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Tag Archives: cannabis

Status of CBD products under Ohio law: Update

In our recent post, Status of CBD products under Ohio law: Part one, we discussed the perplexing regulations in Ohio that made it effectively illegal to sell hemp and Cannabidiol (CBD) despite passage of the Agriculture Improvement Act of 2018, otherwise known as the 2018 Farm Bill. That landscape has now changed in Ohio with the passage of Senate Bill 57, signed into law by Governor DeWine on July 30, 2019.

The version of Senate Bill 57 that Governor DeWine signed into law has special emergency provisions making the legislation effective immediately upon signing the bill. This post will examine what Senate Bill 57 does to change Ohio’s legal landscape for hemp and CBD and provides an overview of what Ohioans can expect as the hemp program takes shape in Ohio.…

Status of CBD products under Ohio law; Emerging issues in intellectual property related to cannabis business: Part 2

In Part 2, we cover the key Intellectual Property issues that are emerging in this arena. Read part 1 here.

United States Patent and Trademark Office update

Following the enactment of the Farm Bill, the United States Patent and Trademark Office (USPTO) has officially issued guidelines when reviewing trademark applications for CBS and hemp-derived goods and services.

This is a big step for the cannabis industry as for many years, entities have tried, unsuccessfully, to legally protect their trademarks in connection with commercial cannabis businesses. The USPTO policy for many decades has been rigid in its dealing with cannabis related trademarks; the tolerance level being essentially none.…

Status of CBD products under Ohio law; Emerging issues in intellectual property related to cannabis business: Part 1

Two emerging issues related to commercial cannabis are taking center stage for industry stake holders in Ohio:

  1. Current legal status of hemp and cannabidiol (CBD) based products under state law
  2. How intellectual property rights will be protected

We will walk through both the background and current status related to these issues in this two part series.

Background: Hemp and CBD legal status in Ohio

Until recently, federal law did not differentiate hemp from marijuana meaning both were considered “marihuana” (the law dates back decades and uses an older spelling of the word marijuana) and outlawed as a Schedule I Controlled Substance. Late last year, Congress passed the Agriculture Improvement Act of 2018, otherwise known as the “Farm Bill”. The Farm Bill removed hemp from the definition of “marihuana,” effectively removing it from the Controlled Substances Act and paving the way for legalized hemp cultivation and sale.…

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