The President signed the “Farm Bill” into law on December 20, 2018. The law provides important agricultural policies, including a change that involves the cannabis plant. Below is a breakdown of the law and how it may affect companies that produce, process, or sell cannabis or cannabis-related products.
- Hemp (Cannabis Sativa L) production, processing, and sale will be legalized with restrictions:
- The hemp cannot contain more than 0.3 percent THC (delta–9 tetrahydrocannabinol).
- Cultivators are required to obtain a license.
- Hemp farmers will be recognized as a farmer under the Federal Crop Insurance Act.
- Cannabidiol (CBD) will only be legal under specific circumstances: The Farm Bill ensures that any cannabinoid that is derived from hemp will be legal, if and only if a licensed grower produces that hemp in a manner consistent with the Farm Bill, federal and state regulations. All other cannabinoids produced in any other manner will remain a Schedule I substance under federal law and thus illegal.
- The Farm Bill will not apply to any state legalized cannabis programs. These programs will remain illegal under federal law.
If you or your company are considering filing trademarks for products containing CBD with the United States Patent and Trademark Office (“USPTO”), State of California, or any other applicable states, you may want to do so immediately. While there could be delays in the implementation of this legislation and/or the guidelines for trademark examination set by the federal and state trademark authorities for CBD related goods and services, by having a trademark application, you secure a filing date and priority against third-parties who may later try and register the same or similar marks.
The USPTO still does not allow federal registration for substances banned by the Controlled Substances Act, including marijuana and marijuana-based preparations. However, several states, including California, register trademarks for cannabis or cannabis related products and/or services with no or some restrictions.
Should you wish to proceed with filing any trademark applications and/or have any questions pertaining to the Farm Bill, please contact The Myers Law Group for assistance.