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 ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-78/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-78/#respond Mon, 14 Aug 2017 14:38:34 +0000 https://lawstreetmedia.com/?p=62711

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ICYMI, start your Monday off with some of Law Street’s trending stories from last week!

Top 10 Schools for Environmental and Energy Law

In 2014, Law Street Media released its first set of law school rankings, in response to the changing legal education industry. Law Street Specialty Rankings are a detailed resource for prospective law students as they consider the many law schools across the country. Check out our top 10 law school picks for environmental and energy law.

Cannabis in America August 2017: Sessions’ Pot Task Force Recommends Status Quo

Check out our August Cannabis in America Newsletter for an exclusive interview with Erik Altieri, the executive director of the National Organization for the Reform of Marijuana Laws (NORML), where he discusses NORML’s legalization efforts, when he expects we’ll see federal legalization, and more.

The Path to Cannabis in Canada: Eight Crucial Events

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, check out these eight key court cases and regulations that shaped the current landscape.

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 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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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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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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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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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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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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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.

The post Cannabis in America May 2017: Learn How Legislators Are Aiming to Protect Cannabis Customers appeared first on Law Street.

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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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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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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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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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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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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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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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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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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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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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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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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.

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

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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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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Image Courtesy of O'Dea; License: (CC BY-SA 3.0)

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

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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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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Denver Residents Could Soon Be Able to Use Pot in Some Public Spaces https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/ballot-initiative-in-denver-to-allow-use-of-weed-in-some-barscafes/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/ballot-initiative-in-denver-to-allow-use-of-weed-in-some-barscafes/#respond Wed, 16 Nov 2016 14:00:41 +0000 http://lawstreetmedia.com/?p=56970

The results aren't final yet, but it's looking good for public pot.

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

The Mile-High City is on the cusp of reaching another milestone in its legal marijuana framework, as Denver voters appear to have voted to approve a measure that would allow pot consumption in approved public spaces. A week after Election Day, 53 percent of counted ballots support Initiative 300. Over 30,000 ballots still need to be counted, but The Denver Post said it would take a “supermajority” of opposition votes to keep the measure from passing.

Initiative 300 would “permit a business or a person with evidence of support of an eligible neighborhood association or business improvement district to allow the consumption of marijuana (“cannabis”) in a designated consumption area,” such as a bar or cafe. The four-year pilot program would stipulate that “consumption areas” would require the backing of neighborhood groups or a business improvement district, which would also draft the conditions the bar, cafe, or other space must operate under.

“We are truly grateful to the people of Denver for approving this sensible measure to allow social cannabis use in the city,” Kayvan Khalatbari, the leader of an Initiative 300-backing group said in a statement. “This is a victory for cannabis consumers who, like alcohol consumers, simply want the option to enjoy cannabis in social settings.”

Since Colorado legalized recreational marijuana in 2012, and the first state-licensed shops opened in early 2014, consumers have dealt with a hampering paradox. People 21 and over could purchase and possess pot in public, but could only smoke or consume it in their private residences, with the approval of a landowner. Proponents hope the measure will open a door for Denver residents and tourists to smoke pot or eat edibles in public without persecution. Currently, the only places outside of private dwellings that allow cannabis consumption are private cannabis clubs. Those are few in number and very exclusive.

Not everyone is on board with widening the scope of Denver’s weed legislation. In an editorial for The Denver Post in October, Rachel O’Bryan, campaign manager for Protect Denver’s Atmosphere: Vote No on 300, wrote: “Initiative 300 won’t end public marijuana smoking. Rather, it will spread the problem to all parts of Denver by permitting outdoor marijuana smoking on patios and rooftops of potentially any business. This is simply too much.”

Over 160,000 Denver residents disagree, and as final ballots are counted, it seems like Colorado’s largest city will continue to pave the way for marijuana legalization in the U.S.

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 Often Do Dispensaries Sell Marijuana to Minors? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/study-finds-no-retail-pot-sales-to-minors-in-colorado/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/study-finds-no-retail-pot-sales-to-minors-in-colorado/#respond Tue, 08 Nov 2016 14:20:43 +0000 http://lawstreetmedia.com/?p=56747

A new study found only one in Colorado willing to sell to a buyer without an ID.

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Image Courtesy of Katheirne Hitt; License: (CC BY-ND 2.0)

Legalizing recreational marijuana, some argue, could lead to a proliferation of underage sales. Profit might trump policy and safety. But a new study offers no evidence, specifically in Colorado, where state-licensed dispensaries popped up in 2014 after recreational weed earned legal status in 2012, that dispensaries sell recreational pot to minors.

Visiting state-licensed dispensaries in Colorado over a period of four days in August 2015, the authors of the study found that all proprietors asked for ID, and only one agreed to sell their product in the absence of an ID. Led by a pair of doctors from the health communications firm Klein Buendel, the study concluded:

Compliance with laws restricting marijuana sales to individuals age 21 years or older with a valid ID was extremely high and possibly higher than compliance with restrictions on alcohol sales. The retail market at present may not be a direct source of marijuana for underage individuals, but future research should investigate indirect sales.

In 2012 Colorado legalized recreational marijuana, the first state to do so. But recreational bud did not hit the regulated market until 2014. Opponents argued shifting to a legal market would lead to minors having easier access to the drug. And despite the new study, published in the November issue of the Journal of Studies on Alcohol and Drugs, state-sponsored sting operations have uncovered evidence to support both sides.

A police sting operation of 20 retailers in Colorado in June 2014 found no wrongdoing. All dispensaries complied with the law, refusing to sell to minors. “We are pleased with the results, and will continue to monitor the businesses to ensure that the compliance efforts are maintained,” said the director of Colorado’s Marijuana Enforcement Division, which worked with the police in the sting.

But a similar operation nearly one year later contradicted those findings. In September 2015, one month after the Klein Buendel study conducted its study, undercover police visited 30 Denver-area dispensaries. Police issued seven of them–including “The Healing House” and “Herbs 4 You”–citations for selling to minors. “Up until now these compliance checks have been a bright spot for the industry. This recent check drops compliance to 92 percent,” the MED director said at the time.

In Washington, where recreational marijuana is also legal, a sting last May found four stores guilty of selling to minors. For stores in Colorado that break the law and sell to minors, penalties can include a suspended or revoked license, and up to $100,000 in fines.

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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Cash Only: Why are Banks Hesitant to Work with Legal Pot Businesses? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/more-banks-working-w-marijuana-businesses/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/more-banks-working-w-marijuana-businesses/#respond Mon, 31 Oct 2016 21:18:27 +0000 http://lawstreetmedia.com/?p=56556

Federal law scares many banks away from dealing with legal pot businesses.

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

Nine states will be voting on marijuana legalization measures in some form next week–either recreational or medical–in what some pot advocates see as a tipping point in the federal classification of the drug. One key facet of state-level legalization that is seriously affected by the federal ban on marijuana is the banking sector. Because cannabis is illegal at the federal level, banks are hesitant to work with dispensaries, even in states where marijuana is entirely legal.

The U.S. Justice Department issued a new set of guidelines for banks in dealing with legal dispensaries in February 2014, saying banks and credit unions doing business with state-licensed businesses (in states where marijuana is legal, of course), would not be prosecuted, irrespective of the federal standing. Since the new practices were instituted, banks and unions working with marijuana businesses jumped from 51 to 301, as of April 2016.

But banks still hesitate to open accounts or issue credit for legal pot businesses, leaving many to operate in cash only. That can lead to some obvious obstacles. For instance, there have been 200 recorded robberies at marijuana dispensaries in Denver since Colorado fully implemented its marijuana legalization measure in 2014. New businesses looking to cut into the legal market struggle to find banks willing to lend them money. And some pot proprietors resort to filing their credit card charges under false pretenses, such as “spa service.”

Twenty-five states (and the District of Columbia) have legalized marijuana in some form: medically, recreationally, or both. Five states, including California, a state with an already huge medical pot market, will be voting on recreational weed ballot measures on Election Day.

One California union, the Community Credit Union of Southern Humboldt, stopped issuing accounts to pot-related businesses because of the uncertainty, and the responsibility of having to ensure a marijuana client is legal and following all regulations and protocols. “We’re not being asked to go over to the gun dealer and ask them if they’re making appropriate background checks,” she told Reuters.

One credit union in Colorado, Partner Colorado Credit Union, is a model for banks who are willing to risk breaking federal law while adhering to state laws. For one, the union takes up to three weeks to vet any potential clients. Once a working relationship is established, the union uses armored trucks to transport cash from the dispensary to the Denver branch of the Federal Reserve Bank. “Our program is designed with eyes on the business, eyes on the owner, eyes on the money,” the union’s Chief Executive Sundie Seefried told Reuters.

Such scrupulous steps would hardly be necessary if federal and state governments could get on the same page on this issue. Next week’s results could lead to a step in that direction.

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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Colorado’s Legal Marijuana Market Created 18,000 Jobs in 2015 https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-report-on-co-weed-industry/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/new-report-on-co-weed-industry/#respond Fri, 28 Oct 2016 17:55:39 +0000 http://lawstreetmedia.com/?p=56476

And it created $2.4 billion in economic activity.

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

A new study details some of the positive effects Colorado’s legal marijuana industry has had on its economy: in 2015, it created 18,000 new full-time jobs, and there was $2.4 billion in total economic activity. Commissioned by the state, the Marijuana Policy Group’s study is the first scientific, data-based study on Colorado’s cannabis economy. Previous dives into Colorado’s legal pot industry have relied on surveys and anecdotal reports.

The authors write that the study’s purpose is to “help voters, policymakers, and regulators understand how marijuana legalization impacts the state economy in terms of output, tax revenues, GDP, and employment.”

What the new study finds is a thriving market that has led to direct and indirect benefits for the economy. Large-scale growth is expected through 2020, at which point “the regulated market in Colorado will become saturated.”

Chief among the legal pot market’s impact is the $2.4 billion dollars it infused into the economy in 2015. Nearly $1 billion of that activity, the study found, can be attributed to simple retail sales. The rest is from secondary revenue generators, or spillover effects: “warehousing, cash-management, security, testing, legal services, and climate engineering for indoor cultivations.,” the study found.

Legal pot has also raked in a bundle of new tax revenue: $121 million in 2015, the second-highest tax revenue source in the state, nearly twice as much as marijuana tax revenue in 2014. The report found “marijuana tax revenues are growing more quickly than any other tax type in the state,” and that the increase “reflects a combination of demand growth and a demand shift from the untaxed black and gray markets into the taxed retail market.”

Most of the economic growth is due to customers shifting from Colorado’s black market to its legal, regulated market. And though a black marijuana market still exists in Colorado, the study found that by 2020, 90 percent of marijuana sales will come from the regulated market. The other ten percent is expected come from home growers and underground sales.

Finally, the study concludes that “legal marijuana demand is projected to grow by 11.3 percent per year through 2020,” at which point the market will saturate, and begin to mirror other retail industries that follow population trends.

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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The State of Weed: Marijuana Legalization State by State https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/state-of-weed-marijuana-legalization/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/state-of-weed-marijuana-legalization/#respond Wed, 26 Oct 2016 18:58:42 +0000 http://lawstreetmedia.com/?p=55596

Learn more about your state's marijuana legalization status here!

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Image Copyright Law Street Media.

**Last Updated February 3, 2017 **

In recent decades, marijuana legalization has continuously evolved in the United States, as opposition against the drug continues to wane amidst new research on the drug’s effects and criticism of the U.S.’s handling of the “War on Drugs.” Four states and the District of Columbia have legalized marijuana for recreational use, and 25 total states have legalized marijuana for medical use.

In November, a total of nine states voted on marijuana legalization. California, Maine, Massachusetts, and Nevada all voted to legalize recreational marijuana. Arizona voters shot down their legal pot ballot measure. In addition, Florida, Arkansas, and North Dakota voted to legalize marijuana for medical purposes, while Montana voters chose to expand the parameters of their existing medical marijuana program.

The map below displays each state’s current marijuana legalization status, from illegal to full legalized recreational use, as of February 3, 2017.

The State of Weed Map

According to Gallup polls, one in eight U.S. adults say they smoke marijuana and 58 percent of Americans believe marijuana should be legal in the U.S. As cannabis initiatives continue to find traction and make their way onto ballots, understanding the intricacies of each state’s marijuana laws will become increasingly important.

Patients who use medical marijuana will need to know things like whether or not they can travel with the drug and use it in other states, and in cities where the drug is decriminalized mere fractions of an ounce could make the difference between low fines or substantial jail time. The following slide show contains information on each states’ marijuana laws in regards to possessing, selling, and cultivating weed, although please note that this is intended as a basic resource and does not include the entirety of provisions in any given state. This is the “State of Weed.”

Go Directly to Your State:
AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WIWY

Alabama

Image Courtesy of [Tom Woodward via Flickr]

Image Courtesy of [Tom Woodward via Flickr]

Marijuana Legalization Status: Illegal

PossessionPossessing any amount of marijuana for personal use is a misdemeanor offense and carries one year in prison and up to a $6,000 fine. Possessing marijuana for anything other than personal use is an automatic felony that carries one to 10 years in prison and possible fines up to $15,000.

Sale: Any amount is an automatic felony carrying between two to 20 years in prison and up to a $30,000 fine. Sales by an adult to a minor carry 10 years to life imprisonment and up to a $60,000 fine.

Exceptions: Medical cannabidiol or CBD, a cannabis extract high in CBD and low in THC, is legal for patients with debilitating epileptic conditions and a few other approved conditions.

Research and analysis conducted by Law Street’s Cannabis in America Team: Alexis Evans, Alec Siegel, Anneliese Mahoney, and Kevin Rizzo.

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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Delivery App Becomes Highest Funded Marijuana Startup in the World https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/app-highest-funded-marijuana-startup/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/app-highest-funded-marijuana-startup/#respond Wed, 26 Oct 2016 17:20:23 +0000 http://lawstreetmedia.com/?p=56440

San Francisco-based startup 'Eaze' pulled in a cool $13 million, bringing its total haul to $25 million.

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"the ultimate" courtesy of Cannabis Pictures; License: (CC BY 2.0)

Scooping up a recent bundle of investments worth $13 million, marijuana delivery app Eaze is officially the highest-funded pot startup in the world. The new infusion of cash–courtesy of Fresh VC, DMC Ventures, Tusk Ventures, Winklevoss Capital and more–brings the young firm’s capital to nearly $25 million. Eaze, based in San Francisco, and active in 100 cities in California, connects medical marijuana patients to local dispensaries. Some call it the “Uber for Weed.”

“Eaze remains committed to providing the best patient experience and will use the latest financing to accelerate product innovation, grow its world-class team, and expand its technology to additional markets,” the company said in a press release announcing its  new investments.

The funding comes at a potentially lucrative time for the cannabis industry in California. On November 8, California residents will vote on Proposition 64, a ballot measure that, if passed, would legalize recreational marijuana in the state. If the drug is legalized, some predict that the legal marijuana market in California will grow from $2.8 billion today, which only includes medical marijuana, to $6.5 billion in total by 2020. Early polls indicate the legalization measure will likely pass.

Eaze CEO Keith McCarty is looking forward to the marijuana market’s future growth: “We’re thrilled with the growth we’ve achieved and are poised to accelerate as the market hits an inflection point,” he said.

The federal designation of pot as an illicit substance and a Schedule I drug renders any pot delivery service illegal. And even according to local laws, only some of the areas where Eaze delivers is technically legal. (At the local level, at least. Federally, delivering pot is illegal and will remain so until the government legalizes it). Delivery services like Eaze, which launched in July 2014, had a bigger gap to fill in California’s medical market after voters passed a measure that banned dispensaries in Los Angeles from delivering their products.

Despite the legal contradictions of marijuana laws at the federal and state level, McCarty is excited about the opportunities moving forward. “This is a critical time for the marijuana industry. Adult use is on the precipice of becoming legal in California, the largest marijuana market in the United States,” he said, adding that his firm is “best positioned to educate and service the future market.”

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 Grown in Colorado is More Potent Than Ever Before https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/weed-colorado-potent/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/weed-colorado-potent/#respond Mon, 24 Oct 2016 19:16:00 +0000 http://lawstreetmedia.com/?p=56395

THC concentrations in Colorado's cannabis continue to increase.

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"Happy Smiley" courtesy of Gerry Dincher; License: (CC BY-SA 2.0)

Putting the “pot” in potency, marijuana in Colorado has a higher concentration of THC than ever before. A combination of lax regulations and an influx of growers selecting for desirable genes has led to the increased pop to Colorado’s pot.

“While we don’t do genetic engineering here, we’re constantly looking for better genetics. That means good, big, and fast. So, it’s been a constant evolution of our genetics over time,” Andy Williams, CEO of Denver-based dispensary Medicine Man Marijuana, told CNN in a recent interview.

Cross-breeding strains of cannabis has certainly played a role in the overall potency increase in the state’s crop. But Colorado’s regulatory framework, or lack of one, concerning limits on THC concentration in a flowering plant, has also had an effect. However, Colorado’s Marijuana Code does include stipulations regarding edibles: a packaged marijuana product can contain no more than 100 milligrams of active THC.

Academic studies–as well as mandatory tests conducted by state-licensed, third-party laboratories–have tracked the steady rise in THC levels in Colorado’s pot over the last few decades.

TEQ Analytical Laboratories is one of the state-licensed laboratories that tests producer’s products before they hit the market, a requirement for all growers in the state. They have examined over 100 strains from more than two dozen clients. JJ Slatkin, director of business development at TEQ, recently showed CNN the test results of a flower with a THC content of 32 percent, well above the average of 18.7 percent in .

“The biggest issue is protecting the public’s health and safety and making sure this industry is based on sound accurate science,” Slatkin said.

study published in April of nearly 40,000 samples of marijuana–all from illicit material confiscated in raids by the Drug Enforcement Administration over the past two decades–reveals what might be a national trend: rising THC levels in illicit plants. In 1995, the average black market plant had a THC level of just 4 percent. That figure tripled by 2014, to 12 percent.

“This increase in potency poses higher risk of cannabis use, particularly among adolescents,” the authors of the study concluded.

Legislators concerned about THC’s effect on adolescent brains, and who would like to see caps on THC levels, introduced an amendment earlier this year that would bar producer’s from growing and selling cannabis with THC levels above 16 percent. That measure failed to pass.

Williams, the CEO of Medicine Man Marijuana, compared limiting THC levels to taking spirits and hard liquor off liquor store shelves. People who crave a stronger dose will simply “make it themselves,” 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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How Will Marijuana Be Marketed if it’s Legalized in California? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/how-will-marijuana-be-marketed-once-its-legal-in-california/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/how-will-marijuana-be-marketed-once-its-legal-in-california/#respond Wed, 19 Oct 2016 17:12:34 +0000 http://lawstreetmedia.com/?p=56288

The state's legalization measure stipulates no marketing to children.

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Image Courtesy of Dank Depot; License: (CC BY 2.0)

In the weeks leading up to November 8, America’s attention remains squarely on the presidential race. But Election Day will bring scores of ballot measures to voters across all 50 states as well. In nine states, voters will be weighing in on legalizing marijuana in some form, either medically or recreationally.

Early polls in California–one of states to include a full-tilt legalization measure on its ballot–indicate that it will join the handful of states where marijuana is currently legal in all forms. Opponents and proponents of the California measure, Proposition 64, have their sights set on the next battlefield once legalization becomes a reality: marketing.

Proposition 64, or the Adult Use of Marijuana Act, contains a number of provisions aimed at ensuring marijuana will be safely marketed. These include:

  • All marijuana product labels must include a government warning that includes the phrase, “please use extreme caution.”
  • Billboards can portray marijuana advertisements, but must be located further than 1,000 feet away from a day care, school, playground, or youth center.

But even with the safe-marketing measures baked into Prop. 64, some opponents of legalization remain worried that as the drug is legalized, companies will commit to mass marketing strategies aimed at turning a profit.

Once cannabis is legalized in California, opponents see a period of experimentation, as brands are weeded out and the big players emerge, perhaps paving a landscape similar to Big Tobacco. This would include a landscape consisting of mass marketing campaigns fueled by a few dominant companies.

Prop. 64 contains additional stipulations aimed at preventing a monopolistic environment. For the first five years of legalization, producers are only allowed to cultivate up to 22,000 square feet.

Though Prop. 64 contains measures safeguarding against marketing, and especially marketing to children, the federal classification of marijuana as an illegal substance and a Schedule I drug will prevent marijuana from being marketed on television or radio in California, even if the measure passes on Election Day.

In an interview with the San Francisco Chronicle, California’s Lieutenant Governor Gavin Newsom, a legalization supporter, noted how federal law will block many marketing efforts at the state level for the time being. He said:

Oregon, Washington, Alaska, and Colorado have legalized cannabis for recreational use for adults. None of those markets have any advertising, because [marijuana] is federally prohibited. You cannot legally advertise [marijuana] on our airwaves, radio, or TV.

Brands, he said, will design their products to appeal to people. “But targeting our kids,” Newsom said. “Absolutely not. And we’re going to keep an eye on that, and we’ve got to hold ourselves accountable.”

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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Instagram is Censoring Accounts With Pictures of Legal Weed https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/instagram-censoring-weed-pictures/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/instagram-censoring-weed-pictures/#respond Fri, 23 Sep 2016 21:15:16 +0000 http://lawstreetmedia.com/?p=55708

However, some accounts that promote illegal weed still remain.

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Image Courtesy of [mista stagga lee via Flickr]

Instagram has been deleting accounts that contain pictures of marijuana, even if the location where the account is based has legalized the drug in some form. Two companies in Canada, where medical marijuana is legal, recently had their accounts shut down by the social media giant after featuring pictures of legal weed.

Lift Cannabis Co. is a Canadian website that reviews legal strains of weed through licensed producers. A Lift representative told VICE that his company’s Instagram account was deactivated last week.

“Nothing we’re sharing is against the law,” said Lift communications director David Brown. “Instagram is a US-based company. I suspect they don’t really understand the rules involving Canada.”

Lift isn’t the only Canadian company whose Instagram account has recently been taken down.

Tweed, Canada’s largest licensed producer of medical marijuana, used its Instagram as a vital piece of its marketing strategy since advertising medical marijuana in Canada is not permitted. Its account has been shut down twice.

“The work it takes to build an online community isn’t worth it if there’s the constant risk of it disappearing,” Tweed spokesman Jordan Sinclair told VICE. He said Tweed will not open another Instagram account, but will rebuild its social presence on Snapchat and Massroots as alternatives.

Instagram’s community guidelines state: “Offering sexual services, buying or selling firearms and illegal or prescription drugs (even if it’s legal in your region) is also not allowed. Remember to always follow the law when offering to sell or buy other regulated goods.”

However, there are accounts that have pictures of marijuana plants or promote illegal weed that haven’t been deactivated. Cannabis Culture, which sells recreational weed (which is still technically illegal) in parts of Vancouver and Toronto, has an operational account. Leafy and Weedmaps, smart phone apps which review dispensaries and use GPS technology to locate them for the use, both have operating Instagram accounts as well.

Brown is dumbfounded by the seemingly arbitrary account take downs.

“So a company that operates with the entirely legal medical cannabis space in Canada gets deleted, twice, but a company that cover the federally illegal recreational culture in the US and around the world gets a pass,” Brown said. “No rhyme or reason.”

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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First Medical Marijuana App Launches in Canada https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/med-marijuana-app/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/med-marijuana-app/#respond Fri, 16 Sep 2016 13:00:24 +0000 http://lawstreetmedia.com/?p=55512

Connecting thousands of customers directly to their medicine.

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Image Courtesy of [Dank Depot via Flickr]

Medical marijuana in Canada: there’s an app for that. Aurora Cannabis, an Alberta-based producer, launched a mobile app, believed to be the first legal app of its kind. Medical marijuana patients can now order “Sentinel,” “Snow Dome,” or other strains from their smartphones and tablets, streamlining the consumption process for the 80,000 to 90,000 Canadians with a prescription for pot.

“The fact is that people live on their phones and tablets,” said Cam Battley of Aurora Cannabis. “They use them to shop for everything from consumer products and health products to medicine. It is an acknowledgment of the reality of how people operate today.”

The app includes pictures, product descriptions, and lists the price per gram of the different strains. Customers in parts of Alberta, a western province in Canada, will receive same-day delivery, and customers everywhere get free delivery for orders of five grams or more. Cannabis is legal for medical purposes in Canada, and Prime Minister Justin Trudeau’s government is expected to legalize recreational marijuana next Spring.


Aurora Cannabis is one of 35 licensed producers of medical marijuana in the country. At its production facility in Cremona, Alberta, Aurora has ten rooms in which it cultivates its plants. The company has 7,700 registered patients. Health Canada, the government arm that regulates and oversees the marijuana industry, does not allow producers to advertise their products, but they can provide basic information on their websites, and now, their mobile apps.

In an email to Canada’s CBC News, a Health Canada spokesman said his department “does not have any concerns at this time” regarding Aurora’s app.

There are other weed-related apps on the iTunes store. Weedmaps is a marijuana directory, providing customers with the locations of doctors and dispensaries. Leafly also has a map function, but it also acts as a compilation of information regarding the thousands of strains of the drug. But according to Battley, his company’s app is the first to directly connect consumer to producer.

As cannabis laws continue to loosen in Canada and the U.S., expect to see more pot apps pop up in the near future.

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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At Oregon’s State Fair, a Groundbreaking Attraction: Marijuana Plants https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-state-fair-marijuana-plants/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/oregon-state-fair-marijuana-plants/#respond Mon, 22 Aug 2016 16:43:52 +0000 http://lawstreetmedia.com/?p=55013

The first state fair to feature the polarizing plant.

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Image Courtesy of [Unclever Monkey via Flickr]

A laser light show. Painting parties. Rattlesnakes and lizards. The 2016 Oregon State Fair is a diverse affair, set to feature the aforementioned activities and reptiles. And for the first time ever at an American state fair, according to its organizers, there will be an exhibit displaying live marijuana plants, with leaves but no buds. The exhibit is focused on promoting pot cultivation techniques. “It’s not to tempt people to use marijuana,” Donald Morse, executive director of the Oregon Cannabis Business Council and the exhibit’s organizer, told ABC. “It is to educate. Cannabis is Oregon’s newest farm crop.”

Oregon voted to legalize recreational marijuana in November 2014. It’s one of four states plus the District of Columbia to legalize the drug. State fairs are communal gatherings, where the latest in food and culture is often showcased side-by-side with local traditions. A public cannabis exhibit represents an important milestone in erasing the long-held stigma associated with pot since the days of “Reefer Madness.” This year’s exhibit is the logical next step from last year’s fair, which had marijuana information booths. A positive response from fairgoers last year allowed for live plants to be displayed this year, Morse said

Nine plants will feature at the fair, which begins on Friday in Salem, a city 50 miles south of Portland. Selected from a cannabis competition last weekend, the nine winning plants will evenly be split between sativa, indica, and a hybrid of the two varieties. Sativa and indica are two major species of the cannabis plant, distinguished by the appearance of their leaves and their psychological effects.

The Oregon Liquor Control Commission is still tweaking the state’s regulations regarding marijuana cultivation, transportation, and consumption. A spokesman said the commission hopes to have licensing laws and regulations finalized by 2017. The current code allows people to grow four pot plants in their private residence. But because a flowering plant–one with buds–is illegal to transport, the plants at the fair will be budless. Dan Cox, a spokesman for the fair, said the marijuana exhibit fits right into the ethos of his state’s annual event: “It is a showcase for traditional things. And yet it’s always been a showplace for the new, the different, and the innovative,” 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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The DEA Won’t be Reclassifying Marijuana Anytime Soon https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/weed/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/weed/#respond Fri, 12 Aug 2016 15:51:22 +0000 http://lawstreetmedia.com/?p=54812

It will remain a Schedule I drug, along with heroin and bath salts.

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Image Courtesy of [Bob Doran via Flickr]

There is a divide in America between how the federal government classifies marijuana and how some individual states do. And that divide probably won’t be bridged any time soon. On Wednesday, the chief of the Drug Enforcement Administration (DEA) wrote a letter to a trifecta of petitioners who sought to prod the institution into liberalizing its restrictions on the drug. Chuck Rosenberg, the chief of the DEA, wrote: “[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.” Marijuana is a Schedule I substance, which limits researchers’ abilities to study its medical properties, and of course, renders it illegal.

Governor Gina Raimondo (D-RI), Governor Jay Inslee (D-WA), and a nurse from New Mexico, Bryan Krumm filed the petition with the DEA, and were the fourth straight petitioners to be rejected for similar requests. In his letter, Rosenberg painted his decision as hardly a decision at all, but as a responsibility bound by science and the FDA’s conclusions regarding the lack of evidence in regards to any positive medical properties of the drug.

“This decision isn’t based on danger. This decision is based on whether marijuana, as determined by the FDA, is a safe and effective medicine,” Rosenberg wrote, “and it’s not.”

Marijuana’s classification as a Schedule I drug is a nearly 50 year-old demarcation defined under the Controlled Substances Act of 1970. The characteristics of a Schedule I drug, according to the CSA, include “a high potential for abuse,” “no currently accepted medical treatment use in the U.S.,” and “a lack of accepted safety for use of the drug or substance under medical supervision.” Rosenberg said the FDA upholds those standards in regards to marijuana, and the classification at this point in time remains the same.

“If the scientific understanding about marijuana changes,” he added, “the decision could change.” Heroin, LSD and bath salts are some of the other drugs classified as Schedule I. Cannabis is treated differently at the state-level, however. At the moment, 25 states and the District of Columbia have legalized medical marijuana.

And though there is no direct causal evidence that marijuana can treat specific diseases or disorders, doctors often prescribe patients the drug for pain relief. The American Academy of Pediatrics, while it opposes legalizing marijuana for recreational use, supports re-classifying the drug in order to allow for unhindered research. “The Academy supports further study of cannabinoids, which limited research to date shows can help specific conditions in adults,” the group wrote last year.

Rosenberg acknowledged the difficulty scientists face in researching marijuana, but said the DEA has “never denied” requests to study legally produced pot. At the moment, the University of Missouri has the only lab that can legally grow the plant for research purposes. Some analysts see the FDA and DEA as being in an intractable loop: the FDA can’t conduct research on marijuana because of how the DEA classifies it, and the DEA classifies it as such because of the lack of scientific literature proving it as safe and beneficial.

At this point, it might be Congress is the only means forward for loosening the restraints on marijuana research. It’s a largely bipartisan priority, and with five states voting this November to legalize recreational marijuana, the issue won’t be disappearing any time soon.

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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Once Marijuana Is Legal, Who Sets the Rules? https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/regulation-marijuana-legal/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/regulation-marijuana-legal/#respond Mon, 20 Jun 2016 21:08:44 +0000 http://lawstreetmedia.com/?p=53286

Who will lead in the wild west of weed?

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"LEGAL Colorado Marijuana Grow" courtesy of [Brett Levin via Flickr]

It is a foregone conclusion, less a question of if than when: marijuana will be legalized for recreational use across all 50 states. Three states–Washington, Colorado, and Oregon–have already done so. Medical marijuana is legal in 25 states and the District of Columbia. This fall, five states–including California, a heavily populated pot playground–will vote on measures to legalize the long demonized plant.

Marijuana is less stigmatized in popular culture and society than ever before. Studies of weed–though stymied due to federal classification of marijuana as a Schedule I drug, reserved for the most dangerous substances–have largely hinted at its curative properties. Weed is inevitably headed toward a legal, taxed, regulated market in the vein of tobacco and alcohol. What effects could that have on consumers? What dangers could it cause? How will consumers benefit from marijuana shifting from an unchecked black market to one that is legal and perhaps beholden to powerful interests? Law Street investigates:

The State-Level Model

In a 1932 case, Supreme Court Justice Louis Brandeis famously called states the “laboratories of democracy.” And so far, in the twilight years of marijuana legalization, states are the testing grounds for setting standards and establishing norms. Colorado and Washington were the first states to fully legalize recreational marijuana in 2012. Oregon passed a similar measure last fall. At the Brookings Institute in Washington D.C. last week, the authors of a paper on how special interest groups will shape the legal marijuana landscape presented their findings. They concluded, “the emerging model of state-level regulation provides valuable insulation against interest-group depredations.”

Philip Wallach, a senior fellow at Brookings and co-author of the paper, believes states can act as a bulwark against the potentially self-serving, damaging motivations of special interest groups, and sort through what works and what does not. During a panel discussion that followed the presentation of his paper, Wallach ticked off the benefits of a state-level model versus a federal one. A state model would “[offer] room for experimentation, limit the stakes of any misstep, and spread out the resources of interest groups, preventing them from concentrating their firepower,” he said. Decentralization, according to Wallach and his colleague Jonathan Rauch, co-author of the paper and moderator of last week’s panel, would make for a healthier and more robust legal marijuana market.

But Kathleen Frydl, a history professor at the University of California, Berkeley and author of “The Drug Wars in America, 1940-1973,” questions the ability of the state-level model to act as a decentralizing mechanism. She worries the best practices formed within states would be co-opted by interest groups regardless. Frydl argues that these groups might “then promote those best practices, or what they see as best practices, and the other states kind of fall as dominoes,” without taking statewide “indigenous concerns” into account. Interest groups would be, in effect, “ordering from a legislative menu.”

A member on one of two panels at Brookings last week and a “full-throated advocate” of legalizing marijuana, Frydl also expressed concern over the lack of watchdogs at the state level. But, she conceded, “state taxation is the principle way in which states can regulate marijuana” and regulation is “best maintained by a variety of state experiences.”

Misregulation vs. Overregulation

For Andrew Freedman, the last few years have been a “regulatory honeymoon period.” Freedman is the Director of Marijuana Coordination in Colorado, a role that did not exist until a few years ago. As the “marijuana czar” of the first state to legalize pot, Freedman has dealt firsthand with the trial and error regulatory process of marijuana legalization. He participated in both panels last week and provided insight into how easy it was for Colorado to pass new legislation to shape the rules of its growing marijuana market.

Good regulations are key to a thriving legal marijuana market, he said, but the challenge is “how to draw the line between what is overregulation and what’s running as fast as possible, as smart as possible to create a good guideline later on.” Since Colorado legalized recreational marijuana in 2012, the trailblazing state has tweaked rules and amended the initial legislation in an effort to find a regulatory sweet spot.

Originally, tourists in Colorado were only allowed to purchase seven grams of weed while residents could buy up to 28 grams. Now, both tourists and residents can purchase up to 28 grams. And after a number of incidents involving edibles and children, Colorado is lowering the concentration of THC–the compound in marijuana that has psychological effects–allowed in edibles sold for purchase. That measure will go into effect in October.

But Freedman understands the freedom to adjust and establish new norms will likely be short lived. In five years, as a legal framework is established and interest groups consolidate, he sees pushing new regulations as “day to day battles versus big pieces being moved.” A consolidated marijuana industry with increased regulations would create obstacles for new entrants and more hurdles for existing businesses. But according to Alexander Tabarrok, professor of economics at George Mason University and a member of last week’s panel,  stifling regulatory measures and barriers to entry could be a good thing for the marijuana industry. “Capitalism plus an addictive drug—is this really the best combination?” he said, “maybe sometimes efficiency is not the best thing, maybe innovation in all things is not always good.”

Big Marijuana

Like the tobacco and alcohol industries before it, some experts say the marijuana industry is headed down a road of narrow interest groups and concentrated power. Big Marijuana: where rules of the road are set by only a handful of national actors. In their new paper, Wallach and Rauch conclude: “Over time, multiple interests will coalesce and colonize the regulatory process.” But Big Marijuana does not have to be an inherent evil, said John Hudak, who also presented a paper at the Brookings event. “This idea that big is always bad is wrong, and that differently sized is good is also wrong.”

Big Marijuana has its advantages, he said. Powerful actors have more to lose, and thus more incentive to play by the rules. They also have a reputation to uphold, since consumers buy into their brands and care about their actions, forcing them to act with the public’s spending power in mind. Hudak, who wrote a book called “Marijuana: A Short History,” said that big firms will also have the advantage of pairing business acumen with marijuana know-how. “Not every marijuana grower should run a business, and not every businessman should be growing marijuana,” he said.

That business acumen could come with costs, however. Freedman is concerned that as national marijuana brands accrue capital and influence, they will follow in the footsteps of tobacco and alcohol brands that market to underage users and exploit people with abuse problems. “Those who have access to capital know how to do that in a much better way than those who don’t have capital,” Freedman said. He wasn’t the only panelist who expressed caution at the exploitative potential of powerful marijuana companies. Jeff Zinsmeister, vice president of Smart Approaches to Marijuana, opposes legalizing weed because legalization would “inevitably push marijuana into a model that is constantly going to be pushing the limits when it comes to targeting children and heavy users.”

Whatever forces end up governing the legalized marijuana market–a handful of powerful brands and interest groups; a smattering of smaller, statewide actors; or something else entirely–there will be a time in the not so distant future where the entire country recognizes the drug as a legal substance. And like tobacco and alcohol before it, marijuana will pose difficult questions for society, government, and industry 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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