You've heard of CBD and THC, but what do you know about their cousin — delta-8 tetrahydrocannabinol, or delta-8 THC?
This compound may be on the cusp of taking over the legal hemp market. As is the case with most things cannabis, the legality of delta-8 THC is not straightforward. What makes hemp-derived delta-8 THC particularly interesting is that, like hemp-derived CBD, it might be legal under federal and some state laws, but, unlike CBD, it can produce a high.
Here, we provide an overview of the legal framework for delta-8 THC, as well as comment on the interesting intellectual property questions that it raises.
For instance, will the U.S. Patent and Trademark Office approve trademark applications for delta-8 THC-based products, such as vaping cartridges that can get a user high and are unabashedly marketed with that claim?
What types of resistance might a brand owner face in protecting its marks and designs, and what options are available to protect them?
Is delta-8 THC subject to any patent protection?
What is Delta-8 THC?
Delta-8 THC is one of the hundreds of compounds known as cannabinoids that can be derived from the cannabis plant. Its psychoactive effect is estimated to be about one-half to two-thirds of that from its better-known cousin, delta-9 THC. For the chemists in the audience, CBD, delta-8 THC and delta-9 THC all have the identical chemical formula, and delta-8 THC only differs chemically from delta-9 THC in the location of a single double bond.
To read the full Law360 article, click here.
This compound may be on the cusp of taking over the legal hemp market. As is the case with most things cannabis, the legality of delta-8 THC is not straightforward. What makes hemp-derived delta-8 THC particularly interesting is that, like hemp-derived CBD, it might be legal under federal and some state laws, but, unlike CBD, it can produce a high.
Here, we provide an overview of the legal framework for delta-8 THC, as well as comment on the interesting intellectual property questions that it raises.
For instance, will the U.S. Patent and Trademark Office approve trademark applications for delta-8 THC-based products, such as vaping cartridges that can get a user high and are unabashedly marketed with that claim?
What types of resistance might a brand owner face in protecting its marks and designs, and what options are available to protect them?
Is delta-8 THC subject to any patent protection?
What is Delta-8 THC?
Delta-8 THC is one of the hundreds of compounds known as cannabinoids that can be derived from the cannabis plant. Its psychoactive effect is estimated to be about one-half to two-thirds of that from its better-known cousin, delta-9 THC. For the chemists in the audience, CBD, delta-8 THC and delta-9 THC all have the identical chemical formula, and delta-8 THC only differs chemically from delta-9 THC in the location of a single double bond.
To read the full Law360 article, click here.