College athletes around the country may soon be in for an unexpected change in drug testing requirements. The NCAA Committee on Competitive Safeguards and Medical Aspects of Sports (CSMAS) recently showed support for removing cannabis from the organization’s banned drug list and testing protocols. The committee will discuss the decision with its members throughout the summer and final action will be decided on in the fall. Action items the committee will focus on include considering whether NCAA drug testing should only be limited to performance-enhancing substances, and seeking approval from the NCAA Board of Governors to stop testing for cannabis at championship events while the ultimate legislative decision is pending. To finalize the decision of cannabis being removed from the NCAA’s list of banned drugs, all three of its divisional governance bodies have to introduce and adopt legislation.Continue Reading Puff-Puff-Pass the Ball? NCAA Ponders a Different Kind of High Standard for Drug Testing Athletes

A recent lawsuit alleging trademark infringement by AmerikanWeed illustrates the importance of protecting intellectual property in the cannabis industry. Complaint at 9-10, Palmer, et al. v. Komm et al., No. 21-2-13589-3 SEA (Wa. Sup. Ct. filed Jun 21, 2023). Because the plaintiffs obtained a Washington state trademark registration, their recourse is limited to that state. To have recourse against infringement outside Washington, a federal registration may provide additional remedies—if it can be obtained. A recent precedential decision by the Trademark Trial and Appeal Board (“TTAB”) highlights some of the pitfalls to avoid if pursuing federal registration.Continue Reading Blunders That Made ‘Bakked’ Cannabis TM Go Up In Smoke

One might think that the recent uptick in the legalization of recreational marijuana usage would correlate with a decline in the arrests and seizures related to the leafy-green. According to recent data from the Drug Enforcement Administration, however, in 2021, federal law enforcement agents seized over 5.5 million marijuana plants and conducted more than 6,600 marijuana related arrests. That’s
Continue Reading Federal vs. State Approaches to Cannabis: Recent DEA Data Shows Increase In Enforcement While States Move Toward Decriminalization and Legalization