Cannabis News
Cannabis Paraphernalia: Protecting Your Brand Amid Federal Prohibition
Published
3 days agoon
By
admin
The days of smoking cannabis out of apples is over. Smoking devices are readily accessible in tobacco shops and cannabis retailers, and their production and sale are big business. Creative shapes and sizes impress and create unique smoking experiences. However, as states across the U.S. continue to legalize cannabis for medical and recreational use, the legal status of cannabis paraphernalia—such as bongs, pipes, and rolling papers—remains a gray area due to ongoing federal prohibition of these devices. However, that does not mean that companies producing these products cannot seek protection of their intellectual property on the state and federal levels. And with a little creative tact, companies can find ways to federally protect their brands.
What are drug paraphernalia?
The term “drug paraphernalia” refers to any equipment used to produce, conceal, or consume illicit drugs. Under federal law, this encompasses:
“any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.”
Examples of paraphernalia include:
- Pipes: Made from various materials such as metal, glass, wood, or ceramic.
- Water pipes and bongs: Often used for smoking cannabis or other substances.
- Roach clips: Small tools designed to hold the end of a marijuana joint.
- Chillums: Cone-shaped pipes often used for cannabis or hash.
- Cannabis rolling papers: Sometimes marketed for tobacco use but often employed for rolling cannabis joints.
The Federal stance on drug paraphernalia
Despite the widespread state-level legalization of cannabis, federal law continues to prohibit the sale, transport, and use of drug paraphernalia under the Controlled Substances Act. Specifically, U.S. Code Title 21 Section 863 makes it “unlawful for any person to sell or offer for sale drug paraphernalia; to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or to import or export drug paraphernalia.”
Yet, cannabis smoking implements are readily available in stores and online, and there is little indication that the federal government intends to crack down anytime soon. Producers have skirted the prohibitions by labeling their products with disclaimers indicating that they are intended and designed for use with tobacco products. However, a quick review of the design and shape of these items reveals that they are not well suited for tobacco at all.
Retailers such as tobacco shops, gas stations, and novelty stores often display these items prominently. Additionally, online marketplaces and mail-order services facilitate access to paraphernalia, making enforcement of federal restrictions even more unlikely.
Drug paraphernalia in Washington State and beyond
Many states permit the sale and use of cannabis paraphernalia, recognizing their utility in consuming legal cannabis products. This includes Washington State, which has provided an exception to the prohibition of drug paraphernalia if it is intended for cannabis consumption.
Washington law only permits cannabis retailers to sell cannabis paraphernalia to persons over the age of 21. Likewise a new federal law prohibits selling tobacco products to anyone under the age of 21. That being said, exotic shapes and sizes, with creative designs, such as dragons, skulls, or mushrooms, appeal to younger cannabis users. And they range in price from mere dollars to the tune of hundreds or more.
Trademark protection for smoking devices
Since cannabis paraphernalia is big business, it raises the question of whether a manufacturer can trademark the name of their products and stop confusingly similar names from entering the marketplace. The short answer is yes, they can. Potentially, both on the state and federal level. And despite the conflict between state and federal law, some trademark classifications are available to protect a cannabis company’s intellectual property. A little creativity in the federal trademark application process can go a long way in securing some form of trademark protection for a brand name, logo, and trade dress for a wide variety of smoking devices.
Each trademark registration must be associated with one or more classes of goods or services. Since manufacturers disclaim that these implements are for tobacco, on the federal level Class 34 encompasses most products related to tobacco, including lighters and pipes. So federal trademark protection is available if in fact these products are advertised as intended for use with tobacco. Likewise, many states now offer trademark protection themselves even for cannabis products and in Washington State, “smokers articles” are a class available for trademark registration.
However, on the federal level, trademark examiners common use extrinsic evidence to deduce the actual purpose of the products seeking trademark registration. If it appears that the product is unlawful drug paraphernalia, they will refuse registration. Advertisements and articles featuring the products and highlighting their cannabis implications have been reviewed by trademark examiners—and as you might expect there are instances where the USPTO has deduced their true intent. So, it is not a sure thing to merely label your products as intended for use with tobacco. Particularly when they are more elaborate contraptions, for example vaporizers and dab smoking equipment.
Conclusion
Even though there is a federal prohibition on drug paraphernalia, this does not mean that producers need to wait in order to obtain protection of their intellectual property. However, it could mean that your application on the federal level is rejected if you have too much notoriety as a cannabis product.
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What are the 50 Most Prescribed Drugs in America?
Cannabis News
What are the 50 Most Prescribed Drugs in America?
Published
20 hours agoon
January 1, 2025By
admin
What are the 50 Most Prescribed drugs in America and How could Cannabis Effect this list?
As someone who’s been closely following the evolution of medical cannabis over the past two decades, I’ve watched in amazement as study after study validates what many patients have known for years – cannabis has legitimate medical applications. We’re not talking about a handful of studies either; we’re looking at over 35,000 published papers, with more than 70% focusing on the therapeutic potential of this remarkable plant.
Recently, while diving into some research, I stumbled upon a fascinating infographic showing America’s 50 most prescribed medications. As I studied this list, a question kept nagging at me: how many of these pharmaceutical heavy-hitters share therapeutic overlap with cannabis? Given that patients in legal medical states consistently report substituting some of their prescription medications with cannabis – often citing fewer side effects and better overall tolerance – I figured this warranted a deeper look.
Now, before we dive in, I need to make something crystal clear: this article isn’t medical advice. I repeat: NOT medical advice. If you’re considering substituting any medication with cannabis, you absolutely must consult your physician first. Some of these medications are vital and cannot be replaced, period. What I’m offering here is merely an analysis of potential therapeutic overlaps, intended to spark informed discussions between patients and their healthcare providers.
In this exploration, I’ll be focusing solely on medications where there’s documented evidence of symptom management overlap with cannabis. Think of this as a conversation starter – a way to better understand where cannabis might fit in our modern medical landscape.
Ready to dive into this fascinating intersection of traditional pharmaceuticals and botanical medicine? Let’s roll!
Looking at our infographic, we can break down these top 50 prescribed medications into several distinct categories:
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Antihypertensives: Medications that control high blood pressure
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Pain Management: Including both opioids and non-opioid analgesics
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Mental Health: Covering antidepressants, anti-anxiety medications, and antipsychotics
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Diabetes Management: Drugs that help control blood sugar levels
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Gastrointestinal: Medications for acid reflux, ulcers, and digestive issues
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Antibiotics: Drugs that fight bacterial infections
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Respiratory: Medications for asthma and breathing difficulties
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Statins: Cholesterol-lowering medications
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Hormones: Including thyroid medications and birth control
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Anti-inflammatory: Drugs that reduce inflammation and treat arthritis
Now, let’s be real here – cannabis isn’t some miracle cure-all that’s going to replace every medication on this list. You’re not going to treat a bacterial infection with cannabis, and it’s certainly not going to replace insulin for diabetics. Anyone telling you different is selling snake oil, plain and simple.
However, where cannabis does shine is in several key categories: pain management, mental health, gastrointestinal issues, and inflammation. These are areas where we have solid research backing cannabis’s therapeutic potential, and where many patients report significant benefits. Throughout the rest of this article, we’ll dive deep into these specific categories, examining where cannabis might offer alternative or complementary options for patients under proper medical supervision.
Remember, even in these categories, cannabis isn’t necessarily a replacement but rather another tool in the medical toolbox. It’s about expanding options, not limiting them.
After pouring through thousands of studies on cannabis, certain therapeutic applications consistently rise to the top. The research shows particularly promising results in:
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Chronic Pain Management: A comprehensive 2021 systematic review published in JAMA found that cannabis-based medicines provided significant pain relief for various chronic pain conditions, with patients reporting a 30% or greater reduction in pain.
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Anxiety and Depression: While more research is needed, studies suggest that CBD, particularly in combination with THC, can help reduce anxiety symptoms. A notable 2019 review in the Journal of Clinical Medicine found that 79.2% of patients reported anxiety reduction after cannabis treatment.
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Sleep Disorders: Research indicates cannabis can improve both sleep quality and duration, though interestingly, different cannabinoid ratios appear to have varying effects. Some users report success with high-CBD strains for sleep, while others find THC-dominant varieties more effective.
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Nausea and Appetite Stimulation: This is one of cannabis’s best-documented benefits, particularly for cancer patients undergoing chemotherapy. The American Cancer Society has acknowledged its effectiveness in this area.
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Muscle Spasticity: Multiple studies, particularly in MS patients, show cannabis can significantly reduce muscle spasms and associated pain.
However – and this is crucial – cannabis isn’t a one-size-fits-all solution. Your endocannabinoid system is as unique as your fingerprint. What works wonders for your friend might give you anxiety, or might not work at all. This individual variation is due to differences in our endocannabinoid systems, including receptor density, endocannabinoid production, and enzyme activity.
Think of it like this: if your endocannabinoid system is a lock, cannabis compounds are keys. But everyone’s lock is slightly different, which is why finding the right “key” (strain, dosage, consumption method) often requires patient experimentation under medical supervision.
This individual response factor is precisely why proper medical guidance is essential when considering cannabis as a treatment option. It’s not just about trying cannabis – it’s about finding the right approach for your specific physiology.
Looking at this infographic, several medications immediately jump out as having therapeutic overlap with cannabis. Let’s break these down by category and crunch some numbers that might explain why Big Pharma isn’t exactly thrilled about cannabis legalization.
Pain Management & Anti-inflammatory Medications:
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Hydrocodone/Acetaminophen (Vicodin): $3.7 billion annually
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Tramadol: $2.5 billion annually
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Naproxen: $2.5 billion annually
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Celecoxib (Celebrex): $4.7 billion annually
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Meloxicam: $1.7 billion annually Total Impact: $15.1 billion annually
Cannabis has shown significant potential in managing both chronic and acute pain, potentially affecting millions of patients currently using these medications. Studies consistently show that states with medical cannabis programs see a 20-25% reduction in opioid prescriptions.
Mental Health Medications:
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Sertraline (Zoloft): $37.7 billion annually
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Escitalopram (Lexapro): $31.7 billion annually
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Trazodone: $2.1 billion annually
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Alprazolam (Xanax): $1.1 billion annually Total Impact: $72.6 billion annually
While cannabis isn’t a direct replacement for antidepressants or anti-anxiety medications, many patients report using it successfully to manage symptoms of anxiety, depression, and sleep disorders. Studies show particularly promising results for anxiety and PTSD management.
Gastrointestinal Medications:
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Omeprazole (Prilosec): $3.4 billion annually
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Pantoprazole: $2.7 billion annually
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Ondansetron: $2.3 billion annually Total Impact: $8.4 billion annually
Cannabis has shown effectiveness in managing nausea, increasing appetite, and reducing gastrointestinal inflammation. Many patients with conditions like IBS and Crohn’s disease report significant benefit from cannabis use.
Sleep Medications:
Cannabis, particularly indica strains and CBD-rich varieties, has shown promise in helping with sleep disorders.
Running the Numbers: If we total up just these categories where cannabis shows therapeutic overlap, we’re looking at approximately $98 billion in annual pharmaceutical sales. Now, let’s be conservative and assume that only 25% of patients might successfully transition to cannabis-based treatments (remember, cannabis isn’t effective for everyone, and some patients may need to continue their current medications). That would still represent a potential $24.5 billion annual impact to pharmaceutical industry revenues.
But here’s where it gets really interesting: In states with medical cannabis programs, studies show:
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Opioid prescriptions drop by 20-25%
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Anxiety medication prescriptions decrease by 12-15%
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Sleep aid prescriptions reduce by 10-15%
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Anti-inflammatory prescriptions decline by 15-20%
If we apply these more realistic reduction percentages across our categories:
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Pain/Anti-inflammatory ($15.1B × 20%) = $3.02B reduction
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Mental Health ($72.6B × 15%) = $10.89B reduction
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Gastrointestinal ($8.4B × 15%) = $1.26B reduction
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Sleep ($1.9B × 15%) = $285M reduction
Total Potential Annual Impact: $15.455 billion
This helps explain why pharmaceutical companies spend millions lobbying against cannabis legalization. It’s not just about losing direct sales – it’s about losing market share in some of their most profitable categories.
Remember, these numbers are conservative estimates. The actual impact could be significantly higher, especially considering that cannabis often helps with multiple symptoms simultaneously. For example, a patient might use cannabis not just for pain, but also for sleep and anxiety, potentially replacing several medications with a single plant-based treatment.
This analysis also doesn’t account for the potential growth in cannabis-based pharmaceutical products, which could offset some of these losses for companies willing to adapt to changing market conditions. However, it does illuminate why many pharmaceutical companies view cannabis legalization as a significant threat to their current business model.
After diving deep into these numbers, it becomes crystal clear why pharmaceutical companies are pushing so hard for Schedule III classification rather than full legalization. We’re looking at potential losses of over $15 billion annually – and that’s with conservative estimates. Schedule III would allow them to maintain control over cannabis through FDA-approved medications while keeping the plant itself just restricted enough to protect their profits.
This isn’t speculation – it’s simple economics. When you follow the money, you’ll find that many of the loudest voices against cannabis legalization are directly or indirectly funded by pharmaceutical interests. Despite overwhelming public support for legalization (recent polls show over 70% of Americans favor it), our government continues to drag its feet. Why? Well, $15 billion worth of annual revenue can buy a lot of political influence.
But here’s what really gets me: imagine a world where you could grow your own medicine in your backyard. Where you wouldn’t need to choose between paying for prescriptions and putting food on the table. Where natural alternatives aren’t demonized to protect corporate profits. That’s what this debate is really about – returning the power of healing back to the people.
Now, I need to put my serious hat on for a moment: while this analysis shows interesting overlaps between cannabis and pharmaceutical medications, NEVER make medical decisions based on an article you read online – even one of mine. Your health isn’t something to experiment with. Always consult with a qualified healthcare provider before making any changes to your medication regimen.
The truth is, cannabis isn’t going to replace all these medications, nor should it. But it deserves a place at the table – not as a patented pharmaceutical product, but as a natural medicine accessible to all who need it.
IMG URL: https://www.reddit.com/r/coolguides/comments/1ho66sa/
a_cool_guide_most_commonly_prescribed_drugs/#lightbox
BIG PHARMA CREATES CLIENTS, NOT CURES, READ ON…
Cannabis News
Happy New Year From Canna Law Blog!
Published
21 hours agoon
January 1, 2025By
admin
May the year ahead be rich with growth, success, and business and legal breakthroughs.
Here’s to 2025— let’s make it groundbreaking!
The post Happy New Year From Canna Law Blog! appeared first on Harris Sliwoski LLP.
Cannabis News
Cannabis Concentrates in Washington State: Production, Types, Techniques, and Legality
Published
2 days agoon
December 31, 2024By
admin
Cannabis concentrates have become a cornerstone of modern cannabis consumption, offering a potent, clean, and diverse way to experience cannabinoids and terpenes. These products, ranging from shatter to wax and live resin, are derived through sophisticated extraction methods that deliver enhanced flavors and intensities for consumers. For both seasoned cannabis users and industry professionals, understanding the nuances of concentrations is essential.
However, questions are frequently entertained as to whether high potency concentrates are safe for consumers, and what if any action Washington lawmakers (as well as lawmakers in other states) will take. Until then, it is business as usual for cannabis concentrate producers, and business is booming. So, let’s take a look at what concentrates are, how they are made, and what products consumers enjoy as a result of this innovative technique for cannabis enjoyment.
What are cannabis concentrates?
Cannabis concentrates are products derived from the cannabis plant that are rich in cannabinoids (such as THC or CBD) and terpenes. These are the components that have psychoactive qualities and make you feel good. By extracting and isolating these compounds from plant material, producers create a variety of potent and flavorful products seen in retail stores in many states where cannabis is legal. Concentrates can vary in consistency, potency, and usage, providing a tailored enjoyment for consumers.
How are cannabis concentrates made?
The production of cannabis concentrates involves either solvent-based or solventless methods, each offering unique advantages to increase potency and resulting in distinct types of concentrates.
Solvent-based extraction
Solvent-based methods use chemicals like hydrocarbons, carbon dioxide, or alcohol to dissolve and isolate cannabinoids and terpenes from plant material. This process requires precise handling and technology to ensure safety and quality. Common solvent-based techniques include:
- Hydrocarbon Extraction: Butane and propane are often used to create products like shatter, wax, and crumble. Hydrocarbons effectively strip cannabinoids and terpenes from the plant but require a closed-loop system for safety due to their flammable nature. Open-loop systems are exposed to the external environment, and when flammable materials are used there is the possibility of unintended combustion. Closed-look systems limit external exposure and are safer, though much more expensive.
- CO2 Extraction: Supercritical CO2 extraction employs carbon dioxide under high pressure to separate compounds. During this process the carbon dioxide changes between a gas, liquid, and solid states. This clean and eco-friendly method is favored for creating versatile products free from residual solvents.
- Ethanol Extraction: Ethanol is used to produce super-concentrates. While effective, ethanol’s polarity may introduce impurities like chlorophyll from the plant, impacting the final product’s quality.
Solventless extraction
Solventless techniques avoid chemicals altogether, relying instead on mechanical processes like heat, pressure, or agitation. These methods are often considered safer and more natural, resulting in products like:
- Rosin: Made by pressing cannabis flower or hash with heat and pressure, rosin is a pure concentrate that retains much of the plant’s natural profile.
- Kief: A simple extraction involving sifting trichomes through a fine mesh to produce a powdery concentrate.
- Bubble Hash: Using ice water and agitation, bubble hash separates trichomes mechanically, creating a high-quality concentrate without solvents.
Types of cannabis concentrates
The result of these extraction processes is an array of products, each with unique characteristics:
- Shatter: A glass-like, brittle concentrate with high potency and a translucent appearance. The main extraction methods for producing shatter are butane and propane, which makes it incredibly potent.
- Wax/Budder: Creamy and pliable, wax offers a smooth texture, making it easy to handle and use as a dab.
- Live Resin: Made from flash-frozen cannabis, live resin preserves the plant’s terpene profile, delivering enhanced flavor and aroma.
- Oil: A versatile concentrate often used in vaping or edibles, cannabis oil can vary in thickness depending on its intended use.
- Caviar/Moonrocks: Buds coated in high-quality resin and rolled in kief, offering an ultra-potent experience.
The evolution of cannabis concentrates
The cannabis industry has come a long way from the rudimentary and sometimes dangerous backyard methods of the past. Modern advancements in extraction technology have led to safer, more efficient, and higher-quality products. From closed-loop hydrocarbon systems to innovations in solventless techniques, producers continue to innovate and elevate the quality and quantity of new cannabis products.
Potency and legality of cannabis concentrates in Washington State
Washington State does not limit the THC concentration in flower and concentrates. In 2022, the average THC concentration for concentrates was 69%. Today, cannabis concentrates generally have a THC range of between 60-90%. According to the Washington State Liquor and Cannabis Board, Kief and hash tend to range from 50-80% THC. These high concentrates allow the effects of cannabis to be felt much more quickly and intensely.
Many have raised concerns that these high concentrations can cause negative metal health impacts, though many consumers feel the benefits outweigh any potential risks. And the consumption of cannabis concentrates has increased dramatically since legalization. Other states limit the potency of THC by product or category or tax them differently, but Washington State does not.
While there has been some call in Washington State to take action on the potency of these products, little has happened. This is partially out of concern that regulating these products would push them into black market territory and do little to remove them from the reach of consumers. Some, including the Washington State Health Care Authority have called for higher taxes on high potency products.
Bills have been proposed in Washington to regulate cannabis concentrates differently than cannabis flower, including one bill that would cap the potency of cannabis concentrates at 30%, and even raise the age for purchasing them. Though this was a bipartisan bill that has been proposed twice over the last two years, it did not gain sufficient traction to pass in 2024.
In support of the bill, lawmakers cite a group of cannabis researchers that concluded “use of cannabis with high THC concentrations increase the chances of developing cannabis use disorder or addiction to cannabis, particularly among adolescents.” And that “high-potency cannabis use can have lifelong mental health consequences.” Despite these concerns cannabis advocates are unpersuaded.
Other earlier research conducted on Washington recreational smokers included cognitive tests after consumers used vaped concentrates, and these results painted a different picture. The researchers found no impact on the users’ decision making compared to the sober group. Nor did they note any substantial metal health consequences in their study. Though there was some indication that memory was altered during and after consumption on some tests, on others there were no significant differences between the cannabis users and the sober control group. The study organizer noted optimism on the widely available concentrates and concluded that it was “encouraging to see that the concentrates did not increase harms.”
Opponents of such regulations proposed in Washington in 2024 aver that such restrictions would create arbitrary differences in cannabis treatment that ultimately hurt consumers, the industry, and medical users.
Conclusion
Cannabis concentrates are at the forefront of the industry’s innovation, blending science, technology, and artistry to create diverse and potent products. For consumers, these products offer a new level of customization and intensity, and cannabis producers are becoming more inventive in their push to increase cannabis potency and reach consumers with products they can enjoy. For the time being, there is little indication that Washington State will actually implement any restrictions on cannabis concentrates, so consumers can keep enjoying this advancement in cannabis science for the time being.
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