Federal bans, lack of knowledge, and misinformation all stifle IP protection in the cannabis industry. Previously, one of our colleagues attended MJBizCon in Nevada and noted that “there is so much more to be done to bring this industry on par with other advanced industries that rely on IP to protect innovation and provide commercial advantage.” https://www.blunttruthlaw.com/2022/11/flowers-gummies-an-ip-lawyers-impressions-of-mjbizcon/. After attending the New England Cannabis Convention (“NECANN”) in Boston, we are pleased to observe that the industry appears to be making headway to address these trailing efforts.

Continue Reading The Blooming Field of IP at the New England Cannabis Convention in Boston

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we see action on a federal CBD bill. Kentucky advances a medical marijuana bill, while Kansas decides against. In other medical news, the DC Medical Cannabis Amendment Act went into effect. And finally, a marijuana company gives its employees a company holiday on 4/20.

FEDERAL CBD BILL

Regular readers will recall that the Food and Drug Administration (FDA) declined to issue regulations for CBD, calling on Congress to do so. Last Friday, Reps. Morgan Griffith (R-VA) and Angie Craig (D-MN) stepped up to the plate and introduced two bills directing the FDA to regulate CBD products, using the current regulatory framework.

The Food and Drug Administration has dragged its feet in properly regulating CBD and hemp-derived products on the market, creating confusion about its legal uses

Rep. Morgan Griffith (R-VA)

KENTUCKY

We’ve got a lot of medical cannabis news this week – we’ll start in Kentucky. Residents of the bluegrass state have been able to use medical marijuana since January, when Governor Andy Beshear’s (D) executive order went into effect. The governor had called on the legislature to enact legislation on this topic, and the Senate did so late last week. Prospects look good for the bill to pass the House, as it has passed in prior sessions.

KANSAS

There was a different turn of events in Kansas, where a medical marijuana bill died in committee. Senators voted to table the measure after a hearing featuring activists on the “pro” side and law enforcement officers on the “con” side. Governor Laura Kelly (D), a supporter of the proposal, urged voters to contact their representatives to urge that the measure be reconsidered.

DISTRICT OF COLUMBIA

The DC Medical Cannabis Amendment Act officially went into effect this week. Among other provisions, the bill allows patients to self-certify and sets up a process for unlicensed establishments (the “gray market”) to obtain licenses.

AND FINALLY

April 20 is one of the biggest sales days of the year for cannabis dispensaries. Which makes it all the more surprising that an outlet in Massachusetts, Temescal Wellness, announced that starting this year, 4/20 will be a paid company holiday.

While 4/20 is one of our most profitable days, we hope making it a paid holiday off for our team elevates it as a day for everyone to celebrate cannabis and the community around it.

Sian Leininger, Temescal Wellness Director of Retail and Customer Engagement

Stay safe and be well everyone – we’ll see you next week!

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we check in with Delaware, to see how their adult-use legislation is progressing. Then we move south to Maryland, where lawmakers are considering an adult-use market. As for the feds, the Biden administration released a budget that contains some cannabis-related provisions. And finally, we see Snoop Dogg is making some marijuana news.

DELAWARE

The First State brings us our first story this week. The state’s House of Representatives voted for two bills which would legalize possession for personal use and set up a retail market. Rep. Ed Osienski, (D-Newark) is the driving force behind the legislation, and he believes this year may be the year the bill becomes law.

“We have some new members, we have some new energy. I think a lot of them realized that I’m just not going to let this go.”

Rep. Ed Osienski, D-Newark

The bill now moves to the state’s Senate, where the Health & Social Services Committee cleared the bill earlier this week.

MARYLAND

Staying in the mid-Atlantic, we see that Maryland is making progress on legislation to set up a retail cannabis market. The state’s House passed an implementation bill late last week, which now heads to the Senate, which is working on its own bill. If common language can be agreed upon, sales could begin this summer.

BIDEN BUDGET

The Biden administration released its budget proposal last week, and there was both good news and bad news for cannabis advocates. The document retains the appropriations section that prevents the Department of Justice from interfering in state-legal medical marijuana programs. It also retains the provision that prevents the District of Columbia from setting up a cannabis market. Of course, this is just the opening salvo in the budget discussions, so that language could be altered or deleted over the course of the year. Further bulletins as events warrant.

AND FINALLY

Fake celebrity endorsements of cannabis products are a regular feature of this column; see our piece on Dolly Parton here. One celebrity is legitimately promoting marijuana, however; no surprise, it’s Snoop Dogg. He’s partnering with Atlas Global to sell cannabis products internationally.

Stay safe and be well everyone – we’ll see you next week!

Welcome back to the Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, the big news comes out of Oklahoma, where adult-use cannabis went down to defeat. The Department of Justice is accepting applications for pardons. New York, meanwhile, is increasing the number of dispensary licenses. The Hawaii Senate passed an adult-use bill. And finally, San Francisco has a farmer’s market that’s just for cannabis.

Continue Reading The Week in Weed: March 10, 2023

Cannabis has become a growing sector for investment with increased focus by investors and entrepreneurs. See our colleague’s impressions from the 2022 MJ BizCon cannabis conference here. With the increased funding pouring into this sector has come a desire to protect the intellectual property in the products, research, and developments brought to market. Previously, patents—a limited monopoly allowing a patent holder to bar competitors from making/using/selling/importing a claimed system or method—were of limited use for those in the cannabis industry.

Continue Reading What CannI Say? Litigating Cannabis Patents In District Court

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we see a lot of action on the state level. The New Hampshire House passed an adult-use bill. Virginia, on the other hand, failed to pass any legislation involving an adult-use market. Iowa, North Carolina and Kansas all considered cannabis bills. And finally, we have yet another celebrity who is *not* associated with CBD products.

Continue Reading The Week in Weed: March 3, 2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we see that Virginia is not moving forward on setting up an adult-use market.  On the federal level, we have an update on the VA Medical Cannabis Act – will it become part of the SAFE Plus Act?  And finally, Rhode Island may allow Fido or Fluffy to get a CBD prescription.

Continue Reading The Week in Weed: February 24, 2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, we saw some federal activity on medical marijuana for veterans. We have an update on those SAFE Banking talks. Twitter will now allow cannabis ads. And finally, marijuana has come to vending machines.

Continue Reading The Week in Weed: February 17, 2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, Missouri began adult-use sales. The SAFE Banking act makes yet another appearance on the legislative stage. We have an update on the DMV and MJ. And finally, if you’re looking for a dispensary/bar/bakery combo, this store in Illinois has you covered.

Continue Reading The Week in Weed: February 10, 2023

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

This week, the big news is what didn’t happen – the FDA didn’t propose regulations for the use of CBD in food. And then we have two stories about things that haven’t happened yet, but that some people would like to see happen: interstate cannabis commerce and federal re-scheduling. And finally, what were those hobbits smoking in The Lord of the Rings?

Continue Reading The Week in Weed: February 3, 2023