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The days of smoking cannabis out of apples is over. Smoking devices are readily accessible in tobacco shops and cannabis retailers, and their production and sale are big business. Creative shapes and sizes impress and create unique smoking experiences. However, as states across the U.S. continue to legalize cannabis for medical and recreational use, the legal status of cannabis paraphernalia—such as bongs, pipes, and rolling papers—remains a gray area due to ongoing federal prohibition of these devices. However, that does not mean that companies producing these products cannot seek protection of their intellectual property on the state and federal levels. And with a little creative tact, companies can find ways to federally protect their brands.
What are drug paraphernalia?
The term “drug paraphernalia” refers to any equipment used to produce, conceal, or consume illicit drugs. Under federal law, this encompasses:
“any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.”
Examples of paraphernalia include:
Pipes: Made from various materials such as metal, glass, wood, or ceramic. Water
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