As Cannabis IP Grows, So Do State Licensing Headaches

Law360 (November 4, 2019, 5:51 PM EST) -- In several states, legally purchasing marijuana merely involves visiting a local dispensary and selecting your favorite variety from a budtender.

Unfortunately, licensing cannabis-related intellectual property is not quite as easy. In an attempt to control commercialization of cannabis in their respective jurisdictions, several states have passed laws regulating cannabis-related intellectual property transactions, restricting the entities that may enter into these agreements and even dictating permitted provisions governing both the economics and the scope of the license.

Recent legislative efforts have added further complexity, requiring disclosure of such agreements to the state and compliance with certain recordkeeping obligations. As this information is...

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