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HERSHEY SUES EDIBLE MARIJUANA CO. OVER EDIBLES (AND REEFERS PEANUT BUTTER CUPS)
(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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Higher Ground: The Stusser Omnibus Marijuana Bill
A modest proposal to head off the awful Senate Bill 5052.
Last week, three U.S. senators introduced a bill that attempts to amend many of the outdated medical-marijuana conundrums at the federal level. The bill would end the prohibition of medical marijuana, reclassify the plant from its current designation as a Schedule 1 narcotic (a status that suggests no medical value and high potential for abuse), and allow for more cannabis study and research. While the bipartisan bill doesn’t have a snowball’s chance in hell of passing, it’s a great conversation starter.Inspired by those ballsy senators—and in fear of the awful Senate Bill 5052 that is currently wending its way through Olympia—I’ve decided to take my own shot at solving Washington state’s own clusterfuck. So without further ado, I present the framework of my own Omnibus Marijuana Bill.
Let my people grow! I mean, really. Every other state that’s legalized marijuana has allowed citizens to grow for personal use, and we should too. It’s a no-brainer. Put a limit on the number of plants per person (six per adult, perhaps, or higher if used for medicinal purposes), and, like tomatoes and snap peas, allow folks to play in the garden. (Probably not a great plant for community pea patches, but fab for collective gardens for medical patients, many of whom are too sick to tend to the crop themselves.)
Regulate medical dispensaries. The state estimates that there are more than 1,000 dispensaries, operating all willy-nilly. While many are clearly fly-by-night operations that don’t check ID, a good number have been instrumental for decades in helping the medical community find strains and products and oils that help patients. So it just makes sense that any longstanding, established dispensary should be allowed to continue operating. Hell, I’ll pick a random number that can be allowed: 420.
No medical registry. The bill from Republican Sen. Ann Rivers that the state Senate just passed calls for the creation of a statewide registry for medical patients. Puh-lease. Patients don’t fear putting their names on the dotted line because they’re faking their illnesses to get cheaper weed, but because admitting to a felony at the federal level is a pretty bad idea. Patients can lose their jobs and have their children taken for this kind of admission. No registry.
Whack the taxes. Right now there’s a triple-decker tax structure in place: Recreational weed is hit with a 25 percent tax when it moves from farmer to processor, then again from processor to retailer, and again to the end customer. Pretty much everyone agrees a single tax is the best idea here—so pick a single sin-tax percentage and go with it. Too high, though, and I’m staying with my dealer.
Medical cards. Any patient with a qualified doctor who recommends (not prescribes) marijuana to alleviate suffering for terminal or debilitating conditions such as cancer, epilepsy, PTSD, and chronic pain should be allowed to purchase it tax-free at licensed medical dispensaries, just as citizens across the country (except Illinois) can receive their tax-free prescriptions for Ambien, Valium, Prozac, and whatever that purple pill is.
Free hemp now. My Omnibus Marijuana Bill is so comprehensive that I plan to roll hemp legislation into it, thus killing two buzzed birds with one stone: Legalize hemp for farming, commerce, and production, and just ignore the absurd bans on industrial hemp. Don’t be silly; the fibrous stuff doesn’t even get ya high.
Rec stores must stock medicinal products. Most of the individuals working to bring cannabis out of the shadows and into the legal mainstream were from the medical community—and riskily toiling long before the greedy Green Rush Potrepreneurs got in line for a Weed Lotto Ticket to make marijuana moolah. The least these green-lit licensees can do is stock their shelves with a small percentage of medicinal items in their inventory.
No pot, no pay. Cities and counties that ban marijuana outlets—either recreational or medical—will get absolutely no tax revenue from sales of marijuana. Period. In addition, as they are restricting both the will of the people and access for medical patients who may not be able to drive to places that do allow marijuana sales, these cities must build a FastTrack Elevated Electric Train system for their residents to travel from their homes to the nearest marijuana-friendly city.
Let’s get loungey! Pot lounges and cafes where adults can smoke marijuana are a safe and social way for folks to get fired up. Hell, even the Seattle City Attorney likes the idea. Allow for cigar lounges and smoky pool halls too! You don’t like ’em? Don’t patronize ’em! We’re not looking to be Amsterdam with a cannabis cafe on every corner—though if Howard Schultz wants to get into the franchise game, Starbuds is a damn fine name. Probably shouldn’t allow alcohol in cannabis clubs however; people get crazy on that shit.
This article first appeared in the Seattle Weekly.
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weedWatch Parody of Apple Watch Advocates “Time for a Change”
“weedWatch” Parody of Apple Watch Advocates “Time for A Change”FOR IMMEDIATE
RELEASESeattle, WA – Coinciding with the marijuana holiday 420 and the release of the Apple Watch on April 24th, a Seattle-based multi-media company, Higher Ground, has created a parody ad to bring attention to marijuana legalization. The ad (“WeedWatch”) features a photo of the iWatch with the simple text, “Time for a Change: Legalize It.” A variety of marijuana-related icons and apps are featured on the device’s face.
One of the most innovative features of Apple’s Watch is the ability for users to customize the face of the device, and add additional information. In Higher Ground’s parody, they have taken the liberty to do just that! The watch face is full of humorous and advocacy-related apps including NORML (National Organization for the Reform of Marijuana Laws), SXSW, Leafly (a Yelp-like mobile app for marijuana), 7-11, Cannabis News Network, and Doritos. The time? 4:20.
“The Apple Watch is a revolutionary product, and the legalization of marijuana in States across the country is also a revolutionary movement,” notes Higher Ground Editor-in-Chief Michael A. Stusser. “The message of our parody is as simple as the solution to the War on Drugs: Legalize It. It’s time to end Prohibition, and legalize, regulate and tax cannabis at the federal level.”
Based out of Seattle, where recreational marijuana was legalized in 2012, Higher Ground is attempting to “Elevate the Dialogue” and broaden the movement nationally. While legal in Washington, Colorado, Alaska and Oregon, the use, sale or distribution of cannabis is still a felony at the federal level, and over 600,000 Americans are arrested every year for marijuana-related offenses. The parody ad is being strategically placed in weekly newspapers (and on-line) in states where marijuana initiatives are being proposed, including Ohio, California, Nevada, Maine, Michigan, Massachusetts and Arizona. It will premiere as a full page ad in the Marijuana Green Pages.
The launch of the Apple Watch continues to garner significant media coverage, as it is the first new product device from Apple since CEO Tim Cook took over the company. PreOrders for the iWatch began on April 10th, selling over a million units, and will begin shipping on April 24th. Using guerilla-style marketing, Higher Ground’s WeedWatch campaign will appear on posters, leaflets and mobile billboards adjacent to Apple stores nationwide.
ABOUT HIGHER GROUND
Higher Ground produces the world’s first satirical news program about the legalization movement, along with a newspaper column and website. A multi-media company, Higher Ground creates highly-produced video assets including a flagship program (a mix between The Daily Show and CNN, just without that annoying Wolfe Blitzer fellow), a syndicated column on the legalization movement, a comprehensive and entertaining news website, events (Cooking with Cannabis!), along with viral social-media parodies.
Higher Ground has created a variety of videos and parodies that attempt to vaporize stoner-cliches (including a ReMix of Cheech & Chong’s iconic “Up in Smoke”), while also educating the public on the changing landscape of legalization. Along with their YouTube videos, the company has repurposed posters from the Reefer Madness era with an Original Artists Series, updated MadMen (whose characters smoke from vaporizers instead of cancer-sticks), and even crafted a Seattle Seahawks logo entirely out of marijuana in honor of the Beast Mode strain (named after running back Marshawn Lynch). Stusser’s Higher Ground column also runs in the Seattle Weekly.
Higher Ground explores and celebrates the elevated aspects of getting high. Founded during a revolutionary time of economic and spiritual transformation in the legalization movement, the brand will document and chronicle this incredible time in our history, and advocate for the legalization of cannabis (along with civil rights, gay rights, and human rights), and embrace the end of – yet another – prohibition.
For more information, contact Michael Stusser at michael@michaelstusser.com###
