Weed Wanted

Friday, December 9, 2022

28 grams of game: The Gentlemen Smugglers

In 28 grams of game, Leafly breaks down the story of the legendary cannabis smugglers who are now navigating the legal market.

The post 28 grams of game: The Gentlemen Smugglers appeared first on Leafly.

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11 Missourians react to newly legal cannabis and the passage of Amendment 3

As of December 8, 2022, adult Missourians can legally possess marijuana. Find out what Missourians think of the changes in their state.

The post 11 Missourians react to newly legal cannabis and the passage of Amendment 3 appeared first on Leafly.

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How to talk to your family about Brittney Griner

When minds change, laws change. We can start that process by talking openly about Brittney Griner and what her case really means.

The post How to talk to your family about Brittney Griner appeared first on Leafly.

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Cannabis Legalization Bill Approved By Colombian Senate

Senators in Colombia have gathered many times over the past few weeks to discuss a cannabis legalization amendment to the constitution. On Dec. 6, the amendment was passed in a 56-3 vote.

“Historic plenary approval of the project to regularize #CannabisDeUsoAdulto in its fourth debate. We made progress in changing the country’s drug policy. Great team with @JuanKarloslos #EsHoraDeRegular,” Sen. María José Pizarro Rodríguez wrote in a translated Twitter post.

On that same day, she also mentioned how the tobacco and alcohol industries are more harmful than cannabis, sharing that more than 20,000 people die each year to smoking-related diseases, and 1 in 20 deaths are related to alcohol consumption.

Rodríguez worked with Chamber Rep. Juan Carlos Losada, the sponsor of the bill, to push reform. “Today is a HISTORIC day. With the leadership of @PizarroMariaJo and a @SenadoGovCo more progressive and liberal we achieved approval in the 4th debate of the project that regulates #CannabisDeUsoAdulto. A huge step to advance a new drug policy,” Losada wrote.

If passed, the bill would amend Article 49 and offer “the right of the free development of the personality, allowing citizens to decide on the consumption of cannabis in a regulated legal framework.” In legalizing cannabis the amendment would also establish regulations and taxes for legal cannabis sales, and organize how to divide revenue between local cities, as well as health, education, and agriculture departments. It also calls for a ban of cannabis in schools and public areas and would establish a public education campaign.

The bill moved on to the Senate after the First Commission of the House of Representatives passed it on Oct. 11 with a 105-33 vote.

In Colombia, constitutional amendments must be discussed in a total of eight discussions over the course of two years. The most recent Senate approval marked the fourth discussion. Once all of the discussions have been held, it can proceed to Colombia President Gustavo Petro for review. Finally, if signed into law it gives state legislators six months to establish adult-use regulations.

Although Petro hasn’t confirmed that he would sign such an amendment, he has continually supported ending criminalization of drugs since he was inaugurated in August 2022.

In September, Petro spoke to the United Nations about how the War on Drugs has failed. “I propose to you as President of one of the most beautiful countries on Earth, and one of the most bloodstained and violent, to end the War on Drugs, and thus allow our people to live in peace,” Petro said in his inauguration speech. “The War on Drugs has lasted 40 years. If we do not correct the course, and this continues another 40 years, the United States will see 2.8 million die of overdoses, which is not produced in our Latin America. You will see millions of African Americans be imprisoned in their private prisons. The prisoner will become a business of prison companies.”

On Nov. 25, Petro met with the president of Mexico, Andrés Manuel López Obrador. “If I had to summarize the relationship between our peoples and the government of Colombian President Gustavo Petro in one word, I would say: brotherhood,” Obrador said in a Twitter statement.

Si tuviese que resumir en una palabra cómo es la relación entre nuestros pueblos y con el gobierno del presidente de Colombia, Gustavo Petro, diría: hermandad. pic.twitter.com/F7ed08j33I
— Andrés Manuel (@lopezobrador_) November 25, 2022

Together, both Obrador and Petro announced a joint effort to create an international conference that addresses how to rethink drug policy. “Recognizing the failure of the fight against drugs and the vulnerability of our peoples in the face of this problem, Mexico and Colombia will convene an International Conference of Latin American leaders with the objective of redesigning and rethinking drug policy,” both countries said in a joint statement.

The post Cannabis Legalization Bill Approved By Colombian Senate appeared first on High Times.

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Edible Arrangements v. Green Thumb Industries: Voluntary Dismissal, For Now

We regularly cover intellectual property disputes on the blog, and the Edible Arrangements v. Green Thumb Industries trademark infringement case is one we covered two years ago when filed. Since then, this case appears to have been moderately active, with the parties engaging in the usual discovery and related motion practice.

However, things did take a surprising turn when late last week, Edible Arrangements filed a motion to voluntarily dismiss the case without prejudice (or in the alternative, to amend its complaint) due to “[t]he fast-shifting economic and legal landscape” of cannabis. Dismissing a case without prejudice means Edible Arrangements could revive it at a later point in time.

Recap of Edible Arrangements’ trademark infringement allegations

Edible Arrangements writes that it pursued this case upon passage of the 2018 Farm Bill, which of course paved the way for the CBD market to open. It was also interested in selling CBD products, so it began to develop and market them under their brand “Incredible Edibles.”

Edible Arrangements then became aware of Green Thumb’s own marijuana product line, the “Incredibles.” To be clear, the Incredibles included Delta-9 THC, which doesn’t derive from hemp and remains federally illegal. So, despite the fact that the underlying products were legally distinct under federal law, Edible Arrangements filed the lawsuit to protect its trademarks against Green Thumb (who cannot have federal trademark protections because its own products remain federally illegal).

Why Edible Arrangements seeks to voluntarily dismiss, for now

While some believe necessary change has been painfully slow to occur, Edible Arrangements believes that the change in regulatory and legal landscape relating to marijuana has changed “dramatically” and continued change could render any outcome of the lawsuit moot:

In short, the pattern that is emerging is that, while makers of cannabis products that are federally-legal do have protectible trademark rights, the question of whether makers of products that, though similar in other respects, involve federally-illegal cannabis are infringing on those protectible marks is less clear cut.

Specifically, Edible Arrangements makes the (valid) point that in some markets, the legal status of Incredible Edibles versus the illegal status of Incredibles (by Green Thumb) could make a significant difference in where they’re sold– regular stores versus dispensaries only. However, Green Thumb recently announced that it reached a deal with Circle K to sell its marijuana products for medical use in certain Florida gas stations (which is still awaiting regulatory approval). As big industry players continue to push an effort to normalize marijuana “by integrating it with regular consumer products,” one thing is clear: the joining marketing channels and resulting likelihood of confusion will likely grow and bolster trademark infringement claims between hemp and marijuana products:

“Thus, while the Court undoubtedly could adjudicate the question of the likelihood of confusion as it exists right now, and could even do so with an eye towards the ‘convergent marketing channels,’ such a determination may not be sufficient to address the future state of this rapidly changing market and could be mooted by any number of events. Thus, the better course is to set this case aside, without prejudice, and let the parties return—or not—once the market dynamics have more fully run their course.”

What’s next in this unusual trademark infringement case

We’ll continue to monitor the docket for any response from Green Thumb and, of course, any final order of the Court. But it does seem clear that other plaintiffs will likely follow suit and wait for a time when their trademark infringement claims are bolstered – such as if marijuana continues to seep into the general marketplace or is one day legalized altogether – and everyone seeks to establish their brands over all their competitors.

The post Edible Arrangements v. Green Thumb Industries: Voluntary Dismissal, For Now appeared first on Harris Bricken Sliwoski LLP.

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