Cannabis & Psychedelics On the 2024 Ballot
The DEA Is Knocking at Your Door . . . Are You Prepared? – Diagnosing Health Care
If Cannabis Is Reclassified, What Will Happen to the Marketplace? – Diagnosing Health Care
Cannabis Law Now Podcast: What’s Next for Schedule III Marijuana
Podcast - DEA Plants the Seed for Rescheduling Marijuana: What's Next?
The Presumption of Innocence Podcast: Special Edition | Episode 36 - Rolling Change: The DEA Turns Over a New Leaf on Marijuana Scheduling
Cannabis Law Now Podcast: THC Infused Beverages: Cantrip's Journey Through the Hemp-Derived Looking Glass
Cannabis Law Now Podcast: The ‘CannaBoies' Lawsuit and Why it Matters
Law of the Land? Cannabis, Preemption, and SCOTUS [More with McGlinchey Ep. 37]
Understanding the Psychedelics Renaissance Podcast
[Podcast] Virginia Seeks to Become the Next State to Decriminalize Possession of Psychedelic Mushrooms
Minor Cannabinoids: Exploring the Science, Legality, & Opportunities
A history of the decline and rise of the marijuana empire
Canna We Talk Cannabis? Emerging Topics in Cannabis Law
2019 Cannabis & Co: Addressing Cannabis in the Workplace (Part 2) - Proposition 64
Podcast: Non-binding Guidance: FDA’s Regulation of Products Containing CBD
Part 1 of 2: The Impact of Marijuana for Employers
Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and...more
As the prospect of federal rescheduling of cannabis looms, some in the industry are seemingly attempting to preserve their spot in line at the United States Patent and Trademark Office. A recent Trademark Trial and Appeal...more
Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National...more
Based on recent events, it seems likely marijuana will be rescheduled under the Controlled Substances Act (CSA) sometime this year. While many industry experts have discussed the impacts in recent months, many questions still...more
Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”). Republic amended its goods twice during prosecution of the...more
Apologies for the cannabis puns in the title, but they are required by law. Okay, you are correct. That is not true. But it is true that trademark protection is important for individuals in the cannabis industry. Earlier this...more
In a precedential decision earlier this month, the Trademark Trial and Appeal Board upheld refusals to register two trademarks owned by National Concessions Group Inc. (“National”) on the ground that the goods – essential oil...more
The September 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses a recent non-precedential Trademark Trial and Appeal Board decision regarding intent-to-use applications covering CBD products currently...more
On the heels of a year beset by turmoil and the myriad challenges caused by the global pandemic, the cannabis industry nevertheless entered 2021 poised for significant growth amid a landscape teeming with opportunity. Public...more
The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...more
While the country wrestles with the coronavirus pandemic, the federal government and many state governments recently made key determinations that could shape the future of the cannabis, hemp, and CBD industries for years to...more
Companies entering into the emerging market for medical and recreational marijuana products and services will face unique challenges when attempting to protect trademarks. Such challenges include brand protection in states...more
Products containing cannabidiol (“CBD”), a compound derived from cannabis, are part of a growing market that some analysts have projected will reach over $2.3 billion by 2022. CBD products—from gummy bears and pet products to...more
In a case affecting the fast-growing legal cannabis industry, the Trademark Trial and Appeal Board (“TTAB” or “Board”) affirmed the United States Patent and Trademark Office’s (“USPTO”) refusal to register two trademarks for...more
The past several years arguably have been some of the best for the cannabis industry since marijuana was originally criminalized in the early 20th century. ...more
Legalizing “hemp” under the Agricultural Improvement Act of 2018 (2018 Farm Bill) has triggered an important change for the examination of federal trademark applications concerning cannabis and cannabis-derived goods and...more
The U.S. Patent and Trademark Office ("USPTO") generally refuses to register marks that violate federal law. Hemp and hemp-derived CBD were previously classified as Schedule I controlled substances under the Controlled...more
The United States Patent and Trademark Office will now allow federal trademark registration for marks used on some hemp-based products, including those containing hemp-derived CBD, except for foods, beverages, dietary...more
Cannabidiol (commonly referred to as "CBD") has been in the news for several years now, due to its touted health and wellness benefits. This is especially the case since the Agricultural Act of 2018, or AIA, became law in...more
In a previous Legal Alert, we covered the removal of one impediment to federal trademark registration for hemp/CBD products: namely, that hemp/CBD products will no longer be outlawed by the Controlled Substances Act and will...more
In almost every industry, businesses expend significant capital and resources to develop their brand, which, although intangible, is often the most valuable piece of property a business owns....more
Recently, Oklahoma joined the ranks of the 30 states that have legalized medical marijuana, but the state still has work to do on just how to implement its new law. As usual, the devil is in the details. Even though Oklahoma...more
Whether operating in states that allow medical marijuana like Arizona or in states that allow it both medically and recreationally like Colorado, business owners in the marijuana industry want to protect their brands just...more
Introduction – Is Patenting Cannabis Legal? Early protection of intellectual property is a critical component in any business’s efforts to secure a competitive advantage in the marketplace. In the cannabis space, efforts...more
Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more