News:

This past Friday, lawmakers in Illinois approved a measure legalizing the sale of marijuana to anyone over the age of 21 with the House of Representatives voting 66-47 to allow possession and sales beginning Jan. 1, 2020. The Senate had approved the measure earlier in the week. Illinois Governor J.B. Pritzker plans to sign the bill into law, which would make Illinois the 11th state to legalize cannabis in the US and only the second time a legislature has legalized marijuana, following Vermont in 2018, which passed a measure allowing possession and limited cultivation of cannabis. Illinois residents age 21 and over may possess up to 30 grams or about 1 ounce of flower, 5 grams of cannabis concentrate, or 500 milligrams of THC in a cannabis-infused products. Adult visitors to the state may possess up to 15 grams of marijuana. The marijuana measure allows the governor to pardon anyone with records of convictions for possession of 30 grams or less. It eases record-clearing for possession up to one pound (500 grams).Only the 20 existing licensed medical marijuana cultivation facilities will be licensed to grow it initially. Soon, applicants, including “craft growers”, may apply for licenses to cultivate and dispense. Medical cannabis patients will be allowed to grow up to five plants each at home. Sales will be taxed at 10 percent for THC levels at or less than 35 percent; 20 percent for cannabis-infused products such as edibles; and 25 percent for THC concentrations of more than 35% (…

Posted in cannabis | Tagged adult use, cannabis, Illinois, rec | Comments Off

This month, the USPTO issued a new examination guide titled “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill.” In light of the passage of the 2018 farm bill, the USPTO will now consider registering trademarks for some hemp-based goods and services. According to the USPTO, marks can be registered as long as the product is not regulated by the U.S. Food and Drug Administration and doesn’t fall under the federal definition of marijuana. The guide breaks down which cannabis and cannabis-derived products will be eligible for protection based on their “lawful use.” The lawful use requirement, as explained by the USPTO, mandates that “use of a mark in commerce must be lawful use to be the basis for federal registration of the mark.” TMEP §907, citing to 37 C.F.R. §2.69 and §§1, 45 of the Lanham Act. In other words, if a product cannot be legally sold in interstate commerce then, according to the USPTO, the mark cannot be used legally in interstate commerce and, lacking trademark use, the trademark cannot be registered. The USPTO stated that for applications filed on or after December 20, 2018 that identify goods encompassing cannabis or CBD, the 2018 Farm Bill potentially removes the CSA as a ground for refusal of registration, but only if the goods are derived from “hemp.” Cannabis and CBD derived from marijuana (i.e., Cannabis sativa L. with more than 0.3% THC on a dry-weight basis) still violate federal law, and…

Posted in cannabis, hemp, trademarks | Tagged Hemp, Trademark, uspto | Comments Off

Post 2018 Farm Bill, TTB Addresses Hemp Ingredients in Alcohol Beverage Formulas Recently, the TTB added to its on its 2018 guidance regarding hemp derivatives (THC and CBD) in light of the Farm Bill from 2018 which excluded “hemp” from the definition of marijuana under the Controlled Substances Act. Since the 2018 Farm Bill excluded “hemp” from the definition of marijuana under the Controlled Substances Act (CSA), TTB has received many inquiries from industry members about whether they may produce alcohol beverages containing ingredients, such as cannabidiol (CBD), derived from “hemp.”  TTB is in the process of updating its guidance on the use of ingredients from hemp to reflect the recent changes to the law.   In the interim, it remains TTB’s policy that it will not approve any formulas for alcohol beverages that contain ingredients that are controlled substances under the CSA.  Even if an ingredient derived from cannabis is not a controlled substance because it meets the new definition of “hemp,” TTB will continue to consult with the FDA to determine if the use of hemp ingredients would violate the Federal Food, Drug, and Cosmetic Act (FD&C Act).    The update goes on to let industry members know that the TTB will return applications for formulas containing hemp ingredients other than those derived from hemp seeds or hemp seed oil. And that applicants for other derivatives will have the option to resubmit upon favorable approval (individual determination) from the FDA of their ingredients.  TTB will continue to process…