July 17, 2020

A new survey has revealed more data to back up the movement to legitimize cannabis medicine, an important decision delivers some bad news to CBD companies looking to apply for trademarks, and a bust in California could set the tone for a surge in smackdowns.

The Morning Buzz presented by TRICHOMES brings you late-breaking news that tells you what’s happening within the cannabis industry.

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According to a new survey, a Majority of Healthcare Professionals Endorse Cannabis to Treat Chronic Pain over Opioids

According to survey data published in the journal Cannabis and Cannabinoid Research, nearly three in four licensed health care professionals in Washington state endorse the use of medical cannabis as a substitute for opioids in patients with chronic pain.

Researchers with the University of Washington School of Nursing surveyed a random sampling of actively licensed health care professionals legally permitted to provide medical cannabis authorizations in the state of Washington.

Of eligible respondents, 72 percent agreed with the statement, “Medical marijuana should be used to reduce the use of opioids for non-cancer pain.”

Commenting on the findings, NORML Deputy Director Paul Armentano said, “These opinions are consistent with those of other medical professionals throughout the United States, most of whom possess attitudes toward cannabis’ therapeutic efficacy that are incongruent with the federal government’s ‘Flat Earth’ position that marijuana is a substance without any accepted medical value.”

Over 80 percent of respondents expressed interest in receiving additional medical training with respect to cannabis – an opinion that is also consistent with prior surveys.

**Next, U.S. Trademark authorities have made a decision setting precedence that could affect CBD companies’ ability to register trademarks

As reported by HempToday, the U.S. Trademark Trial and Appeal Board has rejected an application from CBD maker Charlotte’s Web to register the trademark “CW,” saying it would violate the Food, Drug & Cosmetics Act (FDCA).

The board decision reads “the record shows that Applicant’s goods contain cannabidiol (CBD), an extract of the cannabis plant, that is regulated under the Food, Drug & Cosmetics Act (FDCA) as a drug,” and they ultimately rejected the application.

The TTAB said that while the Industrial Hemp Provision of the 2018 Farm Bill permits authorized entities to “grow or cultivate industrial hemp” under certain circumstances, it does not permit the distribution or sale of CBD in food while the substance is the subject of ongoing clinical investigation.

Charlotte’s Web had argued the product was exempt from the FDCA’s restrictions under the provision, a claim rejected by TTAB. The company had also argued that dietary supplements such as CBD are not “food” and therefore not subject to FDCA oversight. But the appeal board noted Charlotte’s Web identified its hemp oil extract as “an integral component of dietary and nutritional supplements” in its marketing, saying it therefore falls within the Act’s definition of food.

Other trademark registrations associated with cannabis have repeatedly been refused on similar grounds, because they cannot be “lawfully used in commerce,” the TTAB said, quoting previous rulings. In those decisions, the TTAB cited the U.S. Controlled Substances Act (CSA), which prohibits cannabis federally.

Other recent litigation regarding the legality of marketing and selling of CBD has been stayed based on the fact that guidance for CBD is expected soon from the U.S. Food & Drug Administration.

** And last up today, California Authorities are Cracking Down on Illicit “Farmers Market” Gatherings

According to MJ Biz Daily, an illicit gathering of buyers and sellers in Fresno, California, was broken up by the state’s Bureau of Cannabis Control and the city’s police department.

The action this week might have been the first of many raids on so-called “smoke sessions” that typically function as underground cannabis farmers markets. Alex Traverso, the BCC’s communications chief, confirmed that at least seven different vendors were identified during the July 14 raid.

In addition, authorities seized almost 40 pounds of flower, nearly 94 pounds of cannabis concentrates, a little over $2,000 in cash and six illegal firearms. The value of the confiscated goods totaled more than $700,000, the BCC posted on its Twitter account.

Neither the BCC nor the Fresno County District Attorney’s office had any immediate information regarding whether any arrests were made.

Traverso said a complaint filed with his office led to the raid, which is an indication that more actions of this type are likely amid a “broadening of the overall enforcement efforts.” “This shows a shift away from the norm” on enforcement against the state’s illicit market, Traverso said.

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