Pot vending machine, shops selling ‘Girl Scout Cookie’

The first vending machine to dispense medicinal marijuana products in Seattle is now operating at Seattle Caregivers. But, some of the products might be violating copyright law.

Stephen Shearin, the COO of American Green, says the vending machine company works with the marijuana dispensary staff as they decide what to stock. Currently, that includes several strains of marijuana leaf as well as an energy drink and some pot accessories.

There’s just one problem. Among the pot strains for sale is a variety called “Girl Scout Cookie.” It’s a term that’s copyrighted by the national Girl Scouts Organization.

“Uh, that’s very interesting to know,” Shearin told KIRO Radio. “I’ll actually, from this phone call, see what I can discover.”

But, Shearin said he doesn’t think he is doing anything wrong by profiting off the Girl Scouts name because he’s not the only one doing it.

“I’m sure if the Girl Scouts are upset, they can start with me and then they’ll do a class action suit against those other thousand locations,” Shearin said. “But, again, it’s been in pretty common use for well over a year at hundreds of locations. Long before we touched anything.”

A representative for the Girl Scouts said they have a team of attorneys looking into this issue of pot growers and venders infringing on their copyright. Shearin said he was surprised to hear that.

“I always wondered about that, honestly, and never pursued it and assumed there was some kind of common language once things hit the common sphere. It’s been around for quite some time. But, I can see their concern with that and don’t blame them at all” Shearin said.

There are thousands of pot strains that take their name from known products, people and places, like AK-47 and Michael Phelps. In some cases the names are licensed, like “Snoop’s Master Kush.” The growers and vendors have an agreement with the rap artist Snoop Dogg.

Shearin said if the Girl Scouts are really concerned about their name being used by pot producers, he can’t understand why they would wait until now to do something about it.

“It’s been picked up, printed, and discussed a lot,” Shearin said. “Should that make it OK? Absolutely not.”

The vending machine contractor said as a pioneer in this new industry, he does feel an onus to do things the right way. But, Shearin said he doesn’t feel like he has made a mistake by stocking Girl Scout Cookie marijuana.

Aside from the copyright issue, there are also rules regarding the labeling of recreational marijuana when it comes to making sure product names and labels aren’t enticing to children. According to the Washington State Liquor Control Board, the same rules don’t apply to items sold in medicinal pot shops, although the Legislature is currently working to change that.

For his part, Shearin says he doesn’t have any concern that the products in his machine would be tempting for kids. The products are in shops that are only supposed to be accessible to adults.

“There’s an onus of responsibility that’s on every parent and adult. I don’t leave an empty bottle of alcohol laying around, or a half empty bottle of alcohol, either” Shearin said.

Shearin does feel some connection with the scouting organization. His daughter was a Girl Scout. However, he doesn’t think he is doing anything that would tarnish the Girl Scout name.

“There are a number of ways one could interpret the words ‘Girl Scout Cookie.’ It doesn’t look like a cookie (…) it’s not packaged to be a cookie, and it’s sold in a controlled environment,” Shearin said.

When asked whether he planned on taking any action now that the copyright issue had been brought to his attention, Shearin said he would definitely give the Girl Scout organization a call.

“I’m not the enforcement bureau or that kind of thing,” Shearing said. “But, if the enforcement bureau asked me to help or commands that I do certain things, I would fully comply.”

The Girl Scouts declined an interview, but did send KIRO Radio the following statement:

“Girl Scouts of the USA is aware of our trademark being misappropriated. We take these trademark misappropriations seriously and when applicable, will send a cease and desist.” – GSUSA Spokesperson