How Can You Protect Cannabis-based Intellectual Property Under Federal Prohibition?

What started as a curiosity in Colorado and Washington state in 2012 could have gained the momentum of a juggernaut: marijuana legalization. Now with California and other states passing initiatives to fully legalize recreational marijuana use in November 2016, a new multi-billion-dollar industry could be in the offing. Inventors are already at work on new methods of delivering THC (tetrahydrocannabinol) in stronger and safer doses. And the cultivation sector remains one major area of novel, non-obvious innovation. But with cannabis still on the federal DEA Schedule I of controlled substances what can these idea people do to protect their intellectual property?

“This is the dilemma we face as well—we can’t really patent our product or service, but we have very innovative products and services in the cannabis space,” says Gregg Steiner, spokesperson for Cabinet Garden, a supplier of equipment to the home growing industry. “If the federal government...

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