Marijuana Law, Policy, and Authority

June, 2021

The PTO has Overstepped its Statutory Authority in Refusing to Register Trademarks for Marijuana

The title of this post is the key takeaway of a new article I have recently posted on SSRN: Robert A. Mikos, Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law, 75 Vand. L. Rev. __ (forthcoming January 2022). Here is the abstract: For decades, the United States Patent and Trademark Office (PTO) has…

Posted by on June 23, 2021 in News, Updates, , , , , , , , , , , , , ,


Three Federal Courts (So Far) Have Held That State Residency Requirements for Cannabis Licenses (Probably) Violate the Dormant Commerce Clause

Federal courts in Michigan and Missouri have just issued rulings in lawsuits challenging those states’ residency requirements for cannabis licenses. Both courts found that the plaintiffs were likely to prevail on the merits of their challenges. In particular, both courts held that using residency to award cannabis licenses probably violated the Dormant Commerce Clause (DCC). The…

Posted by on June 22, 2021 in News, Updates, , , , , , , , , , , , , , ,


New Article on How Biden Administration Should Respond to State Psilocybin Legalization

On April 30, 2021, the Illinois Law Review posted a wonderful collection of essays commenting on President Biden’s First 100 Days. Contributors covered a variety of topics. The full collection of essays is available here. Jason Mazzone graciously asked me to lend my voice to the volume, and I decided to advise the Biden Administration…

Posted by on June 16, 2021 in News, Updates, , , , , , , , ,


Did Federal Judge Give Oklahoma a Free Pass to Violate the Constitution?

On June 4, 2021, a federal judge dismissed a lawsuit challenging Oklahoma’s residency requirement for commercial cannabis licenses. The full decision in Original Investments v. Oklahoma is here: Original Investments v. Oklahoma (W.D. Okla. June 4, 2021) (it’s only about 5 pages long). The suit claimed that Oklahoma’s residency requirement violated the Dormant Commerce Clause (DCC). The…

Posted by on June 10, 2021 in News, Updates, , , , , , , ,


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