The landscape around Cannabis has been changing and continues to develop in both State and Federal jurisdictions. Notably, the passage of the 2018 Farm Bill has allowed the legal production of hemp and hemp derived products. This has changed how intellectual property is protected, especially trademarks. See our blog post on Canna you get a trademark for CBD & Hemp goods and services? the following federal laws:
The following laws have vastly changed Cannabis on the federal level:
- The Controlled Substance Act (CSA), 21 U.S.C. §§ 801
- The Federal Food Drug and Cosmetic Act (FDCA), 21 U.S.C. §§ 301
- The Agriculture Improvement Act of 2018 which amended the Agricultural Marketing Act of 1946 (AMA), 7 U.S.C. § 1621.
The CSA defines "Marihuana" as:
All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.
Cannabidiol (CBD) is considered a chemical of the cannabis plant and is included in the CSA's definition of marijuana.
Prior to the 2018 Farm Bill, the CSA prohibited manufacturing, distributing dispensing or possessing marijuana. Therefore, the USPTO was refusing registrations that identified goods encompassing CBD or other extracts of marijuana because the goods were unlawful under federal law. However, the 2018 Farm Bill amended the AMA and changed the CSA by allowing the production and marketing of "hemp."
Under the 2018 Farm Bill, "Hemp" is defined as:
The plant Cannabis sativa L. and any part of that plant, including the seeds, thereof and derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3% on a dry weighted basis.