WeedLife News Network

It's been over a year since the 2018 Farm Bill legalized the commerce of hemp and CBD. Yet, CBD is still not regulated as a dietary supplement by the FDA.

This may come as a surprise to many people who’ve already incorporated CBD into their lives. Among the 14 percent of Americans who use CBD, most believe those products are FDA regulated. 

The FDA wants to regulate CBD, too. Over the past five years, the agency has issued reports to Congress on their assessment of the marketplace and CBD's safety. They've also issued dozens of warning letters to companies mislabeling their products. 

Still, the FDA still hasn’t issued formal regulations for the CBD industry. Why?

CBD is the new kid on the block

There are many factors at play here. The biggest reason is that CBD is simply very new. In its current form, CBD is considered a New Dietary Ingredient (NDI), and the review process is slow for NDI notifications. This process may include conducting lab tests and research studies, submitting data to the FDA for evaluation, and potentially many rounds of feedback and revisions. 

Federal trademark registration is viewed as an attractive form of property-rights protection for most industries. The benefits of such a registration are numerous.

A federal trademark registration serves to recast what would normally be localized common-law trademark rights into nationwide trademark rights. It provides the owner with the right to use the ® designation, to enforce the owner’s rights in federal court, and to file the trademark registration with U.S. Customs to block infringing imports. A federal registration also provides a basis for registering the trademark in foreign countries and jurisdictions.

Unfortunately, members of the cannabis industry have faced an uphill battle when trying to protect their brands on the federal level.

This article will focus on strategies for protecting trademarks used on CBD products, which may be grouped into two categories: marijuana-derived CBD products and hemp-derived CBD products.

Sometimes, emotions are like fireworks, suddenly exploding into colourful arrays, spilling down into every facet of life. Talk to any woman who has fluctuating hormone levels and she’ll tell you that feeling unbalanced or “out-of-whack” is something that she wishes never occurred.

Scientists have long been looking into the link between hormone imbalance, early menstruation and quality-of-life. While not solely caused by environmental factors (some of these are genetic or induced by thyroid problems or stress) hormone imbalances can affect mood, weight gain, hair loss and pain levels.

While both men and women are susceptible to hormone fluctuations, according to the Between the Bridges Healing Center, “Women experience hormonal imbalances at key transitions in their lives, for example, puberty, childbirth, perimenopause and menopause.”

Amanda Holmberg-Sasek, a therapist at Radiant Living Therapy in Plymouth, Minn., says she often sees clients who are experiencing the effects of hormone imbalance and its direct connection to a healthy sex life.

“Working with the psychological effects of hormone imbalance can really help make big changes in and out of the bedroom,” Holmberg-Sasek explained. Often a cause of dysfunction in relationships, she believes having a conversation is the first step to feeling and communicating more effectively with your partner.

One of the biggest threats facing CBD companies? Survival. CBD is already projected to hit over $16 billion in sales by 2024, so it's not surprising that there are over 3,000 brands in the market, hoping to ride the wave of success and reap the rewards.  

But there is a big problem. While there is a high level of consumer interest, the market has reached a saturation point. And yet, CBD remains a nascent category, and the continuum of consumer knowledge is breathtakingly wide. Yes, there are many consumers who are self-educated and knowledgeable, but the opportunity for brands to scale is to connect the dots for new consumers and bring them along.

The pace that the industry has scaled has provided oceans of data on millions of potential consumers. Thanks to Big Data, AI, and predictive analytics, we can finally start to make sense of it all, gathering insights that allow us to eliminate guesswork and target the right audiences. 

Clutter and confusion

Consumer interest in CBD has grown over 100 percent year-over-year for the last few years, and while the pandemic has slowed industry growth, CBD is here to stay. Search volumes at the beginning of the pandemic for “best CBD for anxiety” showed an increase of 250 percent according to Google Trends. 

However, all of this interest also creates confusion for consumers. Many brands market based on the potency of CBD or the process of extraction, neither of which most of the general public understands. Too many CBD websites market with images of sunny landscapes and green fields, all of which feel undifferentiated. Some bad actors go as far as to make false claims of health benefits, or they market products that may not even contain quality CBD. For a CBD-curious consumer, it can be a daunting task to cut through it all.

With the legalization of hemp at the federal level with the passage of the 2018 Farm Bill, it wasn’t long before a new industry based on the increasing popularity of cannabidiol began to take root across the country. But the growth of that industry is at risk in Indiana and Texas, where bans on hemp flower threaten the livelihoods of farmers and small business owners alike.

Though Texas lawmakers legalized the production and sale of hemp in its last legislative session, the state has now created a framework that essentially bans the sale of “smokable” products.

Edible goods, tinctures and topicals remain okay under the new program. But farmers and cannabis activists alike have voiced concern that lawmakers violated the scope of the original legislation.

Today, the Office of Marijuana Policy, a part of the Maine Department of Administrative and Financial Services, unveiled plans for the issuance of Maine’s first active licenses for adult use marijuana establishments. The Office intends to issue the first active licenses to recreational cannabis businesses on Tuesday, September 8, 2020. Retail sales of adult use marijuana to consumers 21 years of age or older will be permitted starting on Friday, October 9, 2020.

The issuance of active licenses will continue the Office of Marijuana Policy’s structured rollout of Maine’s nascent adult use industry, which had been indefinitely postponed in April in response to the COVID-19 pandemic.

“The public’s health and safety are at the forefront of every decision we make at the Office of Marijuana Policy,” said OMP Director Erik Gundersen. “While we were poised to launch this new industry earlier this year, we were unwilling to sacrifice the high standards we have set for this program by launching during an emerging public health pandemic and in the absence of a testing facility. With the support of the public health community, municipalities across the state, and the industry we regulate, we have used the last few months to ensure this new industry is introduced to Maine consumers in a manner that is as responsible as possible.”

Active licensure is the culmination of a three-step application process which also includes conditional licensure and local authorization, respectively. An active license is required for adult use establishments to come into possession, process and sell adult use marijuana, including initiating plant transfers from Maine’s existing medical marijuana program.

It is expected adult use licensees will utilize the time between active licensure and Maine’s retail sales launch date to harvest and process marijuana, ensure those products satisfy the mandatory testing requirements, and move product through the supply chain to stock retail store shelves. Additionally, businesses which will conduct retail sales will prepare to implement and support social distancing and other public health guidance at a time when public interest may attract a significant consumer presence to their retail locations.

There’s a lot of misinformation and exaggeration regarding the benefits of CBD. Here are some conditions that the compound can help alleviate.

Despite the incredible popularity that CBD has amassed over the past couple of years, there’s a lot that scientists and experts still don’t know about the compound. While it’d be great if CBD could do all of the things many companies promise it does, it’s a compound like any other, with its fair share of limitations. It’s also one that stands on rocky legal ground, meaning that it needs much more research in order for us to get a clearer picture of what it does and how it functions with our bodies.

While there’s a lot of misleading marketing regarding a large percentage of CBD products, there are a few benefits that have been associated with CBD and that have some scientific support. Here are three conditions that CBD can actually treat and provide relief from:

Epilepsy 

Photo by KATERYNA KON/SCIENCE PHOTO LIBRARY/Getty Images

The most significant results that support medicinal CBD oil show that the compound is effective at treating seizures and rare forms of epilepsy. In 2018, Epidiolex, an oral CBD medicine, was approved by the FDA. The drug can be used to treat two kinds of epilepsy: Dravet syndrome and Lennox-Gestault syndrome. According to the research, it’s believed that CBD helps suppress seizures by decreasing inflammation in the brain and thus slowing down the messages that it’s receiving.

The designation of the cannabis business as essential caught some states and some state officials off guard. 

It was a classic watershed moment when 20 of the 33 states across the U.S. that allowed some form of sale and consumption of marijuana had those businesses designated as essential businesses in March during the early days of the coronavirus outbreak. 

And while that designation of what is “essential” was just an advisory from the Department of Homeland Security, and not a federal directive or standard, meaning that it’s open to wide interpretation by various jurisdictions, cannabis advocates jumped on the opportunity in March to remind state governors about the importance of the cannabis industry. 

A letter from the Marijuana Policy Project states that governors and legislative leaders played up the significance of access to medical cannabis in times of a pandemic: “As leaders of states with medical cannabis or cannabidiol (CBD) laws, we write to urge you to ensure patients can safely access their treatment option in a way that is consistent with public health. Cannabis is a crucial part of the treatment regimens of hundreds of thousands of individuals, including many who have vulnerable immune systems because of their advanced age or a serious medical condition.” 

The designation of the cannabis business as essential caught some states and some state officials off guard. 

Cannabis shouldn’t create anxiety. Depending on the strain you use, it should ease anxiety, so let’s start there.

As marijuana’s popularity spreads, more people are open to trying it. Perhaps they’ve heard that their medical condition is eased or treated by medical marijuana. Maybe it’s simply time to try something other than a glass of wine at the end of the day. No matter the reason, it’s important to get the dosage right.

The thing is, like most mind-altering substances, cannabis effects people in different ways. And with the myriad of choices as to how one can imbibe, it can become complicated. Cannabis shouldn’t create anxiety. Depending on the strain you use, it should ease anxiety, so let’s start there.

Indicas, Sativas And Hybrids 

These are the three types of marijuana plants that are harvested. Indicas are known for sedation and appetite stimulation, while sativas create more of a “heady” high: cerebral, creative and more active. A hybrid is a cross between sativa and indica and many people new to pot start with a hybrid. Though it’s sativa dominant, a very good strain for newbies is Jack Herer. Its uplifting high is a good start for almost anyone. If you’re looking for something more indica dominant, Bubble Kush is a very popular choice.

Ways to get cannabis into one’s system vary. From smoking, vaping, and dabbing to edibles, tinctures and topicals, it can be tough to know where to start. Especially if the newcomer is enthusiastic. The best advice is don’t try everything at once, because you may freak out. The biggest risk with marijuana is the potential panic attack from being “too high.” It’s easily avoidable, however, if you just follow a few rules.

The cannabis industry is no stranger to automation.

Connected sensors that monitor temperature, humidity and soil conditions help achieve optimal grows; trimming and bucking machines are commonly used for processing; curious consumers can receive advice from medical chatbots; and, increasingly, automated budtenders are popping up in dispensaries and other locations.

That was the case last week in Colorado, where “anna”, an automated weed vending machine, made its debut in a Strawberry Fields dispensary in Pueblo, reports the Denver Post. The machines will also be heading to Starbuds, a second Colorado-based dispensary, later this year.

“There are experienced cannabis customers who don’t necessarily need that one-on-one interaction with a budtender,” Matt Frost, founder and CEO of anna, told the Post. “They know what they want before they walk in, they’re ready to go in and out. By doing this, we’re giving more time back to the people who do need hand-holding and want that education from a live person.”

Four machines are up and running at Strawberry Fields. Customers need to show identification to an employee before they can access the machines, which come equipped with a real-time touchscreen menu of what’s available in the dispensary, and allow consumers to pay with cash or card, before dispensing the item. Customers can also place orders ahead of time using the anna app.

Vice President Mike Pence took to Lou Dobbs Tonight on Fox News earlier this week to gripe that Democrats were attempting to include legislation related to marijuana and banking in the latest coronavirus relief bill.

"I heard the other day the bill mentions marijuana more than it mentions jobs," Pence said to Dobbs. "The American people don't want some pork-barrel bill coming out of the Congress when we've got real needs for working-class families."

Maybe he's trying to remind everybody that Joe Biden isn't the only vice president who's still resisting marijuana legalization?

There are two ironies here. First, the bill Pence is complaining about makes it possible for cannabis businesses to safely engage in banking in states where cannabis is legal, which helps those "working-class families" who rely on the cannabis industry. Second, the bill he's referring to will actually save taxpayers money, unlike much of the rest of this relief legislation.

The "Secure and Fair Enforcement Act of 2019," a.k.a. the "SAFE Banking Act," would allow legally operating cannabis businesses to have the same legal access to banks, loans, and deposit protections as other legal businesses. Because the sale and possession of marijuana are still forbidden by federal law, banks are reluctant to have any dealings with dispensaries and growers, even when they're legally operating within their home states.

Do you wonder if medical marijuana can help you feel better? You aren’t alone! Many people with lung cancer consider whether or not medical marijuana can make them feel better as a complementary therapy, alongside a prescribed treatment course. The answer is it certainly could… but like all diagnoses, it’s an individual matter and there’s no one-size-fits-all approach that works for everyone.

From a medical standpoint, “there’s very little clinical data” on the topic, Dr. Edward Garon, a medical oncology and hematology specialist at Ronald Reagan UCLA Medical Center, told SurvivorNet. “It is an area where there is some preclinical data, such as animal data, but not a lot of data on humans, that would be sufficient for clinical evidence for us to recommend it to people.”

So let’s break down how medical marijuana works, explore why it works, and what doctors say about it based on what they do know at this time.

It is important to understand why marijuana can be so helpful for symptoms of cancer and its treatments. First, it’s both an anti-inflammatory and a pain reliever. “When you take plant-based cannabis, marijuana, you’re decreasing inflammation, and you’re relieving pain at the same time,” Dr. Junella Chin, an integrative cannabis physician in New York, told SurvivorNet.

Dr. Garon says, “In general, we have always advised patients diagnosed with lung cancer, not to smoke anything.”

Have you ever wondered why you have butterflies in your stomach when you are stressed? Or why you run to the bathroom before speaking in front of an audience? These are clear examples of how your gut responds to stress. There is a gut-brain connection that links the nervous system to the digestive system.

There are two competing components to your nervous system: the sympathetic and parasympathetic systems. The sympathetic system is the “fight or flight” response. This system kicks into gear when you have to speak publically, meet a deadline, or exercise. The sympathetic system causes your pupils to dilate, heart rate to increase, blood pressure to rise, and body to sweat. 

The parasympathetic system helps you digest your food, sleep, dream, and relax. Especially during these stressful times, many of us are living in a perpetual state of “fight or flight.” We are overworked, exhausted, and anxious about what the future holds. This constant state of “fight or flight”  results in digestive ailments such as bloating, irregular bowel movements, acid reflux, and rapid weight gain/loss. Overexertion on the sympathetic system may also cause a decrease in blood flow and oxygen to the stomach, which can lead to cramping, inflammation, or an imbalance of gut bacteria.

The ever-increasing importance of the ECS system

The endocannabinoid system, or ECS, is a vast and essential system that modulates and interfaces with all of the other systems throughout your body. It regulates physical functions, such as movement, pain sensation, and immune responses, as well as cognitive or mental capacities, like perception, mood, and memory. The ECS naturally produces cannabinoid-like molecules that stimulate the body's cannabinoid receptors. These receptors are in many areas of the body, such as the brain, muscles, and gastrointestinal (GI) tract. 

Why and how does CBD affect the nervous system? 

Did you know that our brains make their own internal cannabis molecules (endogenous cannabinoids)? Anandamide (named after the Sanskrit word for bliss, ananda), helps temper stress and balance the nervous system, so we are not spiraling out of control on high sympathetic overdrive. Sympathetic overdrive takes a toll on the body that can eventually lead to a state of adrenal fatigue if left untreated. Adrenal fatigue causes everything from a compromised immune system to a decreased ability to handle stress to and memory problems. 

There has never been a more crucial time to automate your cannabis operation. With the COVID-19 crisis settling in for the long haul, businesses are starting to think about how to increase efficiency and profit, while operating a facility safely and comfortably for workers and managers.

As the cannabis sector becomes more competitive, the margins get tighter, and the manufacturing and production environment encounter new challenges, businesses must embrace automation to survive.

Need convincing? Here are the top five reasons to automate your cannabis business now.

How Will This Big Issue Affect Pot Stocks

As we’ve seen in 2020, the demand for marijuana has shot up dramatically. For anyone who watches the cannabis industry, they know that this demand rise is due solely to Covid-19. But, with so much marijuana demand one would think that the cannabis industry is headed in the right direction. And for the most part, this is true. Since mid-March, pot stocks have seen a major amount of growth in their share prices. And, estimates for the future worth of the cannabis industry are continuing to go up.

With a plethora of cannabidiol (CBD) beverages in the marketplace, it surprises some to learn they are technically illegal. It is not a gray area, nor is it something some states allow. They are illegal, but they are out there. In fact, the CBD drink category had more new product introductions than any other no-alcohol, ready-to-drink beverage category in the first quarter of 2020, according to Beverage Marketing Corp.

Derived from hemp or marijuana, both part of the herbaceous flowering plant known as Cannabis sativa, CBD is a non-psychoactive compound known for its health and wellness properties. Consumption is associated with relaxation, pain relief, improved sleep, positive mood, better memory and stress response. It is not to be confused with delta-9-tetrahydrocannabinol (THC), the compound responsible for the feeling commonly referred to as “stoned.”

In the United States, as of Dec. 20, 2018, hemp-derived cannabis ingredients with less than 0.3% on a dry weight basis of THC may be sold in commercial consumer products such as tinctures or extracts. The US Food and Drug Administration does not recognize CBD as a food or beverage ingredient nor as a dietary supplement; however, the agency is currently not stopping its use in most cases, and innovators are taking their chances.

“The CBD-infused beverage market is currently in limbo as the federal government has yet to issue final guidelines on whether CBD is permissible in food and drink, and, if so, at what dosages,” says Gary Hemphill, managing director of research at Beverage Marketing Corp. “Initial hearings were held in spring 2019, but there still has been no guidance, hampered not only by the inherent slowness of government but also other issues taking obvious priority.

“A recent FDA report seemed to splash further cold water on the segment, claiming that about half of products contain more than 0.3% THC by dry weight, but are not identified as containing THC on labels, and that a majority of the products it tested contained either 20% less or 20% more CBD than what is stated on labels.”