In June of 2018, in a landmark decision, the FDA issued its first approval of a medicine derived from cannabis, Epidiolex. Manufactured by Britain’s GW Pharmaceuticals, Epidiolex was developed to treat two rare and severe seizure disorders in young children (Dravet syndrome and Lennox-Gastaut syndrome). However, the approval faced a significant legal barrier as cannabis, and products derived from the plant, remained a Schedule I drug in the eyes of the DEA. Schedule I drugs are defined by the DEA as having no currently accepted medical use and a high potential for abuse.
The number of states legalizing medicinal and recreational marijuana use continues to rise. According to CNNMoney, legal pot is now a multi-billion dollar industry in the US. In order to weed out the competition, these businesses should seek whatever protections are available. One powerful tool to protect brands in all industries is trademark registration. However, since marijuana is still illegal under federal law, there are significant limitations on how a business engaged in growing or selling marijuana can protect its trademarks on this product.
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Welcome to the Cannabis Business Legal News blog where attorneys from Amundsen Davis blog about all things cannabis business and legal news related.
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