group On September 30, 2022, the federal Financial Crimes Enforcement…
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Residency Requirements Under Attack – Analysis of the First Circuit’s Opinion on the Dormant Commerce Clause’s Effect on Cannabis Residency Requirements
Author: Blake Marvis, Attorney at Emerge Law Group; Oregon Litigation Practice Group In August, the First Circuit Court of Appeals…
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President Biden Pardons Those Convicted of Federal Marijuana Possession
President Biden Pardons Those Convicted of Federal Marijuana Possession; Seeks Review of Marijuana’s Schedule I Status Yesterday President Biden pardoned…
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Critical Terms for Intellectual Property License Agreements (Part 1)
By: Sean Clancy Intellectual property (“IP”) license agreements come in many shapes and flavors. But all IP licenses boil down…
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Right to Try (RTT) Laws: A Battle with Multiple Fronts
By: Kathryn Tucker, JD[1] Background We have been leading efforts to open access to the investigational psychedelic drug psilocybin for…
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Update re AIMS et al. v. DEA: DEA Doubles Down in Denying Dying Patients Access to Psilocybin
By Kathryn Tucker, JD[1] In January 2021, Dr. Sunil Aggarwal, a respected palliative care physician and founder of the Advanced…
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At DEA’s Door: The Battle to Open Access to Psilocybin Therapy for Peace and Comfort at the End of Life
By Kathryn Tucker, JD[1] On Mother’s Day 2022, my client Erinn Baldeschwiler, a young mother of two with Stage IV…
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FREE Virtual Event Series – Deep Dive Into the Oregon Psilocybin Services Act: Federal Law Issues (Session 5)
Emerge Law Group is continuing its FREE virtual event series “Deep Dive Into the Oregon Psilocybin Services Act“! Session 5: Federal…
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Efforts to Open Access to Psilocybin for Therapeutic Use with Those with Life Threatening Illness Continue
Emerge Law Group Special Counsel Kathryn Tucker submitted a Freedom of Information Act (“FOIA“) request to the Drug Enforcement Administration…
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Lions and Tigers and Shell Companies, Oh My! Preparing Your Business for Federal Beneficial Ownership Reporting Requirements
By: Delia Rojas and Kaci Hohmann The Corporate Transparency Act (“CTA”), part of the federal Anti-Money Laundering Act of 2020,…
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Establishing a Pathway to Access Psilocybin for Use with Patients with Advanced Illness: UPDATE
As counsel to Dr. Sunil Aggarwal of the Advanced Integrative Medical Science (“AIMS”) Institute we have been seeking authorization for…
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New Federal Trademark Proceedings: What To Know
On December 18, 2021, rules promulgated under the Trademark Modernization Act of 2020 (“Act”) went into effect. The rules, among…
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Landmark Petition to Reschedule Psilocybin filed with DEA
Bipartisan Congressional support for allowing terminal patients to seek relief from anxiety and depression in alignment with ongoing international research on…
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Ninth Circuit ducks merits in nation’s first legal challenge to allow access to psilocybin in end-of-life care under “Right-To-Try” laws
Bipartisan Congressional support for allowing terminal patients to seek relief from anxiety and depression in alignment with ongoing international research…
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Why I Do What I Do: Representing patients with advanced illness
I represent Erinn Baldeschwiler in AIMS et al v DEA. Erinn is faced with advanced cancer, and the prospect of…
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Psilocybin Therapy for Patients with Advanced Illness in Oregon
One of the known beneficial uses of psilocybin is as a palliative care tool for patients with advanced illness who…
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Court Hears Argument in Landmark Case Seeking to Open Access to Psilocybin Therapy
Nation’s First Legal Challenge to Allow Psilocybin Therapy in End-of-Life Care Under “Right-To-Try” Law Heard by the Ninth Circuit Court…
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California’s Aid in Dying Law Challenged in Federal Court for Discriminating Against Terminally Ill Patients with Physical Disabilities
Read Mercury News Article here: When the Aid-In-Dying Law Leaves You Out A number of Californians with terminal illnesses involving…
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Petitioners’ Reply Brief Filed, Briefing Now Complete in AIMS et al v DEA
On Friday, 7/23, Petitioners filed their Reply Brief with the Ninth Circuit Court of Appeals in AIMS et al v…
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Amici Curiae Supporting Case Seeking to Compel DEA to Allow Access to Psilocybin Therapy for Seriously Ill Patients
A Seattle palliative care physician, co-director of an integrative oncology clinic, and a number of his patients with advanced cancer…
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Opening Access to Psilocybin Therapy for Seriously Ill Patients: The Petitioners’ Opening Brief in AIMS et al v DEA
Emerge Law Group is proud to represent a Seattle palliative care physician and co-director of an integrative oncology clinic, and…
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Avenues to Access Psilocybin Therapy in Oregon, a New Palliative Care Tool for Patients Suffering Anxiety and Depression
By Kathryn L. Tucker, JD* Recent medical research is establishing the powerful therapeutic uses of psilocybin in the treatment of…
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Nation’s First Legal Challenge to Allow Psilocybin Therapy in End-of-Life Care Under “Right-To-Try” Laws Moves Forward
On behalf of terminally ill patients suffering anxiety and depression, we announce an advocacy effort to open access to psilocybin…
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Cooperative Federalism Returns with the Biden Administration: Implications for Cannabis as well as Psilocbyin
In November 2020, Oregon voters approved a first of its kind initiative to make psilocybin therapy legal under Oregon state…
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Opening access to psilocybin therapy for those with life-threatening illnesses
Multiple recently conducted clinical trials show that therapy with psilocybin for relief of anxiety and depression in patients with advanced…
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Remembering Sheri Eckert
All of us at Emerge Law Group are deeply saddened to learn about the untimely death of Sheri Eckert, co-sponsor…
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Client of Emerge Law Group Seeks State and Federal Permission to Grow Psilocybe Mushrooms to Provide Psilocybin Therapy
First of its Kind Advocacy Effort to Open Access to Psilocybin for Terminally Ill Patients Emerge Law Group is representing…
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Oregon Measure 109 Passes!!!
Emerge Law Group celebrates the passage of Oregon Measure 109, also known as the Oregon Psilocybin Services Act (“M109”). M109,…
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Oregon Psilocybin Services Act: Measure 109’S Regulatory and Licensing Structure
This blog is the second in a series of substantive explanations of Oregon Measure 109 that we will publish before…
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Oregon Psilocybin Services Act: Measure 109’s Two-Year Development Period
The initiative petition formerly known as Oregon Initiative Petition 2020-034 has been rebranded as Oregon Measure 109. And with seven…
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Oregon Psilocybin Services Act (IP 34) Qualifies for the November Ballot
On July 8, 2020, Oregon Initiative Petition 2020-034 (“IP 34”) officially qualified for the November 3, 2020 General Election ballot.…
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Follow-up: Guide to Accessing Paycheck Protection Program for Small Businesses Affected by COVID-19
On April 24, 2020, President Trump signed the new “phase 3.5” emergency coronavirus relief package into law (the “Bill”). The…
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Guide to Accessing Paycheck Protection Program for Small Businesses Affected by COVID-19
The federal Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020…
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The Criminal Hemp Processing Case that Could Have a Profound Effect on the Oregon Hemp Industry
There’s a battle brewing in Oregon state court that may have a serious impact on Oregon’s industrial hemp industry. We’re…
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Business Law: Amending LLC and Partnership Agreements to Protect Against the New IRS Audit Rules
For those of you with business partnerships (including LLCs taxed as partnerships) filing an IRS Form 1065 U.S. Return of…
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USPTO Issues New Guidance for Cannabis-Related Trademark Applications
On May 2, 2019 the United States Patent and Trademark Office (USPTO) issued new guidance regarding cannabis-related trademark applications following…
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Coming to Terms with the Economic Impact of the Harborside Case
Opinions released by the U.S. Tax Court in two important cases late last year have substantially changed the economic landscape…
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New Year, New Rules: ODA Industrial Hemp Edition
Hello Friends. Following the passage of the 2018 Farm Bill (see previous hemp posts Breaking News: Congress Passes 2018 Farm…
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FDA Comes out of the Shadows on CBD
Happy New Year from Emerge! Beyond the usual holiday food, friends, family, and commerce, this has also been a unique…
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Breaking News – Congress Passes 2018 Farm Bill!
The US House of Representatives overwhelmingly passed the much anticipated 2018 Farm Bill, which now awaits (this is still so…
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Canna-Banking Post Sessions Memo
Bankers are primarily risk managers, so to understand what happens to canna-banking after Attorney General Jeff Sessions rescinded all Obama-era…
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What the Sessions Memo Means for California
Yesterday morning, Attorney General Jeff Sessions issued a memorandum upending existing federal policy regarding enforcement against states with legalized cannabis.…
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The Sessions Memo
The Cole Memo is history. The Sessions Memo, which was released today, January 4, 2018, is now the policy of…
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The Donald Trump Risk Factor and a Showdown for the Cole Memo
Bad dreamer, what’s your name? Looks like we’re riding on the same train Looks as though there’ll be more pain…
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Update Alert: Judge Blocks Minimum Salary Changes for Exempt Employees
Major changes to the minimum salary requirements for exempt employees originally scheduled to take effect on December 1, 2016, are…
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Reminder: Big Changes to Minimum Salary for Exempt Employees Coming December 1
On December 1, 2016, big changes are coming to the minimum salary requirements for exempt employees. The U.S. Department of…
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Organic Marijuana: Another Problem With Federal Law
Is there such a thing as organic marijuana? Like most things in the industry, the answer isn’t simple. Many cultivators…
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The Ninth Circuit Applies 280E
If a tax practitioner tells you the Tax Court cases of CHAMP and Olive are singularly unfavorable to cannabis businesses,…
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Marijuana and Indian Tribes: First steps forward
Indian reservations now have the opportunity to cultivate and sell cannabis if they so choose under authority granted to them…
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280E and Oregon Cannabis Business: What is a trade or business?
Section 280E – not so simple after all Despite what your eyes are telling you, “trade or business” is actually…
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280E and Cost of Goods Sold: Can’t win for losing
Cost of Goods Sold. Deductible or not deductible? That is the 280E question. Section 280E of the Internal Revenue Code…
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280E and Your Business: An Oregon Cannabis Lawyer’s Perspective
Support for the ongoing planning process that is managing a business is a big part of why a marijuana business…