Marijuana Vaporizers Illegal under CSA

Reference is made to a case involving Canopy Growth Corporation as the Applicant.  arguments and results were comparable to another. In both cases, registration was refused.  The same goods were used and the decision made by the Trademark Trial and Appeals Board (TTAB) was not to register the products.

The Controlled Substances Act (CSA) categorizes and controls illegal drugs. It groups drugs into Schedules based on their medicinal value and potential for abuse.  According to the CSA, marijuana, which is contained in JUJU Rx and JUJU HYBRID, is considered to be a Schedule 1 drug.  This means that it does not have a readily legitimate medical purpose and is highly addictive.  It is recognized as an illegal substance and is considered unsafe for use. As a result, the applicant cannot use its mark lawfully when transacting business.

CSA defines marijuana as “all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.” 21 USC 802(16). It is a controlled substance and it is illegal to produce, distribute, dispense, ingest, inhale marijuana or be in possession of any of its intended equipment.

The Applicant tried to argue a case for obtaining federal trademarks. Firstly, in reference to another case, JJ206, the Applicant believed that the intended use of marijuana was lawful, but the Board rejected it, quoting the federal CSA regulations.  Secondly, in comparing their vaporizer with e-cigarettes, The Board found that JUJU RX and JUJU HYBRID were against the law, while the e-cigarettes were not. Thirdly, the Applicant tried to argue for jurisdiction but was informed that CSA overrules the Cole Memorandum which was later reversed.  Lastly, Canopy Growth was reminded that in order to obtain federal registration, there must be recognition of the lawful use of the product.

As a result of the above, the case was dismissed and the registration of theJUJU RX andJUJU HYBRID vaporizers was refused for marijuana vaporizers, under Sections 1 and 45 of the Trademark Act.