Cannabis in America – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Did Instagram Change its Marijuana Marketing Policy? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/instagram-marijuana-marketing-policy-change/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/instagram-marijuana-marketing-policy-change/#respond Thu, 24 Aug 2017 19:25:12 +0000 https://lawstreetmedia.com/?p=62893

Social media may have just gotten a bit easier for marijuana businesses.

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For marijuana businesses, it can be extremely challenging to utilize social media to its fullest marketing potential. Historically, social media companies have erred on the side of caution when establishing their community guidelines, siding with the feds’ prohibition of marijuana. However, a recent statement from Instagram could indicate a change in that company’s stance on marijuana advertising.

The critical language was noticed by Ganjapreneur after a recent Leafly report on the ongoing Instagram impersonation of Kiva Confections, a popular California-based edibles company.

As Leafly reported, a fake account using Kiva’s name suddenly began abusing people in comments and direct messages. Kiva contacted Instagram and successfully had the internet trolls’ account shut down. However, it was through this exchange that Instagram revealed some potentially critical changes to its existing policy on cannabis as it relates to advertising.

The statement reads in full:

Instagram does not allow people or organizations to use the platform to advertise or sell marijuana, regardless of the seller’s state or country. This is primarily because most federal laws, including those of the United States, treat marijuana as either an illegal substance or highly regulated good. Our policy prohibits any marijuana seller, including dispensaries, from promoting their business by providing contact information like phone numbers, street addresses, or by using the “contact us” tab in Instagram Business Accounts. We do however allow marijuana advocacy content as long as it is not promoting the sale of the drug. Dispensaries can promote the use and federal legalization of marijuana provided that they do not also promote its sale or provide contact information to their store.

As Ganjapreneur points out, the emphasized portion above leaves out any mention of “websites.” Therefore, “without listing your location’s contact info, you can drive customers to your website where your contact info, daily deals, and updated menus are all prominently displayed.” In other words, as long as companies don’t advertise or promote the sale of cannabis, they should be in the clear.

Instagram’s omission signals a progressive push for the social media platform, which was bought by Facebook in 2012. Facebook’s community standards specifically prohibit content that promotes marijuana sales–even in states where it’s legal–but Instagram has a history of not enforcing its vague policies uniformly.

“What’s so interesting is that you’ll see posts from other companies or users and it’s naked women and paraphernalia and guns and cash,” Kristi Knoblich, co-founder of Kiva, said. “But all the posts we had on our real page were about education. Things like how to keep edibles away from kids, how to store and lock your edibles, pointers and tips for how to use safely. The nature of what we were posting didn’t have anything to do with promoting sales, illegal use, shipping or distribution.”

Hopefully, Instagram’s updated guidelines will ensure more breathing room for legal companies looking to grow their businesses with innocuous marijuana posts.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Marijuana May Not Actually Help with PTSD or Chronic Pain https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/little-evidence-marijuana-helps-ptsd-chronic-pain/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/little-evidence-marijuana-helps-ptsd-chronic-pain/#respond Wed, 16 Aug 2017 18:19:55 +0000 https://lawstreetmedia.com/?p=62740

Two new studies cast doubt on medical marijuana's effectiveness at treating common conditions.

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"$1 million study to focus on chronic pain" Courtesy of Army Medicine: License (CC BY 2.0)

Now that medical marijuana is legal in more than half the country, patients suffering from chronic pain or PTSD are flocking to marijuana dispensaries across the nation for symptom relief. But what if I told you that marijuana may not actually help with either ailment?

Apparently, there is little scientific evidence to draw conclusions about the benefits and harms of marijuana in patients with PTSD and chronic pain, according to two studies published Monday in the journal “Annals of Internal Medicine.”

In an editorial accompanying the research, Dr. Sachin Patel of Vanderbilt Psychiatric Hospital noted that the findings aren’t unique, and that “scientific evidence for the effectiveness and safety of cannabis and cannabinoid products in treating medical and psychiatric disease has recently come under substantial scrutiny.”

“The current studies highlight the real and urgent need for high-quality clinical trials in both of these areas,” Patel continued in an email to Reuters. “If cannabis is being considered for medical use, it should certainly be after all well-established treatments have failed.”

Both of the studies were conducted by researchers at the Veterans Affairs Portland Health Care System and funded by the U.S. Department of Veteran Affairs.

Is Marijuana Causing More Harm Than Good?

Twenty-eight states and the District of Columbia have legalized marijuana for medical use, and the number of medical and recreational users has nearly doubled between 2001 and 2013, with one in 10 adults saying they use it.

According to the researchers, more than one third of patients seeking cannabis for medical purposes in states where it is legal list PTSD as the primary reason for their request, and between 45 percent and 80 percent of people who seek medical cannabis do so for pain management.

For one of the studies, the team of researchers reviewed 27 studies examining marijuana use for chronic pain. While they weren’t able to conclude that it helped pain sufferers, they did find evidence that marijuana led to an increased risk of car accidents, psychotic symptoms, and short-term cognitive impairment.

When reviewing prior research on the effects of marijuana on PTSD, they “found low- to moderate-strength evidence that cannabis use is associated with an increased risk for psychotic symptoms, psychosis, mania, and–in active users–short-term cognitive dysfunction,” the authors noted.

In fact, one of the studies they examined involving veterans with PTSD showed a small but “significant” worsening of symptoms among veterans who either started or continued using cannabis during the study period.

It’s important to note again that the researchers maintained that there was insufficient evidence for them to draw firm conclusions about the effectiveness of cannabis in both patient populations.

Is This Fuel for Sessions?

Short answer: probably not.

It’s no secret that Attorney General Jeff Sessions is actively looking for research to support his disapproval of marijuana legalization. After his Task Force on Crime Reduction and Public Safety failed to offer up any new suggestions for dealing with marijuana in states that have legalized it, experts said that Sessions could still invoke federal law to push his anti-marijuana agenda.

While these new studies cast doubt on marijuana’s effectiveness at treating these particular ailments, the findings don’t definitively negate prior research attesting to the benefits of marijuana for patients suffering from chronic pain and PTSD. The effectiveness of marijuana treating these symptoms could also depend on potency and dose, Patel said in an email to CNN. Most studies use lower doses and lower potencies of medical marijuana than what is found in dispensaries.

“Pain is a multifaceted symptom, which includes sensory, cognitive, and emotional components,” Patel wrote. “Perhaps cannabis decreases the clinical effect of chronic pain” in ways unrecorded by pain rating scales. If scientists looked at emotional symptoms, such as anxiety, quality of life and sleep, instead of traditional symptoms, that “may begin to tell us which specific areas of ‘pain’ are most likely going to be helped by cannabis, if any.”
Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Hawaii’s First Marijuana Dispensary Has Already Run Out of Weed https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hawaii/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hawaii/#respond Tue, 15 Aug 2017 14:00:36 +0000 https://lawstreetmedia.com/?p=62721

Is this Nevada all over again?

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Less than a week after opening, Hawaii’s first–and only–medical marijuana dispensary has already been forced to temporarily close due to not enough marijuana on hand.

Maui Grown Therapies announced in a press release Sunday that it will close Monday and Tuesday as it awaits action from the Department of Health’s Labs Division to “help unclog a backlog of products.”

The Maui-based dispensary officially opened for business on August 8, but it was only permitted to sell flowers to patients. Trouble began after company officials anticipated a recent batch of flowers to clear lab certification by Saturday–but that didn’t happen. As a result, the company says it sold out of its first batch due to “high demand.”

“It’s unfortunate that an administrative hindrance of this magnitude prevents patients from getting the help they need,” said Christopher Cole, director of product management for Maui Grown Therapies. “We had planned to open with a full range of derivative products such as concentrates, oils, capsules and topical products, but at the eleventh hour we discovered that the State Labs Division had failed to certify a lab to conduct testing of manufactured products.”

The supply issues are incredibly disappointing to Hawaiians, who have waited 17 years for a legal way to purchase medical marijuana. Hawaii was among the first states to legalize medical marijuana in 2000, but it wasn’t until 2015 that dispensaries were legalized.

If this shaky launch sounds vaguely similar, that’s because it should. In July, Nevada’s governor declared a marijuana state of emergency to push lawmakers to adopt emergency legislation to fix its supply bottleneck. While Nevada acted quickly to work out some of its supply chain kinks, Hawaii’s state offices were closed over the weekend and so far have not released a statement addressing plans to fix the problem.

“We could serve thousands of patients with the amount of manufactured product we currently have available for final compliance testing,” said Cole. “Even though we were approved by the Department of Health on May 24th to manufacture cannabis products, the restrictions placed on the only licensed lab have prevented us from offering these products to our patients–and it is entirely unclear to us when this will change.”

Hawaii granted licenses to eight medical marijuana dispensaries throughout the Hawaiian islands last year. While several dispensaries began growing and harvesting the product, they were unable to sell it because until recently the state had not certified a lab.

According to the Cannabist, Honolulu-based dispensary Aloha Green was inspected Tuesday by the Department of Health and later announced it would open for sales Wednesday.

Maui Grown Therapies has also changed its operating hours to accommodate demand and will reopen for business Wednesday.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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The Path to Cannabis in Canada: Eight Crucial Events https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-canada-eight-crucial-events/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-canada-eight-crucial-events/#respond Thu, 10 Aug 2017 19:00:19 +0000 https://lawstreetmedia.com/?p=62650

Here's what you need to know about the path to legalization in Canada.

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Image courtesy of Cannabis Culture: license: (CC BY 2.0)

While the United States remains locked in an impasse between state and federal law, Canada looks to pass nationwide marijuana legalization this year and begin recreational sales in 2018. How did Canada get to this point? The path to legalization in Canada has been a haphazard one, driven largely by legal decisions. To make the recent Canadian cannabis developments easier to understand, below are eight key court cases and regulations that shaped the current landscape:

1996: Controlled Drugs and Substances Act (“CDSA”)

Provided for limited exemptions for the medical use of cannabis in Section 56, but legal access to dried marijuana for medical purposes was not provided until 1999.

2000: R. v. Parker (Ontario Court of Appeals)

Section 4 of the CDSA was found to be unconstitutional because prohibiting cannabis possession forced people to choose between liberty and health. The medical marijuana exemption in place was found to be unconstitutional because of the Minister of Health’s discretionary power.

2001: Marihuana for Medical Access Regulations (“MMAR”)

R. v. Parker led to the MMAR, which enabled individuals with the practitioner authorization to access dried marijuana for medical purposes by producing their own marijuana plants, designating someone to produce for them, or purchasing Health Canada supply.

April 1, 2014: Marihuana for Medical Purposes Regulations (“MMPR”)

The MMPR replaced the MMAR, which was officially repealed on March 31, 2014. For the first time in Canada, the new system allowed for the production and distribution of cannabis for medical purposes, but still contained restrictions on certain types of marijuana.

June 2015: R. v. Smith (Supreme Court of Canada)

The Court decided the MMPR’s restrictions were unconstitutional and that individuals with a medical need have the right to use and make other cannabis products. To eliminate uncertainty, in July 2015 the Minister of Health issued section 56 class exemptions under the CDSA to allow licensed producers to produce and sell cannabis oil and fresh marijuana buds and leaves in addition to dried marijuana, and to allow authorized users to possess and alter different forms of cannabis.

February 2016: Allard v. Canada

A Canadian federal court found that restricting an individual’s right to home grow and requiring individuals to get their marijuana only from licensed producers violated liberty and security rights protected by section 7 of the Canadian Charter of Rights and Freedoms. The Court found that individuals who require marijuana for medical purposes did not have “reasonable access” under the MMPR’s restrictions. Instead of striking certain portions of the MMPR or reinstating the MMAR, the court called for a new legislative framework for accessing medical marijuana.

August 24, 2016: Access to Cannabis for Medical Purposes Regulations (“ACMPR”)

The ACMPR, similar to the MMPR, provided for commercial production and distribution of quality-controlled fresh or dried marijuana or cannabis oil or starting materials (i.e., marijuana seeds and plants) and allowed for limited production by individuals. The two types of licenses to be aware of are: (1) Dealers License, issued under the Narcotic Control Regulations and permits activities with cannabis, including analytic testing and (2) Licensed Producers who are authorized to produce and sell cannabis under the ACMPR.

April 13, 2017: The Cannabis Act, Bill C-45 (the “Cannabis Act”)

On April 13, 2017, the Cannabis Act was introduced. If passed, it will provide Canadians with legal access to recreational cannabis nationwide. On June 8, 2017, after the second reading of the bill, the Act passed the House at a vote of 200 for and 76 against. The bill has now been referred to the Standing Committee on Health. The bill is widely expected to pass Parliament and take effect in the summer of 2018.

Canada is already a worldwide leader in the growing cannabis industry, with last year’s sales reaching over one billion Canadian dollars. With the passage of the Cannabis Act, annual sales are expected to increase to between five and eight billion in the first-year post-recreational legalization. And the total estimated annual economic impact could be as high as $23 billion. Given the size of the new market, anyone with an interest in cannabis should pay special attention to Canada and the eight key events listed above.

Amber D. Lengacher also contributed to this post.

Charlie Alovisetti
Charles Alovisetti is a senior associate and co-chair of the corporate department at Vicente Sederberg LLC. Prior to joining Vicente Sederberg, Charlie worked as an associate in the New York offices of Latham & Watkins and Goodwin where he focused on representing private equity sponsors and their portfolio companies, as well as public companies, in a range of corporate transactions, including mergers, stock and asset acquisitions and divestitures, growth equity investments, venture capital investments, and debt financings. He is a graduate of McGill University and Columbia Law School. Charlie is admitted to practice in Colorado and New York.

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Cannabis in America August 2017: Sessions’ Pot Task Force Recommends Status Quo https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-august-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-august-2017/#respond Mon, 07 Aug 2017 21:04:10 +0000 https://lawstreetmedia.com/?p=62626

Check out our August Cannabis in America newsletter!

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Image Courtesy of Office of Public Affairs: License (CC BY 2.0)

All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.


STATE OF WEED: WATCH

Sessions Lacks Ammo for Marijuana Crackdown

Attorney General Jeff Sessions’ Task Force on Crime Reduction and Public Safety has released its recommendations for dealing with marijuana in states that have legalized it, concluding that the current policy is probably best. According to the Associated Press, the report “encourages officials to keep studying whether to change or rescind the Obama Administration’s more hands-off approach to enforcement.” While the task force failed to advance Sessions’ anti-marijuana efforts, some experts believe the AG could still invoke federal law to push his agenda.

Marijuana Company Buys Ghost Town, Anticipating Green Rush

One of America’s largest marijuana companies, American Green Inc., bought an entire town in California in anticipation of the expanding pot industry. American Green purchased 120 acres of Nipton, California for $5 million, in hopes of turning the nearly-uninhabited town into a pot paradise. The company said it hopes to make Nipton the country’s “first energy-independent, cannabis-friendly hospitality destination,” in a statement according to the Associated Press.

Pollution, Pesticides, and Pot…Oh My!

Pollution from illegal marijuana farms in California has turned thousands of acres into toxic waste dumps, according to Reuters. The use of illegal pesticides and fertilizers has contributed to a list of environmental problems and sent several law enforcement officials to the hospital. The state has amassed a backlog of illegal sites to clean up, but the problem extends to the legal industry as well. According to the Cannabist, many states are just beginning to check for pesticides, or have no testing programs at all. This disconnect is because the EPA is barred from evaluating the safe use of marijuana pesticides as the drug is still illegal at the federal level.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”


LAW STREET CANNABIS COVERAGE

Cory Booker Proposes Bill to Legalize Marijuana at the Federal Level

By Alec Siegel

Cory Booker, a Democratic senator from New Jersey, introduced a bill on August 1 that would legalize marijuana at the federal level. Titled the Marijuana Justice Act of 2017, the legislation aims to lessen the impact of marijuana arrests and convictions, which disproportionately affect minority and low-income communities. The bill also establishes a fund to invest in community programs and institutions.

Senate Committee Approves Medical Marijuana Protections

By Alexis Evans

The Senate Appropriations Committee approved an amendment that would block the Department of Justice from using any funds to undermine state medical marijuana legislation. The effort, led by Senator Patrick Leahy (D-VT), specifically prohibits the Justice Department from using federal funds to prevent certain states “from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

House Committee Blocks Medical Marijuana Access for Veterans

By Alec Siegel

A House committee blocked an amendment in a VA spending bill that would have expanded access to medical marijuana for veterans. Because marijuana is classified as a Schedule I substance, it is banned by the federal government. Even as states legalize cannabis for medical and recreational purposes, veterans have struggled to gain access to medical marijuana through the VA.


THREE QUESTIONS: EXCLUSIVE Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

As the executive director of the National Organization for the Reform of Marijuana Laws (NORML), Erik Altieri understands the challenges marijuana legalization faces. NORML’s team of pro-marijuana activists are spread out around 150 chapters in the U.S., France, New Zealand, and elsewhere around the world. Law Street’s Alec Siegel spoke with Altieri about NORML’s legalization efforts, when he expects we’ll see federal legalization, and more.

AS: What is the greatest impediment to federal marijuana legalization?

EA: I think the impediment is still a lack of political will among some of the more entrenched and senior officials in Congress. They are starting to realize [marijuana] is something they need to address. We are starting to see that pay dividends in the bipartisan support coming together in Congress. It’s been four decades plus since [marijuana] prohibition, and it will take some time to unwind that problematic policy.

AS:  Has NORML shifted its focus after the new administration came into office?

EA: [The administration] really lit a fire under many of our activists across the country. For the first time, [an administration] represents a real major threat to progress. It would be immensely unpopular if [AG Jeff Sessions] issued a crackdown. We did not take a “wait-and-see approach,” hoping for the best. We wanted to make sure the backlash was clear and evident from the beginning to show this is exactly why we need to reform marijuana laws. If we change the law, Sessions’ hands would be tied.

AS: Where do you see legalization going over the next decade? When do you predict we’ll see full legalization?

EA: It’s not going anywhere any time soon. Unfortunately for people like Jeff Sessions, public opinion is behind us. Movement at the state level is the driving force over the next five years, and pressure from the bottom up will continue pushing us toward the tipping point. The more states we move, the more natural allies we’ll bring on board. For the next couple of years, fights at the federal level will be over budget amendments.


CANNABIS CULTURE

Maine Dispensary Trades Weed for Trash in Community Clean Up Effort

By Josh Schmidt

As part of an effort to engage the Gardiner, Maine, community and clean up the town of roughly 5,000, a nearby marijuana dispensary is rolling out an innovative new program. Essentially, citizens who bring in a bag of collected trash can exchange it for some weed.

Find out more here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Cory Booker Proposes Bill to Legalize Marijuana at the Federal Level https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cory-booker-legalize-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cory-booker-legalize-marijuana/#respond Wed, 02 Aug 2017 18:22:47 +0000 https://lawstreetmedia.com/?p=62517

Booker's bill would also expunge previous federal marijuana offenses.

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Image Courtesy of TechCrunch; License: (CC BY 2.0)

Cory Booker, a Democratic senator from New Jersey, introduced a bill on Tuesday that would legalize marijuana at the federal level. Titled the Marijuana Justice Act of 2017, the legislation aims to lessen the impact of marijuana arrests and convictions, which disproportionately affect minority and low-income communities. The bill also establishes a fund to invest in community programs and institutions.

“Our country’s drug laws are badly broken and need to be fixed,” Booker said in a press release accompanying the bill’s announcement. “They don’t make our communities any safer – instead they divert critical resources from fighting violent crimes, tear families apart, unfairly impact low-income communities and communities of color, and waste billions in taxpayer dollars each year.”

While marijuana is fully legal in eight states and D.C., it is barred at the federal level, classified as a Schedule I substance, joining heroin, LSD, and ecstasy. Booker’s bill would declassify marijuana, effectively legalizing it.

The legislation also would penalize states that have not legalized marijuana and have “a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses.” Such states would not receive federal funding for constructing or staffing prisons and jails. Other funds would be withheld as well.

 A prominent advocate for criminal justice reform, Booker also seeks to remedy the ills brought to minority communities by the War on Drugs. The bill would retroactively expunge federal marijuana convictions, and allow prisoners’ sentences to be reviewed. Marijuana arrests make up more than half of all drug arrests. And a 2013 ACLU report showed that in 2010, a black American was four times as likely as a white American to be arrested for marijuana possession.

Booker, in a statement on his Facebook page, said his bill “is the right thing to do for public safety, and will help reduce our overflowing prison population.” The legislation would create a Community Reinvestment Fund “to establish a grant program to reinvest in communities most affected by the war on drugs.” Grants would go toward job training and reentry programs, public libraries, youth programs, and health education programs.

Erik Altieri, executive director of marijuana reform group NORML, applauded Booker’s bill. In a statement, he said: “Not only is it imperative we end our failed experiment of marijuana prohibition, we must also ensure justice for those who suffered most under these draconian policies.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Senate Committee Approves Medical Marijuana Protections https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/senate-committee-approves-medical-marijuana-protections/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/senate-committee-approves-medical-marijuana-protections/#respond Fri, 28 Jul 2017 19:41:53 +0000 https://lawstreetmedia.com/?p=62426

Congress vs. AG Sessions' anti-marijuana agenda.

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Image Courtesy of Senate Democrats: License (CC BY 2.0)

The Senate Appropriations Committee approved an amendment Thursday that would block the Department of Justice from using any funds to undermine state medical marijuana legislation.

The effort, led by Senator Patrick Leahy (D-VT),  specifically prohibits the Justice Department from using federal funds to prevent certain states “from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

“The Senate is sending a clear message to Jeff Sessions–keep your hands off states that have reformed their marijuana laws,” said Michael Collins, Deputy Director of the Drug Policy Alliance’s Office of National Affairs. “Today’s vote is a huge win for the marijuana reform movement, because in the face of real pressure from the Department of Justice, the Senate has opted to block Jeff Sessions from interfering with any medical marijuana law.”

Congress has added the amendment, also known as Rohrabacher-Farr, to federal budgets every year since 2014. In May, Attorney General Jeff Sessions sent a letter to Congressional leadership, personally requesting that Congressional leaders exclude the amendment, signaling a possible federal crackdown on marijuana.

Sessions, who oversees the Drug Enforcement Agency, defended the request, writing in the letter:

I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime. The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.

Twenty-nine states and the District of Columbia have passed laws legalizing various forms of medical marijuana, and there are currently over 2 million registered patients.

Last August, the Ninth Circuit Court of Appeals unanimously ruled that the amendment’s language prevents the federal government from prosecuting state-authorized medical marijuana users, if no state laws have been broken.

The Senate Committee still has to approve the amendment for the final appropriations budget. But Thursday’s vote is a clear rebuke of Sessions, who is expected to unveil a DOJ task force report soon linking marijuana to violent crime.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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House Committee Blocks Medical Marijuana Access for Veterans https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/house-committee-blocks-effort-to-expand-medical-marijuana-access-for-veterans/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/house-committee-blocks-effort-to-expand-medical-marijuana-access-for-veterans/#respond Thu, 27 Jul 2017 18:13:14 +0000 https://lawstreetmedia.com/?p=62391

The amendment could still make it into a final bill.

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A House committee on Tuesday blocked an amendment in a VA spending bill that would have expanded access to medical marijuana for veterans. Because marijuana is classified as a Schedule I substance, it is banned by the federal government. Even as states legalize cannabis for medical and recreational purposes, veterans have struggled to gain access to medical marijuana through the VA.

Sponsored by Representative Earl Blumenauer (D-OR), the Veterans Equal Access amendment would bar federal funds from blocking veterans’ access to medical marijuana in states that have legalized it. The amendment, proposed as part of the 2018 Military Construction bill, would have permitted VA doctors to “make appropriate recommendations, fill out forms, or take steps to comply” with medical marijuana programs in states that have legalized it.

In the 29 states–plus D.C.–that have legalized medical marijuana, VA doctors cannot prescribe or recommend medical marijuana to their patients, because the VA is a federal agency. For veterans afflicted with psychiatric conditions, like PTSD, medical marijuana can be an effective tool–and is much less dangerous than opiates. The American Legion and other veterans groups support greater access to medical marijuana for veterans.

“Given that veterans are more likely to commit suicide or die from opiate overdoses than civilians, our fight to provide them safer alternatives won’t stop here,” Blumenauer, a founding member of the Congressional Cannabis Caucus, said in a statement. “We have stronger support in the House and Senate than ever before, and we will keep advocating for a more rational approach.”

For the last several years, a growing group of lawmakers from both parties have tried to tie the equal access amendment to the VA spending bill. Last year, both the House and the Senate passed the amendment, but it was dropped during conference discussions on the final bill. This year’s effort is not entirely dead. Earlier this month, the Senate Appropriations Committee easily passed a similar amendment, so when both chambers meet to hash out the final VA bill, it could still make the cut.

“All we want is equal treatment for our wounded warriors,” Blumenauer added. “This provision overwhelmingly passed on the House floor last year – and bipartisan support has only grown. It’s outrageous that the Rules Committee won’t even allow a vote for our veterans. They deserve better. They deserve compassion.”

Despite the federal government’s reluctance to reform marijuana laws, or to reclassify marijuana, a bipartisan chorus is growing in support of legalization–Blumenauer’s amendment was co-sponsored by nine Democrats and nine Republicans. And though the House committee did not pass the amendment, at least one Republican member publicly supported it.

“I’ve seen firsthand the benefit people can derive from medical marijuana,” Representative Dan Newhouse (R-WA) said. “It seems to me if it’s available and it works, we should make that available to our veterans as well.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Maine Dispensary Trades Weed for Trash in Community Clean Up Effort https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maine-dispensary-weed-trash/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maine-dispensary-weed-trash/#respond Tue, 25 Jul 2017 21:28:58 +0000 https://lawstreetmedia.com/?p=62340

One man's trash is another man's marijuana.

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"harvest hang out" courtesy of Mark: License (CC BY 2.0)

As part of an effort to engage the Gardiner, Maine, community and clean up the town of roughly 5,000, a nearby marijuana dispensary is rolling out an innovative new program. Essentially, citizens who bring in a bag of collected trash can exchange it for some weed.

Dennis Meehan, owner of Summit Medical Marijuana, offered the marijuana as a gift to adults over the age of 21. Citizens would meet Meehan at the park and get two trash bags to explore the city and collect any garbage they found.

If residents collected a full bag of trash from around the city they could bring it back and pick up their gifted weed. The exchange rate was one full trash bag for one gram of marijuana. Gifting weed to others became legal in Maine after recreational marijuana was legalized in January. Across municipalities with legalized weed, gifting weed has become a common method to circumvent rules against selling the product on the street.

For more information on the status of legalization in Maine check out our “State of Weed” map here

He was inspired to put the event together by a similar weed exchange community event he heard about in Colorado. “[I heard of it in] Colorado – there was a town that did this,” Meehan told the local NBC affiliate. “They had a great response to this. So I was hoping to do the same thing in Maine.”

Meehan advertised the event on the dispensary’s Facebook page. After seeing its success, Meehan hopes to expand the program and make it statewide. While there are certainly some business interests at play here, Meehan also said that he wants to promote the “life-changing” aspects of marijuana, according to the Associated Press.

The nascent marijuana industry has been, so far, considered a success. One important aspect is the massive tax influxes that states that have legalized it have seen. For example, Colorado pulled in $200 million in just tax revenue in 2016, according to MarketWatch. Meehan’s actions prove that there are even more interactive ways for the marijuana industry to engage with the community.

For an industry that faces plenty of criticism, working with local communities could have a huge impact on public perception and how quickly critics shift their views. Now, it’s time to see if other marijuana businesses engage their communities in a similar way to Meehan and his Colorado inspiration.

Josh Schmidt
Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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Recreational Marijuana Sales Start in Uruguay https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uruguay-recreational-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uruguay-recreational-marijuana/#respond Sat, 22 Jul 2017 14:12:26 +0000 https://lawstreetmedia.com/?p=62286

Uruguay is officially the first nation to fully legalize recreational marijuana.

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Uruguay Courtesy of Vince Alongi: License (CC BY 2.0)

Legal recreational marijuana sales officially began Wednesday in Uruguay at pharmacies all across the South American nation. Authorities report that nearly 5,000 people have already signed up for the national registry.

While the program is the first of its kind–Uruguay is the first nation to fully legalize the production and sale of recreational marijuana–it isn’t a cannabis free-for-all. It comes with some restrictions:

  • All buyers need to officially register with the country’s national registry, and must be 18 years or older.
  • Buyers’ fingerprints must be scanned at every purchase.
  • You can only buy up to 10g (0.35oz) a week and no more than 40g a month.
  • There are also only two strains available: Alpha 1 and Beta 1.
  • Marijuana tourism is a “no go,” as foreigners are prohibited from registering.

According to the Huffington Post, “the Uruguayan model allows four forms of access to marijuana: medical marijuana through the Ministry of Public Health; domestic cultivation of up to six plants per household; membership clubs where up to 45 members can collectively produce up to 99 plants; and licensed sale in pharmacies to adult residents.”

Reportedly, about 70 percent of people who had registered to buy marijuana from pharmacies were men, most of them aged 30-44.

As previously mentioned, Uruguay’s market is significantly cheaper than those in the United States. Pharmacies began selling the drug at $1.30 per gram compared to $5-$15 per gram in legal American states. The government hopes that by pricing marijuana below black market prices, it will undercut drug traffickers.

“These are measures designed to help people who are already users without encouraging others who don’t consume,” Alejandro Antalich, the vice president of the Center of Pharmacies in Uruguay, an industry group, told the New York Times. “If this works as planned, other countries could adopt it as a model.”

Will Uruguay Impact the U.S.?

It’s hard to say. The U.S. has had its hits and misses when it comes to adopting marijuana legislation. Colorado saw roughly $1.1 billion in legal sales of medical and recreational marijuana last year, while Nevada’s highly anticipated recreational launch proved to be a bit of an embarrassment thanks to unsolved distribution supply chain issues.

If Uruguay’s model proves successful, it could prove to be a workable template for more legalization efforts in America

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Federal Officials Visit Colorado to Learn About Legal Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/colorado-legal-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/colorado-legal-marijuana/#respond Fri, 21 Jul 2017 15:47:09 +0000 https://lawstreetmedia.com/?p=62285

Federal representatives held meetings in Denver and Colorado Springs.

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Image Courtesy of Larry Johnson; License: (CC BY 2.0)

Federal officials visited Denver and Colorado Springs this week, holding a number of private meetings with local representatives about Colorado’s legal marijuana system and its sizable black market. The federal fact-finding mission comes as pro-marijuana advocates across the country worry about a fresh crack-down on marijuana users and sellers by Attorney General Jeff Sessions.

The first meeting took place in Denver on Tuesday. According to Colorado Governor John Hickenlooper’s marijuana adviser Mark Bolton, representatives from the Office of National Drug Control Policy, Domestic Policy Control, and the State Department attended the closed-door session.

“Our purpose was to convey to them the strength of our regulatory system and our enforcement system and our policies and practices,” Bolton, who was also present at the meeting, told The Cannabist. He added that the federal officials saw the meeting “as an educational opportunity.”

Colorado’s attorney general, Cynthia Coffman, also met with the federal officials. Coffman and Hickenlooper, in a joint statement, said the meeting “focused on sharing Colorado’s experience creating and executing a robust and effective regulatory and enforcement system, and our continuing efforts to protect public health and public safety.”

In April, Hickenlooper joined three other governors from states that have legalized marijuana in asking Sessions and Treasury Secretary Steve Mnuchin to consult them “before embarking on any changes to regulatory and enforcement systems.”

Thus far, Sessions has expressed a personal animus for marijuana, but has not taken any drastic measures to enforce federal law over state law. Marijuana is banned at the federal level, while eight states and D.C. have fully legalized cannabis.

In the second meeting, on Wednesday in Colorado Springs, federal officials, including representatives from the DEA, met with the city’s mayor, John Suthers. Local officials were criticized for holding the meeting in private, which they did because the meetings “include sensitive investigative information,” according to a statement from Suthers.

“The folks that came out didn’t want it public; there’s no reason for it to be public,” Suthers told KKTV 11, a local news station that reported the meetings. Suthers added he believes the officials visited Colorado, which legalized marijuana in 2012 “to find out what law enforcement and other regulatory agencies’ view is toward marijuana regulation in Colorado.”

Both meetings come the week before the Justice Department is set to release a report on violent crime, immigration, and drug trafficking. It is unclear if the meetings, which also featured discussions about Colorado’s black marijuana market, are related to that report.

Meanwhile, a Denver-based research company reported this week that Colorado has collected over $500 million from marijuana taxes since legal sales began in January 2014.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Nevada Approves Emergency Marijuana Regulations to Fix Supply Shortage https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nevada-approves-emergency-marijuana-regulations/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nevada-approves-emergency-marijuana-regulations/#respond Fri, 14 Jul 2017 18:55:08 +0000 https://lawstreetmedia.com/?p=62149

The great shortage could soon be over!

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Nevada approved emergency marijuana regulations Thursday, aiming to fix the state’s marijuana “state of emergency.” The Nevada Tax Commission voted unanimously to expand the definition of who is allowed to transport marijuana from cultivation facilities to retail dispensaries.

Under the expanded regulations, distributors previously operating in Nevada’s medical marijuana program, which was implemented in the state in 2001, would be able to be awarded licenses, according to the Las Vegas Sun.

How Did We Get Here?

A bureaucratic bottleneck turned Nevada’s recreational marijuana launch into a distribution disaster. The state rushed its July 1 launch, without awarding any distribution licenses to alcohol wholesalers, who maintain a transport monopoly for the first 18 months of sales.

With no timeline for when the supply chain issues would be fixed, retailers stockpiled marijuana based off initial sales estimates. But as marijuana flew off the shelves at record numbers, dispensaries couldn’t keep up. Available product wasn’t the issue; in fact, growers still possessed plenty of marijuana. But with no legal way of transporting it to licensed retailers, the market was left in a legal limbo.

Gov. Brian Sandoval declared a marijuana state of emergency less than a week after the market launch in an effort to fix the shortage problems and keep the fledgling market up and running. If left unfixed, thousands could have found themselves out of a job and the state would inevitably lose out on some of the money it budgeted toward beefing up public education.

“When businesses operate we get the tax revenue and that’s what the state wants,” testified Deonne Contine, director of the Nevada Department of Taxation, at the emergency hearing in Carson City. “We need to do everything we can to get more distributors licensed so these businesses can continue operating.”

First Distribution Licenses Awarded

The Department of Taxation issued its first distribution license Wednesday to Crooked Wine Co., a Reno based alcohol wholesaler, according to Stephanie Klapstein, spokeswoman for the department.

Crooked Wine signed an operation agreement to work with Blackbird Logistics Corporation, an established medical marijuana distributor also based in Reno, which began shipping product almost immediately. According to the Reno Gazette-Journal, “Crooked will have the license, but Blackbird will be in charge of the on-the-ground duties.”

A second license was issued Thursday to Rebel Wine, a Las Vegas-based wholesale alcohol distributor.

Contine said it’s too early to tell whether the alcohol wholesalers will be able to handle the demand statewide. She said one of the new licensees is “pretty stressed out about what he’s going to be asked to do.”

“There’s room in this market for plenty of more,” Contine said, adding that she’s hopeful some additional alcohol wholesalers could be licensed in the days or weeks ahead.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Nevada Declares Weed “State of Emergency” After Sales Exceed Expectations https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nevada-weed-state-emergency/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nevada-weed-state-emergency/#respond Tue, 11 Jul 2017 20:16:05 +0000 https://lawstreetmedia.com/?p=62014

Marijuana has only been legal in the state since July 1.

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Nevada is already in the midst of a full blown marijuana “state of emergency,” as the state’s fledgling recreational market struggles to keep legal pot from flying off the shelves.

On Friday, Gov. Brian Sandoval endorsed the state of emergency, allowing state officials to adopt “emergency marijuana regulation” in order to accommodate for the unplanned pot shortage.

The 47 retail stores licensed to sell marijuana in the state began selling recreational marijuana from their stockpiles starting July 1. According to the Department of Taxation, Nevada’s marijuana sales have exceeded the industry’s original estimates–the opening weekend resulted in “well over” 40,000 transactions.

The Nevada Dispensary Association estimated that dispensaries made about $3 million in sales–with the state netting about $1 million in tax revenue–in the first four days of legalization.

Some dispensaries need new shipments of product asap, but logistical issues have thrown a major wrench in distribution. Wholesale alcohol distributors have exclusive rights to transport wholesale marijuana for the first 18 months of legal sales, but the state has issued zero distribution licenses due to legal issues, incomplete applications, and zoning laws.

“Unless the issue with distributor licensing is resolved quickly, the inability to deliver product to the retail stores will result in many of these employees losing their jobs and will cause this nascent industry to grind to a halt,”  Sandoval said in a statement.

The state tried to fix the distribution problem earlier this year by opening up the licenses to other types of businesses, but the liquor wholesalers successfully sued to keep their transport monopoly.

If left unfixed, Stephanie Klapstein, a spokesperson for the Department of Taxation, says the halt in marijuana sales will also lead to “a hole in the state’s school budget.” A 15 percent tax on the cultivation of marijuana generates revenue for schools, while the 10 percent sales tax can be used for the state’s rainy day fund.

The Nevada Tax Commission will vote on the regulations to fix the supply-chain issues on Thursday.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Uruguay is Set to Become First Country to Sell Fully Legal Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uruguay-first-country-legal-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uruguay-first-country-legal-marijuana/#respond Tue, 11 Jul 2017 18:27:50 +0000 https://lawstreetmedia.com/?p=62013

Marijuana will hit pharmacy shelves later this month.

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Image Courtesy of Roberto C.; License: (CC BY-ND 2.0)

Dozens of pharmacy shelves in Uruguay will soon be stocked with a plant that is entirely prohibited in most other countries: cannabis. Three and a half years ago, Uruguay became the first country to fully legalize marijuana. And later this month, after overcoming legal hurdles and a presidential transition, government-approved marijuana will be sold out of dozens of pharmacies across the country.

Priced at $1.30 per gram, the legal weed will exclusively be sold at pharmacies. Uruguay’s government will have tight control over the process, from planting to puffing. The marijuana plants’ genetic material will be determined by the government, as will its THC–marijuana’s psychoactive component–concentration. Uruguayans ages 18 and up can purchase up to 40 grams each month.

According to the Washington Post, customers will register for the marijuana program via a government database. Instead of producing identification at the register to prove their age, customers will place their thumb on a scanner, which will be linked to the database, providing pharmacies with a buyer’s purchasing history.

Unlike some of the U.S. states that have legalized recreational marijuana, there will be no smoking cafes as part of Uruguay’s legalization regime. Foreigners cannot purchase marijuana, and there will be no shops selling pot edibles or other marijuana-infused products. For some, the caveats to Uruguay’s marijuana legalization are overburdensome and unnecessary. But to public health officials, the regulations will hopefully ensure marijuana does not tread down the same path as the tobacco industry.

“The risk of what they’re doing in Colorado is that you end up with something like the tobacco industry,” Julio Calzada, a public health official in Uruguay, told the Washington Post. “To us, marijuana is a vegetable substance with a capacity to generate addiction,” added Calzada, who helped design the regulatory framework after legalization in 2013, “so what we’re trying to do is control the production, distribution and consumption of that substance as effectively as possible.”

Uruguay is a socially liberal society, where gambling and prostitution are legal. The government maintains control of a majority of sectors, including banking and utilities. The same goes for its nascent legal weed market–only two government-approved private firms will supply marijuana to about three dozen pharmacies across the nation.

Distribution will be coordinated by the Institute for the Regulation and Control of Cannabis (IRCCA). According to its website, over 4,600 people have already signed up for the government database. Meanwhile, in America, marijuana advocates are worried the country’s top enforcer, Attorney General Jeff Sessions, will initiate stringent anti-marijuana measures. He once said “good people don’t smoke marijuana.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Cannabis in America July 2017: Sin City Welcomes Legal Weed https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-july-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-july-2017/#respond Mon, 03 Jul 2017 18:40:54 +0000 https://lawstreetmedia.com/?p=61871

Check out the July Cannabis in America Newsletter!

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"Welcome to Fabulous Las Vegas Sign" Courtesy of PIVISO: License Public Domain

All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.


State of Weed: Watch

Nevada Prepares to Rake in the Dough Thanks to New Legal Weed Market

Starting July 1, Nevada began recreational marijuana sales. As a result, Las Vegas is expected to see a major tourism boom. An Economic and Fiscal Benefits Analysis prepared by Las Vegas-based RCG Economics in conjunction with the Marijuana Policy Group predicts that the state will actually rake in $393 million in annual sales of adult-use marijuana in 2018, and that the number will rise to a staggering $486 million by 2024. California, Maine, and Massachusetts are expected to begin recreational marijuana sales next year.

Denver Finalizes First Social Marijuana Use Program 

Denver’s top licensing official has unveiled final rules for the state’s pilot social-use program, which would allow some patrons to use marijuana in certain public settings. The four-year pilot program, the first of its kind in the nation, will allow businesses to apply for $2,000 social-use licenses to allow patrons the ability to BYOW (bring your own weed). According to the new rules, the licensing department will also no longer require businesses with consumption area permits to have customers sign waivers as they enter.

Arkansas is Now Accepting Medical Marijuana Applications

Arkansas is one step closer to offering medical marijuana to patients with select medical conditions. Prospective patients can now apply for medical marijuana cards on the state Department of Health site. Voters approved the Arkansas Medical Marijuana Amendment last November. Applicants will need to have an email address, a written certification from their physician, and a state-issued ID to apply, and must pay a nonrefundable $50 fee. According to the Associated Press, the state Department of Health expects anywhere from 20,000 to 40,000 people to apply to use the drug.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”


Law Street Cannabis Coverage

Officer Who Shot Philando Castile Says Smell of Marijuana Made Him Fear For His Life

By Alexis Evans

The officer who fatally shot Philando Castile during a traffic stop last July said the smell of “burnt marijuana” coming from the vehicle made him fear for his life. The weak justification comes from a newly released transcript of Minnesota police officer Jeronimo Yanez’s interview with two special agents from the Minnesota Bureau of Criminal Apprehension, the state agency investigating the shooting.

Massachusetts Marijuana: Voters Could See Huge Spike in Sales Tax

By Alexis Evans

Massachusetts marijuana advocates are up in arms over a new House-backed proposal that could more than double the total sales taxes on recreational marijuana before the new industry is even up and running. The legislation is part of a proposed re-write of the state’s new recreational marijuana law approved by voters in a November referendum.

How Did We Get Here? A Brief History of Cannabis Legalization in Colorado

By Kelly Rosenberg

Legalized cannabis. From California’s Proposition 215 in 1996 to West Virginia’s SB 386 in 2017, legalized cannabis is becoming the norm. And in Colorado, legalized cannabis is almost old news. But how did we get here? A mix of timing, trailblazers, economics, and politics.


Three Questions: Exclusive Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

Aaron Augustis served in the U.S. Army for over five years. When he returned to San Francisco from a tour in Iraq, Augustis had trouble transitioning to the civilian world. He began treating his PTSD with medical marijuana. After spending years in the world of finance, Augustis decided to help his fellow veterans. He founded the Veterans Cannabis Group, which advocates on behalf of veterans who use medical marijuana. Law Street’s Alec Siegel spoke with Augustis about how medical cannabis helped him, how it can help other veterans, and more.

AS: How has medical marijuana helped you personally?

AA: When I came back [from Iraq], I underestimated the transition into civilian life and I smoked a lot of cannabis. If I hadn’t smoked cannabis by 10 or 11 in the morning I would start crying. Emotions I had bottled up would start coming out. I [used marijuana] heavily because it helped to calm me. [Cannabis is] a great tool to have in your toolbox. It’s not going to cure you. It’s going to relieve your symptoms so you’ll be able to function.

AS:  Why is it important that veterans have increased access to medical marijuana?

AA: Because it’s a proven natural medicine for PTSD, and you have 22 veteran suicides a day, maybe even more. We can save more lives if more vets are using cannabis. The opiate and pill usage would go down, which [would] lower overdoses and suicides. [Cannabis] can help reduce medication intake, reduce suicide, and is good for other ailments as well.

AS: Has the Trump Administration changed how the VCG interacts with the government?

AA: You’ve got to watch Sessions because he’s the [Attorney General]. But really I think there is so much movement–the ball is rolling. To stop it now would be crazy. There would be some major, major problems for the federal government. We’re cautious, we’re monitoring, but I don’t know if anything has changed on our side.


Cannabis Culture

How Has Marijuana Legalization Impacted Driving Safety?

By Alec Siegel

Opponents of marijuana legalization often cite safety concerns, especially regarding the effects it would have on drivers. Alcohol causes enough harm, so why add marijuana to the mix? Two recent studies, both published last week, provide some insights into how legalization has–or has not–affected crash and fatality rates.

Want to get the Cannabis in America Newsletter each month? Sign up here!

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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How Did We Get Here? A Brief History of Cannabis Legalization in Colorado https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-legalization-colorado/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-legalization-colorado/#respond Fri, 30 Jun 2017 16:02:20 +0000 https://lawstreetmedia.com/?p=61773

How did Colorado become a hotspot for legalization?

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Image courtesy of bk1bennett; License: (CC BY-ND 2.0)

Legalized cannabis. From California’s Proposition 215 in 1996 to West Virginia’s SB 386 in 2017, legalized cannabis is becoming the norm. And in Colorado, legalized cannabis is almost old news. But how did we get here? A mix of timing, trailblazers, economics, and politics.

The genesis of the Golden Age of the Ganjapreneuer in Colorado began in 2001, when Colorado voters amended the Colorado Constitution by adopting Amendment 20, which provides limited protection from criminal prosecution for medical cannabis patients, primary caregivers, and to a certain extent, physicians. For several years, Amendment 20 existed quietly and those governed by it operated largely under the radar. Slowly, medical cannabis dispensaries began to appear, as did large-scale home grows.

In 2004, the Colorado Department of Health attempted to begin serious regulation of medical cannabis. However, when adopting an administrative rule that attempted to limit a primary caregiver’s allowable activity, the department made procedural errors. Consequently, the rule was thrown out when challenged in district court in 2007.

In 2009, there were several factors that promoted substantial growth in the number of Colorado cannabis businesses. First, Deputy Attorney General David Ogden issued the Ogden Memo regarding investigation and prosecutions in states authorizing medical cannabis. The Ogden Memo encouraged U.S. Attorneys to not focus federal resources on individuals whose actions were in clear and unambiguous compliance with state medical cannabis laws. Second, the Department of Health unsuccessfully attempted to re-promulgate its failed rule, giving medical cannabis activists momentum and political clout. Third, consistent with other states, Colorado was in the midst of the Great Recession. Unemployment rates were high and empty retail space abounded. Businesses that could pay rent were welcome.

Consequently, the stars aligned for cannabis businesses in Colorado. The industry took off. The number of registered patients grew from approximately 5,000 to over 100,000, and the number of dispensaries grew proportionally. Without regulation, innovation in the marketplace was unfettered.

The cannabis industry could not be ignored and the Colorado General Assembly responded in 2010 by adopting the Colorado Medical Marijuana Code. The statute essentially grandfathered in the operating businesses, but subjected them to strict requirements, mandated eventual licensure to continue operating, and created the Medical Marijuana Enforcement Division, or MED. The MED was the first agency of its kind and was tasked with regulating every aspect of medical cannabis businesses from seed-to-sale.

As the new MED struggled to properly regulate the medical cannabis industry, in 2012 Colorado voters passed Amendment 64 to the Colorado Constitution. Amendment 64 both legalized personal use of marijuana for individuals over 21 (subject to certain restrictions) and established a basic regulatory structure for recreational cannabis businesses. In 2013, the MED was properly funded and full-scale regulation began.

The rest is history. Legal cannabis in Colorado is currently a billion dollar a year industry. The MED is a successful regulator and the cannabis industry is among the most regulated of all industries. And while there are certainly industry players that have been around for a decade, most are new and unaware of the history driving Colorado’s successful cannabis legalization experiment.

Corey Cox also contributed to this article. 

Kelly Rosenberg
Kelly Rosenberg, a Senior Associate at Vicente Sederberg, was central to the Colorado Department of Revenue’s efforts to regulate marijuana from when the Department embarked on the groundbreaking work in 2010 through March of 2016. As an attorney with the Colorado Department of Law, Kelly was assigned as the general and litigation counsel to the Colorado Medical Marijuana Enforcement Division. There, she played a key role in the MMED’s early work to craft its regulatory structure. In 2013, she became an even more integral part of the regulatory development process after recreational marijuana was legalized and the MMED became the Marijuana Enforcement Division. Ms. Rosenberg worked on and legally reviewed all rules adopted by the agency. In addition, she provided day-to-day legal counsel to the MED on a variety of matters including open records, requests for positions statements, subpoenas, policies, procedures, contracts, employment issues, and trademark concerns, and presided as general counsel over all of the MED’s emergency and permanent rule making processes. At Vicente Sederberg, Ms. Rosenberg serves as Chair of the Administrative and Regulatory Law Department and assists clients with regulatory and compliance issues as well as administrative matters. She is also a key member of the firm’s new Government Relations Department, which assists governmental entities in the process of drafting medical and retail marijuana laws, ordinances, and regulations.

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How Has Marijuana Legalization Impacted Driving Safety? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-legalization-driving-safety/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-legalization-driving-safety/#respond Tue, 27 Jun 2017 18:20:01 +0000 https://lawstreetmedia.com/?p=61704

A pair of recently published studies provide some insight.

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"Head-on Car Accident" Courtesy of Chris Yarzab; License: (CC BY 2.0)

Opponents of marijuana legalization often cite safety concerns, especially regarding the effects it would have on drivers. Alcohol causes enough harm, why add marijuana to the mix? Two recent studies, both published last week, provide some insights into how legalization has–or has not–affected crash and fatality rates.

The first study, conducted by the Insurance Institute for Highway Safety (IIHS), analyzed insurance claims for car crashes between January 2012 and October 2016. The study compared claims filed in states that have legalized marijuana–Colorado, Washington, and Oregon–with states nearby that have not. In the states that had legalized pot, insurance claims were about three percent higher than what would be expected if they had not legalized pot, the study found.

“The combined-state analysis shows that the first three states to legalize recreational marijuana have experienced more crashes,” Matt Moore, the senior vice president of IIHS’s Highway Loss Data Institute, said in a statement. “The individual state analyses suggest that the size of the effect varies by state.”

David Zuby, executive vice president and chief research officer at IIHS, said: “Worry that legalized marijuana is increasing crash rates isn’t misplaced,” adding that the findings “should give other states eyeing legalization pause.”

But another study published in the American Journal of Public Health found no significant uptick in crashes due to legalization.

Using federal data on vehicle collisions between 2009 to 2015, the study found no increase in crashes between Washington and Colorado–both of which have legalized recreational marijuana–and other states.

“Three years after recreational marijuana legalization, changes in motor vehicle crash fatality rates for Washington and Colorado were not statistically different from those in similar states without recreational marijuana legalization,” the study concluded.

While previous studies have illustrated the dangers of driving under the influence of marijuana, others have suggested that states with medical marijuana laws have seen a drop in traffic incidents. A study published last December, also in the American Journal of Public Health, found an 11 percent drop in crash fatalities in the 28 states (and D.C.) that have legalized medical marijuana.

Dr. Silvia Martins, the author of that study, theorized that the drop could be the result of drivers swapping alcohol, a substance that led to about 10,300 driving deaths in 2015, to marijuana.

“We found evidence that states with the marijuana laws in place compared with those which did not, reported, on average, lower rates of drivers endorsing driving after having too many drinks,” Martins said in a statement when the study was published last year.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Officer Who Shot Philando Castile Says Smell of Marijuana Made Him Fear For His Life https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/officer-philando-castile-marijuana-smell/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/officer-philando-castile-marijuana-smell/#respond Sat, 24 Jun 2017 21:34:34 +0000 https://lawstreetmedia.com/?p=61629

No, smoking pot does not mean you're dangerous. And yes, this crime was racially motivated.

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Image Courtesy of Fibonacci Blue: License (CC BY 2.0)

The officer who fatally shot Philando Castile during a traffic stop last July said the smell of “burnt marijuana” coming from the vehicle made him fear for his life. The weak justification comes from a newly released transcript of Minnesota police officer Jeronimo Yanez’s interview with two special agents from the Minnesota Bureau of Criminal Apprehension, the state agency investigating the shooting.

“I thought I was gonna die,” said Yanez when recounting the shooting the following day. “If he has the, the guts and the audacity to smoke marijuana in front of the five year old girl and risk her lungs and risk her life by giving her secondhand smoke and the front seat passenger doing the same thing then what, what care does he give about me.”

In other words, Yanez interpreted the smell of marijuana to mean that Castile had no regard for human life–a quantum leap, if I’ve ever heard one.

In the transcript, Yanez repeatedly mentions smelling marijuana in the car and claims it was on his mind at the time of the shooting. He said that because of the odor, he didn’t know if Castile had the gun “for protection” from a drug dealer or people trying to rob him. Make no mistake, Yanez’s prejudicial jump from possible pot user to criminal evading drug dealers is racially motivated, and he likely wouldn’t have come to that conclusion had Castile been white.

But more than half of American adults have admitted to trying marijuana at least once, and 22 percent of adults say they currently use marijuana. Numerous studies have shown that marijuana actually decreases aggression for many individuals. The majority of states have some kind of marijuana legislation–whether that be medical or recreational–on the books, and a growing number of states are actively advancing toward legalizing the drug recreationally.

While it is illegal to smoke marijuana without a medical license in the state of Minnesota, the drug is in fact decriminalized. Possessing 42.5 grams or less is a misdemeanor offense, carrying a no prison time and a maximum fine of $200.

Autopsy results concluded that Castile had high levels of THC in his system at the time of the stop, but it’s unclear whether he was impaired or not at the time. Still Yanez’s attorneys attempted to convince the judge that Castille was culpable in his own death because he was “stoned.”

“The status of being stoned (in an acute and chronic sense) explains why Mr. Castille: 1) did not follow the repeated directions of Officer Yanez; 2) stared straight ahead and avoided eye-contact; 3) never mentioned that he had a carry permit, but instead said he had a gun; and 4) he did not show his hands,” the lawyers wrote in a motion to dismiss the charges against Yanez.

Ultimately, Yanez was acquitted last week by a Minnesota jury on all charges in the shooting death of Castile, but the shocking conclusion still left much of the nation in a collective state of disbelief. Based on Yanez’s testimony, it appears clear that both racial prejudices and stigmas surrounding marijuana use factored into the tragic shooting.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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New Jersey Begins Marijuana Legalization Effort https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-marijuana-legalization-effort/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-marijuana-legalization-effort/#respond Tue, 20 Jun 2017 19:49:54 +0000 https://lawstreetmedia.com/?p=61549

The state would be the ninth to legalize recreational marijuana.

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The New Jersey legislature held its first hearing on Monday for a bill that would legalize recreational marijuana in the state. New Jersey would become the ninth state, along with D.C., to legalize recreational marijuana. It would be the first to do so through legislation; all other states so far have legalized marijuana through ballot measures.

Governor Chris Christie is opposed to marijuana legalization, and would likely veto the bill, which was introduced last month. But Senator Nicholas Scutari, the bill’s sponsor, has said it is intended to lay the groundwork for Christie’s successor, who he hopes will be Democrat Phil Murphy. Murphy has expressed support for marijuana legalization.

“My goal is to have the best bill possible for a Murphy administration within the first 100 days so we can get it signed, sealed and delivered,” Scutari, the Senate Judiciary Committee chairman, said.

The Democratic-controlled legislature has not scheduled a vote on the bill yet. If Murphy, the Democratic front-runner, wins the gubernatorial race in November, there is a good chance this bill or some version of it will pass sometime next year. The bill would legalize possession of up to one ounce of cannabis for people 21 and older. A sales tax would be imposed on recreational marijuana sales, increasing over time.

A number of doctors and lawmakers made their cases for–and some against–marijuana reform during the hours-long hearing. Some addressed the issue from a legal standpoint, while others came it from the angle of marijuana’s health effects.

“We’ve penalized our public, we’ve ruined countless lives and no one has died from it,” Scutari said. “Yet doctors prescribe opioids like they’re going out of style. Opioids you can get all day long.”

Two doctors present at the hearing held opposing views on marijuana’s health benefits. Dr. David Nathan, a psychiatrist, supports legalization, saying, “From the medical standpoint, marijuana should never have been illegal for consenting adults.”

But Dr. Sheri Rosen, an optometrist, disagreed, saying: “You’re sending the wrong message by legalizing. You’re saying that it’s OK, and there’s no harm. People are going to get mixed messages.”

Jon-Henry Barr, a municipal prosecutor in New Jersey who was present at the hearing, made the case that marijuana legalization will save money.

“We Republicans are against the wasteful spending of taxpayer dollars on government programs that do not work and are not necessary,” he said. “The war on marijuana is a government program that does not work and is not necessary.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Massachusetts Marijuana: Voters Could See Huge Spike in Sales Tax https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/massachusetts-marijuana-sales-tax/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/massachusetts-marijuana-sales-tax/#respond Sat, 17 Jun 2017 13:40:19 +0000 https://lawstreetmedia.com/?p=61454

The proposed sales tax would be the highest in the country.

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"pre '98 bubba" Courtesy of Mark: License (CC BY 2.0)

Massachusetts marijuana advocates are up in arms over a new House-backed proposal that could more than double the total sales taxes on recreational marijuana before the new industry is even up and running.

The legislation is part of a proposed re-write of the state’s new recreational marijuana law approved by voters in a November referendum. According to a draft copy of the legislation, the new bill would raise the current total sales tax from 12 percent to 28 percent, the highest in the country.

However, marijuana advocates claim the actual tax rate could reach as high as 56 percent, and as high as 80 percent for some edibles, because the tax is compounded. A 21.75 percent tax from wholesaler to retailer would be added on top of the 28 percent from retailer to customer.

“This tax rate is directly contrary to the will of the voters and so is the lack of voter voice at the municipal level,” Senator Patricia D. Jehlen, cochair of the marijuana committee, told the Globe. “Both will preserve the illicit market.’’

The bill, drafted by the House chairman of the Legislature’s Marijuana Policy Committee, would also give municipal officials–instead of local voters–the power to ban cannabis shops and farms.

“Its removal of ban authority from local voters will give a handful of selectmen the ability to overrule the opinion of their own constituents,” said Jim Borghesani, who managed communications for the ballot measure and who represents the national pro-legalization group Marijuana Policy Project.

The law was originally slated for a House vote on Thursday, but the vote was postponed until next week. House Speaker Robert DeLeo said the hope is to get the final version of the bill to Gov. Charlie Baker’s desk before July.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Sessions Asked Congress to Remove Marijuana Protections from Spending Bill https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/sessions-congress-medical-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/sessions-congress-medical-marijuana/#respond Wed, 14 Jun 2017 13:58:59 +0000 https://lawstreetmedia.com/?p=61377

The attorney general is no fan of marijuana.

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Image Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

It is accepted wisdom at this point that Attorney General Jeff Sessions is no fan of marijuana, including in its medicinal capacity. He is adamant that “good people don’t smoke marijuana.” He recently compared medical marijuana, which has never led to an overdose death, to opioids, which kill nearly a hundred Americans each day.

Now, Sessions is pushing congressional leaders to allow the Justice Department to use its funds to prosecute medical marijuana-related crimes, even in states that have legalized medical marijuana. In a letter sent last month to top-ranking representatives and senators, obtained by MassRoots on Monday, Sessions shows his opposition to a budget provision that would prohibit the Justice Department from spending federal cash to crack down on states with legal medical marijuana laws. He wrote:

I believe it would be unwise for Congress to restrict the discretion of the Department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime. The Department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives.

Sessions is referring to the Rohrabacher-Farr Amendment, a budget rider, introduced in 2014, that prevents the Justice Department from allocating funds to press cases against medical marijuana actors in states that have legalized cannabis for medicinal purposes. The amendment was included in the Fiscal Year 2017 omnibus spending bill, which passed early last month, states:

None of the funds made available in this Act to the Department of Justice may be used […] to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

Though the spending bill, which will fund the government until October 1, included the amendment, it is unclear whether it will make the next one. In the letter, which was provided to MassRoots by a congressional staffer, Sessions argues that the amendment prevents the DOJ from cracking down on gangs that operate in states where medical marijuana is lawful.

“Drug traffickers already cultivate and distribute marijuana inside the United States under the guise of state medical marijuana laws,” he wrote. “In particular, Cuban, Asian, Caucasian, and Eurasian criminal organizations have established marijuana operations in state-approved marijuana markets.”

The Obama Administration was no fan of the amendment either. For one, the Justice Department lobbied Congress to strike down the provision in 2014, arguing that it might “limit or possibly eliminate the Department’s ability to enforce federal law in recreational marijuana cases as well.” And even after the amendment passed, the administration still managed to prosecute individuals and organizations in states where medical marijuana had been legalized.

Representatives Dana Rohrabacher (R-CA) and Sam Farr (D-CA) responded by writing a letter to DOJ Inspector General Michael Horowitz, saying the administration’s interpretation of the amendment “clearly is a stretch.” They added:

The implementation of state law is carried out by individuals and businesses as the state authorizes them to do. For DOJ to argue otherwise is a tortuous twisting of the text of [the provision] and common sense and the use of federal funds to prevent these individuals and businesses from acting in accordance with state law is clearly in violation of Rohrabacher-Farr.

If the Sessions-led Justice Department takes a similar tactic as the previous administration, it will certainly be hearing from Rohrabacher and Farr.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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California Legal Marijuana Market Could Generate $5B, Study Finds https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/study-california-marijuana-market-generate-5b/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/study-california-marijuana-market-generate-5b/#respond Mon, 12 Jun 2017 21:09:11 +0000 https://lawstreetmedia.com/?p=61332

Legalization is set to take effect next January.

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Image Courtesy of Hamza Butt; License: (CC BY 2.0)

California’s economy, the sixth largest in the world, could receive a $5 billion boost from legal recreational marijuana sales, according to a new state-sponsored study.

The study, as reported by the Los Angeles Times, projects that the share of illegal sales will decline from 75 percent of the total market to 29.5 percent after the legal framework goes into effect. California is expected to issue the first licenses to recreational marijuana businesses at the top of next year.

California’s Bureau of Marijuana Control commissioned the study, which was conducted by the University of California’s Agricultural Issues Center. The study examined the expected impact of Prop 64, which legalized recreational marijuana throughout the state in November, on California’s marijuana market.

According to the LA Times, recreational marijuana use will make up over 61 percent of the overall market. However, the costs associated with legal regulations–legal marijuana will be taxed at 15 percent–will encourage people to, at least initially, remain in the illegal market. Still, for a variety of reasons, a large chunk of Californians are expected to shift to the legal, regulated market for their pot fix.

The study said:

We projected that when legally allowed, slightly more than half of the demand currently in the illegal adult-use segment will quickly move to the legal adult-use segment to avoid the inconvenience, stigma, and legal risks of buying from an unlicensed seller.

According to Lori Ajax, the director of the Bureau of Marijuana Control, the nearly 30 percent of people projected to resist the legal market will eventually enter the regulated marketplace.

“It’s going to take some time,” Ajax told the LA Times. “While it’s unlikely that everyone will come into the regulated market on Day One, we plan to continue working with stakeholders as we move forward to increase participation over time.”

Legalization will also affect the medical cannabis market; legal medical marijuana sales will drop from 25 percent of the market to 9 percent, or from $2.6 billion to $600 million, the study found. As fewer people need to obtain a medical marijuana license, more will simply purchase cannabis through the regulated market.

“Revenues for medical cannabis in Washington State, for instance, fell by one-third in the first year after the legal adult-use cannabis system took effect, and by more subsequently,” the study said.

Some who are opposed to California’s legalization effort see the study, and its finding that 29.5 percent of people will still purchase pot from the black market, as justification that a legal market is little more than a smokescreen.

“We have seen this in other states too, that the legal market is easily undercut by the well-established underground market,” Kevin Sabet, president of Smart Approaches to Marijuana, which opposes legalization of the drug, told the LA Times. “This is unsurprising. It is just one more unrealized promise from the marijuana industry.”

But the study pointed to another potential boon to California’s economy that legalization might provide: marijuana tourism. The study found:

Given that adult-use cannabis remains illegal in most other states, California’s legalized adult-use industry may attract some new visitors whose primary reason for visiting the state is cannabis tourism, as has been observed in Colorado.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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New Secret Service Director Loosens Agency’s Drug Policy https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/secret-service-drug-policy/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/secret-service-drug-policy/#respond Tue, 06 Jun 2017 19:45:07 +0000 https://lawstreetmedia.com/?p=61189

The agency hopes to attract a few thousand more recruits.

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Image Courtesy of André Gustavo Stumpf; License: (CC BY 2.0)

To boost recruitment, the Secret Service is altering its drug policy: now, applicants who have used marijuana at some point in their past can still be considered for a position. An initiative by newly appointed director Randolph Alles, who President Donald Trump appointed to the post at the end of April, the policy change is designed to infuse the agency with a couple thousand more officers. The policy went into effect last month.

“We need more people,” Alles said in a press conference last Thursday. “The mission has changed.” Pointing to threats like international terrorism, groups like al Qaeda and Islamic State, and homegrown actors, he added: “It’s more dynamic and way more dangerous than it has been in years past.”

According to its drug policy statement, the Secret Service “does not condone any prior unlawful drug activity by applicants, but it is recognized that some otherwise qualified applicants may have used or otherwise interacted with illegal drugs at some point in their past.” When examining an applicant’s eligibility, “any prior illegal drug activity along with various considerations associated with that activity will be weighed in that adjudication process.” the statement says.

The agency’s prior policy disqualified candidates who had used marijuana more than a certain number of times at some point in their pasts. The new policy, designed to be a “whole-person concept,” Alles said, will instead look at the time between an applicant’s last use of marijuana, and his or her application date.

For instance, if an applicant was 24-years-old or younger when he or she last used or purchased marijuana, they must wait at least a year before applying to the agency. That standard rises as the age of last use or purchase rises.

Alles, who previously led air and marine missions with Customs and and Border Protections, also underlined a non-terrorism related reality that is requiring the agency to bolster its ranks: the round-the-clock protection of Trump and his family, as well as his collection of properties, including Mar-a-Lago in Palm Beach and Trump Tower in Manhattan.

“I think between that and the fact that he has a larger family, that’s just more stress on the organization,” he said.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Cannabis in America June 2017: Check Out This Venture Capitalist’s Take on Cannabis https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-june-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-june-2017/#respond Mon, 05 Jun 2017 20:20:01 +0000 https://lawstreetmedia.com/?p=61152

Check out our June Cannabis in America newsletter!

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All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.


State of Weed: Watch

Don’t Give Up on Recreational Marijuana, Vermont!

Vermont still has a chance to become the ninth state, in addition to the District of Columbia, to legalize recreational marijuana, even after Governor Phil Scott’s down-to-the-wire veto last month. The Republican governor told the Associated Press that negotiations are currently in the works to address his concerns regarding public safety. If the governor strikes a deal with legislative leaders, he says he’ll reach out to House Republicans to encourage them not to block the passage of the bill.

California Could Become a “Sanctuary State” from Federal Pot Law

California just became that much closer to becoming a safe haven for legal marijuana users. The state assembly approved a bill Thursday that would make California a “sanctuary state,” where local and state police would be barred, without a court order, from helping federal drug agents arrest people complying with state laws. Despite some opposition from law enforcement, AB 1578 managed to narrowly pass with a majority 41-32 votes. The bill is now awaiting the Senate’s consideration.

Nevada’s Weed Launch Date in Peril Thanks to Liquor Lawsuit

If you have dreams of smoking legal marijuana in Sin City, I wouldn’t plan on booking a Las Vegas vacay anytime soon. Nevada’s July 1 recreational marijuana launch date is in jeopardy after a district judge prohibited the Department of Taxation from issuing cannabis distribution licenses under the adopted regulations. The order comes in response to a lawsuit filed by liquor wholesalers, who claim the legislative measure gives them exclusive rights to marijuana distribution licenses for the first 18 months of sales.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”


Law Street Cannabis Coverage

What is a Marijuana Lawyer?

By Charlie Alovisetti

When people ask me what I do for a living, I usually give the simple response: “I’m a lawyer.” Which usually ends the conversation. But sometimes people will ask, “what kind of law?” My response: “marijuana.” This is when people suddenly perk up, “so what do you actually do?” No, it doesn’t mean that I smoke a joint while drafting documents. And while that sounds like fun, THC and asset purchase agreements don’t play well together. The answer varies for each marijuana lawyer as there are several different types. But all marijuana lawyers share one thing in common–we represent marijuana businesses for a living.

Vermont Governor Rejects Marijuana Legalization Bill

By Alec Siegel

The two-week wait is over: Vermont Gov. Phil Scott vetoed legislation that proposed a legal framework for recreational marijuana. Scott, a Republican, said he was not “philosophically opposed” to legalization, but he still had concerns–mostly regarding public safety and children’s health–that the bill did not adequately address. “We must get this right,” Scott said. “I think we need to move a little bit slower.” The legislation, which passed the Democrat-controlled House earlier this month by a vote of 79-66, would have made it legal for people 21 and up to possess up to one ounce of marijuana.

California’s Prop 64 Will Reduce Sentences for Some Nonviolent Offenders

By Alec Siegel

Some convicts in California who have been charged with marijuana-related felonies are seeing their fortunes change with the passage of Prop 64 last November. According to partial state data, since the ballot measure passed legalizing recreational marijuana in California, thousands of people charged with felonies for marijuana-related crimes filed requests to reduce their sentences from a felony to a misdemeanor.


Three Questions: Exclusive Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

There is no question the cannabis industry is growing rapidly, and as more states legalize marijuana, more business will crop up. For Michah Tapman, the Managing Director of Canopy, a Boulder-based venture capital firm that invests in cannabis-related technology and services, the future is here now. Law Street’s Alec Siegel spoke with Tapman about what he looks for in a potential investment, the future of the cannabis industry, and more.

AS: What do you look for in a cannabis start-up?

MT: The number one investment criteria for us is the people. Because laws and regulations are changing so quickly, people need to be flexible, very well educated, coachable, and willing to make changes. One thing we know about the industry is that it won’t look tomorrow like it does today. Like any high growth industry, you need to know how to adapt.

AS:  Have you or the companies you work with adapted in any way since the Trump Administration came into office?

MT: The Administration definitely has scared a lot of people. Personally, [Attorney General] Jeff Sessions is opposed to marijuana. But from a policy point of view, neither Trump nor Sessions has made a policy statement indicating that they’ll crack down. They have concerns about medical marijuana, but those are personal statements. That doesn’t mean my business and my policy is going to change.

AS: How do you see the cannabis industry changing over the next five to 10 years?

MT: I see a seismic shift in the level of sophistication for cultivation. Drastic price reduction both in production costs and retail pricing, consolidation, and then fragmentation. [The cannabis industry] is not going to have a lot of mid-market players in my opinion. That will be driven by efficiencies. [Cannabis] is going to legalize. The question is when. As an investor what I’m betting on is people that are able to adapt to changing environments.


Cannabis Culture

Americans Buy More Marijuana Than Ice Cream

By Alexis Evans

Believe it or not, but Americans will probably spend more money on weed this year than ice cream. A new report from Marijuana Biz Daily expects retail sales to increase by more than 30 percent, hitting somewhere from $5 billion to $6 billion in 2017. The estimated total demand, however, for marijuana in the United States, including the black market, is around $45 billion to $50 billion. Find out more here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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What is a Marijuana Lawyer? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-lawyer/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-lawyer/#respond Tue, 30 May 2017 19:27:54 +0000 https://lawstreetmedia.com/?p=60908

Have you ever wondered what a marijuana lawyer does on a daily basis?

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Image courtesy of Flazingo Photos/www.flazingo.com; License: (CC BY-SA 2.0)

When people ask me what I do for a living, I usually give the simple response: “I’m a lawyer.” Which usually ends the conversation. But sometimes people will ask, “what kind of law?” My response: “marijuana.” This is when people suddenly perk up, “so what do you actually do?” No, it doesn’t mean that I smoke a joint while drafting documents. And while that sounds like fun, THC and asset purchase agreements don’t play well together.

The answer varies for each marijuana lawyer as there are several different types. But all marijuana lawyers share one thing in common–we represent marijuana businesses for a living. And that means their problems become our problems. From banking, to dealing with 280E (which is the section of the federal tax code that prevents marijuana businesses from deducting certain expenses from their income–resulting in far higher tax bills than non-marijuana businesses), to residency requirements for ownership, to the inability to access federal bankruptcy courts, there are major difficulties that marijuana businesses face. And while the underlying legal work that a marijuana lawyer does might be very similar to that done by a non-marijuana lawyer, these unique challenges often define our jobs.

Marijuana lawyers these days tend to come in two varieties: old school types who often have strong criminal law or activist backgrounds and newer arrivals who frequently come from more corporate backgrounds. I’m very much of the latter variety, having spent the six years prior to joining the marijuana industry working at large firms in New York, but I work for a law firm founded and run by lawyers with impeccable activist credentials (if you have ever benefitted from legalized marijuana you owe them a debt of gratitude–they helped write and pass Amendment 64 in Colorado, which created the first legal and regulated recreational marijuana market in the world).

I specialize in corporate and securities law, which is to say that I help marijuana businesses and investors raise capital, buy and sell assets and businesses, navigate the patchwork of ownership requirements across the US, and generally assist with any business law issue that arises. A lot of what I do is almost identical to the work of a startup lawyer in Silicon Valley–drafting contracts and negotiating deals is very similar across industries. But there are key differences. In my previous life, it was extraordinary rare for a client to lose a bank account, or have trouble opening one, and now this is a daily occurrence. And that’s just one of many unique challenges that marijuana businesses and their lawyers face.

But no matter how transactional your focus, being a marijuana lawyer necessarily implies some level of political engagement. Our clients’ businesses are subject to heavy regulation (in addition to currently being federally illegal) and that means marijuana lawyers must both stay on top of the ever-changing regulations governing our clients and continue being activists for our industry. Following cannabis news is effectively a second job for a dedicated marijuana lawyer and my colleagues and I all have a long list of podcasts, daily and weekly newsletters, and websites that we attempt to follow regularly.

Like any other lawyer focused on an industry, we need also to learn the underlying business. In this way marijuana lawyers are far more like oil and gas lawyers than, say, employee benefits or tax lawyers (examples of legal specialties where lawyers are generally agnostic as to the underlying industry–a stock incentive plan can pretty much be the same for a software, machine tools, or widgets company). Unfortunately, this means more than burning one down after work. It means being able to talk intelligently to a grower, extractor, or dispensary manager about their job and it also means keeping up to date on the latest industry trends and news. Good marijuana lawyers understand not only the laws that impact the industry, but also how marijuana is grown, how it is sold, who buys it, and what keep marijuana business owners up at night.

This is the first of a series of articles I’ll be writing for Cannabis in America alongside my colleague Kelly Rosenberg. Together we will explore the frontlines of marijuana law and policy, business, and the day to day challenges and rewards of representing cannabis businesses.

Charlie Alovisetti
Charles Alovisetti is a senior associate and co-chair of the corporate department at Vicente Sederberg LLC. Prior to joining Vicente Sederberg, Charlie worked as an associate in the New York offices of Latham & Watkins and Goodwin where he focused on representing private equity sponsors and their portfolio companies, as well as public companies, in a range of corporate transactions, including mergers, stock and asset acquisitions and divestitures, growth equity investments, venture capital investments, and debt financings. He is a graduate of McGill University and Columbia Law School. Charlie is admitted to practice in Colorado and New York.

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Detroit’s Medical Marijuana Dispensaries are Closing by the Hundreds https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/detroit-medical-marijuana-dispensaries/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/detroit-medical-marijuana-dispensaries/#respond Tue, 30 May 2017 18:34:50 +0000 https://lawstreetmedia.com/?p=61016

City officials have embarked on a large-scale effort to reign in dispensaries.

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"Detroit" Courtesy of Nic Redhead; License: (CC BY-SA 2.0)

Detroit city officials have shuttered over 150 medical marijuana dispensaries since last year, with dozens of additional closings expected in the coming months. The closings reflect the ever-shifting regulatory framework surrounding pot legalization, and how businesses that are slow to respond to new rules could find their doors padlocked.

Melvin Butch Hollowell, the Detroit corporation counsel, told the Detroit Free Press that the city has closed 167 dispensaries around the city since last year.

“None of them were operating lawfully,” he said. “At the time I sent a letter to each one of them indicating that unless you have a fully licensed facility, you are operating at your own risk.” Hollowell also indicated that another 51 closings are in the offing. Detroit is rife with unlicensed or otherwise illegal marijuana establishments; Hollowell said 283 total have been identified, and as of last week, a mere five marijuana facilities in Detroit are fully licensed.

According to the city’s medical marijuana ordinances, which took effect on March 1, 2016 (Michigan voters legalized pot for medical use in 2008), dispensaries have to abide by a number of zoning and other regulations in order to qualify for a license. For instance, marijuana businesses must be more than 1,000 feet away from the following areas: churches, schools, parks, liquor stores (and other places where alcohol is sold), libraries, and child care centers. Marijuana businesses are also required to close by 8 p.m.

Hollowell told the Free Press that city officials go through the courts when seeking an order to shutter an illegal marijuana business. Because the public pushed legalization in 2008, he said, his team pursues the closings “in a way that is consistent with keeping our neighborhoods respected and at the same time, allowing for those dispensaries to operate in their specific areas that we’ve identified as being lawful.”

And according to Winfred Blackmon, the chairman of the Metropolitan Detroit Community Action Coalition, complaints from Detroit residents helped propel the recent surge in dispensary closings. He told the Free Press: “People started getting frustrated with the marijuana shops that kept popping up around their houses and schools.”

Michigan is also weighing a ballot measure for next November that, if voted through, would legalize marijuana for recreational use as well. Language for the measure was submitted to the Board of State Canvassers earlier this month; it is currently under review.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Vermont Governor Rejects Marijuana Legalization Bill https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/vermont-governor-rejects-marijuana-legalization-bill/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/vermont-governor-rejects-marijuana-legalization-bill/#respond Wed, 24 May 2017 20:06:32 +0000 https://lawstreetmedia.com/?p=60948

Vermont would have become the ninth state to legalize recreational pot.

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Image Courtesy of Doug Kerr; License: (CC BY-SA 2.0)

The two-week wait is over: Vermont Gov. Phil Scott vetoed legislation on Wednesday that proposed a legal framework for recreational marijuana. Scott, a Republican, said he was not “philosophically opposed” to legalization, but he still had concerns–mostly regarding public safety and children’s health–that the bill did not adequately address.

“We must get this right,” Scott said. “I think we need to move a little bit slower.”

The legislation, which passed the Democrat-controlled House earlier this month by a vote of 79-66, would have made it legal for people 21 and up to possess up to one ounce of marijuana. Set to take effect in July 2018, the bill would have created a nine-member commission to establish a regulatory framework. Medical marijuana became legal in Vermont in 2004.

In vetoing the measure, Scott blocked Vermont from becoming the ninth state–plus Washington D.C.–to legalize marijuana for recreational use. A handful of states passed legalization measures through referendums last November. Vermont, which also tried and failed to legalize recreational cannabis last year, does not have legal authority to put marijuana legalization to a ballot vote.

Lt. Gov. David Zuckerman opposed Scott’s decision to veto the bill:

“Prohibition has failed and causes approximately 100,000 Vermonters to be labeled lawbreakers,” he said. “Vermont is now lagging behind other states in the region and is missing opportunities to capture revenue from an underground market that would allow us to address highway safety, drug education and treatment, and other needed state investments to reduce the temptation of drug use.”

Vermont residents are among the most pot-friendly in the country, according to some studies. But they will likely have to wait until next year to have another go at legalization. However Scott did say that lawmakers could amend the bill he vetoed on Wednesday over the summer, during a special legislative session.

In a statement issued Wednesday afternoon, Matt Simon, the New England political director for the Marijuana Policy Project, said he was “disappointed” by the governor’s decision, but “encouraged” by his commitment to eventual legalization. Simon added:

Most Vermonters want to end marijuana prohibition, and it is critical that the legislature respond by passing a revised legalization bill this summer. Marijuana is less harmful than alcohol, and there is no good reason to continue treating responsible adult consumers like criminals.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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California’s Prop 64 Will Reduce Sentences for Some Nonviolent Offenders https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/prop-64-in-california-has-reduced-sentences-for-some-nonviolent-convicts/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/prop-64-in-california-has-reduced-sentences-for-some-nonviolent-convicts/#respond Tue, 23 May 2017 15:41:10 +0000 https://lawstreetmedia.com/?p=60899

Prop 64 did more than just legalize recreational marijuana.

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Image Courtesy of Rennett Stowe; License: (CC BY 2.0)

Some convicts in California who have been charged with marijuana-related felonies are seeing their fortunes change with the state’s passage of Prop 64 last November. According to partial state data, since the ballot measure passed legalizing recreational marijuana in California, thousands of people charged with felonies for marijuana-related crimes filed requests to reduce their sentences from a felony to a misdemeanor.

Many have been granted a sentence reduction–and some first-time offenders have seen their records expunged.

California voters overwhelmingly backed Prop 64 in the November election, with 57 percent, or nearly eight million people, supporting it. While its main purpose was to legalize recreational marijuana in California, the first state to legalize medical marijuana in 1996, Prop 64 contained an equally impactful clause for people who had been charged with marijuana-related felonies under the previous sentencing laws.

Prop 64, according to the measure’s language, “authorizes resentencing and destruction of records for prior marijuana convictions.” People have been taking advantage of that overlooked part of the measure. Through March, 2,500 requests were filed to reduce sentences from felony charges to misdemeanors, according to the partial state data.

Bruce Margolin, an attorney that has worked with a number of people seeking to reduce their marijuana-related charges, told an NBC affiliate in Los Angeles that judges and prosecutors “were totally unprepared” for the flood of reduction requests since Prop 64 passed. “It’s amazing,” he added. “You would have thought they should have had seminars to get them up to speed so we don’t have to go through the process of arguing things that are obvious, but we’re still getting that.”

Prop 64 is not the only ballot measure in California that allows nonviolent offenders with marijuana-related felony charges to seek a reduced–or completely expunged–sentence.

In November 2014, California passed Prop 47, which “allows people who are already serving a felony conviction for [a marijuana crime] to petition in the court for resentencing.” For convicts who have already completed their sentence, Prop 47 permitted them “to file an application before the trial court to have the felony conviction reduced to a misdemeanor.”

San Diego County is leading the charge in reducing marijuana-related sentences, according to Rachel Solov, who works in the district attorney’s office in San Diego. She told NBC that 400 people in San Diego have already had their sentences reduced, which she said is “the right thing to do.” Solov added: “If someone’s in custody and they shouldn’t be in custody anymore, we have an obligation to address that.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Americans Buy More Marijuana than Ice Cream https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-ice-cream/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-ice-cream/#respond Thu, 18 May 2017 21:10:30 +0000 https://lawstreetmedia.com/?p=60833

Marijuana sales could hit $17 billion by 2021.

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"medical marijuana and ice cream" Courtesy of stereogab: License (CC BY-SA 2.0)

Believe it or not, but Americans will probably spend more money on weed this year than ice cream. A new report from Marijuana Biz Daily expects retail sales to increase by more than 30 percent, hitting somewhere from $5 billion to $6 billion in 2017. The estimated total demand, however, for marijuana in the United States, including the black market, is around $45 billion to $50 billion.

Just for comparison, total ice cream sales will likely only garner $5.1 billion, according to the trade publication’s 2017 Marijuana Business Factbook. For reference, sales for movie tickets will clock in at $11.1 billion and snacks like Doritos, Cheetos and Funyuns at $4.9 billion.

Notably, recreational sales may pass medical sales this year for the first time–recreational marijuana is poised to make $2.6 billion to $2.9 billion in sales this year versus $2.5 billion to $3.2 billion on the medical side.

The policy site attributed much of the recreational revenue bump to Nevada’s early launch of adult-use sales in July, and continued growth in existing markets in  Colorado, Oregon, and Washington. In the next three to five years, this number is estimated to grow substantially thanks to new adult use markets in California, Maine, and Massachusetts.

Legalization of medical marijuana in states like Ohio–where it will  be up and running by September 2018–is also expected to boost future sales.

In 2016, the legal marijuana industry brought in between $4 billion and $4.5 billion, outselling Viagra and Cialis, paid music streaming services, tequila, and Girl Scout cookies.

The report estimates that for every $1 consumers spend at dispensaries, another $3 in economic benefits are created in cities, states, and nationwide. Marijuana tax revenue, for instance, contributes hundreds of millions of dollars to state and local municipalities, which is used to help balance budgets and fund local projects and government programs.

According to these projections, by 2021, annual retail marijuana sales in the United States could top $17 billion–a 300 percent increase from 2016. In other words, it appears that this so called “green rush” shows no signs of slowing down.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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New Jersey Senator Proposes Marijuana Legalization Measure https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-marijuana-legalization/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-marijuana-legalization/#respond Wed, 17 May 2017 14:49:33 +0000 https://lawstreetmedia.com/?p=60792

The senator said his goal is to lay the groundwork for legalization under the next governor.

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Image Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

New Jersey State Senator Nicholas Scutari introduced legislation on Monday that would legalize recreational marijuana use in the Garden State. But in a news conference, Scutari said he does not expect his bill to pass under the current governor, Chris Christie, who is a fervent critic of recreational marijuana. Instead, his intention is to create the groundwork for the next governor to build on.

“It is time to end the detrimental effect these archaic laws are having on our residents and our state,” Scutari said. His proposal would legalize limited quantities of marijuana for recreational use. Medical marijuana, while strictly regulated, is already permitted in New Jersey. Per Scutari’s legislation, possession of up to once ounce of marijuana would be legal. Home cultivation would not be allowed. And a sales tax on marijuana would be imposed, increasing over time.

New Jersey is one of a number of states that have recently proposed a marijuana legalization bill. Last November, many states passed ballot measures that legalized pot use, both recreationally and medically. Currently, medical marijuana is legal in 29 states and D.C. Recreational marijuana is legal in eight states and D.C. But under Christie, full legalization in New Jersey has gone nowhere. In the early stages of his presidential campaign in 2015, he said marijuana is banned at the federal level and “should be enforced in all 50 states.”

With New Jersey’s gubernatorial election taking place in November, Scutari’s proposal, along with any other marijuana legalization effort, is unlikely to have any impact until next year. The Democratic front-runner in the race to replace Christie, Phil Murphy, has expressed support for reforming New Jersey’s marijuana laws. And Lt. Gov. Kim Guadagno, the Republican front-runner, has not explicitly stated her views concerning marijuana reform.

But for now, legalizing recreational marijuana in New Jersey is a far-fetched endeavor. Earlier this month, Christie said “crazy liberals” want to legalize marijuana. “They want that blood money? Let them do it,” the governor said. Perhaps foreshadowing the fortunes of Scutari’s bill, Christie added: “And they will. Let me tell you something — this will be like priority number one come January. I guarantee you, if we have a Democratic governor, it will be priority number one.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Definition of “Open and Public” Marijuana Use Still Hazy in Colorado https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/colorado-definition-open-public-marijuana-use-unclear/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/colorado-definition-open-public-marijuana-use-unclear/#respond Tue, 16 May 2017 15:24:12 +0000 https://lawstreetmedia.com/?p=60770

Five years after legalization, lawmakers are still at odds over consequential details.

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Image Courtesy of Cannabis Destiny; License: (CC BY-ND 2.0)

Buying and selling limited quantities of marijuana has been legal in Colorado for nearly five years. Public use, however, is prohibited. Still, for years, state lawmakers have been trying to determine how to define “open and public” consumption.

One of the more contentious questions state lawmakers have wrangled over: should residents be permitted to smoke marijuana on their front porches? Or should smoking marijuana on a front porch–where children and other passersby could be exposed to the smoke–be prohibited?

Last week, the 2017 legislative session came to a close without answering these questions. Despite successfully passing a number of other bipartisan priorities–like expanding Medicaid benefits–the Colorado legislature could not reach a consensus as to what “open and public” consumption means.

The House and Senate previously passed different versions of a bill that would clarify the question that has lingered since legalization in 2012. But both chambers have yet to land on a bill that suits them equally.

Senate Bill 184, the version of the bill the Senate passed, would have prohibited marijuana consumption in places where “a substantial number of the public” congregates without restriction. It also would have outlawed pot smoking in “a place not protected from unaided observation lawfully made from outside its perimeter,” which essentially would have included front porches.

A compromise was proposed to both chambers–residents can smoke on their front porch as long as no more than five outside guests were present–but was ultimately flouted.

“We’re talking about your own private property,” Rep. Jovan Melton (D-Aurora) told the Denver Post. “And why the number five? Why did we arbitrarily land on that number? We are literally putting things into statute with no explanation.”

Bob Gardner, the Republican state Senator from Colorado Springs, is concerned about marijuana smoke affecting other people in the neighborhood.

“My concern continues to be that in urban and suburban areas property lines are so close that children walking up and down sidewalks that are not 15 feet from [a home],” he recently told the Denver Post. “And frankly it is a crime in Colorado to do a lot of things on your front porch, no matter how much you own that property.”

In 2012, Colorado became the first state in the country to legalize marijuana for recreational use–in private. Figuring out how cannabis should be consumed publicly is a fairly fuzzy conundrum that has consistently bedeviled state lawmakers.

At one point, the legislature nearly passed a law that would have legalized private pot clubs–bars and cafes where people could congregate and smoke pot. But that bill was scuttled after resistance from Democratic Gov. John Hickenlooper and others.

Pot clubs do exist, but outside of the legal bounds. Now, because state lawmakers could not properly define what “open and public” consumption means, local jurisdictions will continue to be in charge of interpreting the stipulation.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Vermont Legislature Passes Recreational Marijuana Bill https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/vermont-recreational-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/vermont-recreational-marijuana/#respond Wed, 10 May 2017 20:52:42 +0000 https://lawstreetmedia.com/?p=60691

The bill is now on the governor's desk to sign.

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Vermont State Capitol Courtesy of Jim Bowen : License (CC BY 2.0)

Vermont’s House of Representatives voted in favor of legalizing recreational marijuana throughout the state in a 79-66 vote on Wednesday. The legislation now heads to Governor Phil Scott’s desk to be signed.

The bill would legalize possession of up to one ounce of marijuana and cultivation of up to two plants for adults 21 years and older, beginning in July 2018. It would also set up a nine-member commission to study the best way to regulate and tax marijuana in the future.

If signed, Vermont would become the first state to legalize recreational marijuana through its state legislature. Eight states, and Washington D.C., have approved recreational marijuana through ballot initiatives.

The House of Representatives’s vote came after the Senate approved a revision to S. 22 to include the language of H.170, which the House passed last week.

“Vermont lawmakers made history today,” said Matt Simon, the New England political director for the Marijuana Policy Project, a marijuana policy group. “The legislature has taken a crucial step toward ending the failed policy of marijuana prohibition.”

According to a recent poll of 755 Vermont voters, 57 percent of respondents said they support allowing adults who are 21 or older to use, possess, and securely grow marijuana.

“It’s time for Vermont to move forward with a more sensible marijuana policy,” Simon said. “The voters and the Legislature are behind it, and we hope the governor will be, too.”

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Seattle Cop Caught Smuggling Marijuana to Baltimore https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/seattle-cop-charged-smuggling-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/seattle-cop-charged-smuggling-marijuana/#respond Wed, 10 May 2017 15:55:58 +0000 https://lawstreetmedia.com/?p=60665

Officer Alex Chapackdee could face up to 40 years in prison.

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Image Courtesy of Conor Lawless; License: (CC BY 2.0)

A police officer in Seattle was arrested last Friday on charges of conspiring to distribute hundreds of pounds of marijuana. According to the FBI, which has been investigating the trafficking scheme since the summer of 2015, Officer Alex Chapackdee would drive pot from Seattle to Baltimore and other neighboring cities in Virginia and Maryland.

A preliminary hearing for the 44-year-old is tentatively scheduled for May 22, but that hearing could be canceled if the grand jury returns an indictment in the case.

Seattle Police Chief Kathleen O’Toole called Officer Chapackdee’s conduct “disgraceful and disappointing” in a statement Monday.

“While [it is] always disturbing to investigate one of our own, I am proud of the detectives and commanders who worked diligently on this case,” the statement said. “While he will have his due process in the courts, I hope these charges demonstrate to our community that SPD will not tolerate corrupt behavior in our ranks.”

The federal complaint detailed the trafficking scheme that Chapackdee was involved in. While driving in police vans, Chapackdee and others would allegedly deliver hundreds of pounds of marijuana from the Seattle area to Baltimore and other surrounding neighborhoods in Virginia and Maryland. The mules were working on behalf of Tuan Van Le, Chapackdee’s brother-in-law and ringleader of the trafficking scheme.

Trafficking any amount of marijuana across state lines is considered a federal offense. If convicted, Chapackdee faces a mandatory minimum sentence of five years in prison, with a maximum stint of 40 years. He could also face a fine of up to $5 million.

Federal prosecutors allege that Chapackdee and his associates–a team of four–took several one-way flights from Seattle to Baltimore’s BWI airport in order to pick up cash payments for Le’s Seattle-grown marijuana, which they then drove back to the west coast.

According to the FBI’s complaint, Le would also pay Chapackdee $10,000 a month “to keep an eye on all of Tuan Van Le’s marijuana grow houses” and to provide him with information about law-enforcement activities.

Chapackdee’s attorney said that his client’s participation in the marijuana trafficking scheme is a “huge fall from grace, an embarrassment.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Does Marijuana Improve Memory in Aging Brains? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-improve-memory/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuana-improve-memory/#respond Tue, 09 May 2017 14:45:01 +0000 https://lawstreetmedia.com/?p=60638

Other recent studies show the opposite effect on developing brains.

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Image Courtesy of Hey Paul Studios; License: (CC BY 2.0)

THC, the psychoactive compound in cannabis, improves the memory of aging mice, according to a new study published Monday in the journal Nature Medicine. By conducting cognitive tests on dozens of mice, the researchers determined small doses of THC improved the older creatures’ ability to remember how to perform a number of tasks. Proving the same is true for aging human brains will be quite difficult, however, as recent studies have found that THC can have adverse affects on developing human brains.

“Together, these results reveal a profound, long-lasting improvement of cognitive performance resulting from a low dose of THC treatment in mature and old animals,” the German and Israeli scientists who conducted the study wrote.

The scientists provided some of the mice–aged two months, 12 months, and 18 months old–with daily doses of THC. Others were given a control substance that did not contain THC. The older mice–the 12- and 18-month-olds–showed an improvement in their ability to solve memory-based tasks–like navigating a water maze–with THC in their system.

The two-month-old mice, however, showed the reverse effect. According to the researchers, the younger mice who had ingested THC showed a decline in their ability to solve the cognitive tasks. This mirrors the findings of studies that suggest cannabis has adverse affects on developing human brains. One recent study showed that young people who smoked marijuana daily for a period of a few years almost directly led to cognitive decline.

In the U.S., marijuana is prohibited at the federal level. In recent years, however, eight states and D.C. have legalized pot for recreational use; twenty-nine states (and D.C.) have legalized marijuana use for medical purposes, and nearly a dozen others allow some form of CBD (cannabidiol, a non-psychoactive compound of the cannabis plant) use, also for medical purposes.

As the laws loosen, and the stigma surrounding marijuana use dissipates, marijuana-as-medicine is becoming an increasingly likely reality. Therapeutic uses for marijuana–to help alleviate pain, for instance–have been observed anecdotally for years. But there’s not much in the realm of concrete data proving marijuana’s medical properties exists. And further research is difficult because of the DEA’s classification of marijuana as a Schedule I substance. There is only one government-sanctioned research facility in the U.S.

But despite the lack of robust scientific data on marijuana’s effects on the human brain, the researchers of the recent study published in Nature Medicine are hopeful that THC may one day prove to be a reliable tonic for an aging brain. They wrote that a “chronic, low-dose treatment with THC or cannabis extracts could be a potential strategy to slow down or even to reverse cognitive decline in the elderly.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Michigan May Have a Marijuana Legalization Measure on the 2018 Ballot https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/michigan-submits-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/michigan-submits-marijuana/#respond Sat, 06 May 2017 14:24:59 +0000 https://lawstreetmedia.com/?p=60607

The state failed to put a legalization measure on the 2016 ballot.

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Image Courtesy of Ken Lund; License: (CC BY-SA 2.0)

Pro-marijuana groups in Michigan submitted language to the Board of State Canvassers on Friday for a ballot initiative to legalize recreational marijuana. If the measure makes it to the November 2018 ballot, Michigan would become the ninth state to fully legalize cannabis for adult use. Spearheaded by the Coalition to Regulate Marijuana Like Alcohol, the legalization push follows a failed attempt to get a similar measure on the November 2016 ballot.

“Our country’s marijuana prohibition laws have failed miserably. About 20,000 nonviolent offenders are arrested annually for marijuana possession and cultivation, causing an enormous waste of taxpayer dollars and choking our already overburdened court system,” John Truscott, a spokesman for the Coalition to Regulate Marijuana Like Alcohol, said in a press release.

“This initiative would make Michigan a leader in responsible adult-use marijuana laws, while also creating an entirely new industry and generating badly needed tax revenue for our state,” he added. The Coalition is bolstered by a national marijuana advocacy group, the D.C.-based Marijuana Policy Project, which is expected to bring experience and cash to the 2018 campaign.

The group backed some of the campaigns that wound up on ballots last November, when California, Maine, Massachusetts, and Nevada passed measures that legalized adult use. In total, eight states and D.C. have legalized recreational pot. Dozens more have legalized medical marijuana. Michigan voters passed a medical marijuana measure in 2008.

Over 250,000 voter signatures are required–within a 180-day period–before the measure can be placed on the ballot. Before the signatory search can begin, however, the Board of State Canvassers must review and approve the ballot’s language. A meeting has not yet been scheduled. In the 2016 legalization campaign, the Coalition secured enough signatures–over 300,000–but not within 180 days of the Board’s approval.

The measure submitted on Friday would legalize the possession and sale of up to 2.5 ounces of marijuana for people who are 21 and up. A ten percent excise tax would be added to marijuana sales, on top of Michigan’s current six percent sales tax. Five groups would be subject to regulations according to the ballot initiative: cultivators (in classes of 100 plants, 500 plants, and 2,000 plants), processors, testing facilities, transporters, and retailers.

Tax revenues from marijuana sales would be split down the middle, with half going to educational institutions, and the other half to Michigan cities and counties that allow marijuana businesses to operate. The proposed ballot measure would also legalize the cultivation of industrial hemp. Though Michigan’s attorney general has yet to stake out a position on legalization, the state’s law enforcement agencies have expressed opposition to the effort.

“There’s no good that I can see that will come out of this,” Blaine Koops, executive director of the Michigan Sheriff’s Association, recently told the Detroit Free Press. “One of the problems we have is that there’s no way to measure the level of intoxication from this drug. And an increase in criminal behavior in all likelihood will occur.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Provision in Spending Bill Protects States’ Medical Marijuana Laws https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/spending-bill-protects-medical-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/spending-bill-protects-medical-marijuana/#respond Tue, 02 May 2017 18:00:17 +0000 https://lawstreetmedia.com/?p=60520

Jeff Sessions won't get funding to pursue a war on medical marijuana.

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"Jeff Sessions" Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

A provision that directs the Justice Department to respect states’ medical marijuana laws is included in the new spending bill, which Congress is expected to pass this week. The provision, known as the Rohrabacher-Farr Amendment, should soothe concerns that Attorney General Jeff Sessions will increase enforcement of the federal marijuana ban–at least regarding medical marijuana. The amendment does not explicitly protect recreational marijuana laws, which are in place in eight states and D.C.

Initially introduced in 2014–and included in every budget since then–by Representatives Dana Rohrabacher (R-CA) and Sam Farr (D-CA), the amendment bars the Justice Department from allocating funds to enforcing the federal ban on medical marijuana activities in states where use, distribution, and cultivation is legal in some capacity. Twenty-nine states and D.C. have legalized marijuana for medical use. More than a dozen others have legalized cannabidiol (CBD)–a non-psychoactive element of marijuana that has therapeutic effects–for limited use.

“None of the funds made available in this Act to the Department of Justice may be used […] to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana,” the amendment states.

After weeks of uncertainty about what the budget would include, Congress reached an agreement on how to fund the government last weekend. President Donald Trump’s promised border wall with Mexico will not receive government money, according to the agreement, which the House is scheduled to take up on Wednesday. Democrats were largely happy with the spending bill, which will fund the government through September.

The budget placates Democrats who were worried about deep cuts to the EPA’s budget, or funds allocated to hard-line immigration programs, like a deportation force. And the renewal of the Rohrabacher-Farr Amendment should, at least in regards to medical marijuana, alleviate concerns that the Trump Administration will initiate a war on marijuana.

Sessions has made comments–before he was attorney general and when he was an Alabama Senator–that have given pro-marijuana advocates, and a growing number of Republican and Democratic lawmakers, cause for concern. He once said, “good people don’t smoke marijuana.” He has equated the dangers of medical marijuana and heroin. And he recently affirmed that it is illegal to use or distribute marijuana, “whether a state legalizes it or not.” But the inclusion of the Rohrabacher-Farr Amendment should, at least in part, temper concerns that Sessions is gunning for a major enforcement campaign.

Rohrabacher, a member of the recently established Congressional Cannabis Caucus, wrote a letter in April to members of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, asking them to renew his eponymous amendment. “We believe such a policy is not only consistent with the wishes of a bipartisan majority of the members of the House, but also with the wishes of the American people,” he wrote

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Cannabis in America May 2017: Learn How Legislators Are Aiming to Protect Cannabis Customers https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-may-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-may-2017/#respond Mon, 01 May 2017 21:23:36 +0000 https://lawstreetmedia.com/?p=60514

Check out our May Cannabis in America newsletter!

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Image Courtesy of  Interiorrain : License (CC BY-ND 2.0)

All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.


STATE OF WEED: WATCH

Marijuana Possibly Coming “Very, Very Soon” to Michigan

A Michigan coalition is expected to have another go at legalizing recreational marijuana in the state in the next few weeks. “We’re right on the precipice of being ready to launch this thing. It’s going to be very, very soon,” former state Rep. Jeff Irwin (D-Ann Arbor) the political director for the Coalition to Regulate Marijuana Like Alcohol told the Detroit Free Press. The state-wide coalition also includes MI Legalize, a group that failed to get the issue on the ballot in 2016, and the National Organization for the Reform of Marijuana Laws, or Norml. The coalition is gearing up to submit petitions for the 2018 ballot initiative soon, but does not have a formal date set.

Federal Bill Would Allow “SAFE” Banking for Marijuana Businesses

A new bill introduced last week aims to grant marijuana business owners full access to the banking industry. The Secure and Fair Enforcement Banking Act, also known as HR 2215, would allow state-licensed marijuana-related businesses the freedom to interact openly with banks without fear of repercussions from the federal government. Currently, hundreds of licensed organizations are unable to accept credit cards, deposit revenue, write checks for payroll, or claim tax deductions. Similar bills were introduced in 2013 and again in 2015. We’ll have to wait and see if the third time is a charm.

Jane Search Engine Launches to Help Cannabis Customers

A new online search engine launched this week that allows users to search for cannabis products with real-time inventory information. Jane cleverly taps into dispensaries’ POS systems to find out which locations have products available, and provides verified reviews of products for customers–including a THC rating. The company has already signed up eight stores in Santa Cruz, California, and has plans to add more dispensaries in the near future.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”


LAW STREET CANNABIS COVERAGE

Spiritual High: A Cannabis Church Opened Last Week in Denver

By Alec Siegel

From the outside, it looks like any other nondescript, brick-built church. But its stained glass panels, instead of biblical images, are adorned with a colorful array of planets–with wide, cartoonish grins–and stars. Welcome to Denver’s International Church of Cannabis, which had its grand opening last Thursday, on the unofficial weed holiday known as “4/20.” In a city where smoking marijuana in public is illegal, despite Colorado’s legalization of the drug in 2012, the church offers a holy refuge to those looking for a more spiritual kind of high.

Homeland Security Secretary John Kelly: Marijuana “Not a Factor” in Drug War

By Alec Siegel

In an interview on “Meet the Press,” John Kelly, the Secretary of Homeland Security, said that marijuana “is not a factor in the drug war,” contradicting the hard-line stance of Attorney General Jeff Sessions. While Kelly does not have the same authority as Sessions in enforcing the country’s drug laws, his department does deal directly with cross-border issues like marijuana trafficking.

Could California Become a Sanctuary State for Marijuana Businesses?

By Alec Siegel

A bill introduced last month in California would bar state agencies from cooperating with federal law enforcement in cracking down on marijuana in the state. Marijuana is legal, both medically and recreationally, in the Golden State. That legalization is at odds with the federal marijuana ban and its classification of marijuana as a Schedule I substance. If it passes, California could become a sort of sanctuary state for marijuana growers, much like certain cities are sanctuary cities for undocumented immigrants.


THREE QUESTIONS: EXCLUSIVE Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

In mid-April, Oregon’s legislature passed a bill that protects cannabis consumers’ private information from being stored by dispensaries and other marijuana businesses. As co-sponsor of the bill, State Rep. Carl Wilson (R-3rd District) said the bill is also meant to protect marijuana consumers against any potential crackdowns by the Trump Administration, which has toyed with the idea of enforcing the federal marijuana ban. Wilson spoke with Law Street’s Alec Siegel recently about the bill–which Gov. Kate Brown signed on April 19–and more.

AS: 
What was the primary goal of the bill?

CW: The goal of much of what we have done with cannabis is to try to normalize the product, and that is to make the purchase of it much like the alcohol side of things. We find that it is a fairly tall job to try to normalize [cannabis], but a substantial side benefit was to shield the names of cannabis purchasers should there be a [federal] crackdown.

AS:  What are some other changes you’d like to see in regards to Oregon’s marijuana legalization framework?

CW: One of the biggest battles we face right now is the collision between the medical program, which has been long established, and the recently established recreational program. Since the passage of Measure 91 [which legalized recreational marijuana], there has been constant pressure to fold the medical program in with the recreational program. I come from an area of the state where marijuana growing has been a time-honored tradition. I do believe that program should be retained, and should remain autonomous [from recreational regulations].

AS: Do your constituents express concern about how the Trump Administration will enforce the federal ban? Do you have concerns?

CW: It would be wrong for me to say I have no concerns. But I feel they have bigger fish to fry at this point, and I feel they’ll stick to those fish. This hasn’t been a highly charged subject for my constituents. The people I have heard from are in the growing community who are somewhat concerned and I think our [Joint Committee on Marijuana Regulation] saw to that.


CANNABIS CULTURE

Welcome to Tumbleweed Express: America’s First Marijuana Drive-Thru

By Alec Siegel

When Mark Smith realized that the residents of Parachute, Colorado craved a late-night marijuana fix, after his dispensary had closed for the day, he had an idea. Smith, 58, decided to re-brand the Valley Car Wash across the street from his dispensary as Tumbleweed Express, the nation’s first marijuana drive-thru business. Find out more here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Spiritual High: A Cannabis Church Opened Last Week in Denver https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-church-denver/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-church-denver/#respond Tue, 25 Apr 2017 14:52:25 +0000 https://lawstreetmedia.com/?p=60413

The church refers to cannabis as "the sacred flower."

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Image Courtesy of Sheila Sund; License: (CC BY 2.0)

From the outside, it looks like any other nondescript, brick-built church. But its stained glass panels, instead of biblical images, are adorned with a colorful array of planets–with wide, cartoonish grins–and stars. Welcome to Denver’s International Church of Cannabis, which had its grand opening last Thursday, on the unofficial weed holiday known as “4/20.” In a city where smoking marijuana in public is illegal, despite Colorado’s legalization of the drug in 2012, the church offers a holy refuge to those looking for a more spiritual kind of high.

Church members call themselves “Elevationists.” They refer to cannabis as “the sacred flower.” The church’s interior looks like a Salvador Dali painting come to life: technicolor, kaleidoscopic patterns blanket the ceiling; two surreal figures sit in pools of paint, a tiny, blue horse is visible in the background. There is hardly a speck of white in the entire sanctuary–courtesy of the colorful vision of artists Kenny Scharf and Okuda San Miguel.

The church’s mission, according to its website, is:

To offer a home to adults everywhere who are looking to create the best version of themselves by way of the sacred plant. Our lifestance is that an individual’s spiritual journey, and search for meaning, is one of self-discovery that can be accelerated with ritual cannabis use. Elevationists claim no divine authority, nor authoritarian structure, therefore, those of all religious and cultural background are welcome to visit our chapel and take part in our celebrations.

Colorado became the first state to legalize recreational marijuana in 2012, setting off a string of state referendums–from Oregon to California–on legalization, and shifting the nationwide discourse on the long-pilloried plant. Eight states and D.C. have legalized recreational marijuana; 28 have legalized it for medical purposes. But while it is legal to possess limited amounts of cannabis across Colorado, which is also dotted with licensed dispensaries, local jurisdictions draft their own rules regarding public use.

In response, a number of so-called “cannabis clubs” (essentially bars or cafes where lighting up is legal) have cropped up. Also on 4/20, the country’s first cannabis drive-thru opened in Parachute, Colorado. And Denver’s cannabis church is not the country’s first establishment to mix the high with the holy. The First Church of Cannabis, in Indianapolis, opened in the summer of 2015.

Funded by Elevation Ministries, a religious nonprofit, the International Church of Cannabis was not unequivocally embraced. On Thursday, the church’s opening day, Dan Pabon, a Democratic state representative, proposed an amendment to ban cannabis consumption in churches. Pabon said the church “offends both religious beliefs everywhere, as well as the voters’ intent on allowing legalization of marijuana in Colorado.”

The amendment was never officially introduced; many fellow legislators viewed it as an attempt to repress religious freedom. To Steve Berke, the church’s media relations director, the church was founded to “do something different, something unique.” In an interview with the New York Times, Berke said: “We’re building a community of volunteers, and the common thread is that they use cannabis to positively influence their lives, and they use cannabis for spiritual purposes.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Welcome to Tumbleweed Express: America’s First Marijuana Drive-Thru https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/tumbleweed-marijuana-drive-thru/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/tumbleweed-marijuana-drive-thru/#respond Thu, 20 Apr 2017 19:00:18 +0000 https://lawstreetmedia.com/?p=60341

The drive-thru's grand opening coincides with "4/20."

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Image Courtesy of Roland Tanglao; License: (CC BY 2.0)

When Mark Smith realized that the residents of Parachute, Colorado craved a late-night marijuana fix, after his dispensary had closed for the day, he had an idea. Smith, 58, decided to re-brand the Valley Car Wash across the street from his dispensary as Tumbleweed Express, the nation’s first marijuana drive-thru business. The drive-thru’s grand opening coincides with the unofficial–yet widely celebrated, especially on college campuses–holiday of “4/20,” a spirited celebration of pot and paraphernalia.

Smith, a lifetime entrepreneur who once owned 23 pawn shops, explained to a local Fox affiliate his rationale for opening Tumbleweed Express: “I’ve been driving by the car wash building a lot. I talked to the realtor here in town and it was for sale. So, it seemed like the perfect fit,” he said.

Parachute once seemed like an unlikely place for the nation’s–and the world’s, according to Smith–first pot drive-thru. Though the town of 1,100 is in the first state in the nation to legalize recreational marijuana, it had a freeze on marijuana sales until June 2015. But as the town’s economic engine, its natural gas reserves, sputtered, town officials decided to lift the marijuana ban, which proved a boon to Parachute’s economy. In 2016, according to the Post Independent, 30 percent of the town’s tax receipts were from marijuana sales.

Smith has taken full advantage of Parachute’s marijuana renaissance. He opened a dispensary in Parachute last February, expanded to a few more towns, and on Thursday will become America’s first steward of a marijuana drive-thru. It was when he realized that customers craved a late-night cannabis fixing, with no local dispensary open late enough to scratch that itch, that Smith decided to pursue his latest venture.

“I didn’t set out thinking this would be national news,” Smith told the Post Independent. “I didn’t have some big epiphany. I just saw a need for our customers.” According to Robert Goulding, a spokesman for Colorado’s Marijuana Enforcement Division, “the same laws apply to the drive-thru as do the main dispensary.” The rules include: customers must be 21 years old or up, there must be security and surveillance at the point of sale, and no pot can be visible outside the drive-thru premises.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Poll: More Than Half of American Adults Have Tried Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/poll-half-american-adults-tried-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/poll-half-american-adults-tried-marijuana/#respond Tue, 18 Apr 2017 21:27:24 +0000 https://lawstreetmedia.com/?p=60306

Although, less than half support legalizing recreational marijuana.

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Image Courtesy of Elvert Barnes; License: (CC BY-SA 2.0)

A new poll released on Monday sheds light on Americans’ attitudes toward marijuana legalization, the social stigmas attached to the drug, and its perceived health effects.

Yahoo News and the Marist Institute for Public Opinion conducted the “Weed & the American Family” survey by polling 1,122 adults (18 and over) around the country, and it is possibly the most comprehensive look at the state of public opinion on marijuana in America today.

With a new administration in the White House, and the rapidly shifting landscape of state-level marijuana legalization, it’s useful to know where American adults stand on marijuana-related issues.

Broadly speaking, the study found: many American adults see marijuana as potentially dangerous for their children, but no more than other substances; most Americans favor legalizing medical marijuana, though less than half support legalizing recreational marijuana; and there is still a bit of a stigma attached to marijuana use.

The poll found that 52 percent of American adults have tried marijuana at least once, but only 22 percent of people said they currently use marijuana–63 percent of this group said they use it regularly. Among the adults who said they have tried marijuana, 65 percent are parents and 30 percent are parents with children younger than 18 years old.

According to the survey, parents do not view marijuana as any more dangerous for their children than other potentially risky activities like smoking cigarettes, drinking alcohol, or having sex. Only one-fifth of respondents said marijuana is their top concern for their children. Despite the general prevalence of marijuana use among American adults, there still seems to be a stigma attached to using the drug.

“While adults nationally are more likely to report that a close friend would approve of their use of marijuana for recreational purposes if it were legal, they are less likely to think their spouse or children would condone their use of the drug,” the authors of the poll wrote.

The study found that the vast majority of American adults, or about 82 percent, support legalizing medical marijuana. Support for legalizing recreational marijuana is considerably less, at about 49 percent. And in terms of enforcing the federal ban on marijuana, most Americans said the Trump Administration should not deviate much from how the Obama Administration enforced it.

“Looking at the current laws in place nationally, a majority of Americans think the Trump Administration should be at least as tough, if not tougher, than the Obama Administration on enforcing the federal laws against the recreational use of marijuana,” the authors wrote. “However, nearly half of Americans think the Trump White House should not be as tough when it comes to enforcing federal laws against the medical use of marijuana.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Homeland Security Secretary John Kelly: Marijuana “Not a Factor” in Drug War https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/john-kelly-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/john-kelly-marijuana/#respond Tue, 18 Apr 2017 13:54:15 +0000 https://lawstreetmedia.com/?p=60280

Kelly's stance is lightyears away from Jeff Sessions' comments.

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Image Courtesy of MINEX GUATEMALA; License: (CC BY-ND 2.0)

In an interview on “Meet the Press” on Sunday, John Kelly, the Secretary of Homeland Security, said that marijuana “is not a factor in the drug war,” contradicting the hard-line stance of Attorney General Jeff Sessions. While Kelly does not have the same authority as Sessions in enforcing the country’s drug laws, his department does deal directly with cross-border issues like marijuana trafficking.

Kelly does not seem to see marijuana as the same community-wrecking terror that Sessions does. In March, Sessions compared marijuana to heroin, which is ravaging communities across America. Referencing the proposal that medical marijuana could be used to treat opioid addictions, Sessions said he was “astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana–so people can trade one life-wrecking dependency for another that’s only slightly less awful.”

Marijuana and heroin are both classified by the Drug Enforcement Administration as Schedule I substances. But while there were more than 50,000 heroin overdoses in the U.S. in 2016, “no death from overdose of marijuana has been reported,” according to the DEA. Kelly’s assessment of the dangers of marijuana run more in line with the DEA’s findings than Sessions’ does.

Kelly expanded on his comments, saying if the U.S. seeks to staunch the flow of drugs into the country, it should focus on three things: “It’s three things. Methamphetamine. Almost all produced in Mexico. Heroin. Virtually all produced in Mexico. And cocaine that comes up from further south.” And although Kelly, unlike Sessions, does not have the authority to determine how the country’s drug laws are enforced, and how punishment is doled out, he weighed in:

“The solution is not arresting a lot of users,” he said. “The solution is a comprehensive drug demand reduction program in the United States that involves every man and woman of goodwill. And then rehabilitation. And then law enforcement. And then getting at the poppy fields and the coca fields in the south.”

Sessions has a tougher stance on drug users; he once said “good people don’t smoke marijuana.” Though he said the Cole Memo, an Obama-era directive that prioritizes state drug laws over federal laws, is “valid,” the Trump Administration has signaled that a crack-down could be forthcoming. Twenty-eight states have legalized medical marijuana, while eight states and D.C. have legalized recreational marijuana.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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No, Texas Has Not Legalized Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/texas-not-legalized-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/texas-not-legalized-marijuana/#respond Sat, 15 Apr 2017 16:22:31 +0000 https://lawstreetmedia.com/?p=60251

A fake news story on Facebook sold thousands of people a pipe dream.

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"Texas State History Museum" Courtesy of Alan Kotok : License (CC BY 2.0)

In case you were wondering, no, Texas has not legalized marijuana.

Prank website React365 published a fake news story titled “Marijuana now legal in state of Texas” on Thursday that had many people believing the conservative state had switched its hardline stance on cannabis.

According to Texas CBS affiliate KHOU, the “news” article–which has since been deleted–was shared more than 71,000 times on Facebook.

The excerpt bellow the title of the link reads [sic]:

In a 10-2 vote marijuana has now been legalized in the state of Texas. Texas’ first marijuana dispensaries said to open up in Corpus Christi, TX April 12, 2017. We were out speaking with local resident of Corpus Christi today who were very excited to say the least of the legalization.

Unfortunately, recreational marijuana is still illegal in the lone star state. Medical marijuana is outlawed too, however, epilepsy patients have been granted an exception when it comes to CBD oil.

In December, State Sen. Jose Menendez filed Senate Bill 269 for 2017, that would increase the number of medical conditions that qualify for the Texas Compassionate Use Program. That bill is still in committee.

FYI, a quick scan of React365’s homepage is a dead giveaway that the article was fake. The site’s header reads: “Prank your friends now! Write an article and prank your friends for fun. Bullying is forbidden.”

KHOU did a little snooping and uncovered that one Nicolas Gouriou registered the site under the organization name Mediavibes SARL. Gouriou currently resides in Binic, France.

So, when in doubt, do your due diligence before sharing suspicious–too good to be true–stories online!

For more information on each state’s marijuana legalization status, check out  our State of Weed: Marijuana Legalization State by State.
Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Oregon Passes Bill to Protect Marijuana Consumers’ Personal Information https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-marijuana-consumers-info/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-marijuana-consumers-info/#respond Tue, 11 Apr 2017 21:00:03 +0000 https://lawstreetmedia.com/?p=60172

The bill is meant to protect against a crackdown by federal authorities.

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"Oregon State Capitol" Courtesy of Jimmy Emerson, DVM; License: (CC BY-NC-ND 2.0)

State lawmakers in Oregon passed a bill on Monday that would increase protections for the personal information of marijuana consumers. Oregon is the latest state to propose legislation intended to defend against stricter enforcement of the federal marijuana ban by the Trump Administration, something Attorney General Jeff Sessions has indicated is a possibility. The bill attracted bipartisan support, passing by a vote of 53-5.

If Democratic Gov. Kate Brown signs the proposal, which she is expected to do, marijuana shops would no longer be able to collect consumers’ personal information–names, birthdates, home addresses, and so on. Unlike Alaska, Colorado, and Washington State–the other three states where recreational marijuana is actively being sold–cannabis shops in Oregon can collect this information in a database without the customer’s consent. Businesses use the information largely for marketing purposes.

According to the bill, shops would have 30 days to destroy the information they have on record; they would be barred from collecting information in the future. States that have legalized marijuana in some form have taken steps in recent weeks to protect against any forthcoming crackdown by the Trump Administration. Last week, California–which legalized recreational marijuana last November–introduced a bill that would prohibit local law enforcement authorities from collaborating with federal drug agents.

Last week, the governors of Alaska, Colorado, Oregon, and Washington sent a letter to Sessions and Treasury Secretary Steven Mnuchin, asking for clarity on the administration’s enforcement stance. Sessions responded that marijuana will be included in a broad Justice Department crime-reduction initiative. While his past is littered with anti-marijuana comments, Sessions has not explicitly stated how he will enforce the federal ban. He recently said marijuana is “only slightly less awful” than heroin.

In addition to protecting consumers against an invasive business practice, the proposal is meant to curtail requests by federal authorities, who, if unleashed by Sessions, could penalize distributors as well as consumers, even in states where the drug is perfectly legal. “Given the immediate privacy issues … this is a good bill protecting the privacy of Oregonians choosing to purchase marijuana,” said state Rep. Carl Wilson, a Republican sponsor of the bill.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Canada Set to Legalize Recreational Marijuana in July 2018 https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/canada-recreational-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/canada-recreational-marijuana/#respond Mon, 10 Apr 2017 21:06:40 +0000 https://lawstreetmedia.com/?p=60139

Some government officials think the target date is too ambitious.

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Image Courtesy of GoToVan; License: (CC BY 2.0)

By the summer of 2018, recreational marijuana in Canada could be legal. Later this week, Parliament will take up a bill that would satisfy a popular campaign promise of Prime Minister Justin Trudeau’s Liberal Party: legalizing recreational marijuana in Canada. Medical marijuana is already legal in the country. But some government officials think the target date for legalization, July 1, is too ambitious, and implementation is more likely to begin in 2019.

Details of the bill were reported by Canadian press outlets last week. The framework will largely follow the recommendations from a government-appointed task force. According to the bill, provinces will have a great deal of power in drafting the details of the legal framework. Provinces will determine the price of marijuana and how the drug would be distributed.

Federal officials will largely be responsible for issuing licenses and setting safety standards. Ottawa has set a minimum age limit of 18, but the provinces can increase that threshold if they choose. And in regard to homegrown cannabis, residents would be allowed to cultivate up to four plants per household. Though the proposed bill grants provinces a considerable amount of power and flexibility, Canada’s fast-track to legalization worries some provincial officials.

“We do support medicinal uses of marijuana, but we also know that there’s going to be some significant issues that arise as a result of legalization from a recreational perspective … not only with respect to impaired driving but with respect to a whole host of other issues,” Saskatchewan’s justice minister Gordon Wyant recently said.

Trudeau has made it clear that until a law is passed that legalizes recreational marijuana, possessing or selling the drug remains illegal. “Until we have a framework to control and regulate marijuana, the current laws apply,” the prime minister said last month. March saw a number of raids on dispensaries in Toronto, with authorities arresting a number of marijuana business owners, including Canada’s “Prince of Pot” Marc Emery.

Some members of Trudeau’s party, despite being in favor of legalization, would like to see the target legalization date of July 1 moved back. Canada celebrates its independence on that day. “I’m probably out on a limb on this one but … I don’t believe July 1 should be an implementation date for anything; it is a day of celebration for the anniversary and founding of our country,” Bill Blair, a Liberal lawmaker, recently told the Canadian press. “I don’t think that’s an appropriate date.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Could California Become a Sanctuary State for Marijuana Businesses? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/california-sanctuary-state/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/california-sanctuary-state/#respond Tue, 04 Apr 2017 20:39:52 +0000 https://lawstreetmedia.com/?p=60012

A new bill could make the state a safe haven for marijuana growers and sellers.

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Image Courtesy of Rémi Noyon; License: (CC BY 2.0)

A bill introduced last month in California would bar state agencies from cooperating with federal law enforcement in cracking down on marijuana in the state. Marijuana is legal, both medically and recreationally, in the Golden State. That legalization is at odds with the federal marijuana ban and its classification of marijuana as a Schedule I substance. If the bill passes, California could become a sort of sanctuary state for marijuana growers, much like certain cities are sanctuary cities for undocumented immigrants.

Introduced by Assemblyman Reggie Jones-Sawyer, a Democrat, the bill states:

This bill would prohibit a state or local agency, as defined, from taking certain actions without a court order signed by a judge, including using agency money, facilities, property, equipment, or personnel to assist a federal agency to investigate, detain, detect, report, or arrest a person for commercial or noncommercial marijuana or medical cannabis activity that is authorized by law in the State of California and transferring an individual to federal law enforcement authorities for purposes of marijuana enforcement.

Many marijuana advocates, users, and distributors are worried that the new administration, and a Justice Department led by Attorney General Jeff Sessions, will harshly enforce the federal ban. Sessions has made incendiary remarks about marijuana–“good people don’t smoke marijuana,” he once said–but he also signaled enforcement won’t radically change under his watch. He recently said that the Cole Memo, an Obama-era directive to prioritize state marijuana laws over the federal prohibition, was still “valid.” But a handful of California lawmakers are not taking their chances; the proposed bill is a pre-emptive defense mechanism in case Sessions does step up enforcement.

To Donny Youngblood, the president of the California State Sheriffs’ Association, the bill is “quite offensive.” In an interview with the LA Times, Youngblood, the sheriff of Kern County, said growing and selling pot “is still a federal felony and we are still in the United States of America, and the state of California cannot take over the United States.”

The contradictory marijuana laws in the U.S. have sowed confusion in states that have legalized the drug in some form. Archaic practices, like marijuana businesses operating on a cash-only basis, are also a result of the tension between state-level and federal laws. Twenty-eight states and Washington D.C. have medical marijuana laws in place; eight states and D.C. have passed some sort of recreational marijuana legislation. Last November, California passed Prop 64, which legalized recreational use.

For Hezekiah Allen, the executive director of the California Growers Association, the bill is meant to provide a sense of security for California’s marijuana businesses. Allen, in an interview with the LA Times, said that due to the election of President Donald Trump, and the new anti-marijuana attorney general, businesses “will need to feel confident that the state will protect them from the federal government.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Cannabis in America April 2017: Meet a Lawmaker Advocating for Marijuana Reform https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-april-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-april-2017/#respond Mon, 03 Apr 2017 21:45:34 +0000 https://lawstreetmedia.com/?p=59997

Check out our April Cannabis in America newsletter!

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All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.


STATE OF WEED: WATCH

Delaware Could Legalize Recreational Marijuana Too!

November’s impressive marijuana victories seem to have lit a fire under many pro-pot lawmakers across the country. In recent months, we’ve seen more and more states draft legislation to legalize marijuana in some form. Last week, Delaware lawmakers announced they wanted in on the action, unveiling a new bill that would legalize the drug recreationally for adults 21 years and older. Lawmakers said they hope House Bill 110 will attract east coast “marijuana tourists” to the state, boosting Delaware’s economy in the process.

West Virginia Finally Warms Up to Marijuana

West Virginia, one of the few remaining states yet to legalize marijuana in any form, could soon get its toes wet with medical marijuana. After being fast-tracked to the House floor for a vote, Senate Bill 386 is scheduled for a second reading during Monday’s House session. The bill, which already passed the state’s Senate, would establish a 16-member commission to oversee production, distribution, and regulation of a state medical marijuana program. Members will need to decide on any amendments and vote quickly before the session adjourns on April 8.

Researchers Unlock Marijuana Genome

Attention cannabis aficionados: some experts believe that the marijuana industry could one day be able to emulate the wine industry. Researchers from the University of British Columbia published new findings online at PLOS One, in an article titled “Terpene Synthases from Cannabis sativa,” in which they identify 30 terpene synthase genes that contribute to diverse flavors. This could allow marijuana growers to produce more standardized products much like wine, which would allow buyers to know exactly what they are getting in terms of flavor and strength. Does this mean we can expect weed tastings in the near future?

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”


LAW STREET CANNABIS COVERAGE

Oregon Lawmakers Introduce Ambitious Marijuana Reform Bills

By Alexis Evans

Two Oregon lawmakers introduced an ambitious trio of bills in the U.S. Senate and House Thursday that would drastically revolutionize marijuana reform and help legitimize the cannabis industry. Sen. Ron Wyden and Rep. Earl Blumenauer, both Democrats, are calling the project the “Path to Marijuana Reform,” and it almost seems too good to be true (keep reading to check out Law Street’s exclusive interview with Rep. Blumenauer below).

Legalizing Marijuana Hasn’t Led to More Teen Use in Washington

By Alexis Evans

Marijuana opponents frequently argue that legalizing weed would encourage underage kids to try it, which they use as a justification for why states shouldn’t adopt recreational use laws. However, a new survey from the state of Washington shows that simply isn’t the case. According to a Youth Health Survey from the state of Washington, which legalized recreational marijuana in 2012 and established dispensaries in 2014, results indicated that teen cannabis consumption hasn’t changed over the past decade.

SWAT Raids Can be Deadly, Even for People With Small Amounts of Marijuana

By Alec Siegel

Though marijuana use is rarely–if ever–fatal, possession and trafficking can be deadly. A New York Times investigation into the aggressive tactics used by SWAT teams across the U.S. revealed that a startling number of people have been killed as the result of a SWAT raid.


THREE QUESTIONS: EXCLUSIVE Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

U.S. Representative Earl Blumenauer (D-OR) has been an advocate of marijuana legalization for decades. In 1998, Oregon became the second state to legalize medical marijuana, and in 2015, it became one of the first states to legalize the drug recreationally. Now, Blumenauer is taking his fight to the federal level. In an exclusive interview with Law Street’s Alec Siegel, the congressman talks about the bipartisan Congressional Cannabis Caucus, and much more.

AS: What do you hope to achieve with the Congressional Cannabis Caucus?

EB: For the last four years we’ve steadily expanded involvement of people in Congress on a series of legislative actions designed to bring a little rationality to this equation. What we’ve tried to do is spread this out to involve more and more members. We’ve had an informal marijuana working group. By formalizing the Cannabis Caucus with bipartisan leadership and bipartisan membership, it’s another step toward normalizing the way this is treated by Congress.

AS:  What will it take to change the federal marijuana ban?

EB: Public acceptance is broad and accelerating. Ten years ago a majority of the American public did not support legal adult use. There was growing support but not as strong as one would like for medical marijuana. What’s happened in recent years is that the public has figured it out. Some have had actual experience with medical marijuana. I think this decade we’re going to see some pretty profound changes because [the ban] doesn’t work, it’s expensive, and it’s unfair.

AS: Are you concerned with how the Trump Administration will enforce the federal ban?

EB: They have not yet become allies, but I don’t think they’re going to rekindle this war against marijuana. First of all, in the nine states that voted on marijuana legalization in some form last fall, marijuana got more votes than Donald Trump. And there were millions of people who voted for both Donald Trump and marijuana. I’ll say flatly that there will never be an anti-marijuana candidate for president who will be successfully elected. It’s not good politics and it’s not good policy to try to reverse what has occurred across the country as a result of what the citizens wanted.


CANNABIS CULTURE

UK Mom Credits Marijuana With Saving Son From Cancer

By Alec Siegel

As Deryn Blackwell was dying of cancer, his mother, Callie, sought out something, anything, that could relieve his pain. Finally, after three excruciating years of watching Deryn suffer, she found a potential aid: marijuana. Find out more here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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John Oliver Blasts America’s Marijuana Laws https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/john-oliver-blasts-marijuana-laws/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/john-oliver-blasts-marijuana-laws/#respond Mon, 03 Apr 2017 17:41:23 +0000 https://lawstreetmedia.com/?p=59973

The comedian delivered some cutting cannabis commentary.

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"John Oliver" Courtesy of The World Famous Comedy Store; License: (CC BY-SA 2.0)

In Sunday’s episode of “Last Week Tonight with John Oliver,” the comedian delved into the twisted, backward world of America’s marijuana laws, a topic that is “genuinely worth worrying about,” he said. Over the course of 16 minutes, Oliver gave a brief marijuana history lesson–featuring Richard Nixon in rare form–and plucked some present-day examples of people whom the country’s contradictory laws affect.

Oliver began with a brief historical overview of how marijuana laws have evolved since the War on Drugs, launched in the 1970s by Nixon, or “the Mozart of racially motivated lawmaking,” as Oliver calls him. The comedian pulled up an audio recording of Nixon talking about the perpetrators behind the marijuana legalization effort:

You know it’s a funny thing, every one of the bastards that are out for legalizing marijuana is Jewish. What the Christ is the matter with the Jews… I suppose it’s because most of them are psychiatrists, you know, there’s so many, all the greatest psychiatrists are Jewish. By God we are going to hit the marijuana thing, and I want to hit it right square in the puss.

After skewering Nixon (and the uncanny similarities between his word choice and our current president’s), John Oliver delved deep into the issue. “If you have marijuana right now, even if you are acting completely legally according to your state, you may still be in serious jeopardy,” Oliver said, mentioning that 44 states have legalized medical marijuana in some form, and eight states and D.C. have legalized the drug for recreational use. But, he stressed, because of the federal ban on marijuana, unjust criminal penalties are common, and some perfectly legal businesses are forced to operate on a cash-only basis.

Read More: The State of Weed: Marijuana Legalization State by State

Due to the tension between state and the federal law when it comes to marijuana, dispensaries can sometimes be arbitrarily raided and minor infractions can result in jail time. Legal businesses like dispensaries are also handcuffed by the federal ban. Many banks won’t allow them to open accounts, which can force marijuana businesses to solely accept cash from patrons, pay their employees with cash-stuffed envelopes, and stash their profits in safes, a dangerous practice for any type of business. In addition, as Oliver noted, many marijuana business-owners are barred from taking federal tax deductions.

Oliver brought up the story of a man who had a legal medical marijuana card for his paralysis but was fired by his employer because he failed a drug test. Oliver compared the absurdity of the man’s story to “driving exactly the speed limit, and getting pulled over by a cop who tells you, ‘sorry, the federal speed limit is three, and the legal age to drive is 62, and also you have to be drunk.'”

A large chunk of the segment was dedicated to medical marijuana laws. Oliver took aim at the federal classification of marijuana as a Schedule I substance, which puts it on par with heroin and LSD. He also mentioned Danny Belcher, a veteran in Kentucky who was denied marijuana to treat his PTSD by the VA. Medical marijuana is legal in Kentucky, but because Belcher’s health care was administered by the VA, a federal department, doctors were unable to prescribe him marijuana.

“A doctor shouldn’t be ignored because he recommends marijuana,” Oliver quipped, pulling up pictures of Dr. Phil and Dr. OZ, “a doctor should only be ignored because he is televised.” Oliver also expressed concern over how Attorney General Jeff Sessions (“the concept of golf expressed in man form”) will enforce the federal ban. Sessions has stated “good people don’t smoke marijuana,” though he has said he will uphold the Cole Memo, which directs the Justice Department to prioritize state law over federal law in regard to marijuana.

Oliver concluded by calling for “sensible” reforms: “I’m not saying there shouldn’t be laws that place sensible restrictions on marijuana as there are with other substances, but our federal laws desperately need to be brought up to date.”

Here’s the full video:

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Oregon Lawmakers Introduce Ambitious Marijuana Reform Bills https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-lawmakers-marijuana-reform-bills/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-lawmakers-marijuana-reform-bills/#respond Fri, 31 Mar 2017 14:32:40 +0000 https://lawstreetmedia.com/?p=59902

It almost seems too good to be true.

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Image Courtesy of Joe Frazier Photo : License (CC BY 2.0)

Two Oregon lawmakers introduced an ambitious trio of bills in the U.S. Senate and House Thursday that would drastically revolutionize marijuana reform and help legitimize the cannabis industry. Sen. Ron Wyden and Rep. Earl Blumenauer, both Democrats, are calling the project the “Path to Marijuana Reform,” and it almost seems too good to be true.

The marijuana reform plan is comprised of the following three bills:

Small Business Tax Equity Act

This bipartisan piece of legislation would “allow businesses operating in compliance with state law to claim deductions and credits associated with the sale of marijuana like any other legal business.”

Currently, under Internal Revenue Code section 280E, individuals and businesses cannot claim deductions and tax credits on Schedule I or Schedule II substances. Therefore, many of these legitimate business are forced to pay exorbitant taxes.

Responsibly Addressing the Marijuana Policy Gap Act

This multi-faceted bill aims to help reduce the gap between Federal and State law by removing federal criminal penalties for marijuana sale and possession in states that have legalized pot. Notably, this would include an expungement process for certain marijuana violations, potentially wiping away thousands of pot-related convictions.

It would also reduce advertising restrictions, provide banking services and bankruptcy protection, make sure veterans have access to state-legal medical marijuana, and protect Native American tribes from punishment under federal marijuana laws.

Marijuana Revenue and Regulation Act

Lastly, this piece of legislation would work to de-schedule, tax, and regulate marijuana similar to alcohol and tobacco. This would involve removing marijuana’s Schedule I substance designation and imposing a federal excise tax on marijuana products.

“’This could be a no-brainer for the federal government to get some of the revenue flowing’ to states with legal recreational pot,” Blumenauer said, according to the Huffington Post.

Wyden also commented on the plan in a statement that read:

The federal government must respect the decision Oregonians made at the polls and allow law-abiding marijuana businesses to go to the bank just like any other legal business. This three-step approach will spur job growth and boost our economy all while ensuring the industry is being held to a fair standard.

This detailed marijuana reform plan doesn’t come as much of a surprise. Marijuana advocates have speculated for months over whether or not Attorney General Jeff Sessions will crackdown on state marijuana programs. Wyden and Blumenauer have introduced similar legislation before to no avail, but they think this time could be different because of their plan’s “more comprehensive” approach and revenue focus.

“We think this covers all the bases,” said Blumenauer.

A full text of the bill can be found here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Study: Fewer Opioid-Related Hospitalizations in States Where Medical Pot is Legal https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/opioid-hospitalizations-medical-pot/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/opioid-hospitalizations-medical-pot/#respond Wed, 29 Mar 2017 17:46:29 +0000 https://lawstreetmedia.com/?p=59861

The same states have not seen a rise in marijuana-related hospitalizations.

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States where medical marijuana is legal have seen drops in opioid hospitalizations and overdoses, according to a new study published in the April issue of the Drug and Alcohol Dependence journal. And despite the loosening of marijuana laws across the country, states that have legalized medical marijuana have not seen an uptick in marijuana hospitalizations. Opioids have ravaged communities across the nation, and some researchers see marijuana as a viable alternative for treating certain ailments.

In states with medical marijuana laws in place, hospitalizations for opioid dependence and abuse dropped by an average of 23 percent, according to the study. In addition, treatment for overdoses decreased by an average of 13 percent. Yuyan Shi, the study’s author, told Reuters that legalizing medical marijuana “may have reduced hospitalization related to opioid pain relievers.” But Shi cautioned that the results are “still preliminary.”

Marijuana’s potential as a replacement for opioids stands in stark contrast to comments Attorney General Jeff Sessions made a few weeks ago. “I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana,” he said, “so people can trade one life-wrecking dependency for another.” Pro-marijuana activists and many others are concerned that Sessions, who once said “good people don’t smoke marijuana,” will crack down on marijuana use, even in states where it is legal.

Comparing the two substances is precarious. Heroin is highly addictive–and is upending communities all over the country–while there has never been a reported marijuana overdose, according to the Drug Enforcement Administration. But the DEA does classify both heroin and marijuana as Schedule I substances.

Despite Sessions’ fear mongering and the federal illegality of marijuana, doctors sometimes prescribe or recommend medical marijuana to patients as a substitute for treating side effects from certain diseases, in lieu of Vicodin or Oxycontin, two powerful opioids. Prescription pain medications or other opioids like heroin kill 91 Americans each day.

Roughly 60 percent of Americans live in an area–one of 28 states or D.C.–where medical marijuana is legal, and researchers are increasingly examining the drug’s medical utility. A report in January from the National Academies of Sciences, Engineering, and Medicine found that marijuana does in fact have therapeutic properties. Still, the Drug and Alcohol Dependence study came to a restrained conclusion: “future investigation is needed to explore the causal pathways of these findings.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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UK Mom Credits Marijuana With Saving Son From Cancer https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uk-mom-says-marijuana-cured-sons-cancer/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uk-mom-says-marijuana-cured-sons-cancer/#respond Tue, 28 Mar 2017 17:42:43 +0000 https://lawstreetmedia.com/?p=59837

She claims his two rare forms of cancer were cured by marijuana--is that even possible?

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As Deryn Blackwell was dying of cancer, his mother, Callie, sought out something, anything, that could relieve his pain. Finally, after three excruciating years of watching Deryn suffer, she found a potential aid: marijuana.

Now, three years after illicitly providing marijuana to Deryn–his doctor would not prescribe him the drug–Callie claims it saved his life. She reveals Deryn’s story in a new tell-all book set for release next month in Britain titled “The Boy in 7 Billion.”

While Deryn’s story is indeed inspiring, researchers caution that it cannot be taken as evidence that marijuana can treat cancer. Anecdotal tales like Deryn’s exist, but clinical trials have not found concrete evidence that marijuana is an effective cancer treatment. It is also unclear if the cannabis tincture Deryn consumed was the direct cause of his recovery.

“It could have been a number of things,” Emma Smith, a science information manager for Cancer Research UK, told Britain’s online newspaper The Independent. “Perhaps cannabis did help, perhaps it didn’t.”

“Because it’s just one person’s story, without a doctor analyzing all the clinical evidence and comparing him to somebody that didn’t get cannabis, we still don’t know for certain it was the cannabis that helped him.”

Deryn’s ordeal began in 2010 when, at ten-years-old, he was diagnosed with leukemia. Eighteen months later he was diagnosed with a second rare form of cancer.

In an excerpt from Blackwell’s book printed in the Daily Mail, Callie writes:

By 2013, after nearly four years of hospital treatment, it seemed that the only thing left for him were opiate drugs to ease the pain as he reached the end of his life. Like any mother would be, I was desperate to find something to alleviate his suffering.

Marijuana has been shown to alleviate some side effects of cancer, including nausea. But according to the American Cancer Society, studies on cannabinoids have not shown that “they help control or cure the disease.”

Medical marijuana is still illegal in the United Kingdom. The only licensed marijuana-based medicine available is Sativex, which is used to treat patients with multiple sclerosis.

After conducting extensive research on the benefits of marijuana, Callie asked Deryn’s doctor if Bedrocan, a cannabis-based painkiller, would be a better alternative than her son’s “mind-numbing morphine.” The doctor said that while it was an effective painkiller, it had not been tested on children and she couldn’t prescribe it to him.

That’s when Callie and her husband, Simon, decided to take matters into their own hands. Simon traveled to a nearby service station and purchased cannabis illegally from a dealer. Back home, Callie whipped up a tincture that would be compatible for a vaporizer pen, which Deryn would later use when the doctors weren’t around.

“We felt like naughty schoolkids who were having a sneaky cigarette around the back of the bike sheds,” Callie wrote.

Devyn, now 17, made a gradual recovery and is currently attending school and working as a part-time chef of vegan food.

Callie said she’ll probably “never be totally free” of the fear that his cancer will return, but she is confident her son can endure. “I am reminded of my miracle boy every time I look at Deryn and I know deep in my heart that whatever the future may throw at us, we can cope,” she wrote. “We always do.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Legalizing Marijuana Hasn’t Led to More Teen Use in Washington https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/legalizing-marijuana-washington-teens/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/legalizing-marijuana-washington-teens/#respond Fri, 24 Mar 2017 19:05:17 +0000 https://lawstreetmedia.com/?p=59766

Looks like marijuana critics may need to come up with a different argument.

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Image Courtesy of Skinny Casual Lover : License Public Domain

Marijuana opponents have frequently argued that legalizing weed encourages more underage kids to try it as justification for why states shouldn’t adopt recreational use laws. However, a new survey from the state of Washington shows that simply isn’t the case.

According to a Youth Health Survey from the state of Washington, which legalized recreational marijuana in 2012 and established dispensaries in 2014, results indicated that teen cannabis consumption hasn’t changed over the past decade.

The survey, which is conducted every two years, found that 26 percent of 12th graders, 17 percent of 10th graders, and 6 percent of 8th graders reported having tried marijuana over a month period in 2016–nearly the same as data collected in 2012.

A total of 230,000 Washington students from 1,000 local school in all 39 Washington counties participated in the survey as part of a collaborative effort involving the Office of the Superintendent of Public Instruction, the Department of Health, the Department of Social and Health Service’s Division of Behavioral Health and Recovery, and the Liquor and Cannabis Board.

Of the students who reported using marijuana, the vast majority said they “usually smoke marijuana” instead of eating, drinking, or vaping it. The study also found that stores aren’t making it any easier for students to buy marijuana, with 8th and 12th graders saying marijuana was just as accessible in 2014 and fewer 10th graders saying it was “very easy” to obtain.

The Washington Post noted that a separate study conducted in Washington found a small increase in marijuana use among 8th and 10th graders in the state, while a federal survey showed “no significant change in teenage marijuana use in the most recent period.”

Overall, these findings look promising for California and Massachusetts, and other states looking to begin recreational operations soon. While AG Jeff Sessions may be worried about “marijuana being sold at every corner grocery store,” this will 1) likely will never be the case and 2) not pose a particular threat to minors. With proper controls put in place, like ID verification, dispensaries can offer a sense of security to parents worried about them selling to their children. That being said, kids largely reported that marijuana is just as easy to get now as it was before the drug was legalized–legalizing it didn’t change anything in that regard.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Oregon Issues First Recreational Marijuana Recall After Failed Pesticide Test https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/first-marijuana-recall/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/first-marijuana-recall/#respond Wed, 22 Mar 2017 17:24:19 +0000 https://lawstreetmedia.com/?p=59722

But not before some customers bought the tainted batch.

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Image Courtesy of tanjila ahmed; License: (CC BY 2.0)

The Oregon Liquor Control Commission (OLCC) recalled a shipment of recreational marijuana due to a failed pesticide test, it announced on Saturday. While the OLCC issued a “health alert” for two strains that were tainted with high levels of pesticides in 2016, it was the first recall since Oregon legalized marijuana in 2015. The commission recalled over nine pounds of Blue Magoo, a strain of marijuana sold at the Buds 4 U dispensary in Mapleton, a small town 45 miles west of Eugene.

The recall was “due to the identification of potentially unsafe pesticide residue on retail plant material produced from marijuana cultivated by Emerald Wave Estate, LLC,” a press release from the OLCC said. “The affected marijuana failed a pesticide test for pyrethrins exceeding the Oregon Health Authority action level for this class of pesticide.”

Though Oregon legalized marijuana in July 2015, its first retail dispensary did not open until last fall. The recall is a reminder of the regulatory hurdles dispensaries and growers face in the contradictory nature of America’s marijuana laws; the drug is illegal at the federal level, while eight states and Washington D.C. have legalized it recreationally. Over half of all states have legalized medical marijuana.

But given the federal classification of the drug as a Schedule I substance–in the same league as LSD and heroin–states are extra careful when drafting regulations. So how did Blue Magoo manage to slip through the regulatory cracks?

Between March 8 and March 10, according to OLCC spokesman Mark Pettinger, Buds 4 U sold 82.5 grams of Blue Magoo to 31 customers. On March 10, using the state’s Cannabis Tracking System, the dispensary noticed that the strain failed the pesticide test. It immediately notified the OLCC, which issued the recall on Saturday. There have been no reports of illness since the potentially harmful buds were sold between March 8-10, according to the OLCC statement.

And although Buds 4 U quickly complied with the OLCC (“They get the gold star,” Pettinger said), the dispensary could still face a penalty. Failing to keep proper records is a Class III violation which, for a first offense, could carry a 10-day suspension and a $1,650 fine. Four Class III violations in a two-year period could lead to a permanent closure.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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SWAT Raids Can be Deadly, Even for People with Small Amounts of Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/swat-raid-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/swat-raid-marijuana/#respond Tue, 21 Mar 2017 17:34:21 +0000 https://lawstreetmedia.com/?p=59683

Why are we using SWAT techniques for these relatively minor offenses?

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Though marijuana use is rarely–if ever–fatal, possession and trafficking can be deadly. A New York Times investigation into the aggressive tactics used by SWAT teams across the U.S. revealed that a startling number of people have been killed as the result of a SWAT raid. Of the 85 fatal raids since 2010–in which either a suspect or officer was killed, 20 involved marijuana, according to a Washington Post analysis of the data. In many instances they involved relatively minor infractions.

The Times investigation details episodes in which SWAT teams raided a suspect’s house without a warrant, a so-called “no-knock raid.” Because of the hurried and often frantic nature of the raids, fatal mistakes sometimes happen. In one deadly 2010 raid, for instance, Trevon Cole was targeted after he sold 1.8 ounces of marijuana to an undercover officer. A SWAT team raided Cole’s residence, and shot and killed him as he flushed his marijuana stash down the toilet. He was unarmed.

There are thousands of these raids each year, and the vast majority do not result in fatalities. But that there are fatal accidents, especially involving people who are handling a drug that is legal in some states and illegal in others, is enough to justify scrutiny. Marijuana, which is legal in some form in more than half of the U.S., is not inherently deadly. In fact, according to the Drug Enforcement Administration, “no death from overdose of marijuana has been reported.”

But that does not stop SWAT teams from busting down the doors of those suspected of growing or selling the drug. “These are dangerous people we’re dealing with,” a SWAT commander in Arkansas told the Times. “If you have a dope house next door there’s probably nothing the police can do that would be overreacting.”

Officers have also been killed during these raids. In one unfortunate case, a SWAT team conducted an early-morning raid on the rural Texas home of Henry Magee, who an informant said was growing 12 marijuana plants. The officers burst into the home before announcing their presence, and Magee, thinking his house was being robbed, shot and killed an officer.

A grand jury later declined to indict Magee with capital murder charges, but he was indicted on a drug trafficking charge. “All of us felt that if I were in bed and heard anything that made me get up and get a gun, and all of a sudden my door explodes in, I’m shooting,” one of the jurors involved in the case told the Times. “Why in the world would you do a full-out assault on a guy growing pot?”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Government Marijuana Looks Nothing Like the Real Stuff https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/government-marijuana-looks-fake/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/government-marijuana-looks-fake/#respond Thu, 16 Mar 2017 13:20:17 +0000 https://lawstreetmedia.com/?p=59576

Researchers need marijuana that real people would actually want to smoke!

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Image Courtesy of Spot Us : License (CC BY-SA 2.0)

When you were younger you probably heard of teenagers getting fooled into buying ziplock bags of scrunched-up oregano, thinking it was marijuana. While pranking teens tends to be pretty easy, is the government just as gullible? Many people questioning the quality of marijuana research findings are wondering that very thing, after a new report from the Washington Post revealed that government marijuana looks nothing like marijuana you’d find on the streets.

According to the Post, researchers have been required to use marijuana provided by the federal government ever since the 1960s. As it turns out, all federal marijuana is grown at a single facility at the University of Mississippi, overseen by the National Institute on Drug Abuse (NIDA). But the marijuana made at this lab looks drastically different from the stuff you’d buy from a local dealer or dispensary.

This is what government marijuana looks like:

While weed comes in different colors, densities, and shapes, it’s easy to notice the differences between the commercial weed and the government marijuana by looking at the side-by-side comparisons. The image on the left looks like the real deal, while the image on the right resembles something closer to dried rosemary or grass clippings than actual marijuana.

“In two decades of smoking weed, I’ve never seen anything that looks like that,” said Jake Browne, a cannabis critic for the Denver Post’s Cannabist marijuana news site. “People typically smoke the flower of the plant, but here you can clearly see stems and leaves in there as well, parts that should be discarded. Inhaling that would be like eating an apple, including the seeds inside it and the branch it grew on.”

Twitter quickly mocked the quality of the government weed in the photo as well:

But it isn’t just the weed’s appearance that is different.

The potency of government marijuana typically maxes out at about 13 percent THC, but some reports put that number much lower. By comparison, commercial weed available in Colorado averages at about 19 percent THC, according to a laboratory that tests commercial marijuana in the state.

“It’s akin to investigating the effects of bourbon by giving people Bud Light,” wrote the Post.

Last summer the DEA formally took steps to end the monopoly on the production of research grade marijuana, but so far, no other producers have been approved.

The founding director of the Multidisciplinary Association for Psychedelic Studies, Rick Doblin, contends that the marijuana being used for research isn’t all bad. “[NIDA’s] marijuana is fine if you want to do academic research,” Doblin said.

Right now marijuana research is in high demand, as states look to cannabis studies for guidance while weighing the pros and cons of legalizing marijuana for medical or recreational purposes. But in order to ensure the credibility of this research, the government may want to look into providing researchers marijuana that real people would actually want to smoke.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Fact-Checking Jeff Sessions’s Claim that “Medical Marijuana Has Been Hyped, Maybe Too Much” https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/medical-marijuana-has-been-hyped/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/medical-marijuana-has-been-hyped/#respond Wed, 15 Mar 2017 20:36:23 +0000 https://lawstreetmedia.com/?p=59584

Sessions made some concerning statements about marijuana today.

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Image courtesy of Gage Skidmore; License:  (CC BY-SA 2.0)

As soon as Jeff Sessions was nominated by President Donald Trump for the position of Attorney General, pro-medical marijuana advocates had reason to feel uneasy. Sessions has long been anti-marijuana, and while he has previously indicated that federal enforcement of marijuana law wouldn’t change too much, there are still concerns that under his tenure, the DOJ will decide to crack down. Sessions addressed law enforcement officials in Richmond, Virginia, earlier today, and his comments about marijuana should only heighten those concerns. But was Sessions right?

Let’s check out what he said:

He stated, “I think medical marijuana has been hyped, maybe too much.” He went on to say:

I realize this may be an unfashionable belief in a time of growing tolerance of drug use. But too many lives are at stake to worry about being fashionable. I reject the idea that America will be a better place if marijuana is sold in every corner store. And I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana–so people can trade one life-wrecking dependency for another that’s only slightly less awful. Our nation needs to say clearly once again that using drugs will destroy your life.

That’s a lot to unpack. Here are the three biggest issues with Sessions’s comments:

“Marijuana Sold in Every Corner Store”

That would be unfortunate, but no one is proposing anything like that. Every state that has legalized marijuana also puts in place a way to regulate sales–the only exception perhaps being the very grey area of D.C.’s sort-of legal marijuana laws that are still being blocked by Congress. Medical marijuana is similarly strictly regulated. And it’s also worth pointing out that two things that are arguably just as dangerous as weed, and certainly more addictive–alcohol and cigarettes–are available at corner stores. Sessions’s comment about “marijuana sold in every corner store” is clear fear-mongering. It paints pro-legalization efforts as extreme and impractical, and ignores the serious regulatory work that goes hand-in-hand with legalization.

Legalizing recreational marijuana and extending medical marijuana efforts are not to be taken lightly. Many considerations are paramount–for example, how marijuana affects young people, and how our DUI laws need to be altered. Those concerns are not to be downplayed. But they’re not to be fabricated either, and the idea that marijuana will suddenly be as easy to get as groceries is a falsehood.

“One Life-wrecking Dependency for Another That’s Only Slightly Less Awful” and “Using Drugs Will Destroy Your Life”

Heroin is absolutely a life-wrecking dependency. And given the huge rise in overdoses, particularly in rural areas of the United States, it’s heartening to hear a politician talk seriously about combatting it. But claiming that marijuana is a “life-wrecking dependency” is, once again, clear fear-mongering on Sessions’s part.

Marijuana dependence is certainly possible. Studies indicate that less than 10 percent of people who use marijuana become dependent on it, although that number rises to 17 percent if you look exclusively at people who begin using marijuana in their teens. Heroin, however, is one of the most addictive drugs out there. (And perhaps we should tell AG Sessions that alcohol and tobacco, available at your friendly neighborhood corner store, also rank in the top 10 most addictive drugs.)

Again, this is not to say that marijuana shouldn’t be strictly regulated, or that it’s impossible to become addicted to it. But to compare heroin addiction to marijuana does a serious disservice to the millions of Americans who have been affected by heroin. Fighting against marijuana–whether that be medical marijuana or recreational marijuana–is not going to do much to combat heroin addiction. Other factors, like prescription drug use, are significantly more pressing. Almost 80 percent of heroin addicts report having misused prescription drugs prior to getting hooked on heroin. While people who are addicted to marijuana are three times more likely to become addicted to heroin than non-addicts, people who abuse prescription opioid painkillers are a staggering 40 times more likely to become addicted to heroin.

“Medical Marijuana Has Been Hyped, Maybe Too Much”

Generally speaking, Sessions’s remarks today were confusing. While he said “medical marijuana has been hyped, maybe too much,” it’s unclear that he was speaking just about medical marijuana. His rhetoric–“legalizing marijuana” and “sold in every corner store” seemed to track more with arguments against recreational marijuana. And if he was talking about medical marijuana, that’s equally confusing, given that there’s evidence to suggest that opioid use does decrease in states that legalize medical marijuana. Given the deadliness of opioid overdoses compared to marijuana (note: there were zero overdoses on marijuana in 2015) that possibility seems at the very least worth exploring.

Sessions did roll back his comments during a question and answer segment after his remarks. He said that the Obama-era Cole Memo, which de-prioritizes the enforcement of federal anti-marijuana law in states where it has been legalized, was “valid.” But the fact that Sessions made the remarks in the first place indicate that pro-medical and recreational marijuana advocates have every reason to remain concerned.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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What’s Going on with Canada’s Cannabis Raids? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/canadas-cannabis-raids/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/canadas-cannabis-raids/#respond Wed, 15 Mar 2017 16:36:07 +0000 https://lawstreetmedia.com/?p=59567

Toronto police have been cracking down on marijuana dispensaries.

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"Toronto" Courtesy of Nick Harris; License: (CC BY-ND 2.0)

Months before lawmakers in Canada are expected to take up marijuana legalization legislation, police in Toronto have been raiding dispensaries; a number of individuals have been charged at this point. Just last week, police raided dispensaries across three cities. The targets were all Cannabis Culture branches, the popular chain owned by Canada’s so-call “Prince of Pot” Marc Emery. Emery and his wife were arrested at an airport last week and charged with drug trafficking, conspiracy, and possession. They were en route to a cannabis festival in Spain.

The cannabis raids have been going on for months, in what Toronto police are calling Project Gator, an effort to clamp down on dispensaries which, under the current law, are illegal. But opponents of the crackdown argue that Canada’s marijuana law is hardly black and white. The laws aren’t consistently enforced, leading to confusion and ambiguity for dispensaries and consumers.

“Just because there’s not a grey area when it comes to the law in the books doesn’t mean there’s not a grey area in practice in terms of what’s happening on the ground,” said lawyer Gerald Chan. Canada’s criminal justice system is “overburdened,” Chan said, and police should focus their attention on graver, potentially more dangerous crimes. In Ottawa, some people accused of committing murder were recently allowed to walk free after the justice system’s resources dried up.

Toronto police are not backing down from Project Gator, however. “The dispensary advocates want you to believe … there’s a grey area,” said Mark Pugash, a spokesman for the Toronto police. “There isn’t.” Pugash added: “The fact is, however you try to shine this, it is against the law.”

Last week was not the first time Emery, the “Prince of Pot,” was arrested on marijuana-related charges. After he was convicted of selling marijuana seeds in the U.S. in 2007, Emery spent seven years in prison. On Friday, soon after they were arrested at the airport, the Emerys were released on bail. Jodie Emery, Marc’s wife, said the arrest was “appalling,” adding that she was “quite disturbed by the fact that we are innocent until proven guilty, yet Cannabis Culture, which is a magazine, head shop, vapor lounge, it’s a movement.”

Prime Minister Justin Trudeau said recently that lawmakers will be looking at marijuana legalization legislation this summer. But, as the recent raids in Toronto indicate, that does not mean the current law will go unenforced. “Until we have a framework to control and regulate marijuana, the current laws apply,” Trudeau said.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Is Synthetic Marijuana More Dangerous Than Traditional Marijuana? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/synthetic-marijuana-dangerous/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/synthetic-marijuana-dangerous/#respond Tue, 14 Mar 2017 14:09:08 +0000 https://lawstreetmedia.com/?p=59542

What about when we're talking about young consumers?

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"Synthetic Marijuana" Courtesy of TX Attorney General; License: (CC BY-ND 2.0)

According to a new study by the U.S. Center for Disease Control and Prevention, teens who use synthetic marijuana are more likely to engage in risky behavior, have unprotected sex, and abuse other, potentially more harmful drugs. The study interpreted data from the 2015 Youth Risk Behavior Survey to come to its conclusions.

Researchers found that “nearly one in 10 high school students had used synthetic marijuana at some point in their lifetime,” said Heather Clayton, the lead researcher of the CDC study, and a scientist with the center’s Division of Adolescent and School Health.

“The findings indicate that students who report using synthetic marijuana are possibly on a very concerning health trajectory, which is particularly serious given that synthetic marijuana use is relatively common among adolescents,” Clayton added.

Those who use synthetic pot–also known as “fake weed”–are more likely to carry a gun or engage in violent behavior than those who use traditional marijuana, the researchers said, and are more likely to have begun using marijuana at an early age. Synthetic marijuana use is also linked to having unprotected sex. So why do people turn to synthetic marijuana rather than the natural plant? It’s readily available, it’s cheap, and it’s hard for authorities to detect, due to manufacturers’ ever-changing formulas and marketing techniques.

Like traditional marijuana, the synthetic variety is classified as a Schedule I drug by the Drug Enforcement Administration. Though often packaged and marketed in a colorful, almost innocent fashion (K2 and Spice are common strain varieties), synthetic marijuana is tied to a variety of adverse effects. According to the National Institute on Drug Abuse, synthetic marijuana, which usually consists of dried leaves sprayed with a menagerie of chemicals, can lead to “rapid heart rate, vomiting, violent behavior, and suicidal thoughts.”

The CDC researchers said that their findings were not meant to establish a causal relationship between synthetic marijuana use and risky behavior in teens. For instance, people who are more likely to engage in risky or violent behaviors are also more likely to try synthetic marijuana. But “it’s still important for health professionals and school-based substance-prevention programs to focus on strategies that reduce the initiation of marijuana and synthetic marijuana use,” Clayton said.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Israel Announces it Will Decriminalize Recreational Marijuana Use https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/israel-decriminalize-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/israel-decriminalize-marijuana/#respond Wed, 08 Mar 2017 18:12:38 +0000 https://lawstreetmedia.com/?p=59398

Penalties will shift from jail time to fines.

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"The Knesset" Courtesy of israeltourism; License: (CC BY 2.0)

Israel’s Cabinet announced on Sunday that the country, already one of the world’s leaders in medical marijuana innovation, is decriminalizing recreational marijuana use. Despite its innovations in medical marijuana research, Israel previously viewed recreational use as a criminal offense; although enforcement was lenient. But now, Israel is officially joining a handful of other countries–including the Netherlands, Mexico, Czech Republic, Costa Rica, and Portugal–in officially treating marijuana use as a public health issue, not a criminal offense.

The Cabinet’s announcement drew bi-partisan applause. “Whether one supports use of cannabis or is opposed, it is wrong to judge cannabis users per criminal law and its derivatives,” said right-wing Justice Minister Ayelet Shaked, adding that Israel “cannot turn a blind eye in light of changes worldwide regarding cannabis consumption and effect.”

And Tamar Zandberg, member of the left-wing Meretz Party, and chairwoman of the Committee on Drug and Alcohol Abuse, said Sunday’s announcement is “a message that millions of Israelis who consume cannabis are not criminals.”

Under the new decriminalization model, first time users, if caught smoking pot in public, will be slapped with a 1,000 shekel ($271) fine, but no criminal charges would be brought. A subsequent offense would double the fine. And a third could require rehabilitation, education, and a suspended driver’s license. The money collected by fining public marijuana users would help fund rehabilitation clinics and educational programs. A fourth offense could result in criminal charges.

The medical marijuana industry in Israel, while still relatively nascent, is backed by the government and is a growing source of innovation in the private sector. There are 25,000 registered medical marijuana patients in Israel, a number that is expected to grow exponentially over the next few years. Following Sunday’s announcement, the government will set up a special team tasked with regulating and carrying out the decriminalization policy. The new policy is based on the findings of a committee led the the Public Security Ministry Director General Rotem Peleg.

The Public Security Minister Gilad Erdan said Sunday’s announcement “is an important step on the way to implementing the new policy that will put emphasis on explaining and treating” marijuana use, “rather than on criminal enforcement.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Cannabis in America March 2017: Will Colorado Be First to Legalize “Pot Clubs”? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-march-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-march-2017/#respond Mon, 06 Mar 2017 21:56:00 +0000 https://lawstreetmedia.com/?p=59370

Check out our March Cannabis in America newsletter!

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"Coffee Shop" Courtesy of mattmangum: License (CC BY 2.0)

All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.


STATE OF WEED: WATCH

Will the U.S. Finally End its Prohibition on Marijuana?

A freshman representative from Virginia introduced legislation last week that would remove marijuana from the federal Controlled Substances Act. This measure, introduced by Representative Thomas Garrett (R-VA), is identical to legislation introduced by Senator Bernie Sanders (I-VT) in 2015 that never really went anywhere. The bill would not effectively legalize the sale and use of marijuana in all 50 states; instead, it would allow states the ability to make their own decisions on marijuana policy without the threat of federal interference.

NFLPA Will Explore if Marijuana is Safer Than Opiates 

The NFL Players Association will look into whether marijuana is a safer pain management alternative for athletes than opiates. During a taping of the NBC Sports “Pro Football Talk Live” radio show, NFLPA President Eric Winston revealed that owners may soon have no choice but to embrace it.

Colorado Could Become the First State to Legalize “Pot Clubs”

In a five-to-two vote, the Colorado Senate Business, Labor, and Technology Committee recently passed a bill that would bring “pot clubs” to the state. Senate Bill 184, titled Private Marijuana Clubs Open and Public Use, would allow individuals 21 years and older to publicly consume marijuana in privately-owned marijuana clubs. The bill will now move to a full Senate vote.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”


LAW STREET CANNABIS COVERAGE

Will the Trump Administration Crack Down on Marijuana?

By Alec Siegel

White House Press Secretary Sean Spicer suggested the Justice Department will increase its enforcement of federal marijuana laws. Marijuana is banned at the federal level, but is legal, recreationally or medically, in 28 states and D.C. However Spicer did say the president sees a “big difference” between recreational and medical marijuana.

Congress Now Has A Bipartisan Cannabis Caucus

By Alexis Evans

A group of pro-pot federal lawmakers has teamed up to announce the formation of the first-ever Congressional Cannabis Caucus. The bipartisan effort will work on legislation related to marijuana legalization and regulation, proving that perhaps Congress is taking the issue of marijuana legalization seriously.

Hemp Industries Association Sues DEA for Regulating Hemp as a Schedule I Drug

By Alexis Evans

The Hemp Industries Association (HIA) has filed a motion against the DEA, challenging the agency’s handling of hemp foods as Schedule I drugs. On February 6, the HIA filed a motion to find the DEA in contempt of court for failing to comply with a 13-year-old court injunction, prohibiting the agency from regulating hemp food products as Schedule I controlled substances.


THREE QUESTIONS: EXCLUSIVE Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

Dr. Sheryl Ryan is a pediatrician and the co-author of a new report titled“Counseling Parents and Teens About Marijuana Use in the Era of Legalization of Marijuana.” Dr. Ryan recently spoke with Law Street’s Alec Siegel about pediatricians’ role in keeping marijuana away from kids, and if they will prescribe medical marijuana to young people in the future. The following conversation has been edited and condensed for clarity.

AS: Do you see yourself and other pediatricians as a line of defense for marijuana use among kids?

SR: Absolutely, as much as we can be. People look to us. Parents do see pediatricians as having a legitimate voice. There is a certain respect for what we say. But those are only the parents that we see; there are many kids we don’t have access to. There are many kids whose parents have their own views of things and won’t listen to what we have to say. There aren’t too many other people who are speaking for kids in terms of health other than pediatricians.

AS: Do you think children, teens, and young adults should be able to use marijuana in a medical capacity?

SR: There are going to be cases of compassionate use. There may be a kid who is at the end of life, getting chemotherapy, and has nausea. In that case, should I be worried about that kid’s final brain development? No. We try to recognize that there are going to be cases where we should be able to work with parents and allow [their children] to use marijuana. We’re against blanket application across the board.

AS: Do you see a day where pediatricians prescribe marijuana to young people?

SR: I see that in the future. I’ve been to conferences where people are doing cutting edge research about a lot of different compounds in the marijuana plant. People are looking at benefits on the immune system. There’s a lot of work being done in this field. We don’t hear a lot about it because it hasn’t yet been translated to clinical application. I think ultimately there will be a lot more benefits of some of the different compounds of the cannabis plant. Before you can get there, you’ve got to have the research, evaluation, and clinical trials that tells you what’s an effective dose.


CANNABIS CULTURE

A Cannabis Gym is Opening in San Francisco

By Alec Siegel

Things you find at a gym: barbells, bad dance music, bro tanks, yoga pants, and marijuana. Marijuana? At Power Plants Fitness, opening in May in San Francisco, yes, you will find marijuana. Find out more here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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The Trump Effect?: Oregon Lawmakers Push to Protect Pot Privacy https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-lawmakers-protect-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-lawmakers-protect-marijuana/#respond Fri, 03 Mar 2017 22:13:58 +0000 https://lawstreetmedia.com/?p=59311

The battle lines have been drawn.

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Image courtesy of Martijn : License (CC BY-SA 2.0)

The marijuana industry and the Trump Administration seem to be locked in a battle of chicken. Known Russian affiliate Attorney General Jeff Sessions and active Venmo user Press Secretary Sean Spicer have drawn battle lines, but we’ve been waiting to see who will make the first move. Until now.

In an attempt to circumvent the inevitable nationwide crackdown on legal marijuana, a group of bipartisan Oregon lawmakers are leading the charge with direct state actions.

According to CBS News, the committee responsible for crafting Oregon’s pot policies has proposed legislation that requires marijuana businesses to destroy customers’ personal information (such as names, addresses and birth dates, gathered for marketing purposes) within 48 hours.

via GIPHY

The measure is scheduled for its first hearing Tuesday. Before it can take effect, it must first pass the full legislature, before finally being approved by the state’s governor, who has vowed to protect Oregon’s pot market.

“I could see where the federal government would come in and try to gather this information from businesses that have stockpiled it and retained it in their records,” said Democratic State Sen. Floyd Prozanski, a bill sponsor who is also a prosecutor. “I think we as legislators have a duty to protect our citizens.”

Even though marijuana is still illegal at the federal level, eight states and the District of Columbia have legalized recreational marijuana. However, only four of those states have established legal dispensaries. These shops are required to check the driver’s licenses of customers to verify they are at least 21. But some take it a step further, logging driver’s license numbers, birthdays, addresses, and other personal information into their systems.

“The reason we keep that information is to reach out to them–it’s marketing, just like any retailer,” said Donald Morse, executive director of the Oregon Cannabis Business Council.

Lawmakers fear that this same information could one day be used by the feds to build legal cases against individuals who have purchased marijuana, albeit legally. While the Justice Department doesn’t typically go after individuals, this could be a serious violation of privacy.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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A Cannabis Gym is Opening in San Francisco https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-gym-san-francisco/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-gym-san-francisco/#respond Wed, 01 Mar 2017 14:20:16 +0000 https://lawstreetmedia.com/?p=59241

Where muscles and marijuana are equally welcome.

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Image Courtesy of Victor; License: (CC BY 2.0)

Things you find at a gym: barbells, bad dance music, bro tanks, yoga pants, and marijuana. Marijuana? At Power Plants Fitness, opening in May in San Francisco yes, you will find marijuana. Founded by Jim McAlpine, with funding help from former NFL star Ricky Williams, the cannabis gym is designed to be a complete health and wellness experience. Patrons will be able to purchase marijuana edibles on-site, and consume the drug before, during, or after their workout.

Billing itself as the “world’s first cannabis gym” on its website, Power Plants Fitness “will help those who understand cannabis as a wellness tool proliferate that message to the rest of the world.” The website continues:

Power Plant trainers have a full knowledge base of both physiology and training as well as focused education in all aspects of how to integrate cannabis into one’s daily routine of ‘wellness.’ This philosophy of using cannabis for optimal states of wellness and peak performance is not new, however it has been hidden from the general public.

McAlpine, the 46-year-old serial entrepreneur who founded the gym, recently spoke with Outside Magazine about his new concept. “If you use it right,” he said, “cannabis takes the things you love and lets you love them more. With fitness that can help get you into the zone, into eye-of-the-tiger mode.”

There is scant evidence to suggest marijuana boosts athletic performance. It is on the International Olympic Committee’s list of banned substances, though only in enormous amounts. There is evidence however, that THC, the active chemical in marijuana, can reduce anxiety, loosening the muscles and the mind for a more enjoyable and, perhaps, more effective workout.

McAlpine’s latest brainchild will be opening its first branch in the Mission District of San Francisco, with plans to expand to Los Angeles, San Jose, Seattle, Denver, and Portland. In November, California was among the latest batch of states to legalize recreational marijuana. As the drug becomes more accepted–both by society and by the law–it will likely find its way to less traditional venues and concepts. Over the next few years, will marijuana be integrated into workout routines? It’s unclear, but if it does, one thing is for sure: gym-goers would have no problem downing their post-workout protein shake.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Pediatricians’ Group Issues New Guidelines Regarding Kids and Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/pediatricians-kids-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/pediatricians-kids-marijuana/#respond Mon, 27 Feb 2017 20:58:51 +0000 https://lawstreetmedia.com/?p=59220

Pediatricians are adapting to looser marijuana laws.

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Image Courtesy of Brooke Hoyer; License: (CC BY 2.0)

The American Academy of Pediatrics (AAP) on Monday released new guidelines for pediatricians to follow in light of recent marijuana legalization developments. Marijuana is legal, either medically or recreationally, in 28 states and D.C. Though overall marijuana use, even in states with the most lenient laws, has remained the same, decriminalization has “created an environment in which marijuana increasingly is seen as acceptable, safe, and therapeutic,” the report said.

This, the report added, can “affect use among adolescents by decreasing the perceived risk of harm or through the marketing of legal marijuana, despite restrictions that prohibit marketing and advertising to this age group.”

Co-written by Dr. Sheryl Ryan and Dr. Seth Ammerman, the report, “Counseling Parents and Teens about Marijuana Use in the Era of Legalization of Marijuana” will be published in the March edition of the Journal of Pediatrics. With an absence of solid scientific research into marijuana’s effects on brain development, Ryan said in a press release, pediatricians and parents must play a vital role in educating children to abstain from the drug.

“The adolescent brain, particularly the prefrontal cortex areas that control judgment and decision-making, is not fully developed until the early 20s, raising questions about how any substance use may affect the developing brain,” the report said. Ryan, in the press release, noted the negative effects marijuana might have on a developing brain: “short-term impairment of memory, attention, concentration and problem-solving skills, as well as motor control, coordination and reaction time.”

Marijuana, though illegal for anyone younger than 21, even in states that have legalized it for recreational use, is more accessible than ever before. Use among children ages 12 to 17 has remained steady since 2002. But there has also been an uptick in calls and visits to poison centers over the past few years, mostly involving children (babies as well) who have accidentally consumed a piece of candy or baked good infused with marijuana.

The stigma surrounding the drug is also dissipating, which is alarming to health professionals who are not entirely certain about its health effects, especially on developing brains. In addition, the concentration of THC–the active chemical in marijuana–in a plant has increased. In the 1980s, marijuana had a THC concentration of about four percent; in 2012, that rose to 12 percent.

The report included “talking points for parents and teens,” such as: regular marijuana use among teens can lead to depression; use by minors is illegal, and can lead to prosecution and a criminal record; secondhand marijuana smoke is toxic. The report suggests parents not use marijuana in front of their children, keep marijuana-infused edibles stowed away, and to “not share your own histories of drug use with your children.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Will the Trump Administration Crack Down on Marijuana? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/trump-federal-marijuana-ban/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/trump-federal-marijuana-ban/#respond Fri, 24 Feb 2017 19:30:07 +0000 https://lawstreetmedia.com/?p=59159

On Thursday, Sean Spicer indicated that it could happen.

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Image Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

In a press conference on Thursday, White House Press Secretary Sean Spicer suggested the Justice Department will increase its enforcement of federal marijuana laws. Marijuana is banned at the federal level, but is legal, recreationally or medically, in 28 states and D.C. However Spicer did say the president sees a “big difference” between recreational and medical marijuana.

“I do believe you will see greater enforcement of it,” Spicer said, referring to the federal marijuana ban. “When you see something like the opioid addiction crisis blossoming in so many states around this country, the last thing we should be doing is encouraging people,” he added. “There is still a federal law that we need to abide by when it comes to recreational marijuana and drugs of that nature.”

Spicer’s remarks seem to contradict comments Trump made during the campaign. At a rally in October 2015, Trump said marijuana policy is a “state-by-state” issue. Trump hardly has fixed positions on certain issues, however, and his views on marijuana enforcement might have evolved since late 2015. Spicer’s comments also implied that marijuana use can lead to more dangerous drug use, like opioids. There is limited, if any, evidence to support the so-called “gateway drug” theory.

Marijuana advocates have been wary about the new attorney general, Jeff Sessions, because of anti-marijuana comments he made when he was a senator from Alabama. But during his hearing last month, Sessions said he “won’t commit to never enforcing federal law” but added that doing so is “a problem of resources for the federal government.” That there are more pressing issues than marijuana enforcement on the Justice Department’s agenda–narcotics trafficking and criminal justice, for example–might be the best buffer against a clamp down on marijuana use in states where the practice is legal.

The Congressional Cannabis Caucus, created last week and co-chaired by a bi-partisan group of congressman, released a statement in response to Spicer’s comments. “We hope today’s comments do not reflect the views of the President and his administration,” said the group, which consists of Reps. Earl Blumenauer (R-OR), Dana Rohrabacher (R-CA), Jared Polis (D-CO), and Don Young (R-AK). “We stand ready to educate this administration on the need for more sensible marijuana policies and share the many experiences states have had with the legalization of cannabis.”

In 2013, the Deputy Attorney James Cole, responding to the recent recreational marijuana legalization in Washington and Colorado, issued a memo that directed the federal government to consider state laws when enforcing the federal marijuana ban. The Cole Memo reiterated that marijuana trafficking and related criminal activity–such as selling to minors–should be aggressively enforced. Indeed, the Obama Administration conducted raids on growing facilities in states that legalized the drug. But the Cole Memo instructed deference to state law when it comes to possessing or selling small amounts of marijuana.

For all of the uncertainty Spicer’s comments cast on marijuana enforcement, he made clear that the president respects and understands the medical utilization of marijuana. “The president understands the pain and suffering that many people go through who are facing, especially terminal diseases,” Spicer said, “and the comfort that some of these drugs, including medical marijuana, can bring to them.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Congress Now Has a Bipartisan Cannabis Caucus https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/congress-cannabis-caucus/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/congress-cannabis-caucus/#respond Tue, 21 Feb 2017 15:33:00 +0000 https://lawstreetmedia.com/?p=59051

Perhaps Congress is taking the issue of marijuana legalization seriously.

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"U.S. Capitol building" Courtesy of Gage Skidmore: License (CC BY-SA 2.0)

A group of pro-pot federal lawmakers has teamed up to announce the formation of the first-ever Congressional Cannabis Caucus. The bipartisan effort will work on legislation related to marijuana legalization and regulation, proving that perhaps Congress is taking the issue of marijuana legalization seriously.

During a press conference last Thursday afternoon, Representatives Earl Blumenauer (R-Oregon), Dana Rohrabacher (R-California), Don Young (R-Alaska), and Jared Polis (D-Colorado) joyfully announced the creation of the coalition. Unsurprisingly, all four of the representatives hail from states where recreational marijuana is legal.

“We’re stepping forward together to say we’ve got to make major changes in our country’s attitude toward cannabis,” Rep. Rohrabacher said at the start of the press conference. “And if we do, many people are going to live better lives, it’s going to be better for our country, better for people, and it makes economic sense at a time when every penny must count for government.”

Rohrabacher and company discussed the importance of protecting the rights of individuals who reside in states where recreational marijuana is legal. Earlier this month Rohrabacher introduced HR 975, otherwise known as the Respect State Marijuana Laws Act of 2017, which would allow state law to supersede federal law when it comes to the Controlled Substance Act.

The appointment of Sen. Jeff Sessions as U.S. Attorney General, a staunch marijuana critic, left many marijuana advocates wary of whether there will be any legislative change under the Trump Administration. In the past Sessions has called the drug “dangerous” and has joked that “good people don’t smoke marijuana.” However, Sessions said during his confirmation hearing that he would need to use “good judgment” when deciding how to enforce federal marijuana laws.

“Because of the conflicts between Federal and State law, marijuana-related issues are no longer theoretical–they are real, and they are affecting real people in Alaska and across the country,” Young said in a written statement. “I look forward to working with the Congressional Cannabis Caucus to educate my colleagues in the House on the issues we are facing in Alaska, and hopefully to also develop solutions to these problems.”

According to Salon, several of the marijuana industry’s top leading lobbying groups and associations–including NORML, the Marijuana Policy Project, and the Drug Policy Alliance, among others–issued a joint statement on Thursday thanking the lawmakers leading the charge on cannabis policy.

“The establishment of a Cannabis Caucus will allow members from both parties, who represent diverse constituencies from around the country, to join together for the purpose of advancing sensible cannabis policy reform,” the statement read.

With marijuana legalization approval ratings at an all time high, we’ll have to wait and see if the bipartisan efforts of these state representatives can make some more headway with updating current legislation.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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The New Drug Gaining Popularity in Nursing Homes: Marijuana Pills https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nursing-homes-marijuana-pills/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nursing-homes-marijuana-pills/#respond Mon, 20 Feb 2017 20:01:31 +0000 https://lawstreetmedia.com/?p=59029

Residents are turning to the drug to alleviate pain and other symptoms.

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Image Courtesy of Nico Paix; License: (CC BY 2.0)

When his father was dying of cancer in 1999, Daniel Reingold brewed a remedy that would not cure his fatal disease, but might alleviate his pain: marijuana-infused tea. Reingold, now the president and CEO of RiverSpring Health, later brought his first-hand experience with the medical properties of marijuana to a nursing home his company operates in the Bronx. The Hebrew Home, in Riverdale, allows its residents to find late-in-life relief from a leaf that doesn’t grow in the facility’s garden: marijuana, in the form of cannabidiol (CBD) pills. 

As states continue to loosen the laws for marijuana use, the drug is reaching people who might have grown up in the age of “Reefer Madness.” Though marijuana use has shot up among all demographics over the past decade, use among adults ages 65 and up has increased exponentially. According to one recent study, between 2006 and 2013, marijuana use among people 65 and up has increased by 250 percent.

In some of the 28 states (and the District of Columbia) that have legalized marijuana for medical use, elderly residents of nursing homes and assisted living facilities can use marijuana pills in lieu of drugs like morphine. But at many of them, because the drug is banned at the federal level, the staff will not directly administer or oversee use, instead following a “don’t ask, don’t tell” policy. Residents can obtain cannabis products from a dispensary, and stow them away in their rooms. Some are worried that this is a health hazard, especially since the effects of marijuana on older people are far from understood.

“If residents are taking it, they are taking it undercover without the staff knowing so it’s not part of their care plan,” Dr. Cheryl Phillips, senior vice president for public policy and health services for a group that represents more than 2,000 nursing homes, told The New York Times. “I think that creates a safety problem.”

But for some residents at places like the Hebrew Home, popping a pill filled with cannabis oil is no different than using any other medication–aside from the stigma that comes with it. “It’s got a stigma,” Marcia Dunetz, 80, told the Times. “People don’t really believe you’re not really getting high if you take it.” Dunetz, a Parkinson’s patient, said since using marijuana she no longer wakes up with headaches, and feels less dizzy and nauseous.

Because marijuana is banned, in all capacities, at the federal level, staff at many assisted living facilities and nursing homes could theoretically be committing a crime if they were to administer marijuana to residents and patients. That possibility deters the staff and the owners wary of doing so. And at government-supported nursing homes, there is the possibility that Medicare and Medicaid could take a hit if the staff were giving their patients pot.

And then there is the great unknown of how marijuana affects older people. Should they consume less? Will it adversely affect their brains? “On the one hand, cannabis may be an effective substitute for prescription opioids and other misused medications; on the other hand, cannabis has emerged as an alternative for the undertreatment of pain at the end of life,” said a study published in January in the Oxford University Press.

Ruth Brunn, a 98-year-old with neuropathy living at the Hebrew Home, does not know what long-term affects taking cannabis oil pills will have on her (long-term has a different meaning for her, perhaps), but that doesn’t matter. “I don’t feel high or stoned,” she told the Times. “All I know is I feel better when I take this.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Hemp Industries Association Sues DEA for Regulating Hemp as a Schedule I Drug https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hemp-industry-sues-dea-lawsuit/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/hemp-industry-sues-dea-lawsuit/#respond Thu, 16 Feb 2017 20:53:36 +0000 https://lawstreetmedia.com/?p=58962

The DEA could be found in contempt of court.

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The Hemp Industries Association (HIA) has filed a motion against the DEA, challenging the agency’s handling of hemp foods as Schedule I drugs.

On February 6, the HIA filed a motion to find the DEA in contempt of court for failing to comply with a 13-year-old court injunction, prohibiting the agency from regulating hemp food products as Schedule I controlled substances. A 2004 ruling, made by the Ninth Circuit Court of Appeals, determined that the DEA had violated the Controlled Substances Act by designating hemp stalk, fiber, sterilized seed, and oil as “marijuana.”

Hemp contains trace amounts of naturally occurring THC, the main psychoactive ingredient in marijuana. The versatile crop be used in a variety of ways, from making rope and fabrics, to food and fuel. In December 2016, the DEA and North Dakota Department of Agriculture halted the export of Healthy Oilseeds’ hemp products grown under the state’s hemp pilot program and Congress’ Agricultural Act of 2014 (Farm Bill), claiming it was prohibited “because industrial hemp is a Schedule I controlled substance under the Federal Controlled Substances Act.”

“We will not stand idly by while the DEA flouts the will of Congress, violates the Ninth Circuit order, and harasses honest hemp producers trying to make a living with this in-demand crop,” said Colleen Keahey, Executive Director of the HIA, in a press release.

The motion comes nearly two months after the DEA added a new code to its Federal Register that reclassifies CBD oil and other marijuana extracts, like hemp oil, as Schedule 1 drugs. DEA officials argued that the code would allow the agency to track quantities of CBD and other marijuana extracts imported and exported to and from the U.S. separately from quantities of marijuana, but marijuana advocates have labeled the move as federal overreach.

Classifying marijuana–and its derivatives, such as hemp–in the same category as “hard drugs” like heroin and bath salts continues to baffle weed advocates; the drug is praised for its medicinal properties, and no deaths from a marijuana overdose have ever been recorded.

“Hemp is a healthy superfood with vital nutrients such as Omegas 3 and 6, protein, fiber and all 10 essential amino acids that are ideal for today’s family,” said Keahey. “The DEA must stop treating hemp, hempseed and hempseed oil, which is a nutritious ingredient, as something illicit.”

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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New Mexico Senate Votes to Expand Medical Marijuana Program https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-mexico-approves-medical-marijuana-expansion/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-mexico-approves-medical-marijuana-expansion/#respond Wed, 15 Feb 2017 18:13:01 +0000 https://lawstreetmedia.com/?p=58916

Next up: the House of Representatives.

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"New Mexico State Capitol" Courtesy of Mr.TinDC; License: (CC BY-ND 2.0)

A new law passed by the New Mexico Senate Monday is seeking to expand the state’s existing medical marijuana program to include more qualifying conditions following rising demand.

New Mexico’s medical cannabis program was established in 2007. As the law stands, patients with qualifying conditions–such as HIV/AIDS, Crohn’s disease, Lou Gehrig’s disease, PTSD, arthritis, and more–can obtain a medical marijuana permit from their doctors. If the recently introduced law passes a vote by the House of Representatives, 14 more qualifying conditions would be added to the existing list. This would include patients who suffer from substance abuse disorders.

The bill, which is sponsored by Sen. Cisco McSorley (D-Albuquerque), would also expand the number of marijuana plants that growers are allowed to cultivate once the number of registered patients state-wide reaches 35,000. There are currently roughly 32,000 patients registered with New Mexico’s medical marijuana program; growers are only permitted to grow 450 plants each.

Visitors who are enrolled in other state medical marijuana programs would be able to purchase cannabis in New Mexico as well under the new provisions.

Following last November’s election, 28 states have legalized marijuana in some form. As Law Street previously reported, New Mexico is also in the running to become the next state to legalize recreational marijuana. A few weeks ago, lawmakers in New Mexico’s House and Senate introduced bills to regulate and tax recreational marijuana.

In 2016, three separate pieces of legislation involving recreational marijuana were introduced to the state’s legislature. One was passed by two Senate committees before being narrowly defeated on the Senate floor. But if public opinion is any indication of where a state stands on a certain issue, then recent polls in New Mexico seem to point to a sunny future for marijuana supporters in the state. According to one recent poll, 61 percent of people in New Mexico said they supported full legalization.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Jeff Sessions Signals Marijuana Enforcement Will Remain the Same https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/jeff-sessions-marijuana-enforcement/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/jeff-sessions-marijuana-enforcement/#respond Tue, 14 Feb 2017 15:41:47 +0000 https://lawstreetmedia.com/?p=58893

Marijuana advocates might be able to breathe a small sigh of relief.

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Image Courtesy of Ryan J. Reilly; License: (CC BY 2.0)

Marijuana advocates have been worried for months about the recently confirmed Attorney General Jeff Sessions. He once said “good people don’t smoke marijuana,” and he has joked that he thought the Ku Klux Klan “were OK until I found out they smoked pot.” But last week, Sessions spoke with Sacramento County Sheriff Scott Jones, and may have finally hinted at how he might enforce the federal marijuana ban as attorney general.

“Regarding the prioritization of federal resources to combat marijuana, he didn’t see the federal government getting involved in marijuana use or low-level state, what are traditionally state and local crimes, but, I don’t think he ruled out the possibility of the federal government getting involved in larger-scale operations,” Jones said.

If what Jones said is to be taken as Sessions’ stance on enforcing marijuana laws at the state-level, then not much would change. President Barack Obama routinely cracked down on medical marijuana dispensaries and growers, even ones in states that legalized the drug. During Obama’s first three years in office, the Justice Department conducted over 100 raids.

Despite a history of anti-marijuana comments, Sessions has stayed consistent when asked about how he will enforce the federal marijuana ban as attorney general. In his hearing last month, Sen. Patrick Leahy (D-VT) asked Sessions how he would handle marijuana enforcement. “I won’t commit to never enforcing federal law,” he responded, “but absolutely it’s a problem of resources for the federal government.”

As more and more states legalize pot in some form–28 states and D.C. have already done so–enforcing the federal ban will become increasingly difficult. Nearly one quarter of Americans now live in a state with some form of legal marijuana, either medical or recreational. And according to a recent Gallup poll, 60 percent of Americans favor marijuana legalization, the highest rate in 47 years.

The attorney general is meant to enforce the law based on the law, not his or her own opinions. And in his hearing, Sessions swore under oath to ditch his personal viewpoints when enforcing U.S. law. “It’s not so much the attorney general’s job to decide what laws to enforce. We should do our jobs and enforce laws effectively as we’re able,” Sessions said during his hearing. “The U.S. Congress made the possession of marijuana in every state — and the distribution — an illegal act. If that’s something that’s not desired any longer, Congress should pass a law to change the rule.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Will Israel Start Exporting Medical Marijuana? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/will-israel-start-exporting-medical-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/will-israel-start-exporting-medical-marijuana/#respond Thu, 09 Feb 2017 20:31:33 +0000 https://lawstreetmedia.com/?p=58737

If a recent bill is passed, then yes.

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"Tel Aviv Jaffa" Courtesy of israeltourism; License: (CC BY-SA 2.0)

Israel is one step closer to exporting medical marijuana to countries that have legalized the drug for medical use. On Sunday, Yoav Kisch, a lawmaker from the ruling Likud party, introduced legislation that would allow Israel to export medical marijuana.

Medical marijuana is legal in Israel, but its local market isn’t exactly what you’d call a cash cow. Roughly 23,000 patients have permits to buy from the country’s nine licensed suppliers, and the market is projected to be worth between $15 million to $20 million.

“Exporting medical cannabis is pushing forward the economy and developing the agricultural sector,” Kisch said. “My bill defines for the first time the whole field of medical cannabis and allows regulating its export.”

Kisch also noted that Canada and Australia began exporting medical marijuana last year, and reaped the economic benefits. The bill, which could spend months navigating the Knesset (Israel’s lawmaking body), would likely expand Israel’s net marijuana profits. Citing recent research, Kisch said Israel stands to make over one billion NIS (or nearly $267 million) by exporting medical marijuana.

With its envelope-pushing research and relative government support for legalization, Israel is a beacon for marijuana investors around the world. As of 2016, the country had attracted roughly $100 million in investments. But it’s not just the scientists, business people, and lawmakers that place Israel at the forefront of a still nascent global industry–it’s the people.

In Tel Aviv Saturday night, thousands of Israelis showed up to encourage the Knesset to legalize recreational marijuana. Two members of parliament were also in attendance: MK Sharren Haskel of the Likud party, which is led by Prime Minister Benjamin Netanyahu, and MK Tamar Zandberg of the opposing Meretz party.

“This is a health campaign, a campaign for quality of life,” Zandberg said.

Last month, Israel’s Public Security Minister Gilad Erdan announced that he would be adopting the “Portugal Model,” in which marijuana is treated as a health issue, not a criminal offense. The new model has yet to go into effect, but a majority of lawmakers support the policy shift.

As it fully implements its decriminalization laws and aims to begin exporting medical cannabis, Israel is poised to continue breaking ground in the cannabis field.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Border Patrol Seizes Nearly 4,000 Pounds of Weed Disguised as Limes https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/weed-limes/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/weed-limes/#respond Thu, 09 Feb 2017 15:41:05 +0000 https://lawstreetmedia.com/?p=58786

Someone should really tell these smugglers what limes look like.

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"Limes" Courtesy of Steve Hopson : License (CC BY 2.0)

U.S. Customs and Border Patrol agents on the Texas-Mexico border seized nearly 4,000 pounds of marijuana disguised within a commercial shipment of key limes. Yes, limes.


According to a CBP press release, the drugs were discovered on January 30 at the Pharr International Bridge cargo facility inside of a 2001 Freightliner tractor trailer. With the help of a non-intrusive imagining system and canine team, CBP officers located 34,764 lime-shaped bundles weighing a total of 3,947 pounds.

“This is an outstanding interception of narcotics,” Port Director Efrain Solis Jr. said in a statement. “Our CBP officers continue to excel in their knowledge of smuggling techniques which allows them to intercept these kinds of attempts to introduce narcotics into our country.”

The drugs are valued at approximately $789,467.

But even with the help of imagining equipment and drug sniffing dogs, it should have been pretty obvious to the agents that these lumpy green sacks weren’t limes.

Apparently, this isn’t the first time smugglers have used fake food to hide narcotics. Last year agents confiscated 2,493 pounds of marijuana stuffed inside of pseudo-carrots entering from Mexico at the same border crossing.

So if you happen to be a drug smuggler living in Mexico with a penchant for stuffing marijuana inside fake fruits and veggies, you should seriously try a different tactic…or maybe learn what a lime actually looks like.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Cannabis in America February 2017: Which State Will Be Next to Legalize? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-monthly-update-february-6-2017/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-in-america-monthly-update-february-6-2017/#respond Mon, 06 Feb 2017 22:07:10 +0000 https://lawstreetmedia.com/?p=58691

Check out our new Cannabis in America newsletter!

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"Blackberry Kush, Indica" Courtesy of Dank Depot : License (CC BY 2.0)

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All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.


State of Weed: Watch

Maryland Lawmakers Push For Recreational Marijuana 

During a news conference last week, a trio of Democratic Maryland lawmakers said they would introduce two pieces of legislation: one to tax recreational marijuana sales, and another to regulate a legal market. The bills would regulate and tax marijuana like alcohol: use would be permitted for adults 21 and up, and it would be illegal to consume marijuana in public. Cultivators would pay a $30 per ounce excise tax, and there would be a 9 percent sales tax levied on retail products.

Will Rhode Island Reject Recreational Weed…Again?

After multiple failed attempts, Rhode Island could finally legalize recreational marijuana. State Representatives Scott Slater (D-Providence) and Joshua Miller (D-Providence) have proposed a new measure to legalize recreational marijuana for those 21 years and older. The Cannabis Regulation, Control, and Taxation Act will include mandatory product testing and labeling, restrictions on advertising, funding to law enforcement, limits on THC quantity per product, and mandatory reviews for all sale products.

Hawaii Approves First Two Medical Dispensaries 

After two years of waiting, Maui Wellness Group, d.b.a. Maui Grown Therapies, and Aloha Green Holdings on Oahu have been given the green light from the Hawaii State Department of Health to begin growing medical marijuana. The state legalized dispensaries in 2015, and sales were originally set to begin in July 2016. However, growers were still waiting on a seed-to-sale tracking system to be implemented, which stalled the approval.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”


Law Street Cannabis Coverage

Recreational Marijuana is Officially Legal in Maine

By Alec Siegel

After nearly three months of being suspended in legislative limbo, Maine’s recreational marijuana bill officially went into effect on January 30. People 21 and older can now possess up to two and a half ounces of cannabis; they can also grow up to six mature plants, and 12 immature plants. But after Governor Paul LePage signed a moratorium on January 27, retail sales of marijuana will be frozen until February 2018, giving lawmakers time to close any loopholes that appeared in the original legalization measure.

Will New Mexico Legalize Recreational Marijuana Next?

By Alexis Evans

After several failed attempts, experts point to New Mexico as the next possible state to legalize recreational marijuana. Lawmakers are expected to introduce a new bill that would help rebound the state’s lackluster economy with the help of marijuana tax revenue. On January 25, sponsors in both the house and senate announced their proposals for parallel marijuana bills that would include a 15 percent tax on sales.

Israeli Government Will Pay $2 Million to Fund Medical Cannabis Research

By Alec Siegel

Israel’s Ministries of Agriculture and Health announced that they will be collaborating to pour over $2 million in state funds into medical cannabis research. It is the first collaborative effort between the two departments. The cash infusion is projected to fund 13 studies, which range from developing new medical cannabis strands to investigating the plant’s effects on multiple sclerosis.


Three Questions: Exclusive Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace. First up: Jackie Subeck. 

Subeck is the CEO of cannabis lifestyle brand Hey Jackpot, and the Vice Chair of the Women Grow Los Angeles chapter. In November, California passed a ballot measure to legalize recreational marijuana.  Alec Siegel spoke with Subeck to learn more about 2017 becoming “the year of local” cannabis. The following conversation has been edited and condensed for clarity.

AS: What attracted you to work in cannabis advocacy?

JS: [Cannabis] is such a fantastic plant, [with] what this plant is capable of doing worldwide to help humankind; I just wanted to learn more about that. My part is to get that information out there, spread the message, and work toward making it legal. I don’t believe in prohibition.

AS: How will Prop 64 (California’s marijuana legalization measure that was passed in November) impact your work with Women Grow Los Angeles?

JS: I’ll spend more time educating people, and now that [Prop 64] passed, I’m able to learn what people are stuck on, what they’re confused about, and what things are going to be really important moving forward when we talk about implementation of the law.

AS: What’s next for cannabis in California?

JS: 2017 is the year of local, where 2016 was the year of the state. Now that things are passed in the state, the localities have to get in the game and start fixing up their city laws, writing ordinances, and figuring out reforms that make sense to them to work for them. It’s really important that we get the implementation right.


Cannabis Culture

Two-Thirds of Cops Support Legalizing Marijuana in Some Form

By Alexis Evans

Like most Americans, a majority of police officers think that marijuana laws should be relaxed, according to a new survey from the Pew Research Center. Find out more here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Will Maryland be the Next State to Legalize Recreational Marijuana? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maryland-marijuana-legalization-bill/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maryland-marijuana-legalization-bill/#respond Wed, 01 Feb 2017 15:23:21 +0000 https://lawstreetmedia.com/?p=58555

Some think the state needs to iron out its medical program first.

The post Will Maryland be the Next State to Legalize Recreational Marijuana? appeared first on Law Street.

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Image Courtesy of Brant Kelly; License: (CC BY 2.0)

Maryland might be the next state to legalize recreational marijuana. During a news conference on Monday, a trio of Democratic lawmakers said they would introduce two pieces of legislation: one to tax recreational marijuana sales, and another to regulate a legal market. But some Maryland Democrats would like to see the state iron out its medical marijuana program before tackling recreational use.

The bills propose regulating and taxing marijuana like alcohol is regulated and taxed: use would be permitted for adults 21 and up, and it would be illegal to consume marijuana in public. Cultivators would pay a $30 per ounce excise tax, and there would be a nine percent sales tax levied on retail products.

“This legislation will effectively end the failed policy of cannabis prohibition in Maryland and replace it with a much more sensible system,” said Sen. Richard Madaleno (D-Montgomery), one of the sponsors of the bills. “It establishes a thoughtful regulatory scheme and tax structure based on best practices and lessons learned from other states.”

The proposed regulatory framework is modeled after Colorado, which legalized recreational marijuana in 2012. Revenue from the taxes would funnel into community school programs, substance abuse treatment and prevention programs, and workforce development programs. Maryland has been slowly creeping toward full legalization since 2013, when the state legalized medical marijuana.

The state’s medical program was deliberated on for nearly three years: permits were finally issued to growers, processors, and dispensaries in 2016. But after lawsuits and complaints about how the permits were issued, medical marijuana patients in Maryland will not have access to the drug until sometime this year. Until the medical program is fully implemented, some lawmakers and activists say, recreational legislation should not be put forward.

“We need to get the medical marijuana program up and running before we move to full-blown legalization,” Del. Cheryl D. Glenn (D-Baltimore) told The Washington Post. But according to a poll from last fall, most Marylanders (61 percent) support legalizing recreational marijuana, up from 49 percent in 2014.

Del. David Moon (D-Montgomery) is introducing separate legislation that would allow voters in 2018 to determine if the state’s constitution should be changed to legalize marijuana. In order to end up on the 2018 ballot, a constitutional amendment would need to garner a two-thirds majority vote in the legislature. Moon is confident that, somehow, Maryland will legalize recreational marijuana. “You can smell the inevitability of this in the air,” he said.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Recreational Marijuana is Officially Legal in Maine https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maine-officially-legalizes-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/maine-officially-legalizes-marijuana/#respond Mon, 30 Jan 2017 22:10:04 +0000 https://lawstreetmedia.com/?p=58532

But retail sales will not begin until next year.

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"Maine's State House" Courtesy of Jim Bowen; License: (CC BY 2.0)

After nearly three months of being suspended in legislative limbo, Maine’s recreational marijuana bill officially went into effect on Monday. People 21 and older can now possess up to two and a half ounces of cannabis; they can also grow up to six mature plants, and 12 immature plants. But after Governor Paul LePage signed a moratorium on Friday, retail sales of marijuana will be frozen until February 2018, giving lawmakers time to close any loopholes that appeared in the original legalization measure.

Because Question 1 passed by a slim margin–about 4,000 votes–in November, a group opposing legalization requested a recount in early December. A few weeks later, the recount effort was dropped. “We are satisfied that the count and the result are accurate,” legal counsel for the opposition group said at the time.

Now that the Election Day results have been confirmed, Maine joins California, Massachusetts, and Nevada in legalizing recreational marijuana in 2016. Four other states passed ballot measures that legalized medical marijuana. Roughly one quarter of Americans now live in a state that has legal marijuana measures, either medically or recreationally, in place.

LePage, an early opponent of legalization, was able to suspend retail pot sales until early next year, but he did not succeed in adding two last-minute provisions to the moratorium bill, called “an Act To Delay the Implementation of Certain Portions of the Marijuana Legalization Act.” He requested $1.6 million to hire new staff, and to cover other implementation costs. Lawmakers in the House shot down that provision. 

LePage also wanted to transfer oversight of Question 1 from the Maine Department of Agriculture to the Bureau of Alcoholic Beverages and Lottery Operations. That provision was also shot down, but LePage signed an executive order to ensure that delegation change happens.

“However, no rules will be promulgated until the Legislature allocates money to fund the rule making process,” LePage said on Friday “I sign this bill today to protect Maine children from the dangers of marijuana.” The governor also heavily criticized Speaker of the House Sarah Gideon, a Democrat, for nixing his proposed additions to the moratorium. He said Gideon was guilty of “playing dirty politics.” 

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Will New Mexico Legalize Recreational Marijuana Next? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-mexico-legalize-marijuana-bills/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-mexico-legalize-marijuana-bills/#respond Thu, 26 Jan 2017 20:20:20 +0000 https://lawstreetmedia.com/?p=58435

Sixty-one percent of likely voters said they would support full legalization.

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"Marijuana Joint" Courtesy of Martin Alonso: License (CC BY 2.0)

After several failed attempts, experts point to New Mexico as the next possible state to legalize recreational marijuana. Lawmakers are expected to introduce a new bill that would help rebound the state’s lackluster economy with the help of marijuana tax revenue.

On Wednesday sponsors in both the house and senate announced their proposals for parallel marijuana bills that would include a 15 percent tax on sales.

According to the Albuquerque Journal, local governments would choose whether to allow marijuana sales within their jurisdictions and could collect an additional 5 percent tax, while cultivation would be allowed statewide under a proposal modeled after marijuana laws in Colorado.

Governor and former district attorney Susana Martinez, a Republican, has consistently opposed legalizing marijuana or industrial hemp production; however, supporters plan to also advance a constitutional amendment that would call for a statewide vote in 2018, sans the governor’s approval.

“We create jobs, we create economic activity, and we create revenues for the state,” Democratic Sen. Gerald Ortiz y Pino of Albuquerque told the Albuquerque Journal. “It is one way this state has, and I think one of the most promising ways, to get back on track economically.”

He plans to introduce the senate version of the bill later this week. Representatives Bill McCamley (D-Las Cruces) and Javier Martinez (D-Albuquerque) are sponsoring the house version of the legalization bill.

“If it were to be passed by the Legislature, signed by the governor, it could be operational in New Mexico in July,” Ortiz y Pino said.

In 2016, three marijuana initiatives were introduced in New Mexico that would have legalized and taxed marijuana for adult recreational use in the state. In particular, the New Mexico Use of Marijuana Revenues Amendment, also known as Senate Joint Resolution 5, would have created a constitutional amendment to allow possession and personal use. It was approved by the Senate Rules Committee and the Senate Judiciary Committee before being defeated on the senate floor, with a vote of 17-24.

According to the Albuquerque Journal, 61 percent of likely voters said they would support full legalization. With increased favorability and joint initiatives in both houses, marijuana advocates could finally see a win in the Land of Enchantment.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Israeli Government Will Pay $2 Million to Fund Medical Cannabis Research https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/israeli-medical-cannabis-research/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/israeli-medical-cannabis-research/#respond Wed, 25 Jan 2017 19:16:31 +0000 https://lawstreetmedia.com/?p=58389

Israel is a global leader in medical cannabis research.

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Israel’s Ministries of Agriculture and Health announced Monday that they will be collaborating to pour over $2 million in state funds into medical cannabis research. It is the first collaborative effort between the two departments. The cash infusion is projected to fund 13 studies, which range from developing new medical cannabis strands to investigating the plant’s effects on multiple sclerosis.

Israel, which greatly expanded its legal medical marijuana program last summer, is one of the world’s leading innovators in marijuana research. In fact, it was an Israeli professor, Raphael Mechoulam, who first discovered marijuana’s active ingredient, THC, in 1964. Today, Israel is a beacon of light for the global mission to further investigate the medical properties of the drug. Marijuana research in many countries–including the U.S., aside from a few exceptions–is barred.

In the U.S., 29 states and the District of Columbia have legalized marijuana in some form, either recreationally or medically. At the federal level, however, the drug is illegal and is classified as a Schedule I substance, which effectively means it cannot be used in scientific trials. Even though recreational marijuana use and possession is barred in Israel, the tiny country has made large strides in its medical program.

Last year, Israel drastically loosened its medical marijuana laws. More doctors could fill cannabis prescriptions. Limits on the number of marijuana growers were lifted. And cannabis could be sold at approved pharmacies. Now, as Israel’s number of medical marijuana patients hits 25,000, the government is looking for more ways to fill the international gap in marijuana research. Israel is even exploring ways to export its medical marijuana as a prescription medication to pharmacies around the world.

The 13 studies will have a number of biochemical and medical goals, including researching the effects of cannabis on vision, and if marijuana use can lead to colon cancer. There will also be studies into increasing crop yield. Developing new technologies for irrigating and fertilizing cannabis plants is another stated goal. Drug companies, universities, research institutes, and hospitals will conduct the research, which is expected to last five years. Uri Ariel, the Minister of Agriculture, said: “The program shows that agriculture is important in all aspects of life.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Canadian Cities are Preparing for Recreational Marijuana Legalization https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/canadian-cities/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/canadian-cities/#respond Tue, 24 Jan 2017 14:30:08 +0000 https://lawstreetmedia.com/?p=58352

Parliament is expected to consider a legalization bill this spring.

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This spring, Canada’s Parliament is expected to consider a recreational marijuana legalization measure. At the top of the new year, cities in Alberta and British Columbia are bracing for the impact of legal marijuana, and the effects it could have on the workplace and in communities, by considering a slew of legislative responses.

In Edmonton, Alberta, the Chamber of Commerce is pursuing policy ideas that would help workplaces adapt to a legal marijuana market across Canada. Janet Riopel, CEO of the Edmonton Chamber of Commerce, which represents 2,400 businesses, told CBC that “employers have said marijuana use is inconsistent with safe work places.” She added: “employers want to know what employees’ rights are. Because employees have a right to a safe working environment.”

According to Edmonton City Councilor Mike Nickel, the move is meant to prepare for the inevitable legalization, rather than react to the federal government. “When we are trying to play catch up, that’s when the negative effects of any kind of policy tend to hit the streets first,” he said. “And with the potential legalization of marijuana, it’s clear we want to get in front of this issue, not behind it.”

In Richmond, British Columbia, city officials are working on legislation to prohibit marijuana dispensaries, even when marijuana is allowed to be sold in a legal storefront. The Richmond City Council is looking at a bylaw that would effectively bar dispensaries in the town. “Legalization doesn’t mean to say we have to follow suit,” Councilman Bill McNulty told The Globe and Mail.

Last spring, government officials, including Prime Minister Justin Trudeau, signaled that Canada will be looking at legalization measures sooner rather than later. At the United Nations last April, Canadian Health Minister Jane Philpott called for “drug policy that is informed by solid scientific evidence and uses a lens of public health to maximize education and minimize harm.”

Philpott added: “Our approach to drugs must be comprehensive, collaborative and compassionate. It must respect human rights while promoting shared responsibility. And it must have a firm scientific foundation.” In December, a government task force released its findings about how Canada’s marijuana market should be regulated. It recommended creating a 30 gram possession limit, and a minimum purchasing age of 18.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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National Academy of Sciences Releases Report on Marijuana’s Health Effects https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuanas-health-effects/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/marijuanas-health-effects/#respond Wed, 18 Jan 2017 22:27:48 +0000 https://lawstreetmedia.com/?p=58242

They also called on the government to reclassify the drug.

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A report released last week by the National Academies of Sciences, Engineering, and Medicine detailed nearly 100 conclusions on marijuana’s health effects and the consumption of cannabis-derived substances. The conclusions were based on abstracts from 100,000 previous studies. The report’s conclusions touched on marijuana’s effects on a number of illnesses and maladies, from cancer to mental health to therapeutic efforts like pain relief. The report also called on the federal government to remove cannabis from its list of Schedule I drugs, which, it said, stifles deeper research into the substance.

“We conducted an in-depth and broad review of the most recent research to establish firmly what the science says and to highlight areas that still need further examination,” said Marie McCormick, chair of the National Academies of Sciences, Engineering, and Medicine. “As laws and policies continue to change, research must also.” 

The report’s findings were classified by the strength of the evidence found, ranging from conclusive to insufficient. Among the report’s conclusive findings was that smoking marijuana can help alleviate pain, but can also lead to an increased risk of “motor vehicle crashes.” There is also substantial evidence, according to the report, that marijuana use leads to a higher risk of schizophrenia, particularly among frequent users.

Unlike tobacco, the report concluded that there is scant evidence that smoking marijuana leads to an increased cancer risk. It also did not find conclusive evidence to support the argument that marijuana is a gateway drug to more dangerous and deadly substances. “However, the committee found moderate evidence to suggest that there is a link between cannabis use and the development of substance dependence and/or a substance abuse disorder for substances including alcohol, tobacco, and other illicit drugs,” the report found.

In addition to its empirical findings, the report’s authors called on the Drug Enforcement Administration (DEA) to reclassify marijuana. Last summer, the DEA affirmed its classification of marijuana as a Schedule I drug in a letter from its chief to a trio of governors who petitioned for the drug to be reclassified. “[Marijuana] does not have a currently accepted medical use in treatment in the United States, there is a lack of accepted safety for its use under medical supervision, and it has a high potential for abuse,” DEA Chief Chuck Rosenberg wrote.

But the report last week from the National Academies of Sciences, Engineering, and Medicine, a nonprofit group that includes 300 Nobel laureates, found that there are “several challenges and barriers in conducting [marijuana] research.” The authors added“For instance, specific regulatory barriers, including the classification of cannabis as a Schedule I substance, impede the advancement of research.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Air Force Relaxes Marijuana Restrictions for Recruits https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/air-force-relaxes-marijuana-restrictions/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/air-force-relaxes-marijuana-restrictions/#respond Tue, 17 Jan 2017 20:42:15 +0000 https://lawstreetmedia.com/?p=58204

However, smoking pot on the job remains strictly forbidden.

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Last week the Air Force relaxed its rules for recruits who have used marijuana prior to their enlistment. The changes also include more leniency for recruits with ADHD, eczema, and asthma, which will now be examined on a case-by-case basis. The rule changes signify a traditional institution adapting to an America that is slowly and steadily legalizing marijuana at the state level.

“As medical capabilities have improved and laws have changed, the Air Force is evolving so we are able to access more worldwide deployable Airmen to conduct the business of our nation,” Air Force Chief of Staff Gen. David Goldfein said in a statement.

Before the changes, Air Force recruits were asked in an interview if they had smoked marijuana at some point in the last few days, weeks, or months. Questions about a recruit’s past marijuana use varied, and the time periods asked about were inconsistent. Now, with the rule changes, previous pot use is not a disqualifying factor for enlistment. Marijuana use for active recruits, however, remains strictly forbidden.

The rule changes follow a year-long review of Air Force practices by Air Force Secretary Deborah Lee James. “In this instance, we identified specific changes we can make to allow more members of our nation to serve without compromising quality,” she said in a statement. The change in policy represents the branch’s response to changing social norms that are sweeping the country.

Last November, eight states legalized marijuana, either recreationally or medically. Florida and California, states with a high number of military recruits, passed ballot measures to legalize medical and recreational marijuana respectively. The drug remains banned at the federal level, but public opinion and state-level legislation is slowly tipping in favor of full legalization. One-quarter of Americans now live in a state with some form of marijuana legalization measures in place.

And now, as long as a recruit does not use the drug while in service, previous use is not a disqualifying factor. Officials with the Air Force hope these changes will widen their ranks. “These changes allow the Air Force to aggressively recruit talented and capable Americans who until now might not have been able to serve our country in uniform,” said Chief Master Sgt. of the Air Force James A. Cody.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Two-Thirds of Cops Support Legalizing Marijuana in Some Form https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cops-legalizing-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cops-legalizing-marijuana/#respond Fri, 13 Jan 2017 15:30:46 +0000 https://lawstreetmedia.com/?p=58154

Only 30 percent said that weed should not be legal at all.

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Like most Americans, a majority of police officers think that marijuana laws should be relaxed, according to a new survey published Wednesday.

A Pew Research Center survey of nearly 8,000 policemen and women shows that 68 percent of cops favored relaxing marijuana laws in some form, with 32 percent saying that it should be legalized for both recreational and medical use. Only 30 percent said that weed should not be legal at all.

Participating law enforcement were less enthusiastic about marijuana legalization than the general public–84 percent said that marijuana laws should be relaxed. Only 15 percent of the public think that weed should remain illegal.

This data comes after eight states voted to legalize recreational marijuana in 2016. However, marijuana is still listed as a Schedule I drug under federal law–the same classification used for hard drugs like heroin, crack cocaine, LSD, and MDMA. Marijuana has not been linked to any overdose deaths, and its properties have been found to help alleviate the symptoms of terminal illnesses and diseases such as HIV/AIDS, cancer, Alzheimer’s, and epilepsy.

Under the Trump administration, the future of marijuana policy is unclear. The momentum propelling legalization efforts could suddenly halt if Sen. Jeff Sessions (R-AL), Trump’s pick for Attorney General, chooses to enforce federal marijuana laws.

During his confirmation hearing on Tuesday, Sessions said he wouldn’t commit to never enforcing federal law for medical marijuana use. He was asked if he would use federal resources to investigate and prosecute sick people who are using marijuana in accordance with their state laws.

“Using good judgment about how to handle these cases will be a responsibility of mine. I know it won’t be an easy decision, but I will try to do my duty in a fair and just way,” said Sessions.

Even though marijuana’s immediate future remains unclear, the clear consensus emerging from the American public, and now cops, favors the relaxation of marijuana laws.

These findings come from an online poll of a nationally representative sample of 7,917 officers working in 54 police and sheriff’s departments administered between May 19-August 14, 2016.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Councilman David Grosso Proposes Bill to Tax and Regulate Marijuana in D.C. https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/david-grosso-marijuana-dc/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/david-grosso-marijuana-dc/#respond Wed, 11 Jan 2017 19:43:30 +0000 https://lawstreetmedia.com/?p=58104

He is well aware his proposal is flouting Congress.

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District of Columbia Councilman David Grosso is determined to institute a regulated marketplace for legal marijuana in the nation’s capital. For the third time in just over three years, Grosso, an at-large councilmember, introduced a bill to tax and regulate cannabis sales in D.C. on Tuesday. The Marijuana Legalization and Regulation Act of 2017 was co-introduced by two other D.C. councilmembers, Robert White and Brianne Nadeau.

D.C. is “in limbo status where [cannabis] is legal but it’s not legal, and I would love for us to get to a point where it’s regulated like alcohol,” Grosso told Law Street. Grosso, who proposed a similar bill in September 2013, and again in January 2015, said that as a member of D.C.’s legislative body, he has a responsibility to propose legislation that benefits his constituents and the city as a whole.

In November 2014, nearly 70 percent of D.C. residents voted for Initiative 71, which legalized the possession of marijuana in the city. The initiative legalized possession of up to two ounces of marijuana for people 21 and up. It also allowed people to gift, for no compensation, up to one ounce of marijuana. When the legalization initiative passed, Congress included language in the city’s budget that blocked it from regulating the sale of marijuana, making it markedly different from states like Colorado and Oregon that have legalized the sale of recreational marijuana in dispensaries.

This time around, many of Grosso’s colleagues declined to co-sign the bill, possibly deterred by a letter Congress sent two years ago, which explicitly stated that proposing marijuana legalization measures is a violation of federal law. That letter, Grosso said, nixed any chance of a hearing on the bill two years ago; there will likely be no hearing this year either.

Grosso is well aware that by proposing further marijuana legislation, he is flouting Congress. “I recognize that by introducing [the bill] is some level of infraction of the mandate that says don’t do it,” he said. “At the same time I’m not worried about that.” By proposing the legislation, Grosso is violating the federal Antideficiency Act, which prohibits federal employees from appropriating funds that have not been authorized.

But that law, Grosso said, has never been enforced. What if Congress did decide to enforce it? “I would frankly welcome that,” he said, adding that it “would bring attention to the situation… and [show] that Congress is the overlord of the District of Columbia.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Pro-Marijuana Group Gives Jeff Sessions an Earful Before Confirmation Hearing https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/pro-marijuana-group-jeff-sessions/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/pro-marijuana-group-jeff-sessions/#respond Tue, 10 Jan 2017 14:25:11 +0000 https://lawstreetmedia.com/?p=58048

They're not happy.

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Senator Jeff Sessions (R-AL), President-elect Donald Trump’s nominee for attorney general, will face the Senate in a confirmation hearing on Tuesday. In an effort spearheaded by the National Organization for the Reform of Marijuana Laws (NORML), pro-marijuana groups are asking supporters to call their senators on Monday, and let them know that they will not stand for any aggressive enforcement actions taken by Sessions, who once said “good people don’t smoke marijuana.”

“Senator Sessions’ views are out of step with mainstream America and they are in conflict with laws throughout a majority of states,” said NORML Executive Director Erik Altieri in a statement. “We must demand that Senators on the Judiciary Committee ask this nominee whether he intends to respect the will of the voters in these states and whether he truly believes that no ‘good people’ have ever smoked pot.” The “Day of Action” included the Twitter campaign #JustSayNoToSessions:

Since Trump’s announcement in November, Sessions has come under fire for disparaging comments he has made in the past in regard to marijuana. In the 1980s, while serving as a U.S. Attorney for the Southern District of Alabama, Sessions said he thought the Ku Klux Klan “were OK until I found out they smoked pot.” He later said those remarks were a joke. Sessions has also called marijuana reform “a tragic mistake.”

Marijuana laws around the country are loosening: more than a quarter of all Americans live in a state with either recreational or medical marijuana legalized. Most recently, on Election Day, eight states passed ballot measures to legalize recreational or medical marijuana. But at the federal level, marijuana remains an illegal substance, classified in the same group as heroin and LSD.

Eric Holder and Loretta Lynch, the attorney general under President Barack Obama, did not aggressively enforce the federal marijuana ban at the state level. But now, as Sessions prepares to lead the Justice Department, marijuana proponents worry that he could order raids on growing facilities, and arrest dispensary owners in the name of the federal ban. While he has not made any mention of how he might enforce the federal law in regard to marijuana, Sessions will have power to clamp down if he wishes.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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UK Officially Classifies CBD Oil as a Medicinal Ingredient https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uk-cbd-oil-medicinal/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/uk-cbd-oil-medicinal/#respond Thu, 05 Jan 2017 19:26:41 +0000 https://lawstreetmedia.com/?p=57976

Could medical marijuana be in the nation's future?

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A popular cannabis-based ingredient has officially been classified as medicine in the UK, after healthcare officials scrutinized claims speaking to its effectiveness. The Medicines & Healthcare products Regulatory Agency (MHRA) announced earlier this week the addition of cannabidiol, or CBD oil, to its list of medicines after reviewing several manufacturing companies’ “overt medicinal claims” that the product provides relief for patients.

Gerald Heddel, director of inspection and enforcement at the agency, told Sky News:

The change really came about with us offering an opinion that CBD is in fact a medicine, and that opinion was based on the fact that we noted that people were making some quite stark claims about serious diseases that could be treated with CBD.

CBD, unlike THC, is a non-psychoactive natural component of marijuana that contains various medical properties, making it an anticonvulsant, antipsychotic, anti-inflammatory, antiemetic, anti-oxidant, anti-depressant, and anti-tumoral. It can be used to treat  a number of medical conditions including epilepsy, ALS, schizophrenia, Parkinson’s disease, and chronic pain. CBD can also be used reduce the intoxicating effects of THC, such as memory impairment and paranoia.

MHRA reversed its stance on CBD just a few month after sending cease and desist letters to CBD producers across the UK. The governmental agency released an assessment that stated:

The MHRA has now completed it’s review and has considered all information available to it relating to Cannabidiol (CBD) and having taken into account all the scientific advice and evidence, it has come to an opinion that products containing Cannabidiol will satisfy the second limb of the definition of a ‘medicinal product’ because it may be used by or administered to human beings either with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.

This is the first time a form of cannabis has been seen as medically beneficial to the UK’s government, which could mean a legitimate medical marijuana industry is in the country’s future.

In December, the U.S. reclassified CBD oil as a Schedule 1 Drug under federal law in an effort to track quantities of CBD and other marijuana extracts imported and exported to and from the U.S. separately from quantities of marijuana.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Cannabis Group to Hand Out Thousands of Free Joints on Inauguration Day https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-free-joints-inauguration/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cannabis-free-joints-inauguration/#respond Wed, 04 Jan 2017 21:48:41 +0000 https://lawstreetmedia.com/?p=57974

4,200 joints will be handed out as protesters march to the National Mall.

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For the thousands of people planning to flood the National Mall on Inauguration Day, to cheer or to jeer, a D.C.-based group has an idea to ease the potentially tense atmosphere: free marijuana joints. The D.C. Cannabis Coalition, an activist organization in a city where recreational marijuana is (mostly) legal, will be handing out thousands of joints on the morning of January 20. On the west side of Dupont Circle, the group will hand out coffee and tea, and at 10 a.m., begin to march south toward the National Mall, handing out joints along the way.

The group has a cache of 4,200 joints, and at 4 minutes and 20 seconds into Trump’s speech, marchers are encouraged to light their joints.”The main message is it’s time to legalize cannabis at the federal level,” said Adam Eidinger, the founder of DCMJ, a DC Cannabis Coalition partner and the group that drafted the initiative that legalized recreational pot in the capital.

Eidinger acknowledged that protesters would be breaking the law if they smoked in public, and on federal land, but he encouraged it as “a form of civil disobedience.” He said: “I think it’s a good protest. If someone wants to do it, they are risking arrest, but it’s a protest and you know what, the National Mall is a place for protest.”

Eidinger said the protest was welcome to Trump supporters and opponents alike, and is aimed more at pushing to recognize marijuana as a legal substance at the federal level than anything else. Cannabis, though legal in some form in a majority of states and D.C., is banned by the federal government. And DCMJ is no fan of Trump’s appointee for attorney general, Jeff Sessions.

In late November, when Trump announced Sessions as his choice for attorney general, DCMJ called the former Alabama senator “one of the biggest prohibitionists in Congress.” The group added: “We can’t idly sit by and watch all the hard work we’ve done to legalize cannabis in DC be eroded by an out of touch prohibitionist!” But the joint giveaway is not all about protesting Sessions, or Trump, or the federal marijuana ban. “This is really a gift for people who come to Washington, D.C.,” Eidinger said.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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South Carolina Lawmaker Introduces Medical Marijuana Bill https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/south-carolina-medical-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/south-carolina-medical-marijuana/#respond Fri, 30 Dec 2016 20:18:10 +0000 https://lawstreetmedia.com/?p=57923

Seventy-eight percent of South Carolinians support medical marijuana.

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Next year could be the year that South Carolina establishes a legal medical marijuana program. Representative Todd Rutherford, a Democrat, recently pre-filed the “Put Patients First Act,” or H. 3128, which would allow people suffering from certain diseases to be prescribed medical cannabis by their doctors.

H. 3128 would permit marijuana to be provided to patients with cancer, glaucoma, HIV/AIDS, and potentially other medical conditions such as cachexia, severe pain or nausea, seizures, and muscle spasms. Patients could possess up to two ounces of marijuana and, while waiting for dispensaries to open, could grow up to six plants in their homes.

The most recent legal movement for marijuana in South Carolina came in 2014, when the state passed a bill that permitted hemp farms, and allowed children to use cannabidiol for medical trials. But the last time the state legislature took up a medical marijuana proposal was in 2007; that bill failed to pass.

“The time has come to put aside archaic misconceptions of medical marijuana and put patients first,” Rutherford said in a statement to Columbia-based news outlet WLTX. “I hear devastating stories every single day from people who are battling epilepsy or suffering from a brain tumor who desperately need medical marijuana to treat the debilitating symptoms.”

Rutherford pre-filed another medical marijuana bill, House Bill 3162, which would allow veterans with post-traumatic stress disorder to use marijuana. In order to reach a House vote, both bills would need to pass a committee vote. If the House passes the bills, they would move to the Senate, and finally, to the governor’s desk.

Cannabis remains illegal in much of the South, save for Florida, which passed a medical marijuana bill on Election Day, and Louisiana. The legalization flurry on November 8, when eight states legalized marijuana in some form, passed over South Carolina. And as 2016 comes to a close, more than a quarter of Americans live in a state where pot is at least medically available.

South Carolina, if Rutherford’s bill can garner enough traction and support, could join the legion of states whose marijuana laws are rapidly changing. South Carolinians are ready for a change in the law: in a poll conducted in October, 78 percent said they support medical marijuana.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Arizona Medical Marijuana Patients Granted DUI Defense Options https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/arizona-medical-marijuana-dui/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/arizona-medical-marijuana-dui/#respond Thu, 29 Dec 2016 15:08:49 +0000 http://lawstreetmedia.com/?p=57863

Prosecutors must prove individuals were actually impaired.

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Arizona medical marijuana cardholders now have a better ability to defend themselves if they are charged with a marijuana DUI. The Arizona State Court of Appeals ruled that prosecutors must present sufficient evidence that an individual was actually impaired at the time of the arrest.

The ruling overturned a man’s marijuana  conviction, after the defense argued he should have been able to present evidence that he wasn’t impaired. Nadir Ishak was pulled over by police in 2013 after he was seen drifting into another lane. According to the officer, Ishak admitted that he had smoked marijuana earlier that morning and was exhibiting body and eye tremors during the test. Ishak was acquitted of the charge of driving under the influence but convicted for driving with marijuana in his body. However, the judge determined there wasn’t enough evidence to support that conviction.

“[A]ccording to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,” appellate Judge Diane Johnsen wrote.

The appeals judge determined that defendants can defend a conviction “through cross-examination of prosecution witnesses or by providing their own testimony and evidence on whether they were impaired.”

According to the Associated Press, the ruling was made possible thanks to a 2015 Arizona Supreme Court decision that determined patients could use their medical marijuana cards as a defense, but not as immunity. Cardholders can try to prove that they didn’t have enough THC, marijuana’s major psychoactive component, in their system to impair their ability to operate the vehicle safety.

This decision is seen as a major setback for prosecutors since Arizona, unlike some other states, has no laws outlining the legal limit of THC that may be absorbed in the blood before an individual is determined to be impaired.

While this decision doesn’t mean medical marijuana cardholders cannot be convicted of DUIs, it does grant users more freedom in protecting their right to a prescription. Patients must decide for themselves if medicating with  cannabis before driving is worth the risk of a potential arrest.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Study: Medical Marijuana Laws Linked to Drops in Traffic Fatalities https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/medical-marijuana-traffic-fatalities/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/medical-marijuana-traffic-fatalities/#respond Thu, 22 Dec 2016 21:46:54 +0000 http://lawstreetmedia.com/?p=57776

Younger drivers experienced the biggest decline.

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"Drive" Courtesy of Chase Elliott Clark : License (CC BY 2.0)

States with medical marijuana laws have fewer traffic fatalities than those without, especially among younger drivers, says a new study.

Researchers at Columbia University’s Mailman School of Public Health found on average an 11 percent reduction in traffic fatalities when examining places that have enacted medical-marijuana laws–in total, 28 states and the District of Columbia.

There was also a strong correlation between the presence of medical marijuana dispensaries and fewer traffic fatalities, claimed the study, which was published in the American Journal of Public Health.

The presence of medical marijuana laws seemed to have the biggest effect on the number of traffic fatalities for individuals between the ages of 15 and 44, with special emphasis on those aged 25 to 44 years.

Dr, Silvia Martins, a physician and associate professor who was a senior author of the study, told the Washington Post that the lower traffic fatality rates could be related to lower levels of alcohol-impaired driving as people–especially younger people–substitute weed for booze.

“We found evidence that states with the marijuana laws in place compared with those which did not, reported, on average, lower rates of drivers endorsing driving after having too many drinks,” Martins said in a written statement.

However, not every state experienced a substantial reduction in traffic fatalities. California and New Mexico, for example, both experienced gradual increases in traffic deaths after initial reductions of 16 percent and 17.5 percent, respectively.

“These findings provide evidence of the heterogeneity of medical marijuana laws and indicate the need for further research on the particularities of implementing the laws at the local level,” said Julian Santaella-Tenorio, a doctoral student in epidemiology at Columbia, and the study’s lead author. “It also indicates an interaction of medical marijuana laws with other aspects, such as stronger police enforcement, that may influence traffic fatality rates.”

While medical marijuana laws have seemingly influenced these rates, they may not be the sole factor driving the change.

According to Martins, other factors that might help explain the correlation could be the “strength of public health laws related to driving, infrastructure characteristics, or the quality of health care systems.”

Researchers used National Highway Traffic Safety Administration data on traffic fatalities from 1985 to 2014 to conduct the study. Factors such as whether the states had graduated driver licensing laws, as well as median household income, unemployment rates, laws increasing the speed limit to 70 mph or more, laws on enforcing the use of seat belts, and bans on using cellphones and texting while driving were all taken into account.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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As Drug Violence Rises, Copenhagen Pushes Legal Cannabis Proposal https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/copenhagen-legal-cannabis-proposal/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/copenhagen-legal-cannabis-proposal/#respond Wed, 21 Dec 2016 18:19:28 +0000 http://lawstreetmedia.com/?p=57737

Some lawmakers hope legalizing the drug will help stem the violence.

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"Christiania" Courtesy of Kieran Lynam; License: (CC BY 2.0)

Officials in Copenhagen are set to propose a marijuana-legalization measure to Danish authorities on Thursday, in response to a rise in drug-related crime. Copenhagen officials have attempted to lift the cannabis ban in the city three times before, most recently in 2014. The Danish government has rejected all three previous proposals.

Copenhagen Mayor Frank Jensen is backing the proposal, which needs a majority of Copenhagen City Council members’ support to reach the national health and justice ministers for review. If the national government passes the proposal, cannabis would be legally sold in Copenhagen, and sales would be exclusively handled by city officials. Efforts to push the proposal came from a bi-partisan coalition between the Red-Green Alliance, a left-leaning party, and the libertarian-leaning Liberal Alliance.

Lawmakers from these two parties say creating a legal, regulated market for marijuana is an important step toward combating rising drug-related gang activity in Copenhagen. “The past months have seen an intensification in the fight between gangs to dominate the lucrative and illegal market,” Liberal Alliance council member Heidi Wang told the Danish broadcaster DR. “That causes insecurity for residents.”

One recent episode in the city spurred residents to destroy marijuana stalls in an area known as Christiania. A sort of hippie commune established in the early 1970s, Christiania is famous for its freewheeling, bohemian spirit–and its pot hawkers. In September, a marijuana dealer shot two police officers and a bystander, and in the days that followed, residents dismantled a number of the pot stalls in an area of Christiania called “Pusher Street.”

But in November, the Danish government took a small step toward liberalizing its marijuana laws, when it approved a four-year medical marijuana trial program, which will allow for a narrowly-defined group of patients to use marijuana for medical purposes. Danish citizens however, feel differently about marijuana than the government. Recent polls found 88 percent of Danes support legalizing medical cannabis, and just over half support legalizing cannabis in any form.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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How Does Secondhand Marijuana Smoke Affect Children? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/secondhand-marijuana-smoke-children/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/secondhand-marijuana-smoke-children/#respond Tue, 20 Dec 2016 14:00:34 +0000 http://lawstreetmedia.com/?p=57711

But THC's effects on children have not been widely studied.

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A new study found that children who are exposed to marijuana smoke are more likely to absorb THC which, the doctors conducting the study say, can lead to an increased risk of asthma and other respiratory illnesses. The doctors expect the negative effects of secondhand marijuana smoke on children are similar to those of secondhand tobacco smoke, though there is no concrete evidence yet to back that up.

The study surveyed 43 children, from one month to two years old, in Colorado who had been hospitalized for bronchiolitis. Researchers found that overall, 16 percent of the children had traces of THC in their urine. That figure rose dramatically, to 75 percent, for children who have a parent or caretaker who smokes pot.

“This is the first study to demonstrate the presence of THC metabolites in children exposed to marijuana smoke,” the researchers of the study wrote. “While documenting the presence of metabolites of THC in children does not imply causation of disease, it does suggest that, like tobacco smoke, marijuana smoke is inhaled by children in the presence of adults who are using it.”

A separate study found that pregnant women are smoking pot at a higher rate than at least in 2002. In 2014, the study found, 3.9 percent of the women surveyed said they had smoked marijuana in the last month, higher than in 2002, when 2.4 percent of women said the same. The study found that in 2014, nearly 12 percent of pregnant women had smoked marijuana over the last year.

“If the current trends continue, with rates of use among pregnant women increasing as fast as they are in nonpregnant women, the U.S. may face a growing epidemic of prenatal marijuana use with associated consequences for maternal and child health,” said Dr. Qiana Brown, a researcher at Columbia University and a lead author of the study.

Recently, the National Institute on Drug Abuse (NIDA) issued a warning that the newborns of women who smoke pot to treat their nausea have a high risk of anemia, might have lower birth weights, and are more likely to have developmental issues. “Although more research is needed, there is strong reason to believe marijuana could be harmful to fetal development,” said NIDA Director Dr. Nora Volkow in an email to Reuters. “Women who are pregnant should avoid using marijuana, even though it might seem like a ‘natural’ solution to their nausea.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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CBD and Other Marijuana Extracts Made Illegal Under New DEA Code https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cbd-marijuana-extracts-illegal-dea/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/cbd-marijuana-extracts-illegal-dea/#respond Sat, 17 Dec 2016 14:30:16 +0000 http://lawstreetmedia.com/?p=57648

All forms of marijuana are now illegal under federal law.

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The Drug Enforcement Agency (DEA) added a new code Wednesday to its Federal Register that reclassifies CBD oil and other marijuana extracts as Schedule 1 drugs. This effectively makes all forms of marijuana illegal under federal law, sending shockwaves throughout the cannabis industry.

In the announcement titled “Establishment of a New Drug Code for Marihuana Extract,” the DEA created a new code for marijuana extract, which is defined as: “an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.’’

According to the DEA, this code will allow the agency to track quantities of CBD and other marijuana extracts imported and exported to and from the U.S. separately from quantities of marijuana.

CBD, short for cannabidiol, is a natural cannabis compound that is useful for treating a number of medical conditions including epilepsy, anxiety, schizophrenia, and chronic pain. Unlike THC, CBD does not get you high. Despite this, it is now listed under the same classification of “hard drugs” as heroin, LSD, and bath salts.

Nate Bradley, executive director of the California Cannabis Industry Association, criticized the move in an interview with Westworld. Bradley called it another example of the government neglecting modern science, saying:

It’s common knowledge that CBD has numerous medical uses, including curbing the effects of epilepsy and reducing muscle inflammation from injuries. To deny that shows a complete disregard for the facts.

The new classification has the possibility to interfere greatly with commerce in the growing medical CBD industry, leaving businesses that currently produce and sell the once-legal drug in a kind of legal limbo. It also opens up consumers and patients who rely on the non-psychoactive oil to possible criminal charges.

CBD is available nationwide, and as mentioned in our “State of Weed” coverage on marijuana legalization state by state, it is legal for select medical purposes in a number of states where neither medical nor recreational marijuana are legal.

Political commentators have speculated on the impact Senator Jeff Sessions (R-AL) could have on the cannabis industry if confirmed as Attorney General under the new Trump administration. Sessions has been an outspoken opponent of marijuana legalization, and could use his authority to enforce federal marijuana laws over state legislation.

The code will go into effect January 13, 2017.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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For Teenagers, Marijuana is Less Accessible Than Ever Before https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/teenagers-marijuana-less-accessible/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/teenagers-marijuana-less-accessible/#respond Tue, 13 Dec 2016 21:45:01 +0000 http://lawstreetmedia.com/?p=57580

Despite more and more states legalizing the drug in some form.

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Every year since 1992, the Monitoring the Future survey has asked 8th, 10th, and 12th graders how difficult it would be to procure drugs, from marijuana to meth, and how often they use them. In 2016 the survey found that, despite the growing number of states making it easier to obtain marijuana, not only is marijuana use down among teenagers, but so is its availability.

Most teens are obtaining marijuana at a lower rate than ever before, as 34.6 percent of 8th graders said pot would be “easy or very easy to get,” 2.4 percent lower than the rate in 2015. Students in 10th grade also recorded the lowest rate ever for the study, with 64 percent saying the drug is attainable, a 1.4 percent drop from 2015. Eighty-one percent of 12th graders said marijuana would be easy to get, up 1.5 percent from last year.

“I don’t have an explanation. This is somewhat surprising,” Dr. Nora Volkow, director of the National Institute on Drug Abuse, which commissions the survey, told U.S. News & World Report. “We had predicted based on the changes in legalization, culture in the U.S. as well as decreasing perceptions among teenagers that marijuana was harmful that [accessibility and usage rates] would go up. But it hasn’t gone up,” she said.

Eight states–including four last month–and D.C. have legalized recreational marijuana for people 21 and over. So why has accessibility and use gone down, even among those that are underage? One reason posited by Volkow and other experts is that younger people are more familiar with the harmful effects of inhaling smoke. Or perhaps it’s that their free time is being eaten up by watching TV or playing video games, rather than seeking out the high school pot dealer. Or, as some legalization advocates point out, maybe it’s that as pot laws loosen, the rebellious stigma of marijuana fades away.

For 8th, 10th, and 12th graders alike, alcohol was said to be much easier to obtain than marijuana. Cigarettes also consistently ranked higher than marijuana in terms of ease of access, but lower than alcohol. Marijuana use is also down from last year among 8th and 10th graders, continuing a downward trend that began in 2010. In 2016, 8th grade marijuana use hit its lowest rate since 1993, with 9.4 percent of respondents saying they smoke pot. That figure is significantly higher for 10th graders, with 23.9 percent saying they smoke pot, but that number also saw a 1.5 percent decrease from 2015, and was the lowest usage rate since 2008.

“We’re seeing that more people in the U.S. except for teenagers are taking [marijuana],” Volkow said. “The rates of increases are highest among young adults 18-24, so one would expect that would translate to the adolescents, but apparently it has not.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Israel’s Drug Enforcement Body Recommends Decriminalizing Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/will-israel-decriminalize-marijuana-soon/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/will-israel-decriminalize-marijuana-soon/#respond Mon, 12 Dec 2016 22:17:03 +0000 http://lawstreetmedia.com/?p=57559

Will the Health Minister accept the recommendation?

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Israel’s central drug enforcement body, the Israel Anti-Drug Authority (IADA), expressed its support of marijuana decriminalization during a Knesset special committee hearing on Monday. Eitan Gorani, chairman of IADA, said the authority “favors the Portugal model,” referencing Portugal’s focus on marijuana, and all other drugs for that matter, as a public health issue, not a criminal one. Portugal decriminalized all drugs, including marijuana, in 2000.

Gorani’s statement came during the Knesset’s Special Committee on Drug and Alcohol Abuse. “We believe that, as a result of developments in the world, the main problem of using cannabis is social and medical, while the criminal matter is only tangential,” he said.

Israel has some of the most liberal medical marijuana laws in the world, and certainly in the Middle East. Recreational cannabis is illegal, but Israel has a wide-ranging medical program, and pharmacies will be selling the drug in the next few months. About 27,000 Israelis are medical marijuana patients, and use medical marijuana to ease their maladies.

Gorani was not the only person present at the special committee hearing to express support for decriminalizing weed. Tamar Zandberg, chairman of the special committee, said: “Israel is advancing toward a new era, and it seems that legalization of marijuana is just a matter of time.” But not every member of the Knesset, Israel’s legislative body, is in favor of legalizing marijuana.

Oren Hazan, a member of the Likud Party, Prime Minister Benjamin Netanyahu’s party, said it is “absurd for a committee that is supposed to fight drug addiction to encourage the use of a drug that will mess up young people’s heads and destroy the Israel Defense Forces.” And Health Minister Ya’acov Litzman, while proposing a bill earlier this year that widened the scope of Israel’s medical marijuana program, has been opposed to legalizing it for recreational use.

There have been a number of bills that have been proposed legalizing small amounts of marijuana, but all have been struck down. Monday was the first time Israel’s drug enforcement body recommended decriminalizing marijuana. But as the top cabinet members, including Litzman and Minister of Public Security Gilad Erdan oppose IADA’s recommendation, decriminalization could still be a ways off.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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New Study Finds Men Are More Likely to Smoke Marijuana Than Women https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/widening-gender-gap-in-marijuana-use/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/widening-gender-gap-in-marijuana-use/#respond Thu, 08 Dec 2016 20:58:47 +0000 http://lawstreetmedia.com/?p=57473

Statistics also correlate with economic hardships.

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Thanks to the success of recent legalization efforts across the country, more American adults are now able to consume legal marijuana than ever before. But as usage statistics surge, researchers have found that their rates do vary along gender lines–men are significantly more likely to smoke marijuana than women.

Epidemiologists Hannah Carliner and Deborah S. Hasin conducted the study at Columbia University’s Mailman School of Public Health, and published the results online in the journal Drug and Alcohol Dependence. They found that compared to 2002, an estimated six million additional men and four million additional women reported past-year pot smoking in 2014.

For a number of years, users remained steady at about 13 percent of the adult male population and 7 percent of the adult female population; however, in 2007, prevalence increased by about 4 percent among men and 3 percent among women.

“These changes parallel national trends in decreased perceived harmfulness of marijuana use, and legalization of both recreational and medical use in over half of U.S. states,” said Dr. Carliner. “However, changes in attitudes and legality do not sufficiently explain why we observe a sharp increase in use in 2007, or why this increase was greater in men than in women.”

Interestingly, the study also found that the widening of the gap was driven by men with low incomes, and corresponded with the start of the Great Recession and rising unemployment rates in 2007. Between 2007 and 2014, marijuana use increased about 6 percent among men in households earning less than $20,000 annually, compared to only 2 percent of women in that group.

It’s easy to understand how financial pressure could cause more individuals to seek out marijuana, which is commonly used to relieve stress and help with anxiety.

“While an economic recovery began around 2012, it largely bypassed men in the low-income manufacturing and construction fields, where earning and employment rates remained low,” noted Dr. Carliner.

“Our findings are consistent with other recent national studies documenting increasing rates of disease and death related to substance use among middle-aged low socioeconomic status White Americans,” says Dr. Hasin.

Both researchers believe that documenting changes in drug use is important for public health planning as well as economic policy. They also believe that identifying such high risk periods and populations could help tailor future prevention efforts.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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The Latest Marijuana-Infused Products: Cannabis Coffee and THC Tea https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/the-latest-pot-infused-products-coffee-tea-and-cocoa/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/the-latest-pot-infused-products-coffee-tea-and-cocoa/#respond Tue, 06 Dec 2016 21:21:57 +0000 http://lawstreetmedia.com/?p=57417

But is caffeine and THC a safe combination?

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Cannabis and caffeine lovers rejoice: San Diego-based BrewBudz will soon be debuting a coffee, tea, and cocoa pod product, fit for Keurig machines, that are infused with marijuana. According to the company’s tagline, the hybrid product will be “good for you” and “good for the earth.” Its pods will be made of 100 percent compostable material, including the caps, which are made of coffee beans.

Calling cannabis and coffee “two important rituals,” the BrewBudz website says: “The merging of cannabis and coffee delivered in a sustainable and environmentally conscious way invests us in the responsibility of caring for both our customers and the earth.” The site adds: “Our goal is to provide full life-cycle recycling and composting from the plant harvest to the disposal of our coffee grounds and packaging.”

Entrepreneurs are seeing more openings in the cannabis market since Election Day, when nine states voted to legalize marijuana in some form; nearly a quarter of Americans now live in a state with legal marijuana laws. A number of Cannabis-infused products have hit the market: chocolate, candy, syrup, cocktails, and pet treats.

But what about the health effects of mixing two brain-altering drugs into one drink? Consuming coffee, a stimulant, and marijuana, a depressant, at the same time could make the user feel wired and tired at the same time. There is not a plethora of research on how combining THC and caffeine can affect a person’s health.

States that have legalized recreational marijuana have proven to be especially fertile grounds for new companies to spring up. In Colorado, where weed has been legal since 2012, sales for marijuana during the first half of 2016 neared half a billion dollars. By 2020, California, which legalized medical marijuana 20 years ago and recreational in November, is expected to have a legal weed market worth about $6.5 billion.

The pot pods will launch in January in Nevada, which legalized recreational marijuana in November, and Colorado. Washington, Oregon, California, and Arizona residents will be able to purchase BrewBudz products in March. Each pod will cost $7, and a cup of a brew for recreational purposes will consist of 10 milligrams of THC, while a medically-oriented brew will have 25 to 50 milligrams of the compound.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Recount Begins for Maine’s Recreational Marijuana Ballot Measure https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/recount-begins-for-maines-marijuana-ballot-measure/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/recount-begins-for-maines-marijuana-ballot-measure/#respond Mon, 05 Dec 2016 20:47:31 +0000 http://lawstreetmedia.com/?p=57388

The measure passed by a few thousand votes in November.

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"Maine's State House" Courtesy of Jim Bowen; License: (CC BY 2.0)

Officials in Maine on Monday morning began a recount of ballots from Election Day. Because the state’s recreational marijuana legalization measure, Question 1, passed by a narrow margin (about 4,000 votes), officials wanted to confirm the results of a measure that would have wide-ranging effects in the Pine Tree State. If the results are confirmed, Maine would join three other states–California, Massachusetts, and Nevada–that passed recreational legalization measures on November 8.

The Maine secretary of state’s office has signaled that the recount could take up to a month. The recount–which is taking place in the state capital of Augusta–could cost at least $500,000. State police will be transferring ballots, locked away in password-protected boxes, from 503 towns across the state.

Question 1 would allow Maine residents who are at least 21 years old to possess up to 2.5 ounces of marijuana. Home cultivation would be limited to up to six plants. If the measure passes, state officials would have nine months to construct a regulatory framework.

Governor Paul LePage, in a video released before the vote, said marijuana “can be deadly.” Likening it to heroin, he said, “we do not need to legalize a drug that could lead to more deaths.” LePage, a staunch opponent of the measure, added: “Before you vote, please educate yourself on this dangerous issue.”

The measure was passed by a slim margin, with 381,692 voters supporting Question 1, and 377,619 opposing it. LePage, a Republican, supports the recount, and has said that he would implore President-elect Donald Trump to enforce the federal ban on marijuana. If Trump did respect states’ wishes, however, LePage said he would respect that decision as well.

Election Day was a sizable victory for marijuana advocates, as eight states (nine if the Maine results are confirmed) passed marijuana measures in some form, though marijuana remains illegal at the federal level. Maine residents will have to wait at least a few more weeks to see if their state joins the growing list of states that have legalized the drug since 2012. Maine legalized medical marijuana in 2009.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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New Jersey BOE Approves Medical Marijuana on School Grounds https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-school-medical-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-jersey-school-medical-marijuana/#respond Thu, 01 Dec 2016 20:02:43 +0000 http://lawstreetmedia.com/?p=57301

The policy allows parents or guardians to administer the drug to qualifying students while at school.

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Image Courtesy of Christopher Webb : License  (CC BY 2.0)

Students in New Jersey’s Ridgefield Park School District can now legally receive medical marijuana treatments while on school grounds thanks to a recent Board of Education ruling.

The measure approved Wednesday permits parents or guardians to administer medical marijuana to students while on school grounds, on a school bus, or at a school-sponsored event. Governor Chris Christie signed the legislation earlier this month in an effort to allow caregivers the ability to give edible medical marijuana to their sick and disabled children–the law specifically prohibits smoking marijuana.

In order to legally receive the drug, a child must be diagnosed with a developmental disability, and be a registered patient with the state medicinal marijuana program.

The bill was inspired by Roger and Lora Barbour’s fight to allow their 16-year-old daughter Genny to bring her medicine to school. Genny, who was diagnosed with autism and severe epilepsy, takes prescribed cannabis oil multiple times a day to treat her seizures. Since she began the regimen, she has been seizure-free.

Medical marijuana is now legal in 28 states, and four states, including New Jersey, Colorado, Maine, and Washington, have legislation specifically regarding schools.

According to NorthJersey.com, parents will need to submit a written request to the principal to have a primary caregiver administer the drug while on school property. The principal, school nurse, and superintendent will review each request to determine approval.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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NFL Bans Seantrel Henderson for Using Medical Marijuana to Treat Crohn’s Disease https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nfl-bans-seantrel-henderson-using-medical-marijuana-use-treat-crohns-disease/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/nfl-bans-seantrel-henderson-using-medical-marijuana-use-treat-crohns-disease/#respond Thu, 01 Dec 2016 15:36:12 +0000 http://lawstreetmedia.com/?p=57283

Seantrel Henderson could pursue a lawsuit against the NFL

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Image courtesy of Michael Cardus; License: (CC BY 2.0)

The National Football League suspended a Buffalo Bills player Tuesday for violating the NFL’s substance abuse policy. Offensive tackle Seantrel Henderson was suspended for 10 games. According to what Henderson’s agent Brian Fettner said to the Associated Press, this suspension comes from the player’s use of medical marijuana to treat his Crohn’s disease

The Bills announced the league had notified them on Tuesday of their player’s suspension.

“The league has notified us of the suspension and we are moving forward with our preparations to play the Oakland Raiders this Sunday,” the Bills said in their statement.

This is Henderson’s second suspension of this year; he began the season with a four-game suspension.

Henderson was diagnosed with Crohn’s a year ago, and underwent multiple surgeries on his intestines in the previous offseason.

“The reality is, the NFL’s position has been if you need medical marijuana then you’re too sick to play,” Fettner also said. “But that’s just not the case for Seantrel Henderson.”

The NFL’s substance policy does not allow medical exemptions for marijuana use, although it does for some other banned substances.

According to Yahoo, “If he were to fail a third drug test, Henderson would be banned for life, with the ability to apply for reinstatement after a year.”

Henderson has spoken in defense of the drug previously.

“I’ve got doctors telling me this is the No. 1 medicine that would help your disease,” Henderson told The Buffalo News. “You try to tell that to the league and it seems like they didn’t care too much.”

If Henderson chooses to, he could pursue a lawsuit against the NFL.

Julia Bryant
Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

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Massachusetts Might Have to Wait a Little Longer for Legal Marijuana https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/massachusetts-might-have-to-wait-a-little-longer-for-legal-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/massachusetts-might-have-to-wait-a-little-longer-for-legal-marijuana/#respond Tue, 29 Nov 2016 21:22:39 +0000 http://lawstreetmedia.com/?p=57229

The Secretary of State gave it a "50-50" chance of passing on time.

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Image Courtesy of Paul Hudson; License: (CC BY 2.0)

On Monday, Massachusetts Secretary of State William Galvin signaled that his state’s recently passed recreational marijuana legalization ballot measure, Question 4, could miss its targeted implementation date of December 15. Massachusetts, and seven other states, passed some form of marijuana legalization measures on Election Day, with Bay State voters overwhelmingly in support of a recreational marijuana legalization framework.

The eight-member Governor’s Council needs to sign off on the ballot measure, which 1.7 million people (54 percent) voted for, before it can be implemented. Galvin said he expects the council’s votes to be tallied on December 14, and said it’s a “50-50 proposition” that the law will go into effect, meaning Massachusetts citizens 21 and over can legally possess and use small amounts of pot. Stores will be allowed to start selling marijuana on January 1, 2018, though that date might also get pushed back.

“All those tokers can hold their breath a little longer, but they’ll be able to exhale,” Galvin said, adding that if it’s not passed in two weeks, it will be at the beginning of next year. He said a later than usual election, and the results not being a lock until November 18 were the primary reasons for the potential delay. Confirming the presidential election results are his number one priority, he said, and the work put into that takes precedence over the marijuana measure. “No one is trying to delay the marijuana question deliberately,” he added. “It’s just the presidency of the United States is more important than legalizing marijuana.”

Michael Albano, one of the eight members of the Governor’s Council, told The Boston Globe that he would be surprised if the passed ballot measure does not go into effect on the targeted date. “We meet every week so if it’s not ready on the 30th, we’ll be there on December 7th, 14th, 21st, and 28th,” he said. Home cultivation–of up to 12 marijuana plants–is also expected to start on December 15, though that too would be pushed back if the council delays the implementation.

Will Luzier, a lawyer and prominent backer of Question 4, told the Globe he is surprised that there could be a delay, saying: “I would hope that the secretary of state errs on the positive side of that 50-50, and that he and the Governor’s Council would be able to certify given the deadline date.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Israeli Company Develops World’s Most Precise Medical Marijuana Inhaler https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/firm-in-israel-to-be-first-to-market-medical-weed-inhaler/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/firm-in-israel-to-be-first-to-market-medical-weed-inhaler/#respond Mon, 28 Nov 2016 22:03:17 +0000 http://lawstreetmedia.com/?p=57208

The product is pending approval from the Health Ministry.

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Image Courtesy of Neil Turner; License: (CC BY-SA 2.0)

In the 1960’s, an Israeli scientist, Dr. Raphael Mechoulam, was one of the first to discover CBD in a cannabis plant. Soon after, he unraveled the structure of THC, the psychoactive property of the plant. Now, two Israeli companies are breaking new ground, becoming the first in the world to develop an inhaler that will administer medical marijuana in precise, doctor-prescribed doses. Developed by Syqe Medical and marketed and distributed by Teva Pharmaceuticals, the inhaler is set to hit the market as soon as it’s approved by the Health Ministry. It has already been approved for hospital use. 

Syqe Medical, in a statement released Monday, said its groundbreaking product will “revolutionize the field of medical cannabis,” and “will allow medical professionals to prescribe an optimal dose of cannabis, alleviating the patient’s symptoms while minimizing the psychoactive effects.” Patients at Rambam Medical Center in the port city of Haifa have been using the inhaler for the past year, but now the product–the inhaler itself is a onetime purchase and the disposable cartridges last one month–is ready to hit the market.

Inhaling marijuana, in contrast to smoking or eating it, offers patients and doctors greater precision when ingesting and prescribing the drug for specific diseases. Other modes of ingestion are difficult to monitor and dose. According to a statement from Teva Pharmaceuticals, the world’s largest generic drugmaker, the inhaler would be the first in the world to deliver precise doses of cannabis. Plenty of people around the world use inhalers to deliver medical marijuana, but the doses are not measured or precise according to their diagnosis.

Israel legalized medical marijuana in 1992, and the latest statistics put its number of patients at 26,000, a number that is expected to double by 2018. Teva Pharmaceuticals, which is also one of the world’s top ten drug companies, said in a statement that its partnership with Syqe Medical “demonstrates the company’s commitment to improving the health of its patients and it is consistent with Teva Israel’s strategy of investing in — or partnering with — local startups and groundbreaking Israeli initiatives while providing access to innovative technologies and advanced medical devices.”

Editor’s Note: This post was updated on 11/29 to clarify that the Syqe inhaler has already been approved for hospital use. 

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Will Trump’s Attorney General Pick Enforce the Federal Ban on Marijuana? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/trump-attorney-general-marijuana/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/trump-attorney-general-marijuana/#respond Tue, 22 Nov 2016 21:35:09 +0000 http://lawstreetmedia.com/?p=57137

Jeff Sessions has expressed disdain for marijuana legalization in the past.

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"Jeff Sessions" Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

Days after eight states voted to legalize marijuana in some form or to expand existing laws, President-elect Donald Trump picked Sen. Jeff Sessions, a vocal critic of legalization, to head the Justice Department as the new attorney general. With the disparate marijuana laws between the federal government and states, marijuana and criminal justice advocacy groups, not to mention users and regulated sellers, are expressing concerns about how the Trump Administration would affect the state-level legal market.

During a Senate hearing in April, Sessions offered a glimpse of his views on marijuana, attitudes that might shape his approach as attorney general. “We need grown-ups in Washington to say marijuana is not the kind of thing that ought to be legalized, it ought not to be minimized, that it is in fact a very real danger,” he said. He added that marijuana “is dangerous, you cannot play with it, it is not funny,” and “good people don’t smoke marijuana.”

As attorney general, Sessions would oversee federal prosecutors as well as the Drug Enforcement Administration. It’s unclear how he would enforce the federal ban at the state level, if he would at all, but it’s the ambiguity and the unknown, with a noted marijuana critic at the helm, that is worrying to advocacy groups and other actors in states where the industry is regulated. 

Trump, who has expressed his support for states’ rights to legalize pot, would have the ability to block any crackdowns administered by Sessions. But another unknown is how hands-on Trump will be with the Justice Department, especially concerning marijuana law. John Hudak, a marijuana policy expert with the Brookings Institution, spoke with The New York Times recently about what Sessions would have the reign to do. He said:

As attorney general, Sessions would have the ability to rescind two Justice Department directives–known as the Cole and Ogden memos–that called for stepping back from marijuana prosecutions. He could also use federal law enforcement power against operators and sue state regulators to block state systems.

As it currently stands, marijuana is designated a Schedule I drug under the Controlled Substances Act, and is illegal at the federal level. Twenty-nine states and the District of Columbia have legalized weed in some form, however, and the majority of Americans, around 60 percent, live in one of these places. How Trump might deal with reconciling federal and state marijuana laws, and how his newly appointed attorney general might steer the Justice Department in such matters, is an open question that will take at least a few months to answer.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Puppy Pot and Cat Cannabis? Edibles for Pets Are Now on the Market https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/a-new-demographic-is-emerging-in-the-edibles-market-pets/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/a-new-demographic-is-emerging-in-the-edibles-market-pets/#respond Mon, 21 Nov 2016 22:26:31 +0000 http://lawstreetmedia.com/?p=57103

As more states legalize weed, people are looking for ways to ease their pets' pain.

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Image Courtesy of athriftymrs.com; License: (CC BY-SA 2.0)

Walk around some pet stores in the U.S., and you might stumble upon a deceiving product: wishbone-shaped treats, that look like any other dog treat, but are made with CBD, the non-psychoactive cannabinoid in the cannabis plant. No, adding the treat to your puppy’s Iams or your kitty’s Meow Mix won’t have them watching Planet Earth while debating the answers of the multiverse, but it might help relieve their anxiety, or other physical ailments like inflammation and pain. As more states legalize medical or recreational marijuana, pet owners are increasingly turning to pot-for-pet edibles to alleviate their furry friends’ maladies and discomforts.

Some pet stores and dispensaries in states where recreational or medical marijuana is legal offer pot-based products for pets; not just for dogs and cats, but pigs, horses, and other small mammals as well. Pet edibles come in different forms, and are made with different ingredients. Some only contain CBD, which lacks the psychoactive effects of THC, an ingredient that is dangerous for animals to consume. Others contain traces of both CBD and THC, and can only be administered if the owner obtains a medical marijuana license in a state where medical marijuana is permitted.

Regulators have not approved these products, and the federal classification of marijuana as an illegal substance has some stores and owners reluctant to sell or buy pot-based pet treats. And while there is no scientific, data-based evidence for the positive effects of pot on pets, there are plenty of anecdotes that are enough to have some buyers reaching for cannabis’ curative properties.

Some products have found ways around federal and state laws to allow people to purchase pot-based pet treats and oils even without a medical marijuana license. Hemp, which is increasingly being legally cultivated in at least 30 states, is sometimes used. Products made with hemp, which contains less THC than marijuana, do not require medical marijuana licenses for purchase.

Unfortunately, some statistics also show that since marijuana legalization, there has been an uptick in pets getting ill from unwittingly sneaking edibles from their owner. From 2012 to 2015 the Pet Poison Helpline saw a fourfold increase in calls from people whose pets became intoxicated with marijuana. In 2014, the American Society for the Prevention of Cruelty to Animals received over 200 more calls related to pets poisoned by cannabis than in 2013.

At least one state has tried to pass a law allowing veterinarians to prescribe marijuana to people’s pets. A law in Nevada that would allow vets to administer medical licenses to pets was struck down in 2015. So while the dream of getting high with your dog is potentially dangerous and should largely remain a dream, the market for animal edibles is one that will probably continue to grow.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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