The Illinois Cannabis Regulation Oversight Office (CROO) announced on Feb. 7 that it launched its Cannabis Disparity and Availability Study, which tasks a contract group to find examples of discrimination within the local cannabis industry.

According to CROO, the study “will collect and analyze data and report on whether discrimination exists in the Illinois cannabis industry,” CROO states on its website. “If there is a finding that discrimination exists, the Disparity Study will evaluate the impact of the discrimination on the State and its residents regarding entering and participating in the State’s cannabis industry. The Disparity Study will include recommendations for reducing or eliminating any identified barriers to entry.“

The study will examine laws and court cases that involve cannabis and cannabis and disparity studies, conduct interviews and create focus groups for public input, and compile data in relation to the state’s cannabis application process and business information.

A final report is required to be sent to the General Assembly and governor within 12 months, including any “potential remedies” to amend current cannabis regulation. “This effort is a vital assessment of the state’s cannabis social equity licensing system,” said Acting CROO Officer Erin Johnson. “We look forward to seeing a final report that truly incorporates the voices of Illinois social equity applicants and our new cannabis businesses.”

This comes nearly one year since the state issued a request to find someone to conduct the Disparity Study in Feb. 2022. This led to the hiring of the Nerevu Group, which is a minority- and women-owned contractor group based throughout Illinois, as well as some out-of-state locations.

“Along with our partners, Nerevu is honored to support CROO, IDFPR and IDOA in building an even more inclusive and equitable cannabis industry,” said Nerevu Group Founder and President Reuben Cummings. “This study is essential in identifying potential disparities and suitable remedies. We are excited to initiate this project and look forward to connecting with the greater cannabis community.”

Legal adult-use cannabis sales began in 2020, and in July 2022, Gov. J.B. Pritzker announced that 149 condition state licenses would be issued and available for social equity applicants. “Illinois is leading the way in addressing the War on Drugs as no state has before, and dispensary ownership that reflects our state’s diversity is a product of that commitment,” said Pritzker. “These licenses represent a significant step toward accountability for the decades of injustice preceding cannabis legalization. Illinois will continue to deliver on the promises of putting equity at the forefront of this process.”

Just a few months later, two of the state’s first social equity cannabis dispensaries, Ivy Hall Damen and Green Rose Dispensary, opened in November 2022 in Chicago.

According to Nigel Dandridge, the co-founder of Ivy Hall Damen, it’s taken a long time for his business to open up. “We’ve been working to get a seat at the table for a while now, and we’re finally able to do that,” said Dandridge. “When this industry first opened up, we didn’t see anyone in our community benefiting, or even being able to participate. So it was kind of hypocritical. I think it’s important that we can show you what we’re doing. We want everyone to benefit. Our staff’s been working hard, and we’re just excited to share it with everyone.”

Falling in line with other states in the U.S., Illinois Rep. La Shawn Ford recently introduced House Bill 1 to legalize psychedelics in January. Ford’s bill would allow residents 18 years and older to seek out supervised psychedelic therapy. “I want to be clear that this is a health measure. My proposal does not allow retail sales of psilocybin outside of a regulated therapeutic setting and ensures that medicines purchased for therapeutic use at a service center must be used under medical supervision, and cannot be taken home,” Ford said. “Only licensed facilitators will be allowed to provide treatment at closely regulated and licensed healing centers, approved health care facilities, in hospice, or at a pre-approved patient residence.”

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Sen. Ron Kouchi introduced Senate Bill 1454 on Jan. 25, which was unanimously passed in the Hawaii Senate Committee on Health and Human Services (HHS) on Feb. 6. If the bill becomes law, it would establish a “therapeutic psilocybin working group” (managed by the Office of Wellness & Resilience [OWR]) to “Examine the medicinal and therapeutic effects of psilocybin or psilocybin-based products vis-à-vis mental health including post-traumatic stress disorder, depression, anxiety, and end-of-life psychological distress.”

The group would also be tasked with evaluating how markets such as regulators in Oregon and Colorado are tackling their own state psilocybin programs, with the goal of developing a comprehensive approach for Hawaii. In effect, the place would ensure that psilocybin access is safe, accessible, and affordable for patients.

During the hearing on Feb. 6, numerous testimonies were presented in favor of passing the bill to allow psilocybin access. The HHS compiled these testimonies on a 117-page document, which included a variety of speakers, beginning with a statement from Tia Roberts Hartsock, Executive Director of the OWR with the Office of the Governor. “As negative impacts of the COVID-19 pandemic continue to show up in our daily lives, promising interventions for mental health disorders should be included in conversations relating to trauma,” Hartsock wrote. “To make informed decisions on how we should address and resource attention on complex social issues like mental health disorders, research needs to be examined. The OWR supports the purpose of SB1454 to establish a working group to provide recommendations on their findings on the potential benefits of the therapeutic use of psilocybin.”

The Drug Policy Forum of Hawaii Board President, Nikos Leverenz, also expressed support for the bill. “Hawai῾i should endeavor to work more proactively in creating a climate that is conducive to allowing qualified medical professionals to use psilocybin as a therapeutic tool for those who could benefit from its supervised use,” Leverenz said.

Patients who had personal experiences with plant medicine treatments also shared how the bill could help countless others. “l can attest without hesitation that plant medicines are both safe and effective means by which to address and recover from intense psychological and physical trauma,” said Wyly Gray, Executive Director of Veterans of War. “Veterans of War sees firsthand the healing potential of these ancient medicines day in and day out, and we advocate strongly for their decriminalization on behalf of a nation of veterans suffering from the after-effects of war, as a group, we deserve a safe and effective path towards recovery; as a group, we simply want to come home. This is bigger than the failed War on Drugs; lives are lost every day.”

This year has been productive for Hawaii legislators looking into plant medicine and legalization. On Jan. 11, Rep. Jeanné Kapela spoke about introducing an adult-use cannabis bill. “We all know, and Hawaii’s people know, that it is high time to legalize recreational cannabis use for adults in Hawaii. This year we stand on the precipice of history,” Kapela stated. “Following the recommendations of a task force devoted to addressing cannabis policy, we now have a roadmap for legalizing recreational cannabis in our islands.” Kapela has not yet introduced her bill, but she explained that it would include a mass expungement program. “Social equity. People. That is what forms the heart of our proposal,” she explained.

The people of Hawaii also recently showed support for cannabis legalization through a poll conducted by the Hawaii Cannabis Industry Association. The survey revealed that 52% of Hawaii residents are in favor of legalization (with 31% saying they are opposed).

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Nike is one of the largest footwear and athletic gear companies in the world, known for its familiar slogan “Just Do It.” The company recently issued a trademark complaint on Jan. 18 against a Texas-based CBD company called Revive Farming Technologies, who filed to use the trademark “Just Hemp It” on Dec. 16, 2019.

“JUST DO IT … which has been in use in commerce for more than 30 years, and registered for more than 25 years, is famous within the meaning of Lanham Act Section 43(c), 15 USC § 1125(c),” Nike stated. It is asking the Patent and Trademark Office and Trademark Trial and Appeal Board to deny Revive’s attempt to trademark the phrase “Just Hemp It.”

Nike argues that it owns multiple trademark registrations for the “Just Do It” mark, describing it as “widely recognized and famous,” and that the Revive should not be allowed to trademark “Just Hemp It” because it would lead to confusion and cause injury and damage to Nike.

According to Green Market Report (GMR), Revive already features the phrase on its website followed with a trademark symbol. GMR also states that the website contains language that makes unauthorized medical claims about CBD.

Nike’s “Just Do It” campaign first launched in 1988 by the late Dan Wieden, who has successfully launched other slogan campaigns for companies like Old Spice, Procter and Gamble, and Coca Cola. Apparently Wieden said that “Just Do It” was inspired by the final words of an inmate on death row, who said “You know, let’s do it” before his execution.

Nike has led successful trademark complaints against other companies attempting to use variations of “Just Do It” in the past. In 1992, Nike targeted a company called “Just Did It,” which also sold athletic gear, for trademark infringement. In 2020, Nike went after a business for using “Just Believe It.” More recently, a small business owner who started a succulent shop called JustSuccIt in 2020, was also contacted by Nike regarding trademark infringement.

This hasn’t been an uncommon trend in the cannabis industry either. In August 2017, the glue company known as Gorilla Glue took Gorilla Glue Strains to court. The results meant that strains known as Gorilla Glue #1 or Gorilla Glue #4 would be referred to as GG1 or GG4. 

In February 2018, The Hershey Co. began suing cannabis companies for copyright infringement, and targeted both the Oakland-based Harborside dispensary and a California edibles company called Good Girl Cannabis Co. for selling items with similar Hershey product branding.

UPS targeted cannabis delivery services that were using its acronym, such as United Pot Smokers, UPS420, and THCPlant in February 2019. 

Later in August 2019, Sour Patch Kids targeted illegal cannabis products like Stoney Patch for infringing upon the trademark as well. Cinnabon took on a vape company in October 2019 for selling an e-liquid using the brand’s name, just one month before the Center for Disease Control and Prevention discovered that vaping lung injuries were being caused by vitamin E acetate in November 2019.

More recently in August 2022, Mars Wrigley won a lawsuit against cannabis companies using the logo font and colors to sell illegal edibles. “I have placed significant weight on the issue of harm not only to the Plaintiff but also to members of the public who might accidentally consume the Defendants’ Infringing Product believing it to be a genuine SKITTLES product. The fact that SKITTLES are a confectionary product that are attractive to children reinforces the need to denounce the Defendants’ conduct,” said Judge Patrick Gleeson in his ruling.

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