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12 Romantic Valentine’s Day Ideas That Don’t Cost A Thing

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No, but really — how does a person have better sex or a better relationship? The Fresh Toast has enlisted Rachel Krantz, a sex writer and proud canna-enthusiast, to help readers out with some answers as its sex columnist. No question is off limits, and all questions will remain anonymous. Please send your sex and relationship inquiries to freshlove@thefreshtoast.com. Now, onto this week’s topic: Valentine’s Day and anniversary gift ideas that don’t cost a thing.


Q: Hey. So I saw your guide last week to Valentine’s Day gifts, but I’m really pretty broke right now, and as usual, I’ve left things till the last minute. It’s also just my luck that our anniversarry is the week after V-Day. I’m wondering if you have any ideas for Valentine’s Day and anniversary gifts that I could get my partner that would be more DIY and free. I want it to be nice, but not because I spent money.

A: Great question! While I did include some cheap things in my Valentine’s Day gift guide, it’s true — the best things in life are free. I’m a big fan of the free and sentimental gift, so here are a few ideas for some free gifts that will go a long way.

Give A Regularly-Scheduled Massage

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If you want to really be nice (and you’re prepared to follow through) give them the gift of a weekly or monthly massage. Even if you’re not that great at it, just use massage oil and you’ll get better eventually. On a selfish note, this is also a nice gift to yourself. Giving is a valuable skill to cultivate in yourself, you’ll be working your upper body strength, and yes — you might get laid at the end of it.

Write Them A Serious Love Letter

Getting a letter — not just a card, but a truly composed, thought-out letter — can mean a lot. Tell them what they mean to you in explicit terms; the stuff you appreciate about being with them you might think they might already know. Handwrite it once it’s composed on the computer, or at the least, print it out so that they can have a hard copy. It will mean a lot to them to hear you express your love and appreciation in more than cliched or funny terms. Spend time on it.

Make A List Of Reasons They Rock

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Similar to the letter, but for those of you that don’t feel like natural writers, this is a way to show your appreciation that will make them feel super-loved. Sit down, and try to make a list of everything you love about them. It can be all the really small things — even the way they hold a fork — and the big things, too. Chances are, you’ll end up with dozens and dozens of items, and if you handwrite it out, you can tell them to keep the list and remember to look at it whenever they’re doubting just how beautiful and awesome they are.

DIY Coupons

Make a stack of sexy coupons you’re prepared to have them cash in at any time (with your consent, of course). They could read “Dinner cooked by me,” “movie of your choice,” “role play of your choice” — whatever it is, give them a few options of  coupons they can cash in over the year.

Flowers Picked From Your Neighborhood

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Don’t have money for flowers? What about taking a walk around your neighborhood and picking some flowers and other plants to make a truly original bouquet? Extra points for gathering flowers from your favorite spots together. Adorable.

An Offer To Do The Chore They Hate

Does your partner always end up taking out the garbage? Do they hate grocery shopping? Offer to take the chore off their plate for a year — or even a month. It might end up meaning a lot to them.

A Special Date Night In

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My favorite dates are always the ones where my partner cooks me a delicious dinner, and then we sit on the couch smoking a J, listening to music, and talking. Plan whatever you know is their ideal night in. Cook them their favorite meal, and suggest you stay in and watch the movie of their choice, or talk, or play a board game — whatever you know their favorite thing is to do that they wish they could do more often.

An Unplugged Day In Bed

I’ve always had the fantasy that one day, I’ll just spend all day in bed with my partner, and we’ll agree only to emerge for food and water. We’ll just focus on getting to know each other’s bodies even more, and expanding our understanding of what the other person likes. If you think your partner might love a day just dedicated to sex, why not suggest an unplugged day where your only focus is each other’s bodies, the way it was in the beginning?

Act Out Their Fantasy

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If you know they have a role play fantasy — or have always wanted to try something in bed like being dominated — take this holiday as an opportunity to surprise them with it. Even if you think playing doctor is kinda silly, why not welcome them home from work with the surprise of already being in character? If they love the idea of being tied up, take the time to read more about how to properly dominate someone and use a scarf at home to do the job. Whatever it is, make it all about what they want — just be sure you can fully commit.

Offer To Help Them With Something They Dread

Similar to doing the chore they hate, this is an offer not to do the thing for them, but to help. Know they’ve been putting off doing their taxes or opening a 401k? Have your present be sitting down with them to get it done. Know they dread talking to their mom on the phone? Have your present be that they can always put the call on speakerphone and you will bear witness to the craziness and laugh about it later. The support will mean a lot.

Slip Them A Note Every Day

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If you really want to be romantic and think you can keep it up, slip a little paper note in their bag (ala Mom and the lunchbox) every day for a week, month, or even year. These don’t need to be long notes. Maybe one day it will just be an inside joke. Maybe another it will just say “you look beautiful today.” It really is the sweetness of the thought that counts.

Make A Romantic Presentation

If you’re a true nerd that wants to earn some major points without paying a thing, why not put together a slideshow presentation of your year/months in review? Compile old pictures, messages, and songs, and take them on a trip down memory lane, digitally. How adorable are you?


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6 Ways Fast Food Chains Are Getting Weird For Valentine’s Day

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You’re most likely not taking your sweetheart to a dinner date at a fast food joint tonight, but if you are, there’s no shame in that game. Don’t bag the doggy bag: Here are some of our favorite lowkey restaurants that are pulling out the greasy, fried stops for Valentine’s Day.

KFC Chicken Gram

Nothing says “I love you” quite like a box of fried chicken parts. Kentucky Fried Chicken’s hooking the hungry up with heart-shaped boxes full of finger-licking goodness. As AdWeek notes, there are three options for poetry, if you can call it that, inside the ‘gram. “Here’s to my friend who loves dark meat and white; The friend who makes a toast before our first bite.” Yeah, this better be a friendship bucket.

A Kiss For A Free Qdoba Burrito

Show up at Qdoba today and give someone a smooch to get a free burrito. They don’t care who you kiss, either: Your date in line with you, a friend, or your own damn cell phone because those count as partners now.

Pizza Pizza Heart-Shaped Pie

When a pizza delivery guy shows up at someone’s door and there’s foreplay involved, it’s usually a setup to an X-rated plot. The Canadian counterpart to Pizza Hut, Pizza Pizza, is bringing heart-shaped pies to homebody lovers for Valentine’s Day. Forty-seven percent of Canadians celebrating Valentine´s Day “would rather stay in and share a romantic evening at home, while 45 percent prefer going out to enjoy a nice dinner,” according the company’s press release. So let the people have it: Get cheesy.

Burger King Adults Only

Step aside, Happy Meal: Burger King is tossing sexy playthings into their special-edition Valentine’s meals. The set for a couple comes with two Whoppers, two packs of french fries, two beers, and a “romantic adult toy.” We’re gonna need more than two beers to make this less awkward. Sadly, these are only available in Israel locations, so the rest of us will have to bring our own toys to the drive thru.

McDonald’s Takes Reservations

Don’t let someone else steal your seat at the highly exclusive and typically waitlisted McDonald’s in Canandaigua, New York. Always wanted to take a date to a fancy fundraising dinner? They’re donating half of the proceeds to the Ronald McDonald House. Living the elite philanthropist life.

 Waffle House White Tablecloth Dinners

However you like to get it done—smothered, diced, covered, chunked, peppered, capped, topped or country—Waffle House can hook you up. The tradition continues for their super-festive annual fine-dining experience.

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3 Positive Signs From Trump Administration Regarding Legal Marijuana

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Donald Trump has had a tumultuous first few weeks as President with no shortage of stories for political junkies actively watching this young administration. Amid the chaos, three specific administration actions in recent weeks are beginning to shape what state-legal cannabis may look like under Trump.

Attorney General Jeff Sessions

Senator Jeff Sessions was recently confirmed as the U.S. Attorney General. Sessions is clearly not a fan of cannabis — as he once so crudely put it, “good people don’t smoke marijuana.”

Nonetheless, at his confirmation hearings, Sessions said that he would examine the Cole Memo, which is an instructional memorandum for federal prosecutors regarding how to prioritize prosecuting marijuana crimes in states with legal cannabis.

Under that memo, the Department of Justice has opted to stand down so long as states follow the enumerated enforcement priorities and so long as states have “robust” enough regulations to ensure sufficiently controlled marijuana marketplaces. As Attorney General, Sessions is free to retract that memo and its policies at any time.

Many believe though that Sessions will let the Cole Memo stand because it does not make economic sense to do anything otherwise. But so long as cannabis remains prohibited under federal law, there is a lot Sessions can do to disrupt this growing industry, and enforcement against select marijuana businesses is not off the table as a result.

Supreme Court Nominee Neil Gorsuch

In addition to Sessions as Attorney General, President Trump announced Neil Gorsuch as his choice to replace Justice Antonin Scalia on the U.S. Supreme Court.

Judge Gorsuch currently serves on the 10th US Circuit Court of Appeals. He was born and raised in cannabis-friendly Colorado and he lives in Boulder, Colo. Judge Gorsuch is a conservative judge who favors a strict reading of the U.S. Constitution, is wary of federal government overreach, is pro-business, and is an overall advocate for states’ rights on certain issues.

Overall, these viewpoints ought to combine for Judge Gorsuch taking a hands-off approach to cannabis. However, Judge Gorsuch has never publicly commented on cannabis legalization and, while he’s decided a few cases involving cannabis over the years, his opinions in those cases don’t provide much insight into how might rule when it comes to state marijuana legalization.

President Trump Gives Brief Opinion On Legalization

Right before the Super Bowl kicked off earlier this month, in an interview with Jim Gray of Westwood One Sports Radio, President Trump gave some slight insight into cannabis reform for the first time as sitting president. In that interview, Trump had this to say about an attempt by the NFL Player Association to reduce league penalties for cannabis use by NFL players:

“Well, I have no opinion on it. They’re going to have to take a look at that. They’re going to talk with the League, they’re going to be talking to, obviously, government officials wherever it may be. And when it comes up to the level of the presidency I’ll have an opinion.”

As a private citizen, Trump once advocated for the legalization of all drugs. As a campaigner for the presidency however, he constantly sent mixed messages, seeming to support medical marijuana while also being critical of recreational marijuana.

At this point, it is obviously difficult to predict where the Trump Administration will go on state-legal cannabis, but the overwhelming view among the cannabis lawyers at my law firm is that this is not a terribly important issue for President Trump and that means it is not an issue on which either he or his administration will be willing to stake much of his political capital.

Given his populist nature, if the overwhelming majority of Americans continue to support cannabis legalization and if cannabis legalization continues to generate jobs, we just do not see President Trump doing much if anything to try to stop the benefits of legalized marijuana.

Daniel Shortt is an attorney at Harris Bricken, a law firm with lawyers in Seattle, Portland, Los Angeles, San Francisco, Barcelona, and Beijing. This story was originally published on the Canna Law Blog.

Behold The Glass: The 7 Best Bongs on Instagram

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Of all the ways to smoke weed, taking a big ol’ bong rip is probably the most efficient. The rush of smoke filling your lungs, the large smoke chamber, the relatively cool smoke temperature—the water pipes really do give you the best bang for your buck, as far as highs go. It should be noted they aren’t for everyone, novices especially. But if you’re a bong person, you should consider upgrading from your standard piece to something more elaborate, like any of the seven unique pipes below that we found on Instagram.

Snow Bong

Who says you need to actually buy a bong? Instead you can just wait for a big snow storm and make your own.

https://www.instagram.com/p/BQVb1d5D9jm/?tagged=bongs

Elaborately Designed Bongs

Customizing your otherwise standard-looking piece is a great way to add some color to your smoking experience (and your home’s decor, if you don’t mind displaying it prominently). The designs on these three pipes should offer you some inspiration.

https://www.instagram.com/p/BQVYa0UjF2h/?tagged=bongs

Scary Teeth Bong

If you really want something unique and have extra cash to spare, you could go with an entirely custom job, like the colorful and scary teeth below. Just don’t be surprised by its strong bite…

https://www.instagram.com/p/BQU0j3TgNq2/?tagged=bongs

Test-Tube Looking Bongs

For the scientists out there who love to get blazed, why not invest in a bong that resembles a test tube?

https://www.instagram.com/p/BQUrU7lglVm/?tagged=bongs

https://www.instagram.com/p/BQUhkF6BKuL/?tagged=bongs

Plastic Bottle Bong

This one is for the MacGuyver-like smokers out there. It proves that no matter how limited your resources, you can probably find something lying around that you can convert into a bong.

https://www.instagram.com/p/BQUbEdLDGPv/?tagged=bongs

Hand Grenade Bongs

If you’re really looking to get “bombed,” you should get one of these bad boys.

https://www.instagram.com/p/BQULLCBDdxE/?tagged=bongs

How Marijuana Helped Men’s Warehouse Founder George Zimmer With Alcoholism

At almost 70-years-old, George Zimmer, the founding machine behind the Men’s Warehouse retail clothing chain, understands the importance of legalizing marijuana, regardless if its application is intended for medical or recreational purposes. It saved him from alcoholism.

In a recent interview with Business Insider, Zimmer, himself, admits to being an avid cannabis connoisseur, a love affair with the leaf that has been underway for the past five decades. It as during his college years that he first experienced the effects of marijuana, and it has been a mainstay throughout his adult life and into his golden years, he said.

Interestingly, Zimmer credits his relationship with the cannabis plant as being the saving grace behind his savage addiction to alcohol. Although the entrepreneur has had a proud spot on the wagon for somewhere around 35 years, he believes his sobriety would not have been possible without the ability to “transfer the addiction” to marijuana.

“The fact is — and I mean the scientific fact — [marijuana] is less toxic and dangerous than cigarettes and alcohol, which are the main drugs in the United States,” he said. “I refer to [marijuana] as harm reduction. So the way cannabis helps is, when you lose your job, you don’t go on a two-week bender.”

Research collected by the United States government shows that marijuana is indeed a safer alternative to alcohol. To date, there has been not a single overdose death associated with ingesting marijuana, while America’s insatiable thirst for beer, wine and spirits is responsible for claiming the lives of approximately 88,000 people ever year.

But old Uncle Sam still considers the cannabis plant to be one of the most dangerous drugs in the world, lumping it into a Schedule I classification under the confines of the Controlled Substances Act – a ranking that insists the herb has a high potential for abuse and no medicinal value, whatsoever.

The continued outlaw status surrounding marijuana stems from the pot propaganda that originated back in the 1930s with the help of federal narcotics commissioner Harry Anslinger. The misinformation that he helped feed the nation can be attributed to popular films like “Reefer Madness,” which was produced to give the viewing public the frightening impression that marijuana leads to violence and an overall junkie mentality.

It is the persistent demonization of the herb that, Zimmer says, inspired him to become a vocal advocate for legalization.

“I’m just following a kind of lifetime passion of mine to help correct this myth,” he said.


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Washington State: We’ll Fight Feds Over Legal Marijuana

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The tension over national marijuana policy got a little hotter on Thursday when Washington Gov. Jay Inslee took a swipe at the Trump administration over legal marijuana.

One day after the Senate confirmed Jeff Sessions as attorney general, Inslee threw down the gauntlet over the issue.

“Of the five or six fights they want to pick today, or any day, this is not the one they want to have,” Inslee said at a press conference. “They would be on the wrong side of history.”

The governor’s cannabis comments came after a full-throated defense of the state’s position regarding immigration. Washington was the first state to challenge President Trump’s executive order barring immigrants from seven Muslim nations.

After his immigration remarks, Inslee warned the federal government to keep its hands off the state’s legal marijuana laws. He said the state will try present the federal government with evidence of the program’s success.

Washington and Colorado became the first two states to legalize adult recreational use of marijuana in November 2012.

“Resistance is not futile,” Inslee said. “It is both necessary and productive and we will demonstrate that resistance everywhere, every way, every time we think that our interests our jeopardized.”

In the past, Sessions has made comments expressing his disfavor of legalization and cannabis use in general. But it is n0t clear what direction the Trump administration will go on the widely popular issue. Washington voters approved legalization handily, with 55.7 voting in favor and 44.3 voting against.

Nationally, support for marijuana legalization has never been higher. Last year, a Gallup Poll revealed that 60 percent of Americans want the plant legal.

“It would be political suicide for the Trump Administration to go against a campaign promise on a hugely popular issue that won even among their demographic,” said Troy Dayton, CEO of the ArcView, a cannabis research firm.

10 Reasons Why Your Dog Is The Ideal Valentine

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The beginning of the year can be stressful, with New Year’s resolutions and Valentine’s Day, which is a huge deal even if you’re one of those people who claims that they don’t care. Valentine’s Day is hard to forget and it sometimes adds all kinds of pressure on people.


Couples tend to become unbearable over social media and basically every store within sight is filled with teddy bears and heart shaped candies. The struggle is real.

We’ve concluded that the perfect date for the world and yourself is your dog. Don’t believe us? Here are some reasons that might change your mind.


via GIPHY

You Guys Are So Cute Together

Instead of becoming one of those people, you can treat your social media friends to a photo they might actually want to see. A cute selfie with your dog is never annoying or out of place, and you can be sure no one will be rolling their eyes at you and claiming that you’re looking for attention.

Exercising Together Is Fun

Dog parks are surreal places that make you feel like you’re somewhere where dreams can come true. Is there a better way to raise your spirits than to be surrounded by lovable pups?

No, there’s not.

Bring Your Valentine To Work

 


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Since V-Day is the type of boring holiday where you still have to go to work, you can bring your dog and add some pep to your co-worker’s step. They’ll be thankful.

Ordering Take Out Is Easy

You won’t have to share. Wait, yes you do.

No Judgement

Your dog won’t care what you’re wearing or how your hair looks. Spend the night in and catch up on a movie or your favorite show. You won’t be disturbed.

Cuddles!


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Dog snuggles are amazing. There are few things that are better than the moment when your dog falls asleep on your lap and you decide you’re not moving for the rest of the night.

No Fighting

It sounds a little bleak but be sure to enjoy the silent companionship that only a pet can offer.

There will be no arguing over which movie to pick, or which restaurant to go to. Just peaceful cuddles.

Quality Time At It’s  Best

It’s hard to remember to spend some quality time with your pet during the hustle of everyday life and work, but be sure to appreciate them on this special date. It’s good for your health!

Cheap Date

You won’t have to worry over chocolates, gifts and an expensive dinner. You’re dog isn’t after your wallet, and they won’t get offended if you don’t give them the most expensive gourmet treat.

Unconditional Love

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The best reason of all. Your dog will be over the moon just because they get to spend some alone time with you.

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Bartenders Share Their Favorite Ways To Drown Valentine’s Day Sorrows

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Sometimes, love hurts. But it hurts less when you have a drink to soothe the aching, numb the pain and mend a broken heart — if only for the night. Three bartenders offer up their remedy to Valentine’s Day with three lip-smacking cocktails, plus their suggestions on what to eat and watch, cocktail in hand. Here’s to love!

Midnight In Paris

Photos by Erin James

Recipe by Amanda Reed, Heartwood Provisions, Seattle, WA

  • 1 ½ oz bourbon
  • ½ oz Meletti 1870 Bitter
  • ½ oz cranberry liqueur
  • ½ oz lemon juice
  • ¼ oz honey syrup*
  • 3 drops rosewater
  • 1 red rose petal, for garnish

Directions: Combine all ingredients. Shake and strain into a cocktail glass. Garnish with rose petal. *For the honey syrup, combine equal parts clover honey and hot water. Shake or stir to mix.

Meet Cute Q&A with Amanda

Drinking and Eating: “This drink would be great with a fall/winter dish. [On the menu] we currently have a honey roasted duck breast with butternut squash, parsnip, huckleberry and Szechuan pepper jus. I think this combination would be epic.”

Movie Match: “The drink was named after the Woody Allen film. It’s a great film, and fitting a choice.”

Fantasy Patron to Drink With: “Thom York — I’m a huge Radiohead fan. Thom is an emotional and sentimental dude, I think he could appreciate the masculine/feminine nature of this drink.”

Lettre Écarlate

Photos by Erin James

Recipe by Paul Neuenschwander, Firehouse Hostel & Lounge, Austin, TX

  • 1 ½ oz gin
  • 1 ½ oz Roi Rene Rouge
  • ½ oz Licor 43
  • 1 lemon twist, for garnish

Directions: Combine ingredients into a mixing glass, add ice and stir. Strain and serve up with a lemon twist.

Meet Cute Q&A with Paul

Drinking and Eating: “I’d eat this with bloody red meat – you’ll note a colored theme here — or sushi.”

Movie Match: “I’ll just jump to Rom-Coms. ‘When Harry Met Sally’ is the best one ever made, so…”

Fantasy Patron to Drink With: “I’d make one for Audrey Hepburn and myself, and we’d drink it with a fine cigar before/during/after the above food pairings, and then we’d make love and fall asleep.”

The Heartbeet

Photos by Erin James

By Graham Hogan, Maria’s, Chicago, IL

  • 2 oz beet-infused vodka*
  • ¾ oz Raspberry-cilantro syrup**
  • ½ oz fresh lemon juice
  • Cilantro leaf, for garnish

Directions: Combine in a mixing glass, add ice and shake to mix. Strain and serve up in a coupe with a cilantro leaf garnish.

*For the vodka, wash and peel about 1.5 pounds of beets. Cut into cubes and put in a large sealable container. Add a bottle of vodka, and give it a shake. Put the container somewhere cool and dark for 3 days. Strain out the beets and re-bottle. The vodka should now be bright red and super earthy tasting.

**For the raspberry-cilantro syrup, you’ll need 1 cup sugar, 1 cup water, 1.5 cups of raspberries (fresh or frozen) and a handful of cilantro. Bring the sugar and water to a boil and add the raspberries. Simmer for about 20 minutes. Turn off the heat and add cilantro. Allow to cool, then strain through a fine mesh strainer without pressing berries and cilantro through.

Meet Cute Q&A with Graham

Drinking and Eating: “I would love to sip on this with a bangin’ New York strip, black and blue. “

Movie Match: “I don’t really care for romantic movies. I’d probably watch Total Recall.”

Fantasy Patron to Drink With: “Oscar Wilde. I think he’d be fun to have a drink with.”

 

Bite Me: A Cake Decorating Tutorial For Every Valentine’s Day Emotion

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An entire day celebrating romance is not for everyone’s definition of fun. And because sometimes eating an entire cake is the best part of the day, Seattle pastry chef Eric Todd has created a heart-shaped caked that, depending on how you’re feeling on Valentine’s Day, can be decorated to fit your mental state.

“Creating a light delicate cake for Valentine’s Day smothered with chocolate is the perfect way to treat your sweetheart,” says Todd, who helms the desserts at Cafe Pettirosso. “Inspired by classic, simple and elegant French pastries, this genoise is filled with sweetened whipped cream and fresh or frozen raspberries, and put to bed with a blanket of delicious chocolate glaze. ”

And of course, a Freudian, naughty suggestive sentiment like “Eat Me” or “Bite Me” may get you a Valentine’s kiss in a nice place, and I’m not talking about the kitchen!

Chocolate Genoise

  • 6 eggs
  • 1 cup granulated sugar
  • 5 oz. melted butter, very warm
  • 1 tsp pure vanilla
  • ½ cup cake flour, sifted
  • ½ cup unsweetened cocoa powder

Grease and line with parchment two 9” or 10” round or heart pans. In mixer bowl, whisk together eggs and sugar, stirring over a double boiler until steaming, 140 degrees.  lace on mixer with whisk attachment and beat on high speed until double or triple in volume.

On medium speed, pour in the melted butter in a steady stream. Add vanilla.  Fold in cake flour. Pour carefully into prepared pans. Bake at 375 degrees for 10 -15 minutes, until a toothpick comes out clean.  Cool . Heart shapes can be cut with a cookie cutter for smaller cakes, or make assemble one large cake.  Freeze the layers for easier handling.

Raspberry Whipped Cream

  • 1 ½ cup heavy whipping cream
  • ¼ cup granulated sugar
  • ½ tsp vanilla
  • ½ cup frozen berries, thawed and crushed

Whip the cream with the sugar and vanilla.  Fold in the berries.  Spread between the frozen cake layers, smoothing out the edges of berry cream on the sides. Place back in the freezer until solid or overnight.

Chocolate Glaze

  • 2 cups cream
  • 2 cups granulated sugar
  • 6 oz unsweetened chocolate
  • 3 Tbsp light corn syrup
  • 2 eggs
  • Pinch salt
  • ½ tsp vanilla

Whisk the eggs in a bowl with vanilla and salt.  Set aside.  In a saucepan, slowly heat cream, sugar and chocolate to a slight boil.  Remove from heat and slowly pour the hot chocolate mixture into the eggs to temper.  Return back to the heat and return to a boil.  Cool slightly to pour over the frozen cake on a wire rack, spread the glaze.

Extra glaze can be enjoyed in coffee or over ice cream.  Place your cake on a plate and refrigerate until served. Garnish as desired with fresh raspberries or other Valentine’s candy.

What’s In Store For Marijuana In The Sessions Justice Department

With Jeff Sessions at the helm of the Justice Department, many in the marijuana industry and advocacy movements are openly wondering what the future holds for cannabis policy. Given that guidance issued by the Obama Justice Department holds much of the industry together and functional, the prospect of a drug warrior Attorney General scares some and bewilders others.

RELATED: Sessions Is Done Talking: How Will He Act On Legal Marijuana?

The reality is this: no one knows what marijuana policy will look like under the new administration. And if the past year has taught us anything about American politics, it is this: when it comes to Donald Trump, don’t lob predictions. In place of such ill-advised predictions, I will offer some items to follow to better understand the direction of marijuana policy.

All The Attorney General’s Men

While the Attorney General is a powerful actor in our system, he is only one part of Justice Department and drug policy leadership. Moving forward, it is equally important to get to know appointees to other key positions in the Justice Department. That includes the Deputy, Associate, and Assistant Attorneys General. Understanding their positions on marijuana, other drugs, federalism, etc. can help inform what future policy may look like.

In addition, the president’s nominees to be U.S. Attorneys will shed light on Trump-era drug policy. While U.S. Attorneys across the country can have an impact on marijuana policy specifically and drug policy broadly, whom the president selects for key jurisdictions like the District of Colorado, the Eastern and Western Districts of Washington, and the four districts in California, could signal how aggressive the administration intends to be on existing cannabis operations. If the federal prosecutors in those areas are drug warriors, it could present challenges for the marijuana industry and the states that are regulating adult-use marijuana.

RELATED: Sessions Needs To Think Like An Accountant, Not An Attorney

Outside the Justice Department core, there are key presidential appointees who will have ample say in determining the Trump administration’s drug policy. The head of DEA (who will report to the Attorney General), the drug czar (the head of the White House Office of National Drug Control Policy), the FDA Administrator, the head of NIDA, and recently confirmed HHS Secretary Tom Price will each, individually and as members of the broader drug policy network, play key roles. As President Trump selects candidates for these positions, nominees’ backgrounds, histories, rhetoric, and (possible) voting records will be important to analyze. The manner in which these appointees agree or disagree with the Attorney General or prioritize different policies could enhance or hinder the federal government’s efforts to create challenges for the marijuana industry.

Sessions’ Speeches

As I have noted in a previous column on The Fresh Toast, Jeff Sessions’ Senate record and prior rhetoric may not ultimately look like his record as Attorney General. Every Attorney General needs to make choices and set priorities when it comes to law enforcement. Sessions has the opportunity to crack down hard on the marijuana industry, keep the Cole memo-status quo, or find some middle ground.

It will be some time until we have a complete understanding of Sessions’ marijuana policy. In the interim, it will be important to monitor his public statements on this issue and the audiences to which he makes such statements. A speech to a group of police officers may sound much different than a press release or guidance memorandum on official DOJ letterhead. Their impact may differ dramatically, as well. While Sessions will be the nation’s top law enforcement official, it is important to remember he is a politician who holds one of the most political roles in government. The Attorney General can set or reset the status quo on some of the most controversial issues of the day. In that vein, he will give speeches and saber rattle on a variety of topics, but his actions will always be more meaningful than the musings of a career politician.

That is not to say that Sessions’ rhetoric is meaningless and you should ignore him at all costs. The words of an Attorney General can impact police chiefs, local prosecutors, advocacy organizations, civic groups, and the public at-large. The Attorney General can create environments, attitudes, and biases, as well as inject enthusiasm for certain enforcement approaches and actions at will. Such power certainly demands close monitoring, even if it means sifting through some political fluff.

Where Sessions’ words should be taken most seriously is in communications with those who serve beneath him—and that’s a lot of men (and women) in black. The Justice Department boasts a team nearly 120,000 strong, managing a budget of nearly $30 billion. What Sessions states in administrative memoranda or in speeches or statements to U.S. Attorneys, the FBI, DEA, and other divisions and agencies in the Department can have huge effects for drug policy. You may not believe everything Attorney General Sessions says, but if his subordinates do and they act accordingly, it will quickly and significantly affect what marijuana policy looks like.

The Trump Card: Delegated Power

One of the most important ways a cabinet member can flex his or her policy muscles happens when a president delegates decision making. Yes, cabinet members don’t make bold policy decisions without a White House signoff. But, in areas where a president just doesn’t give a damn, cabinet members (and the relevant White House policy council) become more influential.

There is a lot in the Attorney General’s portfolio that President Trump is keenly interested in. On issues like perception of police and especially immigration, the Attorney General will have to accommodate clear and strong presidential preferences.

On marijuana policy, the president’s views are not well-known. And this is not a knock on the president. In American politics, presidents tend to have two views: fiercely anti-marijuana or vague. By the closing days of his administration, Barack Obama had found a notably pro-marijuana reform position; yet, that was a destination reached after a slow, eight-year journey of vague statements.

President Trump appears to be much like his predecessor. On the campaign trail, Mr. Trump at times endorsed states’ rights and at other moments spoke like a teetotaler (which he is). It is thus unclear whether Trump will prioritize drug policy as a critical White House issue or whether he will allow his Attorney General (and the other appointees with a hand in drug policy) to have free rein. The latter should likely alarm the drug reform community.

Yet, there is another more likely scenario in which presidential priorities benefit the marijuana reform community indirectly. In this case, the president need not have strong or clear priorities that limit Jeff Sessions’ or other administration drug warriors’ ability to crack down on the marijuana industry. The president may, instead, have a strong interest in focusing drug enforcement efforts on the opioid crisis in the U.S. According to 2015 CDC data, 13 of the top 20 states in per capita, age-adjusted opioid overdose deaths were states Trump won in 2016. There is serious outcry in many states for government assistance to deal with this crisis. It is hurting middle America and rural America in significant ways. Those outcries are likely something that President Trump responds to.

Yes, government officials can walk and chew gum at the same time—but it’s not always easy. Policymaking, especially drug policy, is a very political process. As I have described in my recent book, presidents spent much of the 20th century scoring political points by politicizing, demonizing, and criminalizing marijuana production and use. Trump too has the ability to score political points by dealing with the opioid problem. Because of the magnitude of this crisis, a serious effort to take it on would divert tremendous drug policy and drug enforcement resources. Federal law enforcement is a fixed sum game: every dollar spent on immigration policy or on dealing with opioids is one dollar less being spent on marijuana enforcement.

To understand what the Attorney General—and other appointees–will do with marijuana policy, one must take a serious look at what Trump’s priorities are with regard to other drug, law enforcement, and DOJ policy areas. It is foolish to predict what Jeff Sessions will do at the helm of Justice; it’s much easier to make sure you find all the tea leaves and read them.

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