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Think You Can Sell ‘Skittles Weed’? See You in Court — Trademark Law Doesn’t Care About Cannabis’ Illegality

Published
6 days agoon

TL;DR: The “illegality defense” is dead. From Skittles to RAW, cannabis copycats keep losing in court. Infringement is infringement.
Some cannabis hustlers think they’re slick. Grab a famous brand, twist the name (Skittles becomes Zkittlez, Oreos turn into Oreoz) and sell it as weed. When the lawsuits land, they play what they think is a get-out-of-jail card: “You can’t sue us, your honor, because cannabis is illegal anyway.”
Spoiler: that card’s worthless. Judges aren’t buying it.
In Colorado, a federal judge just shot down that exact argument in BBK Tobacco & Foods LLP v. J&C Corp.. The defendant was selling THC products under the RAW and Juicy names, marks owned by BBK for rolling papers and accessories. Their defense? That trademark law doesn’t apply because the products at issue are federally illegal. The judge didn’t blink. She said what’s been obvious for years: trademark law doesn’t stop at the dispensary door. If consumers are confused, it’s infringement. Period.
That’s the end of the “illegality defense.”
The Candy Graveyard
This is part of a bigger pattern. Big brands have been marching through the cannabis space with cease-and-desists and lawsuits:
- Mars Wrigley killed off Zkittlez, forcing the company behind the strain and merch to abandon every candy-colored pun. Under a 2023 settlement, Terphogz agreed to stop using the “Zkittlez” name or slogans like “Taste the Z Train” and rebrand entirely.
- Ferrara Candy went after THC candies packaged like Nerds Rope and won in multiple courts. In Illinois, a federal judge ordered cannabis makers of Medicated Bud Bites and Bud Clusters to stop sales and hand over all profits. In California, Tops Cannabis was enjoined from selling Medicated Nerds Rope, forced to destroy its inventory, and surrender net proceeds. Judges stressed the danger of kids mistaking the drugged candy for the real thing.
- Hershey made short work of Colorado edibles like Ganja Joy (a play on Almond Joy) and Hashees (Reese’s). The case ended in settlement, with Hershey requiring a full recall or destruction of products and a permanent stop to the look-alike packaging.
- Mondelez, owner of Sour Patch Kids and Oreo, swatted down Stoney Patch gummies with a federal lawsuit and has sent cease-and-desist letters to growers of Oreoz. The cookie crumbles quickly when corporate lawyers get involved.
Beyond Candy
It’s not just the sugar rush.
The Gorilla Glue Lesson
Back in 2017, Gorilla Glue Co. sued the breeders of the wildly popular cannabis strain Gorilla Glue #4. The glue company argued that plastering its name on weed created consumer confusion and tarnished its brand.
The case never went to trial — the cannabis company settled. But the terms were brutal: they had to stop using the Gorilla Glue name altogether, rebrand the strain as GG#4, and agree to never use “gorilla” imagery again. Years of hype and market recognition evaporated overnight.
That settlement became a cautionary tale in cannabis. Strain names might seem like inside jokes, but when they collide with household brands, courts (and corporate lawyers) won’t laugh. They’ll crush you.
Other Cases
Or take Kiva Health v. Kiva Brands, where a cannabis edibles company tried to argue it used the mark “Kiva” first. The court said nope — federal illegality means your “first use” never counted. Game over.
States and Borders Don’t Save You
Even where cannabis is legal, brand theft gets crushed. Girl Scouts of the USA sent stern letters that made “Girl Scout Cookies” rebrand as GSC overnight. Attorneys general from Connecticut to New York have issued public warnings about Stoney Patch and Stoneo edibles, calling them “unsafe and illegal.” And in Canada, Mars won a Federal Court judgment forcing online shops to stop selling “Skittles” edibles, destroy inventory, and pay damages.
The Bigger Picture
Here’s the reality: cannabis companies don’t get to operate in a lawless bubble. Courts are saying loud and clear:
- The “illegality defense” is dead.
- Consumer confusion rules everything.
- If you rip off brands, you lose.
It doesn’t matter if you’re selling weed, widgets, or waffles. Trademarks exist to protect consumers from confusion and to protect companies from freeloaders. Judges are applying that principle to cannabis like they would to any other industry.
So to the folks still pumping out Zkittlez knockoffs or candy-colored THC gummies: stop fooling yourselves. This isn’t edgy branding. It isn’t activism. It’s just bad business. And if you keep pushing it, the next court order will put your “creative” hustle six feet under.
Photo by Yogendra Singh on Unsplash
Disclaimer: This article is for informational and editorial purposes only. It does not constitute legal advice. For legal guidance, consult an attorney.

Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.
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Verano Proposes to Redomicile Parent Company From British Columbia to Nevada

Published
36 seconds agoon
September 15, 2025
[PRESS RELEASE] – CHICAGO, Sept. 15, 2025 – Verano Holdings Corp., a leading multistate cannabis company, announced that the company’s board of directors approved, and the company will be seeking shareholder approval of, a proposed plan to redomicile Verano Holdings Corp. from British Columbia, Canada, to the state of Nevada.
Verano believes that redomiciling in the United States better aligns with its U.S.-based business and operations and streamlines its organizational and regulatory structure within the United States, among other reasons discussed in the preliminary proxy statement filed by the company on Sept. 12, 2025, with the U.S. Securities and Exchange Commission and in Canada on SEDAR+ (the “preliminary proxy statement”).
“Since inception and our 2021 go-public transaction, we’ve focused on ways to unlock shareholder value and create potential catalysts for the business, including enhancements to our corporate structure and executing a capital markets strategy that positions Verano to capitalize on near and long-term growth opportunities,” Verano Chairman and CEO George Archos said. “From our 2023 strategic decision to list company shares on Cboe Canada, a senior U.S.-based exchange with global operations, to our redomiciling in the U.S. as a newly-registered Nevada enterprise, we are prepared to leverage opportunities that benefit the company and our shareholders.”
The company’s plan to redomicile Verano Holdings Corp. in the United States is not expected to materially impact its existing manufacturing and retail business, which spans 13 U.S. states, including the location of its corporate headquarters in Chicago.
Pursuant to the company’s proposed plan of arrangement, Verano will continue from the jurisdiction of British Columbia, Canada, to the jurisdiction of the state of Nevada (the “continuance”). Upon completion of the continuance, the issued and outstanding subordinate voting shares of the British Columbia-formed Verano Holdings Corp. will automatically be exchanged on a one-for-one basis for shares of common stock of the continued Verano Holdings Corp. domiciled in Nevada (“Nevada common stock”). Each of the company’s outstanding stock options and restricted stock units will be deemed to be adjusted pursuant to the terms of the company’s stock and equity incentive plan to become a stock option and a restricted stock unit to receive an equal number of shares of Nevada common stock, respectively.
The preliminary proxy statement was filed in connection with a proposed special meeting of the company’s shareholders to consider and, if thought advisable, approve a plan of arrangement implementing the continuance. The company’s board of directors may, at any time, including after receiving shareholder approval, in its discretion, decide not to proceed with the arrangement and not complete the continuance.
Upon completion of the continuance, the Nevada common stock will trade on the Cboe Canada exchange under the company’s existing ticker symbol, “VRNO,” and be quoted on the OTCQX under the symbol “VRNOF.”
For more information on Verano Holdings Corp., visit the company’s investor website: https://investors.verano.com/.

Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.
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New York Lawmakers Schedule Psychedelics-Focused Hearing To Discuss ‘Medicinal Value And Risks’ Of Psilocybin

Published
1 hour agoon
September 15, 2025
New York lawmakers have scheduled a hearing to discuss the medical potential of psilocybin as the state considers pursuing a pathway for regulated access to the main psychedelic component of “magic mushrooms.”
In a notice published by the Assembly Health Committee on Wednesday, Chairwoman Amy Paulin (D) noted that, while psilocybin is currently listed as a Schedule I drug, the federal Food and Drug Administration (FDA) has designated it as a “breakthrough therapy” for major depression—indicating that “the therapy may offer improved results for such conditions over currently approved treatments.”
A meeting to go over the science and potential regulations of the novel therapy is scheduled for September 30. Oral testimony is by invite only from the committee, and witnesses have not yet been announced.
“Various localities have enacted measures regarding psilocybin, including the states of Colorado, Oregon, and New Mexico which allow for its supervised use, citing its potential as a treatment for some mental health conditions,” the notice says. “However, more information is needed to better understand the medicinal value that psilocybin may have as a therapy in New York State.”
“To this end, the Committee seeks to hear from researchers, medical experts, and other stakeholders on the potential medicinal value and risks of psilocybin,” Paulin said.
The chairwoman introduced a bill to legalize psilocybin for adults last year, provided they obtain a permit after undergoing a health screening and educational course.
New York legislators have taken special interest in psychedelics reform in recent sessions.
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Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
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For example, in January, Assemblymember Linda Rosenthal (D) filed legislation calling for the legalization of certain entheogenic substances such as psilocybin and ibogaine for adults 21 and older.
The bill would amend state statute to make legal the “possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing by or between natural persons of twenty-one years of age or older of a natural plant or fungus-based hallucinogen.”
DMT, ibogaine, mescaline, psilocybin and psilocyn would fall under the definition of “natural plant or fungus-based hallucinogens” that would be legalized by the bill.
Rosenthal’s measure was introduced just days after another New York lawmaker, Sen. Nathalia Fernandez (D), prefiled a measure that would legalize psilocybin therapy for patients with qualifying conditions.
Under that proposal, people could receive psilocybin treatment from a certified facilitator in a clinical setting, or at their home if they’re unable to travel. Patients and facilitators would receive protections against state-level prosecution.
Fernandez also filed an earlier version of the bill last session, but it did not move out of committee either. Only minor technical changes have been made in the latest iteration.
Bicameral New York lawmakers said at a briefing last year that there was a “real chance” that legislation to legalize psilocybin-assisted therapy would advance through committee, emphasizing that delaying action would “neglect” many “people who need help” with certain mental health conditions. That did not ultimately materialize, however.
“We’re in a mental health crisis, and so we need every tool that’s available to us,” Assemblymember Pat Burke (D), who sponsored another bill to create a psilocybin therapy pilot program for 10,000 people, said. He added that “we’re here to turn the page” on the broader drug war.
Photo courtesy of Dick Culbert.

Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.
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Curaleaf Opens Cannabis Dispensaries in Florida, Ohio

Published
2 hours agoon
September 15, 2025
[PRESS RELEASE] – STAMFORD, Conn., Sept. 15, 2025 – Curaleaf Holdings Inc., a leading international provider of consumer cannabis products, announced the opening of two new dispensaries: Curaleaf Apopka, located at 1809 E. Semoran Blvd., Apopka, Fla., 32703, and Curaleaf Girard, located at 801 N State St., Girard, Ohio, 44420. With these dual openings, Curaleaf expands to 69 retail locations in Florida, five in Ohio and 157 nationwide.
Curaleaf Apopka strengthens the company’s presence in Central Florida, providing convenient access for registered medical cannabis patients across the Greater Orlando region. Curaleaf Apopka offers a wide portfolio of medical cannabis products, including Curaleaf’s Select brand vapes and edibles, Florida-exclusive Reef flower, Grassroots Dark Heart Collection flower, Anthem pre-rolls, Miss Grass pre-rolls and more. To ensure patient satisfaction, Curaleaf Florida is offering a 72-hour Flower Satisfaction Guarantee on select premium eighths from Grassroots and Reef. The store will operate from 9:00 a.m. to 8:30 p.m. Monday through Saturday and 10 a.m. to 6 p.m. on Sundays.
Meanwhile, Curaleaf Girard marks the company’s first dispensary within the city of Girard, and enhances access for both medical patients and adult-use consumers across Ohio’s Northeast region. The store features a selection including Select BRIQ all-in-one vapes, Grassroots Dark Heart Collection flower, Grassroots pre-rolls, JAMS and Select XBites edibles and Find flower. Curaleaf will be introducing Grassroots and Find pre-rolls in Singles and 5-pack Shorties, as state regulations now allow for the sale of pre-rolls. Curaleaf Girard will be open 9 a.m. to 8 p.m. Monday through Saturday and 9 a.m. to 7 p.m. on Sundays.
“Each new store opening reflects our mission to expand safe, convenient access to high-quality cannabis across the country,” Curaleaf Chairman and CEO Boris Jordan said. “With Apopka, we are deepening our roots in Florida by serving an important new region for medical patients, and with Girard, we are proudly delivering the first licensed dispensary to the city. Together, these milestones show our commitment to patients and consumers who rely on cannabis for their well-being, while reinforcing Curaleaf’s leadership in both established and emerging markets.”
Local celebrations will mark the openings:
- Curaleaf Apopka will host a grand opening on Sept. 19, 2025, from noon to 5 p.m., featuring special promotions, giveaways and an interactive “Live Lounge” livestream with Curaleaf cultivation leaders.
- Curaleaf Girard will celebrate its opening with a ribbon-cutting ceremony alongside the Girard Chamber of Commerce at a later date, featuring exclusive promotions and complimentary refreshments.
For more information on Curaleaf’s dispensaries, products and patient resources, visit www.curaleaf.com.

Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.

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