Cannabis Patent Q&A

On June 14, 2022, Harris Bricken attorneys Fred Rocafort, Jihee Ahn, Paul Coble, and Vincent Silwoski presented a webinar entitled Protecting, Monetizing and Enforcing Cannabis Intellectual Property. Attendees submitted many great questions before and during the webinar, but our IP attorneys were not able to answer all of them. In this post, we will answer the cannabis patent questions that were not addressed in the webinar.

What do you think about using the Plant Variety Protection Act to protect strains?

The Plant Variety Protection Act (PVPA) can provide protection for both asexually and sexually reproducing plants, like cannabis. The pseudo-patent protection available under the PVPA prohibits other from marketing, selling, delivering, exchanging, transferring, or multiplying a protected strain. However, current practical realities make PVPA protection unavailable for most cannabis patent strains. The PVPA includes a strict requirement that at least 3,000 seeds of the claimed plant species be deposited with the U.S. Department of Agriculture in Fort Collins, CO. The USDA will not accept any deposits for plants that are classified as controlled substances, including cannabis. In other words, for the time being, PVPA protection is unavailable for cannabis plants that do not qualify as hemp (less than 0.3% delta-9-THC).

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Denver Dispensary Owner Wins CU Regent Primary – Westword

Dispensary owner Wanda James has won a close primary race for a seat on the University of Colorado Board of Regents.

James was named the winning Democratic candidate for the District 1 seat late on June 30 after a back-and-forth ballot battle with attorney Johnnie Nguyen, who’d originally had a small edge on election night. As tens of thousands of more votes came in, though, James took over and held on to a slight lead.

The owner of Denver dispensary Simply Pure, as well as a marijuana business consulting firm, James was one of the first licensed Black business owners in Colorado’s marijuana industry. She has political roots, too: James managed a congressional campaign for Governor Jared Polis in 2006 before working on Barack Obama’s National Finance Committee in his run for president. She also led a 2019 Denver City Council bid for her husband, Scott Durrah, and has maintained an active role in state politics and social equity interests in Colorado’s marijuana industry.

But this was the first time she had run for office. A 1986 graduate of the University of Colorado Boulder, James says that her biggest objectives are students’ rights and diversity among the faculty and Board of Regents, citing

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Celebs Go To Pot By Creating Their Own Cannabis Brands

These days, it seems like every celebrity has a side hustle — a product or line of products meant to enhance their brand beyond their normal sources of income.

In the past, celebrities dabbled with food or clothing, but, in recent years, one hot sign of fame is having a personal brand of cannabis.

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Mike Tyson, Martha Stewart and Bella Thorne are just a few of the celebrities promoting their own cannabis brands, and there are plenty of others who are attempting to create cannabis-connected businesses.

Heck, the celebs don’t even have to be living. The estates of Jerry Garcia and George Harrison have both licensed cannabis products and paraphernalia.

There’s even a delivery service in California called Camp Nova that specializes in the pot brands of celebrities and influencers.

Considering that 19 states and the District of Columbia have legalized recreational weed, while medical marijuana is legal in 37 states and D.C., it’s a time of budding growth for celebrities wishing to get into the sativa space.

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“If anything, it helps a celeb’s image to take part in an emerging industry with deep cultural ties,” Dan Wilson, editor of Visit Hollyweed, a news site about California cannabis, told HuffPost.

Wilson said that musicians

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Unlicensed marijuana vendors pop up all over NYC as licensed dispensaries wait for the green light to sell recreational weed – CBS New York

NEW YORK — New York state legalized recreational marijuana last year but has yet to allow licensed dispensaries to sell it beyond medical use.

As CBS2’s Natalie Duddridge reports, that hasn’t stopped all kinds of unlicensed vendors from popping up all over the city, and now the state is trying to crack down.

If you’ve walked through Washington Square Park recently, you’ve likely noticed more people openly smoking pot, and you’ve also maybe seen vendors, who have set up tables selling everything from gummies to joints and weed candies.

“I got two joints, $10. Yeah, one for my mom as a souvenir,” one woman said.

In March of last year, New York state legalized marijuana for adults 21 and older and lowered the penalties for unlawful sales, making marijuana increasingly easy to get, even though the first licensed dispensaries aren’t supposed to open until the end of this year.

Over the years, drugs have plagued Washington Square Park and police have kept a close watch.

In a CBS2 news story from October 1997, 72 people were arrested for doing drugs in the park in a single raid.

But now a gray area in the marijuana laws have allowed a gray market to emerge.

“Cops have been more

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Medicinal marijuana is now easier to obtain for patients – – CBS19 News

On Friday, a new law went into effect in Virginia that makes it easier for patients to access the medical cannabis program.

“The Virginia NORML website is used to find a list of medical providers who will write these certifications and come into one of the dispensaries all across the state to talk to a pharmacist and find what medical cannabis option works best for you,” said Ngiste Abebe, the Vice President of Public Policy at Columbia Care.

Patients will now only need to show their certificate and an ID in order to get access to their medication needs that same day.

The Medical Cannabis Coalition says that the top three uses for medical marijuana are to manage pain, anxiety, and insomnia.

“A huge portion of cannabis consumers, even on the so-called recreational side, are actually consuming for health or wellness reasons,” Abebe said.

Although its products are derived from hemp, a different species than marijuana that has similar effects, a local dispensary is still affected by this new law.

“It’s going to affect us. I know with ours, we are going to have to stop selling some of our top sellers, which are our Delta 8 edibles,” said Mary Eastham, the Human Resource

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Minnesota's GOP-Controlled Senate Legalizes THC Edibles — Not Totally On Purpose

Minnesota is now “Minne-stona” thanks to a new state law legalizing THC edibles and drinks.

The new law, which took effect Friday, allows adults 21 and older to buy cannabis consumables containing a limited amount of THC, the ingredient that makes the “wacky weed,” well, wacky.

Under the law, pot edibles and bud-enhanced beverages can contain up to to 5 milligrams of THC per serving ― about half the standard dose found in recreational marijuana products in other states, according to The Associated Press. Each package is limited to a total of 50 milligrams.

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Although the law requires that the new THC products be derived from legally certified hemp and not marijuana, attorney Jason Tarasek, founder of the Minnesota Cannabis Law firm and a board member of the Minnesota Cannabis Association, told the Star-Tribune that 5 milligrams produces the same effect whether it’s derived from hemp or marijuana.

“This stuff will get you high, no doubt about it,” Tarasek said. “Everybody’s calling it hemp-derived THC, which makes it sound like something other than marijuana. But I went on social media and I called it adult-use marijuana, because that’s what most people are going to consider this to be.”

Many of Minnesota’s marijuana advocates were

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Niles trustees vote 4-1 to create bigger area where cannabis dispensaries can locate; church representatives protest – Chicago Tribune

Niles is one step closer to witnessing the opening of its second recreational cannabis dispensary after the village board approved zoning and distancing changes to expand the eligible area.

But not everyone approved of the changes. Of the many public commenters who attended the meeting to discuss the zoning amendments, most of the people in opposition were affiliated with one of the four churches in the area.

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Logos Baptist Ministries, CityLine Bible Church, Bethany Church and Holy Taxiarhai & St. Haralambos Greek Orthodox Church all sit along North Caldwell Avenue. Congregants from all four churches attended the meeting to voice their opposition to changing rules to allow a dispensary to open down the road from their churches.

Previously, village ordinance dictated that any dispensary opening in the village needed to be at least 500 feet from a place of worship, park or playground, and they had to be at least 1,000 feet away from any schools.

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On Tuesday, the village board voted 4-1 to reduce all those distancing requirements to 200 feet. And it expanded the area in which a cannabis dispensary would be able to open without having to apply for a special use permit to include parcels bounded by Lehigh Ave. to

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New Marijuana Dispensary Opens in Tamarac • Tamarac Talk – Tamarac Talk

New Marijuana Dispensary Opens in Tamarac

MÜV Medical Cannabis Dispensaries has opened a Tamarac location. {Google Maps}

By Kevin Deutsch

A new medicinal marijuana dispensary is open for business in Tamarac.

MÜV Medical Cannabis Dispensaries opened MÜV Tamarac on Friday at 6510 University Dr., becoming the newest location for Florida’s approximately 732,000 medical cannabis patients to get their prescription marijuana.

The business is the 49th dispensary owned by Verano Holdings Corp. to open in Florida, and the company’s 102nd dispensary nationwide.

The Tamarac dispensary is open Monday through Saturday from 9 a.m. to 7 p.m. and Sunday from 11 a.m. to 5 p.m.

“MÜV Tamarac’s close proximity to Fort Lauderdale and Boca Raton will allow us to reach even more patients in Florida’s growing medical marijuana program,” said John Tipton, President of Verano.

MÜV offers free one-on-one virtual and in-store consultations. Its products include marijuana edibles, chocolates, lozenges, and an array of vaporizer pens and oral sprays.

For more information about MÜV Tamarac visit muvfl.com.

Got News? Send it to Tamarac Talk.

Author Profile Kevin Deutsch Kevin Deutsch is an award-winning crime journalist and author. A graduate of Florida International University, Kevin has worked on

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The History of Cannabis Day

CANNABIS CULTURE – Cannabis Day has grown from a small gathering of enthusiastic potheads in the 1970s into a full-fledged marijuana festival and open Cannabis Farmers Market. CC presents a detailed history of Canada’s annual cannabis celebration/birthday party.

“It was tokin’ time Sunday afternoon. Despite heavy police scrutiny, about 2,000 people turned out at the provincial legislature grounds for one of the biggest marijuana legalization rallies ever staged in Alberta. The ‘smoke-in’ was intended to give city marijuana users a chance to ‘toke’ together in defiance of current marijuana laws, which organizers claim convicted 35,000 Canadians last year. While a few people did light up, the majority chose not to deliberately test the 60 policemen, many of them in plain clothes, mingling in the crowd.”

“Some tokin’ jokin’, little provokin’” Edmonton Journal, July 3, 1978

Here I was thinking I had invented Cannabis Day. It’s true that I came up with the idea of having a pot rally on July 1st, back in 1994 – on Canada Day – with “Grassroots”, the Edmonton-based cannabis legalization organization I belonged to. We called it “Cannabis Day” on our posters.

As it turns out, members of the Alberta Legalization of Cannabis Committee and the Canadian Association

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