Cannabis, trademarks and morality in Colombia: registration limitations and the debate on recreational legalization

Introduction

Cannabis has become one of the most complex issues in contemporary law. In Colombia, in addition to regulatory discussions about its use, there is a less visible but strategically important aspect: the protection of trademarks associated with this plant. Although the presence of companies related to medicinal and industrial cannabis is increasingly common, the Colombian legal framework continues to impose strict limits that condition how these distinctive signs can be registered and used in the market.

The tension between morality and free competition

A point of contention remains in the Colombian trademark debate: is it possible to register a trademark related to cannabis when its recreational use is not yet legalized in the country? The Superintendency of Industry and Commerce (SIC) has maintained that trademarks that explicitly refer to recreational cannabis can affect public order and social morality, constituting grounds for non-registrability. This is based on the fact that trademark law not only protects private interests but also fulfills a social function by preventing the promotion of prohibited or unregulated activities.

However, this view has been criticized for limiting entrepreneurial freedom in a sector that, even with restrictions, is legal in medicinal and industrial contexts. Companies argue that the Superintendency of Industry and Commerce (SIC) tends to generalize the meaning of cannabis, without distinguishing between legal and illegal uses, which hinders the development of an emerging industry with high economic potential.

Regulatory progress and opportunities in the medical and industrial sectors

Despite its limitations, Colombia has one of the most advanced legal frameworks in Latin America for medicinal and industrial cannabis. The regulations permit the cultivation, processing, and sale of cannabis products, which has attracted investors, fostered the emergence of startups, and led to the development of rural production chains in various regions of the country.

This progress has generated a growing demand for distinctive signs representing products, services, laboratories, agricultural companies, specialty stores, and technological solutions related to the sector. However, trademark protection remains an area that requires case-by-case interpretation, especially when the marks evoke cannabis in general and not exclusively its legal uses.

Trademark criteria applied by the SIC

Trademark authorities have had to develop their own criteria to differentiate between permissible trademarks and those that evoke prohibited activities. Their approach typically focuses on three essential elements: consumer perception, the current regulatory context, and the nature of the products or services.

When the sign suggests recreational use or unauthorized consumption, it is usually rejected.

When the sign is clearly related to legal activities — such as research, cultivation, extraction, industrial hemp products or pharmaceutical services —, the SIC has shown a progressive openness.

Impact of the debate on recreational legalization

The landscape could change if Colombia moves toward the regulated legalization of recreational cannabis. This possibility has been discussed in Congress in recent years, and although the initiatives have not yet succeeded, the debate has highlighted the need to update the current approach to trademark law. Potential legalization would force a rethinking of the moral and public order criteria that currently underpin many of the oppositions.

Furthermore, it would allow companies to compete under clearer and more predictable conditions, as is the case in jurisdictions where recreational cannabis is regulated, such as Canada, certain states in the United States, or Uruguay.

The role of intellectual property in the cannabis economy

Beyond trademark registration, intellectual property has the potential to become a key driver of sector growth. Patents, trade secrets, industrial designs, and designations of origin can strengthen the competitiveness of Colombian companies, especially in areas such as biotechnology, pharmaceuticals, cosmetics, and agricultural innovation. In this context, trademarks fulfill the essential function of building trust, differentiating products, and consolidating reputation, which is indispensable in a highly regulated and socially sensitive sector.

Clarification needed regarding trademark registration in Colombia

It is important to note that, according to Colombian law, trademarks that distinguish products or services can be registered as long as they identify activities, goods, or services related to medicinal or industrial cannabis , which are the uses currently permitted in the country. The Colombian trademark system does allow the registration of signs related to cannabis, provided that their representation and scope are aligned with these legal purposes and do not suggest, directly or indirectly, recreational uses or activities not authorized by law.

Conclusion

The development of the cannabis market in Colombia continues to advance, even amidst regulatory and conceptual tensions. The trademark regime plays a crucial role in this transition, as it defines the commercial possibilities for companies seeking to position themselves in a sector that combines innovation, strict regulation, and social debate. While the country decides whether or not to take the step toward recreational legalization, the challenge lies in ensuring a balance between protecting public morality and fostering a legal, growing industry with high economic potential. The key, in any case, will be interpretive clarity and regulatory consistency to allow trademark law to support, rather than hinder, the responsible development of cannabis in Colombia.