subheading goes here When people think of cannabis, the first image that comes to mind typically isn’t an athlete or someone working on their exercise goals. But scientific research suggests that maybe it should be, and perhaps it’s time to reexamine our assumptions about the relationship between cannabis and your workout. In this article, we’re […]
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Hemp goods and services may now be eligible for trademark licensing and protection, though many CBD products remain unlawful at the federal level. Meanwhile, marijuana continues to be a Schedule I drug, but is legal in an increasing number of states. The legal status of cannabis impacts trademarks and may be problematic for those not in compliance. The complicated legal landscape poses unique issues for those in the cannabis industry.
Some license terms may require the trademark owner to comply with state cannabis laws, including applying for a cannabis permit. Some states may require a trademark licensor to have a cannabis license while other states may have mandatory requirements related the disclosure of the trademark license arrangement. It is important for counsel to be involved in understanding the requirements triggered under state law. As part of due diligence, licensors need to understand state and local cannabis regulations. As with other types of license arrangements, licensees should confirm the licensor owns the trademark rights, there are no challenges to those rights, and use of the mark.
Listen as our authoritative panel of IP attorneys Fred Rocafort, Harris Bricken Sliwoski LLP, and Delfina Homen, Miller Nash LLP, examine the unique issues that trademark owners and licensees need to consider when licensing a mark for use in connection with cannabis products. The panel will address legality, state licensing and disclosure requirements, due diligence, and key provisions in light of the nature of the cannabis products.
The panel will review these and other key issues:
This CLE webinar will guide IP counsel on the unique issues that trademark owners and licensees need to consider when licensing a trademark for use in connection with cannabis products. The panel will address legality, state licensing and disclosure requirements, due diligence, and key provisions in light of the nature of cannabis products in the cannabis industry. The panel will offer best practices for licensing cannabis-related marks.
The post Strafford CLE Webinar | Trademark Licensing in the Cannabis Industry: Legality, Disclosure, Diligence, and Key Provisions appeared first on Harris Bricken Sliwoski LLP.
Smoking pot might get you suspended from a team—but you can still win the Super Bowl twice, Kansas City Chiefs tight end and Super Bowl LVII champion Travis Kelce said in so many words during his monologue on NBC’s Saturday Night Live (SNL) Sunday evening.
With a second Super Bowl title under his belt, Kelce became the 34th athlete to host SNL, joining the ranks of athletes such as Michael Jordan, Tom Brady, and Ronda Rousey, ESPN reports. The Kelce family attended the taping of SNL at Studio 8H in Manhattan.
Philadelphia Eagles center and Kelce’s brother Jason joined for one of the skits on SNL. The brothers were one of the top topics of Super Bowl week in Glendale, Arizona—given that they had to play against each other. Both brothers began the game with one Super Bowl ring, but younger brother Travis was the one who walked out with a second ring in a 38-35 nailbiter.
“Jason and I have actually been playing football together since we were little kids, and he was always better than me at everything,” Kelce said during his monologue. “In high school, he was an honor student. And I got kicked off the team because I failed French. And English too. But, French sounds way better. And then when we were in college, I actually got kicked off the team because I tested positive for marijuana. So it just goes to show you if you smoke weed and you’re bad at school, you can win the Super Bowl twice.”
Kelce said that his mother drove both him and his brother home after Super Bowl LVII, which led to an uncomfortable ride.
Kelce has been smoking pot for awhile, since his days playing in college. In 2010, Kelce was suspended for a full year from playing with University of Cincinnati Bearcats after he tested positive for THC. “I got kicked off the team for having a little too much fun off the field,” he said, as reported by The Kansas City Star. He nearly “quit football” over the ordeal, but the incident doesn’t appear to have impacted his view of cannabis.
But fortunately, Kelce didn’t stray from his path to the Super Bowl and kept playing despite the setback of missing a full year. The Enquirer reported in 2021 that the Bearcats transformed Kelce into a tight end. The rest is history.
Numerous former National Football League (NFL) players have spoken to High Times about the benefits of pot such as Ricky Williams, Eben Britton, Kyle Turley, Jake Plummer, and the list goes on. Many of them have invested in cannabis brands.
Things are slowly changing regarding cannabis in the NFL. Since April 18, 2021, NFL players no longer have to stress about testing positive for cannabis in random drug tests from the league.
It is a new era in the NFL thanks to a new collective bargaining agreement that was negotiated last year and that established a new drug policy for the league.
The NFL announced in a press release on Feb. 1 that it would be providing $1 million to two different researchers at the University of California, San Diego (UCSD) and University of Regina (UR) in Canada. Both research groups will be focusing on how cannabinoids can aid in general pain management, with a few other goal studies as well.
Players like the Kelce brothers won’t have to worry so much about testing positive for pot nowadays.
The post On SNL Monologue, Super Bowl Winner Travis Kelce Praises Pot appeared first on High Times.
Erykah Badu joined Leafly for a quick sesh to discuss what strain she’s smoking, how cannabis helps her perform, and which healthy munchies she loves to snack on when her high is coming down.
The post What are you smoking? Erykah talks ‘That Badu’ strain with Cookies & more appeared first on Leafly.
Learn what the research says about psilocybin's potential for addiction, and how it may even be used to treat it.
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A recent lawsuit filed in California federal court serves as a good reminder to all our readers that it’s so important to be mindful of Title III of the Americans with Disabilities Act (the “ADA”). For the past several years, we’ve seen a steady flow of cases filed against cannabis companies for their alleged failures to run websites and point-of-sale terminals that interfere with a disabled person’s ability to access their products or services online. Under the ADA, “a business may have discriminated against handicapped individuals when they construct and maintain quote on quote architectural barriers which prevent disabled people from enjoying the business as any other person.”
Plaintiff Steven Moore (“Moore”) filed his Complaint in the Central District of California on February 26, 2023. The defendant is 1 Vertical Inc., who owns and operates a retail cannabis store named 420 Central in Santa Ana, California and website at www.420central.com. Moore has claimed that he, as a blind person, cannot use a computer without the assistance of screen-reading software, and that he has tried to visit the 420 Central website with a screen-reader to no avail. Moore claims he has “been denied the full enjoyment of the facilities, goods, and services of www.420central.com, as well as to the facilities, goods, and services of Defendant’s location in California” due to laundry list of “accessibility barriers” on the 420 Central website.
As a reminder, the World Wide Web Consortium’s Web Content Accessibility Guidelines (“WCAG”) is a set of well-established guidelines created to make sure websites are accessible. Moore claims 420 Central is in clear violation of the WCAG.
Moore alleged causes of action under the ADA and California’s Unruh Civil Rights Act (“UCRA”), which is California’s state-version of the ADA. The UCRA also guarantees every person in California “full and equal” access to “all business establishments of every kind whatsoever” and imposes a duty on business establishments to serve all persons without arbitrary discrimination. Like the ADA, a “business establishment” is defined to include nonphysical places like internet websites.
It’s important to note the UCRA provides standing on “any person aggrieved” by conduct that violates the UCRA. This is a narrower definition than is provided by the ADA – a private plaintiff can sue only if they are an actual victim of the discriminatory act. A person who visits a company’s website with intent to use its services, but encounters terms and conditions which allegedly deny that full and equal access, has standing. There’s no requirement that the person also perform some kind of transaction or enter into an agreement.
Between the ADA and UCRA, the damages that can awarded are severe:
These lawsuits have typically been brought by groups of visually-impaired consumers who claim that a certain website fails to accommodate their disability. If a claim is successful, the defendant can be required to perform all sorts of actions. These include things like incurring the cost of redesigning its website or point-of-sale system to comply, and pay the plaintiff’s attorneys’ fees and costs. And in California, plaintiffs can additionally ask for statutory damages. All in all, these lawsuits also can become very costly, very fast.
Ultimately, it really is important to make sure your business is staying apprised of ADA/UCRA requirements and maintaining practices to ensure their systems are updated. Compliance is key here. And, if your business does find itself on the receiving end of a demand letter or complaint, the allegations should be taken seriously and dealt with quickly.
For other relevant articles to cannabis and the ADA and UCRA, check out:
The post California Cannabis Retailer Faces Costly ADA and UCRA Claims appeared first on Harris Bricken Sliwoski LLP.
Parkview Medical Center in Pueblo, Colorado is taking a second look at the way it handles cannabis after facing pressure from local media and the community. 11 News reports that the hospital is reviewing its policy when adult-use or medical cannabis is found due to an incident that took place several months ago. Currently, hospital staff will destroy the cannabis unless a family member is immediately present to take the cannabis home.
Mother Lori Brochhagen, who lives in Chaffee County, said she had just learned that her son serving in the U.S. Marines had taken his own life when she was taken to the hospital several months ago. She was under extreme stress and believed she was having a heart attack. Brochhagen was helicoptered to the hospital, but then she was surprised to face a security search through all of her belongings.
“They brought me out in a gurney. They pulled me in the door and there were two security guards,” Brochhagen told 11 News.
The security guards allegedly focused on taking away the cannabis they found in her bag.
“I was holding onto my bag, they pulled it out of my arms. I tried to pull it back. They took it from me and I was like, ‘What are you doing?’ I didn’t know what was going on. I’ve never been treated that way in a hospital before,” Brochhagen said.
She felt more like a criminal than someone getting care at a hospital, and had about a gram of weed out of sight in a satchel.
“She (the security guard) started going through things and she pulled out a satchel. I had a little pipe, maybe about a gram of cannabis and a lighter, and she held it up to everybody and was saying, ‘Look what we got,’” Brochhagen added.
“Parkview was made aware of the patient’s concerns on January 13, 2023, 7 months following the patient’s admission to Parkview. Parkview has reached out on a number of occasions via phone, email, and written letters to help resolve the patient’s questions and concerns.
According to the Parkview Visitor policy, page 26, Medications from Home: “The nurse must be informed if a patient brings medication from home with them to the hospital…Prescribed medical and recreational marijuana are not permitted to be brought to the hospital. Arrangements should be made for a family member to take it home. If no arrangements are made, it will be destroyed.”
Parkview is currently in the process of reviewing this policy.
Most hospitals enact strict cannabis policies likely because they fear losing federal funding as they are accredited through the Center for Medicare & Medicaid Services and observe FDA rules. But hospital workers and security staff aren’t exactly there to enforce the law.
State laws are slowly changing to allow non-smokable forms of medical cannabis in some cases.
A few states have taken measures to allow some forms of medical cannabis in hospitals. In California, patients with certain conditions are allowed to take medical cannabis into hospitals, however certain forms are restricted.
California’s approved Senate Bill 311 or Ryan’s Law allows terminally ill patients to use medical cannabis in health care facilities. The proposal prohibits patients, however, from inhaling or vaping herbal cannabis products. It also restricts the use of any forms of cannabis in emergency rooms.
Members of the California Assembly and Senate approved legislation and sent a bill to the Governor’s desk to allow the use of medical cannabis products within hospitals and other eligible health care facilities.
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