Budding 15 Minutes Of Fame? Reality TV Seeks Out Marijuana

Any marijuana business thinking of signing up for the Real World of pot should think long and hard not only about putting their own legal rights at issue, but also about the reputation of the industry as a whole.

As marijuana legalization sweeps the nation, reality TV is pursuing legalized marijuana businesses. It should not surprise us that America wants an inside look at these cutting edge “ghanjapreneurs.” Though reality TV shows may seem like a huge opportunity for the marijuana industry (just look at Weed Wars), the devil is always in the details. My law firm has handled legal matters for all sorts of reality TV shows, ranging from Whale Wars to Deadliest Catch to Real Weddings to Off Road Truckers, but what we are seeing with marijuana reality shows would put the most aggressive Hollywood agent to shame.

So, if you are thinking of getting your 15 minutes of fame as a “to-be-famous” reality TV marijuana business, you should at least know about or do the following:

  1. Be prepared to forfeit your privacy rights. Think of the typical reality TV show; viewers want to see it all, every meltdown and every fight. And, in the marijuana industry (where Federal prohibition looms large), you should consider the repercussions of the public seeing everything you do. We would not recommend any marijuana business relinquish such rights unless it is a well-oiled machine that complies with every single state and local law. Even then, being on television may make you a target for the Feds. If you nonetheless still want to push forward with your shot at fame, you should at least negotiate a contract that prohibits specific unwanted invasions of your privacy.
  1. Protect your intellectual property rights before the first episode is aired. Make sure you have done all that you can protect your brand and your other intellectual property before the world sees and tries to copy the brands and the logos and the marketing materials you have developed. This advice holds particularly true in the marijuana industry where it is typically not possible to secure federal trademarks for cannabis brands.
  1. Vet the production company with whom you plan on doing your TV deal. Research its prior shows and its past history with other TV prospects. MTV obviously has a different agenda than, say, the History Channel, and your business should be comfortable with the production company’s agenda before you sign on the dotted line. It is not uncommon for a business to sign a multi-year exclusive agreement with one production company before realizing that company will never get a show off the ground. The business is nonetheless legally prevented from signing with another show.
  1. Embrace full disclosure. The standard reality TV contract typically has a provision requiring you to disclose nearly everything. That provision (or some other provision) also states that your omitting any relevant information will constitute your breaching the contract. Make sure you know exactly what you are signing and make sure that you can live up to whatever you sign.
  1. Release any claims for reputational damage for embarrassing depictions. Though this provision varies from studio to studio and even from show to show, it is pretty much standard in reality TV contracts. This means that if you sign a standard reality TV contract you will be consenting to the production company and network using your worst and most embarrassing moments without you having any recourse for that use.

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  1. Be exclusive. Virtually all reality TV contracts mandate that you work only on the one show, and almost always for considerably longer than makes sense. Everyone is going to want to sign you for a long time at a low price before you become a star.
  1. Keep quiet. Most reality TV show contracts restrict your right to communicate with the world outside of the show so as to prevent you from spoiling any upcoming surprises or revelations on the show. The devil is in the details. Again, do not sign on to doing something that you cannot accomplish.
  1. Mind your reputation. Always. When you sign on for a reality TV show, you are putting your business on blast speed. For the marijuana industry, this can be a dangerous thing, especially where states are currently experimenting with regulations that may or may not prove effective. Just imagine if the infamous Maureen Dowd column had played out on TV and it was you who supplied her with the edibles. One little misstep can lead to lost profits or a failed business.

Don Williams once said, “Fame and riches are fleeting. Stupidity is eternal.” Never was that phrase more true than for reality TV shows. The marijuana industry is already under a magnifying glass and any marijuana business thinking of signing up for the Real World of pot should think long and hard not only about putting their own legal rights at issue, but also about the reputation of the industry as a whole.


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Hilary Bricken is an attorney at Harris Moure, PLLC in Seattle and she chairs the firm’s Canna Law Group. Her practice consists of representing marijuana businesses of all sizes in multiple states on matters relating to licensing, corporate formation and contracts, commercial litigation, and intellectual property. Named one of the 100 most influential people in the cannabis industry in 2014, Hilary is also lead editor of the Canna Law Blog. You can reach her by email at hilary@harrismoure.com.