ACS Cannabis Panel

Caldwell’s Katie Rubino, Ed Mantilla, Tom Kiselak will be hosting an entire program dedicated to innovation in the growing cannabis market and intellectual property considerations at the 261st American Chemistry Society Fall 2021 meeting.

American Chemistry Society strives to provide a platform for chemistry professionals to share their ideas, connecting the world’s largest scientific society in the pursuit of advancing technology and the field. This Fall meeting, The Resilience of Chemistry, will feature a plethora of expositions, ranging from intergovernmental relations to nanoparticle-cell interactions.

Below, find out more about this program where Patent Attorney and Chair of Life Sciences, Katherine Rubino, and Patent Attorney, Ed Mantilla, and Patent Agent, Tom Kiselak, discuss IP Strategies for Cannabis Related Innovations, Recent Court Decisions Affecting Cannabis Law, and Cannabis Patent Trends.

Intellectual Property Strategies to Best Protect Cannabis Related Innovations

Current projections indicate that the cannabis industry will grow from $9.2 billion in 2017 to $47.3 billion in 2027. Protection of intellectual property in this space is critical, particularly as large entities have slowly started to break in. For example, Coca-Cola has been in talks with Aurora Cannabis to develop drinks infused with CBD.

Katie Rubino talks about the different types of patents available to cannabis products and the best strategies as how to protect cannabis innovations as this industry grows. To learn more click here.

Recent Court Decisions Affecting Cannabis Law

The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy regulating the manufacture, importation, possession, use, and distribution of marijuana-a member of the cannabis genus. Recently, the United States Supreme Court refused to hear a challenge arguing that the Schedule I classification of marijuana under the CSA is unconstitutional. Washington v. Barr, 925 F.3d 109 (2d Cir. 2019), cert.denied, 141 S.Ct. 555 (2020). Thus, regulation of the cannabis industry is a state activity.  Sixteen states, 2 territories, and the District of Columbia have laws legalizing the use of marijuana.  The lack of oversight at the federal level may result in regulations and court decisions that are often contradictory and vague not only for the possession and use, but also for the business of selling any product containing cannabis.  For example, is hashish (a cannabis resin) considered cannabis?  State v. Jones, 440 P.3d 1139 (Ariz. 2019).

Ed Mantilla’s presentation will address recent decisions in the law of cannabis. Decisions of interest at both the federal and state level will be discussed.