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Goods and Services and Canna Trademarks

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Goods and services (G&S) identifications are a critical part of a cannabis trademark application, as with any other trademark application. An improper identification can delay an application, and in the worst cases prove fatal. Cannabis brands in particular have to be very careful when it comes to G&S.

Trademark rights are linked to specific goods and services (or, said differently, products). If my neighbor starts using the name Gina’s Lawns in connection with her lawn care business, she can establish trademark rights in that name in connection to lawn care services. Nothing prevents me from using the same name in connection to my own business selling, say, cell phone cases. Needless to say, it would be an odd choice for a cell phone case business, even if I wouldn’t be infringing on Gina’s trademark rights.

For cannabis brands, the key issue when it comes to identifying goods and services (and indeed trademark applications more generally) is the legality under federal law of the identified products. Simply put, under what is known as the lawful use requirement, USPTO will not register a trademark in connection to goods and services that are unlawful according to federal law. This includes marijuana, as defined in 21 U.S.C. § 802(16), which is a Schedule I substance under the Controlled Substances Act (CSA). It also includes many hemp products that are considered illegal under FDA‘s interpretation of the Federal Food, Drug, and Cosmetic Act (FD&C Act or FDCA). Beyond cannabis, USPTO has refused to register trademarks in connection with products such as Cuban cigars and certain insecticides.

The legal justification for refusing to register trademarks in connection to marijuana is debatable, but at least a bright line exists that canna brands can follow. There is (far) less of a bright line when it comes to hemp products, with their regulation by FDA very much in flux, but at least in certain cases the illegality under the FD&C Act of certain products is pretty obvious (for example, in the case of a CBD food). But when we get to the application by USPTO of the drug paraphernalia laws, things get wacky.

Drug paraphernalia is broadly and subjectively defined under federal law. As we have explained before, “this creates a fraught situation from a legal standpoint, as an imported product’s legality may hinge not on its immutable characteristics, but rather on subjective factors.”

Take a water pipe made in Jordan. If the importer of that product is a company that sources Middle Eastern products, including flavored tobacco, and refers to the pipes as shisha or argileh on its website, they are unlikely to face issues upon entry into the United States on drug paraphernalia grounds.

On the other hand, if the importer calls the product a water bong and alludes to cannabis on its advertising, there is a good chance the products will be seized as drug paraphernalia.

Taken to an extreme, this conception of drug paraphernalia could lead to innocuous products such as lighters and ashtrays to be considered drug paraphernalia. Sadly, things often are taken to the extreme. And if it’s silly for lighters to be seized as drug paraphernalia, it is downright absurd for USPTO to take issue with the identification of lighters as goods, on drug paraphernalia grounds.

But that is exactly what’s happening. Recently, USPTO has denied applications for trademarks used in connection with several smokers’ articles, including lighters, rolling papers, and ashtrays. In order for the applications to go through, USPTO required the addition of language to the G&S identification clarifying that the products were to be used exclusively with hemp.

Look, a lighter is a lighter, and an ashtray is an ashtray. Yes, the lighter could be used to ignite a marijuana cigarette, but it could also be used for a host of activities that are not illegal under federal law. Should G&S identifications for firearms include caveats that they are not to be used to commit crimes?

In any case, whether the lighter or ashtray or rolling paper is used with marijuana or hemp or tobacco is a question of fact that will be determined by the user of the products. Conditions encountered by law enforcement when they seize drugs can in some instances support the characterization of a product as paraphernalia, even in cases where there are legal uses for that same product. However, by definition, such products cannot be drug paraphernalia prior to use, just as guns and cars can only become instrumentalities of crime after someone uses them.

There is also a whiff of prejudice in USPTO’s actions. Are lighters sold by canna brands more likely to be used to smoke marijuana than those sold at gas stations? Maybe, but would anyone seriously argue that gas stations lighters are not broadly used to smoke marijuana?

There is clearly a bias against cannabis brands, and the more you think about it, the more it seems like USPTO just has a general beef against cannabis companies. Because this is clearly not about what lighters are going to be used for. And if it is, then it might be even more concerning that government officials live in a world in which marijuana smokers get their lighters from cannabis stores, while those lighters sold at CVS are only used for wholesome purposes like tobacco smoking.

We can and should point out the ridiculousness of this approach: USPTO should never object to the G&S identification of a lighter, period. But, at least, for now, it is what it is. To avoid issues, cannabis brands need to identify their goods and services carefully.



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Cannabis and the Authoritarian State

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Cannabis and the Authoritarian State

Cannabis has been legal for longer than it has been illegal. Let that sink in for a minute. For thousands of years, humans cultivated and consumed cannabis freely across civilizations and continents. It wasn’t until the early 1900s that we witnessed a massive push to drive hemp and cannabis into the black market, primarily due to industrial competition from petrochemicals, pharmaceuticals, and other industrial applications.

What makes cannabis so threatening to powerful interests? For starters, hemp and cannabis are highly versatile crops with over 50,000 different uses, from medicine to textiles to fuel. Even more remarkable is how this plant is hardwired to work with the human body through our endocannabinoid system—a biological network we didn’t even discover until the 1990s.

Perhaps most threatening of all is that cannabis is insanely easy to grow. This means that if the plant helps you with a particular physical ailment, you have the ability to grow your own medicine indefinitely. No insurance premiums, no wait lists, no pharmaceutical middlemen—just you cultivating your own healing directly from the earth.

Authoritarians do not like this, not one bit. When people can meet their own needs independently, power structures lose their grip. When citizens can think differently without permission, control systems begin to fail. So today, we’re going to look at the interesting relationship between authoritarianism and cannabis, and how this humble plant plays a key role in keeping you free.

We’ve already established the versatility of cannabis, but there’s another element that those old D.A.R.E. PSAs inadvertently reveal about what authoritarians think about cannabis. I’m talking, of course, about “behavior.” You see, in an authoritarian system, you and I are but cogs in the machine. We’re the expendables who should be proud to work ourselves to death for our “fearless leaders.”

This is precisely why certain ideas, philosophies, religions, movements, books, and substances are typically banned in authoritarian regimes. Take North Korea as an example: everything from the type of television citizens watch to the music they hear is a tightly spun spell designed to keep the populace in check. While they don’t have explicit laws against hemp (they actually grow it industrially), smoking psychoactive cannabis is strictly forbidden.

Contrast this with places like Malaysia, where you can get up to 5 years for possessing just 20 grams of cannabis, and even face the death penalty depending on the situation. These authoritarians don’t play around when it comes to cannabis because they know it affects the behavior of their populace in ways they can’t control.

The question becomes: what behavior do they fear so much that cannabis produces within the individual?

The answer is a critical mind. People who consume cannabis often begin to question their own belief systems. Most regular users undergo some transformation in their values and perspectives. Cannabis has a unique way of helping people see beyond cultural programming and think outside established paradigms. It can make the familiar strange and the strange familiar—a psychological state that’s antithetical to authoritarian control.

This independent thinking runs counter to the narrative of authoritarians who wish to maintain a tight grip on social consciousness. If even 10% of a population begins to pivot in their behavior within a regime, it can have massive ripple effects. Just look at cannabis in the US—it went from being demonized to being embraced by the majority in less than 80 years, despite massive propaganda efforts.

For authoritarians, psychoactive cannabis isn’t primarily a threat to public health and wellbeing—it’s a threat to the health and wellbeing of authoritarianism itself. When people start thinking differently, they start living differently. When they start living differently, they start demanding different. And that’s the beginning of the end for any system built on unquestioning obedience.

Beyond the threat to thought control, there’s another reason why drugs in general remain illegal: the state can use prohibition as a weapon against the populace. This isn’t conspiracy theory—it’s documented history.

Take Nixon’s war on drugs. His domestic policy chief, John Ehrlichman, later admitted: “We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities.” Nixon essentially placed cannabis on the Controlled Substances Act because he needed an excuse to shut down anti-war protests and target Black communities.

Since hippies and anti-war protesters were smoking “freedom grass,” making it illegal would circumvent their freedom of speech and freedom of assembly, and more importantly—turn free citizens into state property. It’s a win-win if you’re an authoritarian looking to silence dissent.

Then there’s the whole “boogeyman” complex that prohibition creates. We’re told “drug dealers” are roaming the streets preying on innocents, giving them “marihuanas” so they can do vile things. What the government conveniently leaves out is how the banks these “dealers” use to launder their money remain untouched. They don’t mention the shadier dealings of law enforcement either—like running guns into Mexico (eventually leading to the death of one of their own), or spraying poison on crops, killing and hospitalizing people because, you know…”Drugs are bad!”

Authoritarians cannot let go of the value that keeping the most widely used illicit substance in the world illegal provides them. This explains why the US hasn’t federally legalized cannabis despite nearly 80% of Americans supporting some form of legalization. It’s not because they don’t have enough research or that they’re genuinely concerned about public health—it’s because prohibition gives them all the privileges of violating constitutional rights while siphoning money into their coffers.

Drug prohibition creates a perpetual enemy that can never be defeated, allowing endless justification for surveillance, militarized police, asset forfeiture, and expansion of state power. What authoritarian could resist such a convenient tool?

Cannabis is a plant. You can’t make nature illegal—it’s counter to the human experience. When governments attempt to criminalize a naturally occurring organism that humans have cultivated and used for thousands of years, they reveal the absurdity of their position and the limits of their authority.

While the United States isn’t a full-on authoritarian state (yet), the truth is that many authoritarian elements have played out over the years. You only need to look as far as the war on drugs to see how the state utilizes prohibition as a weapon to their advantage. From no-knock raids to civil asset forfeiture to mass incarceration, drug laws have erected a parallel legal system where constitutional protections often don’t apply.

The fundamental truth is that cannabis is not only versatile and medicinal, it gives you back your autonomy in multiple ways. It helps you think for yourself. It allows you to grow your own medicine. It connects you with a plant that humans have used ceremonially, medicinally, and industrially throughout our history. And this autonomy is something authoritarians cannot stand—free individuals who know how to think beyond the narratives they’re fed.

Cannabis doesn’t just get you high—it offers a perspective from which the absurdities of prohibition become glaringly obvious. Perhaps this is why, as state after state legalizes, we’re witnessing the slow but steady unraveling of one of the most enduring authoritarian policies in American history.

So if you count yourself among those who value freedom of thought and bodily autonomy, who believe that nature doesn’t require government permission, and who understand that true liberty includes the right to explore your own consciousness—well, maybe it’s time to toke one up for freedom!

 

LEGALIZING CANNABIS IS NOT ENOUGH, READ ON..

LEAGLIZATION OF CANNABIS

WHY LEGALIZING CANNABIS IS JUST THE BEGINNING…



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Stop Using Bat Poop to Fertilize Your Weed Plants Immediately, Here is Why…

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Don’t Fertilize Your Weed with Bat Poop

 

Fertilization is a critical step for growing healthy marijuana plants.

They help provide essential nutrients for marijuana in various stages of growth, while promoting plant growth. There are dozens of different fertilizers to choose from in the market; growers can choose based on budget, nutrients needed, location, season, and much more. But not all fertilizers are made equally – of course, some are of better quality than others.

That said, there are some rather unusual fertilizers that can be used on plants. These may include, but are not limited to: coffee, milk, grass clippings, banana peels, fish tank water, potato water, and even urine! Yes, it does sound strange, but to gardening enthusiasts, there is nutritional value to be found in each of these things, which can make them suitable fertilizers depending on the circumstances.

For example, grass clippings make excellent mulch and can provide potassium, nitrogen, and phosphorus. Urine is a potent source of nitrogen as well as phosphorus. Banana peels are rich in calcium, which is excellent for promoting root growth while helping supply oxygen to the soil.

But what about bat poop? Also known as guano, bat poop has been said to work as a plant fertilizer because it’s rich in nitrogen, potassium, phosphorus, and other nutrients. Unfortunately, using bat poop as a plant fertilizer can also be dangerous. So if you don’t really know what you are doing, bat poop as a fertilizer can be extremely risky.

Bat Poop Fertilizer Kills 2 NY Men

On December 2024, news of two men hailing from Rochester, New York, dying went viral.

The cause of death was dangerous fungus, in the bat poop that they were using to fertilize their marijuana plants. Both men grew their own marijuana plants for medical consumption, but unfortunately developed histoplasmosis after breathing toxic fungal spores from the guano.

One of the men was aged 59 years old; he bought bat poop online to use as fertilizer for his plants. Meanwhile, the other was a 64-year-old male who found guano in his attic, then decided to use it to fertilize his cannabis plants. They both developed similar symptoms, including chronic coughs, fever, severe weight loss, and respiratory failure. The case was also discussed in the Open Forum Infectious Diseases medical journal.

Is there a safe way to use bat poop as fertilizer? If you ask me, I truly can’t understand why one would use guano as fertilizer when there are so many other proven safe alternatives out there that are simply not as risky. According to the University of Washington, one must always wear a dust mask each time you open a bag containing soil amendments. That’s because a mask will greatly decrease the chances of breathing in fungal spores, which could be potentially dangerous. They also go on to explain that yes, guano is indeed used as fertilizer for its valuable nitrogen content but it still isn’t without its own risks, particularly of developing Histoplasma – the same condition that killed the two men.

Make Your Own Safe Fertilizers At Home

There are many other safe, affordable – and even free – fertilizers you can feed your marijuana plants with. It doesn’t have to cost a fortune nor does it have to be risky to your health.

Check out these easy, low-cost, DIY fertilizers for weed:

 

  • Coffee grounds are abundant in nitrogen, which makes it perfect for the vegetative stage of marijuana plants. They are also a fantastic source of organic materials and green waste, which contain other vital nutrients. When the coffee grounds decompose, they create soil aggregates that improve soil aeration and its water retention capabilities.

 

Mix around 2 grams of coffee ground for every liter of soil. Measuring its pH levels is also helpful, since you want it to be between 6 to 6.5

 

  • Crushed eggshells are a great way to ensure no eggshells go to waste. It’s rich in calcium plus other minerals that are effective in improving overall plant structure, health, and growth. In fact, so many gardeners and farmers commonly use crushed eggshells to help boost plant growth – and it will work just as well for marijuana plants.

 

They’re really easy to use, too! Just mix eggshells into the soil, or steep them into water then pour into the soil for a calcium-packed feed.

 

  • Banana tea or water is rich in potassium and magnesium, making it perfect as a feed during the marijuana plant’s flowering stage. You can use banana peels differently: with 3 to 5 banana peels, soak it in water for 2 days. Then you can use the water on your plants, and even leave the banana peels as compost for your garden.

 

  • Wood ash from your fireplace or other sources is a great source of phosphorus and potassium. Simply sprinkle some wood ash over marijuana during the final flower phase. Just use 1 or 2 grams of ash for every liter of substrate. Be careful not to use too much wood ash, or it can make the soil too alkaline.

 

  • Animal manure, such as those from cows, rabbits, or horses, make excellent organic fertilizers. Just be sure that they’re composed properly so that you avoid introducing weed seeds, or pathogens.

 

These low-cost fertilizers are also natural and effective. There’s no reason for you to turn to bat poop as fertilizer, even if you’re in a bind.


Conclusion

Guano or bat poop is a poor choice of fertilizer if you don’t know what you are doing. It’s risky and potentially dangerous – just not worth it. Instead, fertilize your marijuana plants with these options mentioned.

 

BEST POOP FOR CANNABIS PLANTS, KEEP READING…

BEST POOP FOR CANNABIS PLANTS

WHAT IS THE BEST POOP FOR USING ON CANNABIS PLANTS?



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Getting THC Edibles in Your Edible Arrangement?

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Edible Arrangements Leans into Intoxicating Hemp Products: A Strategic Expansion

 

Edible Arrangements, a brand renowned for its vibrant fruit bouquets and sweet treats, is embarking on a bold new venture into the hemp and THC-infused edibles market. Through its parent company, Edible Brands, the company has launched Edibles.com, an e-commerce platform offering a variety of hemp-based products such as THC-infused beverages, gummies, and snacks. This strategic move taps into the burgeoning demand for cannabis-related wellness products and reflects a deliberate expansion beyond traditional offerings.

 

Introduction to Edible Arrangements and Its New Venture

 

Edible Arrangements was founded in 1999 by Tariq Farid, who envisioned a unique way to gift fresh fruit arrangements that were both visually appealing and delicious. Over the years, the company has grown to become a global brand with hundreds of locations across the United States and internationally. However, the company’s latest initiative marks a significant departure from its traditional fruit-based offerings, signaling a broader strategic shift towards becoming a comprehensive food, health, and wellness company.

 

The New Venture: Edibles.com

 

Edibles.com debuted on March 20, 2025, starting operations in Texas with ambitious plans to expand rapidly across Southeastern states like Florida and Georgia. The platform is designed to cater to consumers aged 21 and older, providing low-dose THC products that comply with the 2018 Farm Bill, which legalized hemp containing less than 0.3% THC by dry weight. Select products will also be available for nationwide shipping where legally permitted, leveraging the company’s existing logistics infrastructure.

 

Product Lineup

 

The initial product lineup includes a range of THC-infused beverages, gummies, and snacks. These products are designed to appeal to both seasoned cannabis users and newcomers looking for low-dose, accessible options. The company emphasizes the importance of quality and safety, ensuring that all products undergo rigorous testing to meet high standards of purity and potency.

 

Strategic Alignment and Market Potential

 

The move into the infused edibles market aligns with Edible Brands’ vision of becoming a broader food, health, and wellness company. CEO Somia Farid Silber highlighted that the infused edibles market is a fast-growing sector with high consumer demand for safe and reliable products. The company is leveraging its extensive franchise network to deliver these items while planning to open brick-and-mortar stores under the Incredible Edibles brand.

 

Market Trends and Consumer Demand

 

The cannabis industry, particularly the segment focused on hemp and THC-infused products, has seen exponential growth in recent years. This growth is driven by increasing consumer interest in wellness and recreational products, as well as evolving legal landscapes that have opened up new markets. Edible Arrangements is positioning itself to capitalize on this trend by offering products that cater to both health-conscious consumers and those seeking unique gifting options.

 

Challenges and Opportunities

 

While this expansion offers significant growth potential, it also comes with challenges such as navigating varying state regulations and ensuring product safety and quality. The company aims to address these issues through robust infrastructure and consumer advocacy. Thomas Winstanley, a cannabis industry veteran leading Edibles.com, emphasized the company’s unique position to drive innovation in this emerging market.

 

Regulatory Challenges

 

One of the primary challenges facing Edible Arrangements is the complex regulatory environment surrounding cannabis products. Laws regarding the sale and distribution of THC-infused products vary significantly from state to state, requiring the company to adapt its operations to comply with local regulations. This includes ensuring that products meet specific THC content limits and are marketed responsibly.

 

Quality Control and Safety

 

Another critical challenge is maintaining high standards of quality and safety across all products. Edible Arrangements is investing heavily in testing and quality assurance processes to ensure that all products meet stringent safety standards. This includes partnering with reputable suppliers and implementing rigorous testing protocols to verify the potency and purity of all THC-infused items.

 

Consumer Education and Advocacy

 

As part of its strategy, Edible Arrangements is also focusing on consumer education and advocacy. The company recognizes that many consumers are new to cannabis products and may have questions about usage, dosage, and safety. To address this, Edibles.com will provide comprehensive product information, dosage guidelines, and resources for consumers to learn more about the benefits and risks associated with THC-infused products.

 

Marketing Strategy

 

Edible Arrangements plans to leverage its existing brand recognition and customer loyalty to promote its new line of hemp-based products. The company will utilize social media, email marketing, and targeted advertising to reach its target audience. Additionally, partnerships with influencers and cannabis industry experts will help build credibility and drive awareness about the brand’s entry into this new market.

 

Future Expansion Plans

 

In the coming months, Edible Arrangements plans to expand its operations beyond Texas, targeting key markets in the Southeast. The company is also exploring opportunities to open physical stores under the Incredible Edibles brand, which will offer a curated selection of THC-infused products alongside traditional Edible Arrangements items.

 

Incredible Edibles Stores

 

The Incredible Edibles stores will serve as a unique retail experience, combining the company’s traditional fruit arrangements with its new line of hemp-based products. This format will allow customers to explore and purchase THC-infused items in a welcoming and educational environment. The stores will also host workshops and events focused on cannabis education and wellness, further enhancing the brand’s position as a leader in this emerging market.

 

Conclusion

Edible Arrangements’ foray into the hemp and THC-infused edibles market marks a significant strategic shift for the company. By leveraging its brand recognition and logistical capabilities, Edible Arrangements is poised to become a major player in this rapidly growing sector. While challenges exist, the company’s commitment to quality, safety, and consumer education positions it well for success in this new venture.

As the cannabis industry continues to evolve, Edible Arrangements’ entry into this market underscores the broader trend of mainstream brands embracing cannabis-related products. This move not only expands the company’s offerings but also reflects a broader cultural shift towards greater acceptance and normalization of cannabis use.

 

HEMP-DERIVED THC DELIVERIES ARE HERE, READ ON…

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