Lawful use in commerce is a requirement for a trademark to be registered in the United States. For cannabis brands, this means that the United States Patent and Trademark Office (USPTO) will not register trademarks used in connection with products that are illegal under federal law, most notably marijuana. However, USPTO’s problematic approach to lawful
Welcome to the seventh annual “State of the State” post on Oregon cannabis. For the first year since program launch, regulated cannabis sales fell in the state. We also saw significant legislative and regulatory changes, further contraction of the hemp industry and a myriad of interesting odds and ends. Overall, it has been a rocky
Last month, my Portland colleague and cannabis business litigator extraordinaire Jesse Mondry authored a post titled Oregon Cannabis: Drive-Thru Marijuana Sales Ending? On Friday, December 16, we got an answer to that question. The answer, I’m glad to report, is “not at this time.” That determination came via the Oregon Liquor and Cannabis Commission’s (OLCC)
The Washington State Liquor and Cannabis Board (“LCB”) has clarified what cannabinoid additives are allowed in Cannabis products in WA. The LCB recently published a notice that it had adopted interpretive statement IS22-01, “Use of Additives in Authorized Cannabis Products”. The adopted policy statement clarifies that non-cannabidiol (“non-CBD”) cannabinoids may be added to cannabis products
The OLCC rulemaking process continues after a public hearing on October 25 and the close of the public comment period on October 31. You can read our prior coverage here, here and here, and you can read the proposed rules here. The public hearing lasted about 35 minutes and a hot topic was whether retailers may
It’s that special time again, when voters head to the polls to determine who will staff their local, state, and federal governments. This time around though, many voters will also make big decisions about adult use cannabis legalization. That is outstanding all the way around, win or lose. Ten years ago, only two states, Washington
Colombian legalization of adult-use cannabis is on track, following the Chamber of Representatives’ overwhelming vote of support for a bill introduced by a multiparty group led by Liberal Party deputy Juan Carlos Losada. Back in June we held out some cautious optimism regarding Colombian legalization prospects, following the election of Gustavo Petro as president. As
On Friday, October 28, 2022, with no announcement, publicity or advance warning, the Office of Cannabis Management (OCM) released its “Guidance for Adult-Use Dispensaries” (the Regulations). Although not expressly referenced in the title, the intent of releasing these regulations is to provide guidance for Conditional Adult-Use Retails Dispensary (CAURD) licensees and applicants. All CAURD applicants
On September 29, I spoke on an opening panel at the 7th annual Cannabis Law Conference for the Cannabis Law Section of the State Bar of Michigan. My co-panelist was the renowned Brookings political scientist John Hudak. One of John’s specialty areas is state and federal marijuana policy. The title of our panel was “Update
Government owned cannabis is gaining speed. At least, it is in Canada. This week, I saw a tweet from MJ Biz Daily business journalist, Matt Lamers, that said: The most profitable cannabis businesses in Canada are owned by the government. Provincial monopoly cannabis wholesalers profit/loss (most recent FY): Ontario: $70.2 million; Quebec: $66.5 million; BC:
