Saturday, January 30, 2010

Legal Marijuana trademark and second hand smoke laws

When President Obama announced that the Federal Government would honor States rights and not interfere with California’s medical Marijuana stores, he quietly opened the door for what may become one of the most lucrative new industries in America.

President pothead approves - via Superpoop

Whichever State becomes the first to legalize Marijuana will reap billions of dollars in revenue as hippies from all over America descend upon their soil.

I’m convinced that it will happen eventually, but I wonder how the law is going to accommodate pot smoking?

To learn more about this, I needed to consult an industry expert, and I was able to find a real hippie to teach me more about this burgeoning market:

I consulted an industry expert

Legal Marijuana and second hand smoke laws

California is a strange place. They claim to be liberal and tolerant, yet they are known for their Nazi-like intolerance for second hand smoke.

It’s ironic that you will be able to light a spliff in a closed elevator, but God help you of you light a cigarette on a windy beach . . .

In California that don’t allow people to smoke in their car and in some places, you cannot smoke a cigarette in your own backyard!

Here is an actual “pot smoking only” sign that I photographed in Amsterdam during our market research at the Amsterdam coffee houses.

A "pot smoking only" sign

Trademark issues with legal Marijuana

Once pot becomes legal, there will be trademark brand names.

I remember the urban legend from the 1960’s that the tobacco companies had trademarked brands of marijuana, and I wondered it it was true, so I checked the U.S. Trademark office online search.

Here is the US trademark search , and a quick search for likely Marijuana Brand Names like “Reefer” but there were no drug-related trademarks!

I also searched “Acapulco Gold”, only to find tanning lotions, and searching for “Panama Red”, only yielded coffee and chewing tobacco trademarks.

I wonder of existing Marijuana brand names will get precedence, like the “Reefers”
brand of Pot that is sold at the Bulldog Café in Amsterdam?

The "Reefers" brand marijuana pack in Amsterdam

Mr. Hippie told me that they will have filtered marijuana and menthol marijuana too, just like cigarettes, but much smaller in size. He says that today’s reefer is over 100 times more potent than the 1960’s weed and the legal marijuana cigarettes will be very small, only a few inches long:

Manufactired marijuana cigarettes will be short and flared

It's going to be interesting toi see how this plays out, when pot becomes legal and States struggle with a whole new set of rules and laws.