uspto tobacco

Tobacco Paraphernalia? Prove It.

Tobacco paraphernalia is in many cases indistinguishable from cannabis paraphernalia, especially when products are unconnected to specific consumers. If an item can be used in both lawful and unlawful ways, it seems illogical to classify it as drug paraphernalia, unless the item is connected to illegal activity. Yet the approach of the U.S. federal authorities

ncsl cannabis legalization directive

States to Feds: End Cannabis Prohibition Now

After a vote last week, the National Conference of State Legislators (NCSL) adopted a revised cannabis policy measure (the "Directive") which supports federally descheduling cannabis, as well as cannabis banking reform. At this point, it's abundantly clear that the states have moved beyond cannabis prohibition. The NCSL is a non-partisan organization that represents all state

caoa federal cannabis legalization

Federal Cannabis Legislation: The CAOA is Back!

Yesterday, Senator Majority Leader Chuck Schumer and Senators Cory Booker and Ron Wyden presented the Cannabis Administration and Opportunity Act (CAOA) in the Senate. This version of the CAOA is a big deal, as it's been over a year since the discussion draft of the bill was shown to the public. It's also a big

travel with cannabis

Don't Travel with Cannabis

Marijuana is illegal in most countries in the world, is federally illegal in the United States, and is highly regulated even in the U.S. states that allow it. Hemp laws are all over the place in the U.S. and are often just as bad as marijuana laws internationally. It goes without saying that it's a

A lightbulb labeled "Patent" hangs above Q&A speech bubbles on a hexagonal black and red background, hinting at the evolving landscape of cannabis patents.

Cannabis Patent Q&A

In this post, we will answer the cannabis patent questions that were submitted to us. Please visit our Cannabis Intellectual Property page for more information about protecting your brand. What do you think about using the Plant Variety Protection Act to protect strains? The Plant Variety Protection Act (PVPA) can provide protection for both asexually

constitutional lawsuit end federal cannabis prohibition

Here We Go! The Latest Lawsuits to End Federal Prohibition

High profile lawsuits to end cannabis prohibition are nothing new. We've covered efforts going back several years, though none of these has succeeded. A recently announced attempt, though, may be the best chance yet-- especially given the changing environment with cannabis legalization in so many states; and especially given Constitutional jurisprudence relevant to those changes.

delta

Delta-8 Is Legal, But ...

Just last week, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court's holding that the 2018 Farm Bill legalized delta-8 THC products derived from hemp. In the Ninth Circuit's view, "the plain and unambiguous text of the Farm [Bill] compels the conclusion that the delta-8 THC products before us are lawful."

safe banking act

Signs of Life for the SAFE Banking Act?

The SAFE Banking Act has languished in Congress since early 2017, a victim of political gridlock and division, as well as political wrangling over broad approaches to cannabis legalization.  We last covered the SAFE Banking Act in February, when it looked as though 2022 would be the sixth year in which this bill would die.

counterfeit trademark thc edible product

Major Food and Beverage Companies Call Out Marijuana Copycats

Last week, a coalition of major food and beverage companies (self-identified as “consumer packaged goods companies”) asked Congress to do more about the growing number of copycat THC edible products and counterfeit trademarks piggybacking off of their well-known items. The letter was signed by the Consumer Brands Association and fourteen other associations and companies, including

federal cannabis legislation

Federal Cannabis Legislation Roundup

With so many new proposals for reconceptualized federal cannabis legislation floating around Congress, this summary should help clarify the differences to distinguish each bill from the others. This post will cover the MORE Act, the PREPARE Act, the States Reform Act, and the Cannabis Administration and Opportunity Act. Part two in this series will cover

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