Connect with us

Cannabis News

Oregon Officials Seek To Dismiss Psilocybin Access Lawsuit From Homebound Patients

Published

on

“Delays in enabling access mean that patients who achieved relief from debilitating anxiety and depression will die in unrelieved suffering.”

Author: Jack Gorsline, Filter

A The legal battle between the state of Oregon and a group of psilocybin boosters has intensified after the state asked for a second time to throw out their lawsuit.

The group originally sued the Oregon Health Authority in 2024 to prevent disabled and dying Oregonians from accessing psilocybin under the state’s Psilocybin Services Act. At the heart of their complaint is that by limiting services to licensed centers and excluding those who cannot travel, the state is violating the Americans with Disabilities Act (ADA).

The plaintiffs, a group of specialty psilocybin suppliers, filed their brief in a federal District Court in Oregon on October 10, challenging the state’s second attempt to dismiss the case.

The Oregon Health Authority (OHA) filed a motion for judgment on the allegations that the plaintiffs lacked standing to state a claim under the ADA. terminally ill and disabled customers.

That motion was followed by a similar motion filed by OHA and a motion to dismiss the case on similar grounds. it was denied in June

Attorneys for the plaintiffs argue that the OHA is trying to avoid reviewing the merits of the case, thereby perpetuating the illegal exclusion of a vulnerable population.

“Plaintiffs’ promoters have complained enough on their behalf and on behalf of their disabled and dying clients,” said Kathryn Tucker of the National Psychedelic Association, one of the attorneys representing them.

He said the state’s position attempts to sidestep the ADA compliance requirement in the operation of the Psilocybin Services Act.

“OHA seeks to avoid compliance with the ADA in the operation of the PSA, as it unlawfully discriminates against Oregonians,” Tucker said. The filter. “Delays in enabling access mean that patients who achieved relief from debilitating anxiety and depression will die in unrelieved suffering.”

The Psilocybin Services Act, passed by Oregon voters in 2020 to establish a legal and regulatory framework to oversee the use of psilocybin, includes legislative findings and detailed statements of goals that indicate the intent to serve populations such as the terminally ill. The plaintiffs in the lawsuit say that the existing rules, which mandate only service at authorized centers, directly contradict that goal.

The plaintiffs are seeking a court order to require OHA to develop a process for domestic service as a reasonable accommodation, and to notify all licensed facilitators that such accommodations are permitted without fear of disciplinary action.

The ongoing litigation highlights the tension between the state’s innovative regulatory framework and the federal Americans with Disabilities Act, which requires public entities to provide reasonable accommodations to ensure services are accessible to people with disabilities. A previous ruling denying OHA’s motion to dismiss suggested that requiring compliance with the ADA—such as access accommodations—would not necessarily compel the state to violate federal law against the distribution of a Schedule I controlled substance.

However, OHA says that current state law, as written, does not provide a legal means to consume psilocybin outside of a licensed service center, and that accommodating home use would violate the statute. This attitude leaves facilitators who want to serve domestic clients in a precarious situation, at risk of losing their licenses or worse if they provide services outside of regulated centers.

Oregon Health Authority officials did not immediately respond The filterrequests for comments.

Meanwhile, the Psilocybin Services Act was intended to help prevent access to a key population in Oregon. The plaintiffs say the delay in providing accessible services has had far-reaching consequences, especially for terminally ill patients who have limited time to potentially transform the rest of their lives.

If the federal court once again denies OHA’s motion to dismiss the case, it will move closer to deciding whether the state must make accommodations for those clients to perform psilocybin services at home. The result could significantly expand access to the state’s pioneering psilocybin program. It may also affect how other states design their programs.

“We hope the Court will decline to avoid merits review, move the case forward, and ensure access to disabled and dying Oregonians, who are among those most likely to benefit from psilocybin services,” Tucker concluded.

This the article Originally published by the author The filteran online magazine that deals with drug use, drug policy and human rights from a harm reduction perspective. Keep the filter on Bluesky, X or Facebookand sign up for their newsletter.

user photo Wikimedia/Staff.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

EFI Champions Farmworker Recognition Nationwide

Published

on

By

The Equitable Food Initiative, a workforce development and certification organization that partners with growers, farmers, marketers and consumer groups, is encouraging the agricultural community to recognize and celebrate National Farmer Awareness Week with free and impactful tools offered in its communications tools.

Observed annually during the last week of March culminating in Cesar Chavez’s birthday, Farmers’ Awareness Week honors the essential contributions of the men and women who move our food supply chain. From planting and harvesting to packing and shipping, farm workers bring deep knowledge, technical skills and pride to their work every day.

“Farmworker Awareness Week is an important reminder to pause and recognize the highly skilled and physically demanding work that farmworkers do every day to bring healthy, nutritious food to our tables,” said LeAnne Ruzzamenti, EFI’s director of marketing and communications. “Our toolbox is designed to help businesses and communities celebrate their employees and community members and share employee stories that educate consumers about the experience and dedication behind the food.”

EFI’s toolset makes it easy for businesses, retailers, industry organizations, educators and community leaders to show appreciation and raise awareness. The toolkit, available at equitablefood.org/toolkit, includes:

· Social media graphics, sample posts and videos to share

· Posters, technical sheets and printable infographics for offices, shops and workplaces

· A model proclamation to share with local and state officials

· Color a page for children

· Ideas for organizing weekly events or internal celebrations

· And more…

All materials are customizable and free to download, making participation easy and accessible for organizations of all sizes.

Farm workers are not only essential for production, but also essential for farm innovation and continuous improvement. Many bring years, even decades, of experience providing insights that improve quality, efficiency and food safety. Their pride in their craft and their commitment to doing the job well are the foundations for a strong and resilient farming system.

Alexandra Martinez, head of digital marketing and sales at the Equitable Food Initiative, emphasized the importance of industry-wide participation. “We hope that this special week is just the beginning for our industry to shine a light on the experience, resilience and professionalism that our employees provide throughout the year,” said Martinez. “To encourage this, EFI provides resources and reminders to highlight our essential workers with ongoing initiatives like #FarmworkerFriday and other digital tools.”

EFI encourages manufacturers, retailers, brands, allied organizations and consumers to download the toolkit and incorporate its resources into newsletters, in-store promotions, team meetings, classroom activities and community events. By raising awareness and appreciation during Farmworker Awareness Week, the industry can collectively highlight the hard work that sustains our food system year-round.

A free Farmworker Awareness Week Communication Toolkit is available here www.equitablefood.org/toolkit

Continue Reading

Cannabis News

Feds Deny Snoop Dogg Request To Trademark ‘Smoke Weed Everyday’ Because Marijuana Is Illegal And Song Lyric Is Too Popular

Published

on

By

Snoop Dogg’s signature phrase “Smoke Weed Everyday” cannot be trademarked by the artist because marijuana remains illegal and the slogan has become too popular in mainstream culture, the US Patent and Trademark Office (USPTO) says.

Dr. ETC Holdco, LLC—the entity affiliated with Snoop that owns his intellectual property portfolio—filed a trademark application for the phrase in 2024. Then, almost two years later, he received a denial letter from the USPTO on Tuesday.

The federal agency under the US Department of Commerce gave two main reasons for the rejection: 1) Goods and services marketed under a trademark must comply with federal law, and “the application includes elements or activities that inherently violate federal law,” and 2) the phrase comes from a “lyric of a song commonly associated with the use of cannabis.”

“To be federally registered, the use of a mark in commerce must be lawful under federal law because the commerce cited in the application complies with applicable federal laws governing the identified goods and/or services,” the USPTO said. “If the goods or services for which a trademark is intended to be used are prohibited by law, the applicant cannot use his trademark in lawful commerce, nor does he have the necessary intent to use the trademark in lawful commerce.”

The letter also explains how certain hemp-related terms and phrases may be eligible for trademark registration, unlike marijuana-related ones, because hemp and its derivatives were federally legalized under the 2018 Farm Bill. However, because the Food and Drug Administration (FDA) has refused to enact regulations allowing cannabinoids such as CBD to be legally marketed as food or dietary supplements, the USTPO said it would deny trademark applications for these products.

The agency’s denial letter also said it denied registration because “the mark applied for is a slogan or term that does not function as a trademark or service mark to indicate the source of the applicant’s goods and/or services and to identify and distinguish them from others.”

“In this case, the requested mark is a social, political, religious or similar informational message that conveys nothing more than adherence to, admiration for, or affiliation with the ideals conveyed by the message,” he said. “Terms and phrases that contain only an informational message cannot be registered.”

To support its case, the USTPO provided examples of the phrase “Smoke Weed Everyday” on various products sold by retailers such as Amazon, Weed Dreams and Red Bubble.

“Because consumers are accustomed to seeing this term or phrase used in ordinary language in various sources, they would not perceive it as a mark that identifies the source of the applicant’s goods and/or services, but only as conveying an informational message.” he said.

Josh Gerben, attorney and co-founder of Gerben IP, he said Snoop’s company denied in a USTPO blog post that it may appeal the decision, but the “most difficult” challenge the case presents is “the federal legality surrounding the sale of cannabis.”

“The application identifies retail services that contain cannabis products,” he said. “Under current Federal law, marijuana remains illegal, and the USPTO routinely declines applications related to illegal goods or services.”

“Taken together, the naysayers create an uphill battle,” Gerben said. “Fortunately for Snoop Dogg, this waiver only affects the registration of the mark … not the activity celebrated by the famous phrase.”

Meanwhile, Snoop has been gradually expanding his cannabis business in recent years. For example, last year, he It brought another direct-to-consumer hemp lifestyle platform to market under his Death Row Records label.

In 2024, the artist also expanded his Smoke Weed Every Day (SWED) brand with a separate retail platform for consumers. sells hemp-derived cannabinoid products, smoking supplies and other merchandise.

This platform also functions as a directory SWED’s physical retail marijuana locations, including the Los Angeles dispensary and a Cafe in Amsterdamboth were announced in 2024.

Snoop, who has referenced marijuana in songs and other performances for decades, has remained a cultural fixture in the cannabis community as the drug has become more widespread. Today, he regularly talks about his relationship with marijuana in interviews and television appearances.

During an appearance on Watch What Happens Live with Andy Cohen in 2024, Snoop confirmed In his entourage there is a staff member who is responsible for keeping people who smoke from getting too highwhen they have reached the limit saying “it is enough”.

It is unclear who Snoop is paying over $50,000 a year to draw blunts for him. Snoop estimated in 2019 that he consumed 81 blunts a day.

in 2024, while the artist took on a new role as a guest meteorologist on the TODAY Showviewers through a custom marijuana-themed weather map featuring the cities of Weed, California and Tokeland, Washington, High Point, North Carolina, and Pottsville, Pennsylvania.

Late night host Jimmy Kimmel acknowledged Snoop’s cannabis legacy in 2023 the artist’s birthday, October 20, was called “a new high holiday”. DoggFather’s Day.

While he may be known as a lavish consumer, Snoop has championed reform, meaning Calling for a policy change in the NBA to allow players to freely use cannabis off the court

He said he supported reform “on the medical side, on health benefits and on opioids and the pills and injections that are given.”

Snoop has long been supporting athletic organizations to adopt soft marijuana policiesoften emphasizing the point that cannabis can serve as a less addictive and risky alternative to prescription opioids.

The artist previously launched another brand of marijuana, called Leafs By Snoop, in Colorado in 2015.

Image courtesy of TechCrunch.

Marihuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

Lower Sioux Community signs Tribal State cannabis compact

Published

on

By


The Lower Sioux Indian Community is the latest tribal nation to sign a cannabis treaty with the state. The agreement allows the Lower Sioux Community to supply cannabis flowers and products to state-licensed dispensaries and businesses. Eric Taubel of the Office of Cannabis Management says the state and…

Continue Reading
Advertisement

Trending

Copyright © 2021 The Art of MaryJane Media