davydov – Cannabis Industry

April 17, 2023May 30, 2023 by Robert Davydov

Chicago Cubs Partner with CBD Beverage Company Under New MLB Sponsorship Rules

On April 7, 2023, the Chicago Cubs announced a partnership with MYND DRINKS, a Chicago-based cannabis beverage company. This historic partnership recognizes the Cubs as the first Major League Baseball (MLB) team to collaborate on a business venture with a cannabis company.

Background

Back in December 2019, MLB modified its list of abusive drugs by removing cannabis to implement a more treatment-based approach. The league’s updated drug policy allows players to use natural cannabinoids for medical purposes, such as to help relieve pain, improve quality of sleep, and manage stress or anxiety.

A couple years later, on June 22, 2022, MLB announced a landmark decision to approve CBD sponsorships. However, the sponsorships must satisfy two requirements:

CBD companies must receive the NSF Certified for Sport® designation, a certification designed to:
1. favor products infused with CBD, a non-psychoactive compound found within the hemp plant, and
2. disfavor products infused with psychoactive levels of THC, which pose a risk of drug-induced sensations to consumers, and
MLB teams must receive approval from the Commissioner’s office.

MYND DRINKS produces 100% plant-based, CBD-infused, sparkling beverages. The three beverage flavors—Lemon Ginger, Elderberry Passionfruit, and Orange Mango—each satisfied MLB’s safety measures to obtain NSF certification. The CBD company promotes wellness and recovery, and aspires to change the world “one MYND at a time.”

Partnership & Opportunities

The partnership between the Cubs and MYND DRINKS includes, among other things, on-field signage at Wrigley Field stadium, certain in-game features, and international marketing rights in the United Kingdom.

Furthermore, MLB’s Chief Revenue Officer stated that the league is open to featuring jersey patch sponsorships for the 2023 season. Since opening day, on March 31, 2023, a handful of MLB teams debuted sponsorships with a company logo adorned on the sleeve of players’ jerseys. Cannabis companies are permitted to participate in such deals as well. However, a company interested in this arrangement must “have a brand that represents sports.” CBD brands supporting wellness and recovery, like MYND DRINKS, will likely receive a green light from the league’s administration.

Cannabis Market Trends

Market competition is intensifying due to the increasing therapeutic properties of cannabis and continuing legalization of markets. As a result, there has been a rise in demand for cannabis-infused beverages, edibles, and other related products. The global cannabis market was valued at about $13 billion in 2022 and is projected to grow at a compound annual growth rate of 22% to reach over $66 billion by the end of the decade. Cannabis companies are thus eager to establish a position in this rapidly expanding market.

Therefore, this CBD partnership will be revolutionary for MLB and other professional sports leagues across the globe.

Read the full text of the article on Law360.

March 29, 2023May 30, 2023 by Robert Davydov

Cannabis Companies Infringe Popular Ferrara Candy Trademarks

The Ferrara Candy Company (Ferrara) is an American candy manufacturer owned by the Ferrero Group. Ferrara — well known for candy brands such as Laffy Taffy, SweeTarts, and Nerds — has achieved enormous commercial success throughout the United States.

On May 31, 2022, Ferrara filed a lawsuit in federal court in Colorado against a cannabis edibles maker on the grounds of trademark infringement. Trademark infringement occurs when a party violates the exclusive rights of a trademark owner, without authorization or license.

On March 20, 2023, the federal judge found that the cannabis company illegally copies the logos, names, and packaging of Nerds, Trolli, and Runts candy for its THC-infused products. Ferrara never authorized the use of its logos and trademarks for cannabis products. The products appear to have a significant amount of THC, with some containing as much as 600 milligrams, which is more than 60 adult servings. The THC-infused products thus pose a public health hazard – especially to children — who are easily susceptible to believing that the cannabis products are ordinary candy. As a result, the court determined that injunctive relief is appropriate and ordered the cannabis company to:

1. 1. stop producing and selling cannabis products that infringe the Ferrara candy brands;
  2. destroy any remaining products infringing Ferrara’s brands; and
  3. pay Ferrara all profits derived from the acts of trademark infringement.

Ferrara takes a serious approach to such cannabis products in order to protect consumers. In addition to this judgment and injunction in Colorado, Ferrara has also successfully enjoined cannabis companies from selling THC-infused knockoff versions of its signature candy products in California, Florida, and Illinois. Shortly after these proceedings commenced, the attorneys general of New York and Connecticut issued warnings about designing the packaging of cannabis products to look like well-known candy or snacks, both citing a nationwide rise in accidental overdoses among children.

While the desire to appeal to consumers is understandable, it is unlawful to profit off another’s registered trademark. Manufacturing and marketing cannabis products that copy well-known consumer brands and packaging opens the door to litigation that in turn poses huge legal, financial, and reputational risks. Trademark infringement is a serious legal matter that, as illustrated above, will likely result in unfavorable consequences to violators. Cannabis companies should act with caution when adopting and commercializing brands, to avoid creating the potential for consumer confusion between their THC-infused products and the products of already established mainstream brands. This is particularly true when the established mainstream brands are used for candy or other products appealing to children.

Read the full text of the article on Law360.

March 8, 2023May 30, 2023 by Robert Davydov

Application for Federal Pardons of Marijuana Possession Now Available

As we previously reported, on October 6, 2022, President Biden announced that he would pardon those convicted of simple marijuana possession offenses under the federal Controlled Substances Act. As part of his executive action, Biden directed the Attorney General to develop an administrative process to issue Certificates of Pardon to eligible individuals.

On March 3, 2023, the Department of Justice announced the launch of an online application form for individuals seeking proof that they were pardoned under Biden’s proclamation. The form requires the applicant to provide their full name, contact information, date and place of birth, and citizenship status, followed by information about their charge or conviction with supporting documentation.

In order to be eligible for the Certificate of Pardon, applicants must satisfy the following:

1. Applicant must have been charged with or convicted of simple marijuana possession by either a federal district court or D.C. Superior Court;
2. Applicant must have been a U.S. citizen or lawfully present in the U.S. at the time of the offense; and
3. Applicant must have been a U.S. citizen or lawful permanent resident on October 6, 2022, when Biden announced the pardon.

Note that the pardon neither indicates the innocence of the federal offender nor expunges their conviction. Nevertheless, it may remove civil restrictions such as the right to vote, hold office, or sit on a jury. The pardon may also alleviate limitations placed on obtaining certain licenses or employment.

However, Biden’s pardon merely affects several thousand federal offenders. As we previously reported, only about 6,500 people have been convicted for simple possession under federal law and a few thousand more have been convicted under the Code of the District of Columbia. The vast majority of cannabis convictions for simple possession occur at the state level. Those convicted of state marijuana offenses do not qualify for the pardon. Biden urged state governors to follow his lead and issue similar pardons.

Since Biden’s proclamation, several states have flirted with the idea of pardoning nonviolent marijuana crimes, some of which took more substantial steps forward. For example, on November 21, 2022, the governor of Oregon pardoned more than 47,000 people with convictions for simple marijuana possession and forgave more than $14 million in unpaid fines and fees.

As of the present, Connecticut, Missouri, Rhode Island, and Alaska have demonstrated similar relief efforts. Connecticut expunged the record of about 44,000 residents convicted of cannabis possession, while Missouri expunged the record of about 7,500 residents and ultimately expects 100,000 expungements in the coming months. The Chief Justice of the Rhode Island Supreme Court issued an executive order directing judges to establish and implement marijuana expungement procedures. Rhode Island expects 30,000 residents to be able to clear their record. Justices of the Alaska Supreme Court issued a similar order, permitting residents convicted of possessing less than one ounce of marijuana to seal the records related to such convictions. Alaska expects 800 residents to benefit from the order, which takes effect May 1, 2023.

To date, 24 states have enacted legislation to expunge marijuana-related criminal convictions. According to the National Organization for the Reform of Marijuana Laws, state and local officials have issued more than 100,000 pardons and more than 1.7 million marijuana-related expungements since 2018. More states are likely to follow in the same breadth soon.

Read the full text of the article on Law360.