We’ve written previously not only about the challenges faced by Stanley Brothers Social Enterprises (and the other related “Charlotte’s Web” companies), but also about the different challenges faced by CBD companies. Some of these posts can be found below:
We’ve also written extensively about trademark issues facing businesses in the cannabis space, and, in particular, hemp-CBD companies. For a bit of background, it is well-established that in order to qualify for federal trademark protection, the goods and services specified in the application must be lawful under federal law.
For hemp goods to be eligible for U.S. federal trademark protection, the goods must comply with all of the following:
The Controlled Substances Act, 21 U.S.C. §§801 et seq The Federal Food Drug and Cosmetic Act, 21 U.S.C. §§301 et seq (FDCA) The Agricultural Improvement Act of 2018, Pub. L. 115-334 (the 2018 Farm Bill), which amends the Agricultural Marketing Act of 1946 (AMA).
The 2018 Farm Bill, which we have written about extensively, removed “hemp” from the CSA’s definition of “marijuana,” meaning that cannabis plants and derivatives such as CBD that contain no more than 0.3% THC on a dry-weight basis are no longer controlled substances under the CSA. However,