(Washington Post)
The Hershey Co. has filed a trademark suit against an edible marijuana company for selling weed-infused snacks with packaging that mimics some of Hershey’s signature candies.
In the lawsuit, filed last week in U.S. District Court in Denver, Hershey claims that the Colorado-based medical marijuana manufacturer Tincture Belle is selling products that look suspiciously like its Reese’s, Heath, Almond Joy and York Peppermint Pattie brands.
Not only are the products packaged in similar colors as the Hershey originals, the candy-making giant contends, their names are also reminiscent of their analogs: Hashees, Hasheath, Ganja Joy and Dabby Patty.
Hershey says that the packaging is not only a clear trademark violation, but also a safety risk to consumers — especially children — “who may not distinguish between Hershey’s candy products and defendants’ cannabis- and/or tetrahydrocannabinol-based products.”
Although recreational and medicinal marijuana sales are legal in Colorado, the burgeoning edible pot industry has raised some safety concerns.
In April, a Denver teen plunged off a balcony after eating six times the recommended amount of a marijuana brownie. And another man was accused of killing his wife in a hallucinatory episode after eating marijuana candy and rolling a joint, according to CBS News.
New York Times columnist Maureen Dowd’s own encounter with a caramel-chocolate flavored candy bar prompted her to argue in her column for greater regulation of the edibles industry.
It appears that Tincture Belle’s Web site and Facebook page are down. But according to the Associated Press, the products can be found in Colorado’s pot shops and medical marijuana dispensaries.
According to Tincture Belle, their pot products are gluten-free, vegan, sugar-free, GMO-free and peanut-free — although they do come with a hint of imitation.
(Thanks to Abby Philip for original post in Washington Post)
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THE TIDE HAS TURNED
Great article from Josh Voorhees, our favorite SLATE contributor
Courtesy of Slate –
An overwhelming majority of Americans believe that the legalization of marijuana is inevitable. We’ll soon find out if they’re right.
Voters in Alaska and possibly Oregon will decide this November whether their states will join Colorado and Washington in legalizing the commercial sale and recreational use of pot. Similar initiatives are at varying stages in more than a half-dozen other states—Nevada, Arizona, and California among them—where advocates are looking toward 2016, when they hope the presidential election will turn out enough liberals to push those efforts across the finish line. All told, more than 1 in 5 Americans live in states where marijuana use has a legitimate chance to become legal between now and when President Obama leaves office.
It’s not just at the ballot box where the pro-pot crowd is putting points on the board. Lawmakers in at least 40 states have eased at least some drug laws since 2009, according to a recent Pew Research Center analysis. According to the Marijuana Policy Project, proposals to treat pot like alcohol have been introduced in 18 states and the District of Columbia this year alone. Meanwhile, 16 states have already decriminalized marijuana, according to the pro-pot group NORML—Maryland will become the 17th in October. In large swaths of the country getting caught with a small amount of weed at a concert is now roughly the same as getting a speeding ticket on the way to the show. While not leading the charge, the Obama administration is allowing states the chance to experiment. The feds have given a qualified greenlight to Colorado and Washington to dabble in recreational weed, and have even taken small steps to encourage banks to do business with those companies involved in the quasi-legal pot trade.
Given this momentum, it’s not difficult to see why 75 percent of Americans—including a majority of both those who support and those who oppose legalization—told Pew pollsters in February that they now believe it’s a matter of when, not if, the nation’s eight-decade-long prohibition of pot ends. The question is: Are they right?
This moment isn’t the first time that the United States appeared on the cusp of legalization. After steep gains in popular support during the early and mid-’70s, support for legalization climbed to 30 percent in 1978, only to plummet back into the teens the following decade as Baby Boomers became parents and Jimmy Carter’s pro-decriminalization administration gave way to Ronald Reagan’s war on drugs. “This was supposed to be inevitable then,” says Kevin Sabet, a legalization opponent and former Obama drug policy adviser who helped found Smart Approaches to Marijuana after leaving the administration. “No one could have predicted that [support]would have been wiped away so quickly.”
The pro-pot crowd isn’t ready to declare victory either. Ethan Nadelmann, who heads the Drug Policy Alliance and has spent decades in the reform trenches, says he’s of two minds when he thinks about the future. “On the one hand we have this extraordinary momentum,” he says. “On the other, public opinion can be fickle and marijuana is not going to legalize itself.”
While such caution is reasonable, it’s obvious that things are different now than they were 40 years ago, when then-record levels of support for legalization were good for little more than a vocal minority. It wasn’t until 2013 that a majority of Americans said for the first time that they supported making it legal to use weed. Support now stands at 54 percent in the most recent Pew poll, 23 points above where the legalization effort stood as recently as 2000 and 13 points higher than in 2010. Even those fickle Baby Boomers are back on board, with 52 percent now in favor—5 points more than that generation’s 1970s-era high. Meanwhile, each passing year brings us an electorate more familiar and less fearful of marijuana.
It’s not just a matter of shifting demographics. There’s also the fact that voters have increasingly gotten an up-close look at state-legal weed in the form of medical marijuana. Twenty-one states and the District of Columbia have legalized pot for medicinal purposes to varying degrees since California became the first to do so almost two decades ago. Voters in Florida are set to decide later this year whether they want to join that group, something that would give advocates their first voter-referendum victory in the South. (Florida law requires at least 60 percent support, however, making it a heavier lift than it has been in other states.)
Some pot opponents warn that medical marijuana serves as a Trojan Horse for the larger legalization movement, but that argument relies on Americans believing that the dangers of possibly legalizing recreational weed tomorrow outweigh the benefits of actually prescribing it to cancer patients and others in need today—a viewpoint shared by a diminishing number of Americans. While 54 percent of respondents told Pew they thought “the use of marijuana” should be made legal, things were more complicatedwhen the question changed from a simple yes-or-no to one where people were asked to pick between three choices: 39 percent said that pot “should be legal for personal use”; 44 percent said it “should be legal only for medicinal use”; and 16 percent said it “should not be legal.” Still, the answers to the original question—“Do you think the use of marijuana should be made legal, or not?”—suggests in an all-or-nothing environment, most Americans choose the former.
Regardless, medical marijuana has already served as stepping-stone for states that have or are considering regulating the sale and use of recreational pot. In Colorado, where retail stores opened their doors on New Year’s Day, advocates were able to point to the state’s tightly regulated medical market, approved by voters in 2000, to allay fears that the state couldn’t regulate a marijuana market from scratch. To date, Colorado regulators have delivered on those promises, building a relatively hiccup-free commercial market on the back of the medical marijuana industry. (Things in Washington, where the medical market is unregulated, have proved a good deal more complicated. Residents are still waiting for the first retail stores to open 19 months since the 2012 vote.)
Medical marijuana has become so relatively uncontroversial that late last month the House of Representatives shocked almost everyone when a bipartisan majority voted to block the Drug Enforcement Agency from pursuing medical marijuana operations that are legal under state laws. “Watershed is probably too strong of a word,” says Nadelmann of the unexpected vote for a bill that had repeatedly stalled in the same chamber for the last decade, “but it was pretty close.”
Legalization in theory is different than legalization in practice, and an unforeseen disaster in Colorado or Washington—be it from the production of hash oil or the next time a New York Times columnist overindulges in baked goods—could always affect public opinion. Colorado Gov. John Hickenlooper, a Democrat who opposed his state’s 2012 legalization initiative, for one, has warned his fellow governors to take a wait-and-see approach to their own state’s legalization efforts. But it’s looking increasingly like the voters may not be so patient if given the choice.
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Jerry Brown
California Governor Jerry Brown had some surprising things to say about his State legalizing marijuana. And we had some surprising things to say back! -
Higher Ground: Weed in the Rose Garden
The legalization battle arrives at our nation’s capital.
Every single day there’s breaking news in the marijuana movement. Alaska officially legalized weed on February 24, making it the fourth state in the Union to toss aside the chains of prohibition, and the next day, at the stroke of midnight, our nation’s capital, Washington, D.C., followed suit. #CommanderInSpleef!
But if ya think the “Just Say No” Nancy Reagan types are gently stepping aside, and the taxation and regulation of cannabis are going along swimmingly, you’ve been smoking too much of the recently legalized chronic.
In the District of Columbia, an hour before the city officially made recreational ganja legal, Republicans in the House of Representatives tossed a little fear-mongering into the mix.
“You can go to prison for this,” Rep. Jason Chaffetz (R-Utah) told The Washington Post—and the citizens of D.C. who overwhelmingly approved the initiative. ”We’re not playing a little game here.”
Reps. Chaffetz and Mark Meadows (R-N.C.) sent a memorandum to D.C. Mayor Muriel Bowser, threatening that if the city chose to move forward with pot in the District, “you will be doing so in knowing and willful violation of the law.” The right-wing reps were trying to nullify legalization—and the will of the people—through riders they’d previously attached to the unrelated trillion-dollar Congressional spending bill.
The letter went on to demand that Bowser create a list of all D.C. employees who participated in the enactment of the ballot measure, fork over their timecards, and share their salaries, apparently in an effort to create a sort of Green List. Joe McCarthy would be so proud.
Bowser’s no pushover (hell, in D.C., mayors often smoke crack just to deal with the toughness of their constituents); she let the world know she would do what more than 70 percent of her residents made clear they wanted when they passed the measure last summer. “My Administration is committed to upholding the will of DC voters,” she tweeted. “We will implement Initiative 71 in a thoughtful, responsible way.”
Police Chief Cathy Lanier is also on board, telling the American News Women’s Club, ”All those [marijuana]arrests do is make people hate us.” She added, “Marijuana smokers are not going to attack and kill a cop. They just want to get a bag of chips and relax. Alcohol is a much bigger problem.”
D.C.’s decriminalization law is a particularly big deal because of the massive racial biases behind marijuana arrests in the city. According to the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, nine out of 10 people arrested for drug offenses in D.C. between 2009 and 2012 were black. And while blacks make up slightly more than half of the city’s population, surveys show they’re no more likely than whites to use marijuana. The craziest fact of all, according to The Washington Post: White folks are more likely than any other race to be selling drugs. Let’s just say it loud and clear: The War on Drugs is a war on black Americans.
Beyond that, the new D.C. law is largely symbolic, as sales of any kind are not allowed (which also means they won’t be collecting any of those sweet tax dollars). Individuals are allowed to possess and cultivate up to six plants, but only three can be budding in the government’s backyard at a time. District residents can’t fire up on federal land (yes, that means the Lincoln Memorial), in bars or restaurants, or in public housing. Medical marijuana is allowed (it was passed in D.C. in 2010), and if you’re feeling particularly generous, you can “gift” an ounce to friends, family, and fellow residents, so long as they’re over 21. (“Mr. Speaker, I hereby offer this peace-doobie to break the gridlock . . . ”)
The road to national legalization will be paved with setbacks, scare tactics, and a social conversation about what it means to be high. As with moonshine, civil rights, and same-sex marriage, we’ll have to tinker a bit to get it right. Nebraska and Oklahoma are taking Colorado to the U.S. Supreme Court, claiming legalization is causing massive drug-enforcement problems, with too many pickups full of Denver ganja entering their backyards. Last week all nine former DEA heads joined the brief. It points to red state/blue state differences, and serves as yet another reminder that, yes, marijuana is still illegal at the federal level.
But in a sign that we can all get along, a man walked into the Sixth District police station in D.C. last Monday and asked for his previously seized weed back. (He’d been arrested for a charge unrelated to drugs, and, along with a belt and a wallet, had his stash taken during processing.) As possession of two ounces or less is fully legal, an officer gave him his baggie of marijuana. Progress, apparently, comes in small doses.
This article first appeared in The Seattle Weekly.
