If US Court Says Delta-8 Product Is Lawful And Trademark Valid, Will Federal Agencies Listen?
Recent 9th Circuit ruling upheld granting a firm preliminary injunction stopping competitor from using its trademarked brand for delta-8 THC products. Ruling generally runs counter to USPTO policy against accepting trademark registrations for hemp or cannabis products and specifically counters FDA stance delta-8 doesn’t meet definition of hemp under 2018 farm bill.
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Reference in report accompanying House Appropriation Committee bill for FDA FY2023 budget isn’t binding and wasn’t appropriators’ first mention of agency’s response to de-scheduling hemp as a controlled substance. But their ’ statement was more pointed than in previous appropriation reports.
Announcement and warnings, in addition to noting firms’ violative drug and disease claims, explain differences between delta-8 THC and other hemp-derived cannabinoids intended for de-scheduling as controlled substances in 2018 farm bill.