While this preliminary injunction could be overturned and is limited to five geographic areas, it does not bode well for New York’s timeline.
By Ramsey Chamie and Daniel Shortt
On November 10, 2022, a federal judge temporarily stopped the Office of Cannabis Management (OCM) from issuing conditional adult-use retail dispensary (CAURD) licenses in certain parts of New York. The reason: the CAURD application contained NY residency requirements that may violate the U.S. Constitution (specifically, a court-created doctrine called the “dormant commerce clause”). A copy of the full decision is available here.
CAURD LICENSES
OCM plans to issue 150 CAURD licenses to qualifying applicants. A CAURD licensee will be able to operate an adult-use recreational cannabis retail store in the state of New York. The CAURD application window closed in September, but OCM has not issued any CAURD licenses yet.
OCM divided the state of New York into regions and plans to issue a specific number of CAURD licenses in each region. In their applications, CAURD applicants ranked their top 5 regions.
CAURD APPLICATION REQUIREMENTS
The CAURD Regulations include New York residency requirements. For example, an applicant must demonstrate “a significant presence in New York State, either individually or by having a principal corporate location in the state.” Also, qualifying CAURD applicant (or their parent, guardian, spouse, child, or dependent) must also have been “convicted of a marihuana-related offense in New York State” before March 31, 2021 (There are other NY-specific CAURD requirements, but we don’t need to go through them all here.)
VARISCITE LAWSUIT
CAURD applicant Variscite NY One, Inc. is 51% owned by an individual with a cannabis conviction in Michigan (and not New York). Variscite selected as its five preferred regions the Finger Lakes, Central New York, Western New York, Mid-Hudson, and Brooklyn.
In September, Variscite sued the state of New York on grounds that the CAURD rules are unconstitutional. Specifically, Variscite claims that the CAURD rules violate the “dormant commerce clause,” a court-created legal doctrine that is grounded in the Constitution’s Commerce Clause.
The U.S. Constitution contains a passage, commonly referred to as the “Commerce Clause,” which provides that “Congress shall have Power . . . to regulate Commerce . . . among the several States[.]” The U.S. Supreme Court has long interpreted this clause to include a corollary or “dormant” Commerce Clause which has the effect of prohibiting states from enacting laws inhibiting trade among the states.
In a recent case, Tennessee Wine and Spirits Retailers Association v. Thomas, decided in 2019, SCOTUS invalidated a two-year residency requirement for Tennessee retail liquor stores. In applying the DCC to case at hand, the Court wrote “if a state law discriminates against out-of-state goods or nonresident economic actors, the law can be sustained only on a showing that it is narrowly tailored to advance a legitimate local purpose.” SCOTUS determined that “Tennessee’s 2-year durational-residency requirement plainly favors Tennesseans over nonresidents, and found that the law was not “narrowly tailored” to advance a legitimate local purpose and invalidated Tennessee’s residency requirement as unconstitutional.
Put simply, the Constitution grants the federal government jurisdiction over any interstate commerce and if a state law or regulation prohibits or prevents interstate commerce by favoring its residents over the residents of other states, it violates the Constitution.
COURT FINDS NY RESIDENCY REQUIREMENT LIKELY UNCONSTITUTIONAL
In a 29-page decision, the Honorable Gary L. Sharpe of the United States District Court for the Northern District of New York granted Variscite’s motion for a preliminary injunction. Variscite essentially asked the court to stop OCM from issuing CAURD licenses in five geographic areas where it applied, while the lawsuit was pending.
Court’s do not issue preliminary injunctions lightly because it requires the court to act before each party has the opportunity to make its case at trial. A plaintiff seeking an injunction must meet several criteria, including their likelihood of success on the merits. As such, the court’s analysis in this case began with the question of whether Variscite was likely to succeed on the merits of its dormant commerce clause argument.
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In evaluating a dormant commerce clause challenge, a court first evaluates whether the challenged law discriminates against interstate commerce in favor of intrastate commerce or whether it regulates evenhandedly. The court determined that requiring CAURD applicants to demonstrate a significant presence in New York will have a “discriminatory effect on out-of-state residents.”
When a law or regulation has such an effect, it can only survive a legal challenge if it is “narrowly tailored to advance a legitimate local purpose.” It turns out that this was all that was required because, according to the court, OCM “not even attempt” to explain how its rules are narrowly tailored. When asked directly by the court, “defendants offered no cogent response.”
This is surprising. Whether or not you agree with OCM’s CAURD requirements, they should be able to at least develop several arguments as to WHY those regulations are narrowly tailored so not to violate the dormant commerce clause. After establishing a likelihood to succeed on the merits, Variscite succeeded in meeting the other criteria necessary to obtain a preliminary injunction in the geographic areas it applied.
BOTTOM LINE
New York regulators have made it a priority to issue CAURD licenses before the end of the year. While this preliminary injunction could be overturned and is limited to five geographic areas, it does not bode well for New York’s timeline. It could also open the door to other challenges to New York’s cannabis residency requirements.
We’ll continue to monitor this case and report as it develops.
Ramsey Chamie is a corporate and litigation attorney who focuses on complex cannabis and non-cannabis transactions and litigations. Daniel Shortt is a corporate and regulatory attorney based in Seattle, WA who works extensively with entrepreneurs in the cannabis industry. You can reach Ramsey and Daniel at (917) 764-4896 or info@gl-lg.com. This article originally appeared on Green Light Law Group and has been reposted with permission.
This time around, the proposed legalization measure was rejected by both marijuana opponents and advocates who argued that it was not comprehensive enough.
Arkansas voters defeated the recreational marijuana legalization ballot measure in Tuesday’s midterms. The measure failed to receive enough votes, surprising many as a recent poll showed a comfortable majority of likely voters had favored the ballot measure. On Tuesday, however, voting broke down with 57% against legalization and 43% in favor.
Arkansas was one of five states voting on cannabis legalization in this year’s midterms. Only Missouri and Maryland voted in favor of legalizing adult-use cannabis.
Photo by FatCamera/Getty Images
Why Did The Measure Fail?
This time around, the proposed legalization measure was rejected by both marijuana opponents and advocates who argued that it was not comprehensive enough, reported Arkansas Advocate.
Melissa Fults, an advocate for medical marijuana patients, was against Issue 4 though on Wednesday she said she’d help lead a 2024 initiative effort. She has plans to partner with the attorney who drafted the 2016 medical marijuana amendment and that they’d address Issue 4’s shortcomings.
What Was In Issue 4?
The measure would have legalized cannabis use for people 21 and older and would authorize the commercial sale of marijuana with 10% taxes. Of the collected tax revenue, 15% was set to be used to fund an annual stipend for all full-time law enforcement officers certified by the Commission on Law Enforcement Standards and Training that they’re in good standing.
Under the initiative, sponsored by the group Responsible Growth Arkansas, adults would have been allowed to possess up to one ounce of cannabis, while home growing would not have been allowed.
Furthermore, the measure would have enabled Arkansas’ current medical marijuana licensees to sell cannabis at their existing locations and establish one additional location for commercial sales only. An additional 40 licenses would have been granted to businesses via a lottery.
The Alcoholic Beverage Control (ABC) Division of the Department of Finance and Administration would have been in charge of regulating the program and issuing cannabis business licenses.
The measure did not contain any provisions for expunging or sealing past criminal records for cannabis convictions or providing social equity licensing opportunities for people from communities most impacted by the War on Drugs.
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What’s Next?
“We’ll have expungement, home grow and greatly expand the industry and make it more affordable for everyday people to get into the industry,” Fults said.
A campaign official for Responsible Growth Arkansas told the Arkansas Democrat-Gazette on Tuesday that the group could introduce another amendment to voters in 2024.
“We are proud of what we have done and the first time in history that this has been on the ballot, and we are going to go back and look back at what we can do next time and bring it back to the voters in 2024,” said Robert McLarty, campaign director for Issue 4.
Eddie Armstrong, chairman of Responsible Growth, didn’t confirm any plans for another amendment in two years, though he stated, “Responsible Growth Arkansas was committed to responsibly expand the adult use of cannabis in Arkansas, attempting to become the first southern state to pass this through a citizens’ driven initiative on the ballot. While hundreds of thousands of Arkansans supported this effort it came up short in the end. We thank all those who worked to place this initiative on the ballot and supported our campaign with their voice and their vote.”
Opponents Also Have Plans
On the other hand, marijuana legalization opponents believe in their strengths as well. Jerry Cox, director of the anti-marijuana Family Council Action Committee said the organization plans to continue to fight against legalization.
“Any future recreational marijuana effort will be hampered by the fact that wealthy donors spent over $15 million on this campaign and came away with nothing to show for it,” Cox said. “They will think twice before doing that again. They took their best shot and failed. We took their best shot and won. It will be interesting to see how much money future efforts will be able to raise.”
Photo by Olena Ruban/Getty Images
Previous Cannabis Efforts In Arkansas
After securing more than enough valid signatures, the initiative to legalize recreational marijuana was turned down by the State Board of Election Commissioners in August 2022. The commissioners dismissed the amendment citing the lack of certain guidelines as the reason. More precisely, the commissioner rejected the measure on the grounds of the ballot title not being clear enough in terms of its impacts, with the main issue being the level of THC allowed in cannabis edibles.
Several hours before the initiative was rejected, Governor Asa Hutchinson encouraged law enforcement to “stand firm” against marijuana legalization, saying “Marijuana is a harmful drug.”
Quickly after, Responsible Growth Arkansas filed an appeal with the Arkansas Supreme Court to overturn a decision by the Arkansas Board of Election Commissioners that ban a proposed amendment to reach the November ballot.
The Arkansas Supreme Court ruled in September that voters can decide whether to legalize recreational cannabis, after all, overturning a decision by the Board of Election Commissioners.
“We give the ballot title a liberal construction and interpretation in order that it secure the purposes of reserving to the people this power,” the courtsaid. “And we recognize that it is impossible to prepare a ballot title that would suit everyone. With these standards in mind, we conclude that the ballot title at issue is complete enough to convey an intelligible idea of the scope and import of the proposed amendment.”
Whatever happens next, it is clear that both proponents and opponents will continue to fight with all their strength for what they believe.
Voters in Maryland, Arkansas, Missouri, and North and South Dakota used their vote to make a decision about legalizing marijuana for recreational use. With most of the results in, it is clear that a majority of voters in Maryland and Missouri have given the greenlight to adult-use cannabis, while voters in the other three states have decided the contrary.
With these two additional states, the total number of states that will have legalized recreational cannabis will be 21 plus the District of Columbia.
About 12 million more adult Americans will soon be able to enjoy recreational weed, even though federal cannabis laws remain unchanged. Here are some views from key thought leaders regarding the mid-term election results.
Photo by Element5 Digital via Unsplash
Maryland Midterm Elections
“Maryland has officially become the latest state to legalize adult-use cannabis, and I am thrilled to see this state take steps toward social equity through cannabis legalization. Though this initiative’s framework is relatively bare-bones, I look forward to seeing how Maryland will structure their legislature for full adult-use cannabis legalization, and hopefully, they do so with social equity in mind.”
Jeffrey M. Zucker, Vice Chair, Marijuana Policy Project Board of Directors and President of Green Lion Partners.
Missouri Midterm Elections
“Congratulations to the citizens of Missouri for taking it upon yourselves to bring the important question of adult-use cannabis to the ballot and showing up in droves to pass such important legislation. Missouri continues down the path of normalizing cannabis consumption and we celebrate the Herculean effort that went into today’s victory.”
“I am disappointed by Arkansas’ failure to pass any adult-use cannabis initiatives this election season. This state has a long way to go in its efforts to right the wrongs of the war on drugs, but I believe in the cannabis activists working in Arkansas. I look forward to cheering on their progress in the future.”
Jeffrey M. Zucker, Vice Chair, Marijuana Policy Project Board of Directors and President of Green Lion Partners.
Photo by FatCamera/Getty Images
North Dakota Midterm Elections
“It’s unfortunate that North Dakotans will not have access to recreational cannabis for a little while longer. However, the success that New Approach North Dakota had in collecting signatures shows that there is significant support for recreational cannabis in the state. We look forward to a day when the shadow of the War on Drugs lifts over North Dakota.”
“It is disappointing that North Dakota has failed to legalize adult-use cannabis this election season. Despite this setback, cannabis activists have made massive.”
Jeffrey M. Zucker, Vice Chair, Marijuana Policy Project Board of Directors and President of Green Lion Partners.
South Dakota Midterm Elections
“We commiserate with the people of South Dakota over the failure of this recent legalization initiative. It’s unfortunate that it did not succeed and even more unfortunate that the matter was once again put to a vote after the success of 2020’s initiatives. This defeat is not the end and we believe that South Dakota will soon join the ranks of states that have legalized cannabis.”
“It’s a disappointment that South Dakota has — once again — failed to legalize adult-use cannabis. If there’s anything that these past election cycles have proven, it’s that cannabis activists in South Dakota don’t give up easily. I maintain hope for an adult-use industry in South Dakota’s future, and I know activists in the state will continue to do all they can to make this happen.”
Jeffrey M. Zucker, Vice Chair, Marijuana Policy Project Board of Directors and President of Green Lion Partners.
This classification of marijuana of a Schedule I substance poses all sorts of legal issues, from research all the way to a veteran’s right to use marijuana as therapy.
It is well known and generally accepted that active duty military service members cannot partake in even the slightest bit of THC. But what about once they retire? The subject of U.S. military veterans and their access to medical marijuana continues to be the topic of many debates and several proposed bills in congress. Where is the veterans and medical marijuana now legally? And where does it look like it might go>
As it stands today, military veterans are essentially subject to the laws within the states they live in, but no federal VA doctor is going to be recommending THC gummies. According to theUS Department of Veterans Affairs website, “As long as the Food and Drug Administration classifies marijuana as Schedule I VA health care providers may not recommend it or assist Veterans to obtain it.”
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This classification of marijuana of a Schedule I substance poses all sorts of legal issues, from research all the way to a veteran’s right to use marijuana as therapy. One might argue it is common medical sense that military veterans should receive any and all possible treatments available to them. Additionally, it is particularly taxing since cannabis has shown great promise when it comes to alleviating symptoms related to several issues that many veterans face.
According to NORML, veterans actually consume cannabis at higher rates than the general population. “Veterans often report using cannabis to treat symptoms of chronic pain and mood disorders, like post-traumatic stress. Clinical data supports the use of cannabis treatment for these indications.”
While the Veterans Affairs website also mentions that veterans won’t be denied VA benefits because of marijuana use, the fact that medical marijuana is not available as a treatment option has resulted in several drafted legislations.
There is the Veterans Medical Marijuana Safe Harbor Act, also referred to as theSafe Harbor Act, whose primary purpose is to allow veterans safe and easy access to medical marijuana through the VA. Veterans rights are also a strong point of focus in almost every marijuana legalization bill, including the democratic sponsoredCannabis Administration and Opportunity Act, and theStates Reform Act, which was introduced by republican congresswoman Nancy Mace of South Carolina. Both of these bills highlight the importance of veterans having access to medical cannabis.
“One of the other things that I’m really excited about that the state’s reform act does is it protects our veterans,” said representative Mace in a recent Q&A with The Fresh Toast a recent Q&A with The Fresh Toast. “So a veteran with PTSD can get a prescription at any VA in the country regardless of state law.” Mace, who recently won re-election, will be continuing to push for more support for her States Reform Act.
She mentioned a touching moment in DC during her campaign for re-election, when she was in a room with female wounded warrior veterans. “As soon as we started talking cannabis, the entire mood of the room shifted. We talked about it for the remainder of the time that we had, the rest of the hour.”
As conversations like that one continue to take place across the country, only time will tell what the future of these bills hold. But the public opinion continues to shift towards an eagerness towards legalization. The question is how quickly will lawmakers realize this will of the majority, because for many veterans, it can’t be realized quickly enough.
These are the major cannabis victories and losses that came out of the 2022 midterm elections.
The 2022 midterm elections were unique and historical for all sorts of reasons. Sure, there was the “red wave” that never came, but there were also ballot measures and victories that will change the trajectory of marijuana legalization in several states.
Two states, Missouri and Maryland, both voted to legalize recreational marijuana. Several others, Arkansas, North Dakota and South Dakota, shot down measures that would legalize recreational adult use marijuana in their states.
Photo by JGI/Jamie Grill/Getty Images
There were also some key wins for cannabis legalization advocates, which may help further the hope of cannabis legalization on the federal level.
Maryland Votes Big to Legalize Recreational Cannabis
More than 65% of Maryland voters supported a ballot measure to legalize marijuana in the form of a constitutional amendment on election day. You might be wondering what this means exactly going forward. “The constitutional amendment defines that recreational marijuana would not be legal until July 2023 for people 21 and over, subject to a requirement that the General Assembly pass legislation in its next session regarding distribution, regulation and taxation of cannabis,” according to theAssociated Press.
Cannabis is already legal to the North (New Jersey) and South (Washington D.C.). In fact, much of the North Eastern United States has gone green, with Pennsylvania being the largest exception, but more on the Keystone state later.
Missouri Legalizes Weed and Initiates Automatic Expungement
Missouri citizens voted 53.1% to 46.9% to legalize marijuana on election day. This decision is not only a victory for cannabis enthusiasts, but also for those who support criminal justice reform for non-violent cannabis crimes.
According to The Kansas City Star, “It will legalize recreational marijuana for adults over the age of 21 and create a licensing system for businesses who wish to sell or grow marijuana.” The Star also goes further, explaining that the law “allows for people with past non-violent weed charges to have their criminal records expunged.”
This is a major victory for those looking to destigmatize those convicted of low level marijuana crimes. Missouri also joins Alaska and other Red states in the recreational marijuana family, proving that legalizing cannabis is not as partisan an issue as many once thought.
Photo by FatCamera/Getty Images
North and South Dakota Both Vote Down Cannabis Measures
Both North Dakota and South Dakota had ballot measures that offered citizens the chance to legalize marijuana. Both ballot measures failed. In North Dakota, the measure failed by almost 10 percentage points. The South Dakota Measure to legalize adult use for those 21 or older lost by a much smaller margin of 52.9% voting “No” and 47.1% voting “Yes.”
While many were optimistic that these measures could pass, there are several reasons they couldn’t make it to the finish line. According toTIME, “The failure of three out of five of these marijuana ballot measures this year is largely due to lower voter turnout in a non-presidential election—and opposition from prominent conservative voices who were staunchly against the measures.”
Arkansas
There was high hope that Arkansas could be yet another red state to pass marijuana legalization measures this midterm election, but the Arkansas ballot measure lost 57% to 43%.
There are several possible reasons why this hopeful measure failed fairly considerably. From lower voter turnout (which is standard in a non-presidential election year), to an imperfect bill, there are plenty of places to point the finger. But the bill also received loud and considerable opposition. According to theTIME article,“Legalization efforts in Arkansas faced heavy opposition from groups like the Arkansas Family Council Action Committee, which worked with former Vice President Mike Pence to encourage citizens to vote no on the measure.”
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Cannabis Advocates Win to Fight Another Day for Legalization
John Fetterman flipped a senate seat in Pennsylvania, where recreational cannabis is still illegal, and marijuana is still criminalized. Fetterman has been an outspoken advocate for marijuana legalization, as we have previouslyreported, so it will be interesting to see what happens with cannabis in the Keystone state over the next four years.
CongresswomanNancy Mace, the republican congresswoman looking to move forward a bi-partisan federal cannabis legalization bill, won re-election in South Carolina. This will give her a chance to move forward with the States Reform Act. Democratic Senator Chuck Schumer, who is sponsoring his ownlegislation on the other side of the aisle, also won reelection.
Researchers found that sexual function in young people who use cannabis and alcohol more frequently was shown to be better than in those who do not use either.
Young marijuana enthusiasts and alcohol consumers have better orgasms and overall sexual function than those who abstain, according to a study undertaken in Spain, reported Marijuana Moment.
Researchers from the University of Almeria were inspired to tackle the controversy swirling around numerous previous studies that looked at the impact of cannabis and alcohol on sexual functioning, which disclosed both positive and negative effects. And so, Spanish researchers created a new observational study that concluded: “Sexual function in young people who use cannabis and alcohol more frequently was shown to be better than in those who do not use either.”
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Study Details – Reduction In Anxiety And Shame
For six months, researchers examined 185 females and 89 males between the ages of 18 to 30 who were either regular cannabis or alcohol users or non-users. The research excluded those who were using opiates or MDMA and those suffering from health conditions like depression and diabetes, as these are known to produce a negative impact on sexual performance.
“Sexual function is improved in young people who are high-risk cannabis consumers with a moderate risk of alcohol use, resulting in increased desire, arousal, and orgasm,” revealed the study, which was published in late December 2021 in the journal Healthcare. “This improvement is usually associated with a reduction in anxiety and shame, which facilitates sexual relationships.”
Cannabis consumers had better scores than non-consumers when it came to both the overall sexual functioning scale and subscales of arousal and orgasm. In addition, frequent cannabis users also had better functioning and arousal scores than those who consumed weed moderately.
There was no significant difference in scores between men and women.
“Our findings indicate that young people who use cannabis frequently, regardless of gender, have better overall sexual function,” according to the Spanish study.
What About Alcohol? Depends On The Amount
Surprisingly, alcohol use showed no notable differences in either overall sex function or any of the subscales examined. There were, however important differences based on levels of alcohol consumption, with heavy drinkers having higher scores on the total sexual function and arousal subscale, compared to those who did not consume booze at all.
Photo by Matthew Micah Wright/Getty Images
“The findings of this study revealed a higher score in sexual function, as well as arousal and orgasm, in subjects at risk of having cannabis-related problems and risk of addiction associated with alcohol consumption,” noted the study.
The researchers reported that they did not focus on the detection and consequences of heavy drinking and/or marijuana use such as the tendency to engage in less safe sex due to them being under the influence of either substance.
In conclusion, considering that these and similar results are often associated with less anxiety and shame in individuals who consume marijuana or alcohol, the study suggested that future sex education methods provide strategies that help people reduce shame and anxiety without placing them at risk of developing potential marijuana and alcohol dependency.
Marijuana can reduce pain and provide some additional benefits, such as relaxation, calmness, improved sleep, and many others.
The definition of a headache is a throbbing or constant pain arising from any region of the head, as well as the face or neck. Headaches can severely aggravate your quality of life. They make you irritated, tired, absent-minded, and unable to engage in your daily activities to the full extent. Even simple tasks such as shopping, watching a TV, typing, driving, etc., can turn out to be a nightmare when you suffer from a headache. But can marijuana help with headaches?
Some types of headaches, such as cluster headaches, migraines, hemicrania continua, thunderclap headaches, and others, may be tough to cope with, as they last longer and have more severe symptoms and intensity.
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In many cases, headaches can be relieved by taking an over-the-counter pain killer, resting, or reducing neck tension (a nice massage is always a good option). Unfortunately, common drug and non-drug interventions are not always helpful. Medications may be ineffective and cause side effects in some patients, leaving them one on one with their pain. However, it does not mean that pain is inescapable, as there are effective ways to relieve it through marijuana use.
The use of marijuana for migraine treatment has been widely reported in scientific literature. For example, a 2020 scholarly research by Cuttler and colleagues found that cannabis can reduce headaches and migraines by half. “Yes, even migraines!” confirms Tom Stevenson, CEO of Bonsai Cultivation. According to Stevenson, marijuana has a strong positive effect if used correctly and in appropriate dosages. This article explains why people can use cannabis for migraines and other types of headaches and what types are best for this purpose.
DISCLAIMER: This article is not intended to substitute professional medical advice but serves only for informing the audience. If you have a severe headache accompanied by other symptoms or cannot relieve it with available medications, we strongly recommend consulting with a healthcare professional.
Most Common Types of Headaches
Before we dwell in more detail on the pain-killing properties of weed, let’s discuss the most common types of headaches that can be addressed through marijuana use. Headaches are typically divided into two main groups:
Episodic headaches
Chronic headaches
The former group includes headaches that occur occasionally but no more than 15 days a month. They are usually milder than chronic headaches, which occur more often and are associated with severe pain that is difficult to manage.
Experts from Stanford Health Care explain that all headaches can also be divided into primary and secondary. Primary headaches are not a symptom of a more serious condition or disease. They occur due to the inflammation of pain-sensitive parts of the head and neck caused by unfavorable lifestyle factors (e.g., alcohol abuse, sedentary lifestyle, lack of sleep). Primary headaches can be easily treated with painkillers, including marijuana. According to Sheila Dedenbach from Heavenly Sweet, “Cannabis has anti-inflammatory and analgesic properties that help with headaches and is also a natural neuroprotector (our federal government holds patents for this very use), helping reduce the production of damage-causing compounds.”
Examples of primary headaches reported most often include the following:
Migraine
Tension headache
Cluster headache
Hypnic headache
However, headaches are not limited to these types. They can be caused by different factors (e.g., caffeine use, menstruation, etc.) and affect different brain parts.
Secondary headache signifies some serious problem in the brain. It can be addressed only by treating the underlying cause, such as a tumor, brain injury, aneurism, etc. Secondary headaches are excruciating and sudden, and they often require urgent care. Does marijuana help with headaches of this type? Although using marijuana in the case of secondary headaches to relieve pain may be dangerous and ineffective, someone who is undergoing treatment for a brain tumor can find cannabis to be helpful to alleviate symptoms.
How Exactly Does Weed Help With Headaches?
So, how exactly can weed help headaches? Scientific studies have shown that marijuana helps eliminate pain through inflammatory, glutamine, opiate, and serotonin pathways. Cannabis also possesses dopamine-blocking properties, helping to improve negative mood states in conditions such as anxiety, depression, and recovery from addiction.
How does weed help with headaches on the physiological level? The effects of weed on the human body are better understood if one looks closer at the so-called endocannabinoid system. This system located in the brain and spinal cord regulates numerous physiological processes, such as:
Inflammation
Pain
Stress regulation
Metabolism
Synaptic plasticity
Thermogenesis
Neural development, etc.
Cannabinoid 1 (CB1) and 2 (CB2) receptors constitute the core of this system. Cannabis modulates CB1 and CB2 during weed consumption, resulting in positive health effects such as relaxation and pain relief.
The best thing about all this is that marijuana can be used differently, depending on the severity of pain and personal preferences. The primary use of cannabis is via smoking, but vaporization and dabs are also very popular. Products using edible, oil-based, and topical forms of cannabis are also becoming more popular. They are widely used as first-line methods against headaches. Dried cannabis flowers, cannabinoid-rich oils, and topical products may effectively treat migraines and headache-related pain.
Experts confirm the effectiveness of different cannabis forms. Here are two excerpts illustrating it:
Another vital thing to know about cannabis is that its effects can be maximized when it is combined with other treatments and wellness practices. Sam McAdam from Floravega confirmed that it does not work in isolation: “While cannabis has been reported to aid in headaches, users must also take other factors into consideration such as hydration, nutrition, sleep, etc., and use cannabis in collaboration with overall wellness practices to feel their best.” Luc Krol from the Amsterdam Seed Center agreed and added: “Yes. Weed can help to get rid of a headache, depending on what kind of headache. For a hangover, smoke weed and DRINK WATER 😉”
So, don’t expect cannabis to instantly relieve pain and prevent future headaches because much depends on individual sensitivity, which is not yet fully understood. However, smoking marijuana in appropriate dosages and frequency can bring significant health benefits if you stick to a healthy lifestyle.
CBD Headache Treatment
Not all active ingredients contained in marijuana have the same effect and application for headache treatment. Cannabidiol (CBD), which is mainly used in the form of CBD oil, has been a popular remedy for headaches. This legally available, non-intoxicating ingredient has powerful anti-inflammatory properties and is not habit-forming, so you get all the benefits without health risks.
Research on CBD effects is scarce, but anecdotal evidence shows that rubbing CBD oil for migraines onto your forehead may have a desired calming and pain-killing effect. For example, CBD topical creams or ointments may help with tension headaches caused by tight neck muscles at the base of the skull. CBD may also reduce headaches’ symptoms, such as light and sound sensitivity and nausea.
Does CBD help migraine? Evidence to answer this question is lacking. However, CBD for migraines combined with other treatment options may bring optimal outcomes. For example, Anthony Bear, CEO of Bear Blend, acknowledged the positive effects of CBD on headaches and recommended complementing it with body practices: “It really depends on the person and the cause of the headaches. I would recommend long-term silent meditation to deal with chronic headaches.”
THC Headache Treatment
Tetrahydrocannabinol (THC) is another active ingredient of weed that positively affects headaches. However, it is not generally used for reducing pain on its own. THC and CBD are often combined to both prevent and treat headaches. Combining these components acts as good prophylaxis against headaches and relieves pain in acute headache cases. In fact, scholars found that CBD and THC combined are as effective as amitriptyline.
A word of caution about HTC is required, though. In some people, THC consumption may lead to addiction. Although many people don’t believe this, but it’s a well-established fact. A lot of work is focused on parental THC exposure effects on the offspring of users, which is especially vital for pregnant women who don’t wish to take meds for headaches.
Top 7 Cannabis Strains For Headaches
It is difficult to determine which cannabis strains and cannabinoid compounds are more effective for specific headache types. It all depends on multiple factors, so it makes sense to try different strains and dosages to find the option that works for you. Here is the list of cannabis strains that AskGrowers.com recommends to start with:
ACDC
This CBD-based strain has strong anti-inflammation effects, which explain its usefulness as a painkiller during headache episodes. It is widely used for relieving pain because, unlike many other strains, ACDC allows a person to stay focused and productive. So, if you are looking for pain relief and do not need psychoactive effects, ACDC may be the best option for you.
OG Kush
This strain also has enough CBD to reduce pain and inflammation. Accessibility is its main benefit, as you can easily find it in any local dispensary. It would be best to use this strain before the pain becomes full-blown.
Blackberry Kush
This stain contains more THC than CBC. Unlike ACDC, it can cause a powerful feeling of euphoria, which distracts from pain and relieves the muscles.
Harlequin
This weed strain has a balanced THC/CBD ratio, so you can enjoy its calming and pain-relieving effects without having to worry about a foggy mind and sedative effects. If you need to decrease pain to be able to complete your work or study, Harlequin is a good option. It will keep you alert and concentrated and remove the uncomfortable throbbing feeling in your head. Like OG Kush, Harlequin is most beneficial when taken soon after the first symptoms of headache occur.
Purple Kush
People suffering from migraines know how exhausting pain can be and how difficult it is to fall asleep when it is bothering you. Purple Kush is the weed strain most useful for people facing both pain and sleep disturbance. Dominated by THC, Purple Kush makes the body relax, which is crucial for falling asleep. However, this strain won’t take the pain away quickly, so it’s best to use it when you have time to relax and wait for the much-desired relaxation.
Good Medicine
A cross-breed between Appalachian and Harlequin, this strain boasts a perfect balance between CBD and THC. It means that it can both relieve pain effectively and help with sleep. It is excellent for those willing to remain active and focused throughout the day while also enjoying a good rest at night.
CBD Critical Mass
This is another THC/CBD balanced strain reducing inflammation and pain associated with headaches. You will get a gentle euphoria and mild pain relief, just enough to keep you going.
Can Weed Cause Headaches?
Although marijuana has a milder effect on pain than medications, it should not be overused. The problem is that weed consumption may either relieve pain or cause it. James from TJ’s Gardens explained: “I have heard this can go both ways – all dependent on the individual and the particular cultivar.”
Long-term modulation of CB1 receptors in the central nervous system due to regular marijuana use was found to increase the risk of headaches caused by medication overuse and rebound headaches in specific populations. Prolonged periods of exposure to marijuana or weed consumption in high doses may diminish the effectiveness of treatment. Situations causing rebound headaches include but are not limited to the following:
Increasing the dose too fast
Regularly exceeding recommended doses
Discontinuing treatment after prolonged (more than 1-month-long) use
Other scholars doubt that cannabis causes overuse headaches, making it superior to more conventional treatments. However, evidence in this regard is inconsistent. Until more evidence is available, it is better to reduce marijuana use and pay more attention to how pain manifests itself and in what situations. For example, pain occurring or intensifying after cannabis use may point to its overuse or improper use.
Conclusion
Headache pain can be debilitating and exhausting. It drains your energy and makes you feel dizzy and weak. If you do not want to take over-the-counter painkillers for some reason, marijuana may help you relieve pain. Does weed help headaches? Absolutely! It can reduce pain and provide some additional benefits, such as relaxation, calmness, improved sleep, and many others.
Finding the right THC/CBD and a suitable weed strain is important for enjoying the optimal benefits of marijuana. However, we discourage you from experimenting without consulting a healthcare specialist or your physician first. More importantly, if you have excruciating pain and other symptoms, which occur suddenly, it is better to ask for professional help.
It goes without saying moldy Colorado weed is bad for medical patients. The Colorado Department of Revenue (DOR) together with the Colorado Department of Public Health and Environment (CDPHE) has issued a Health and Safety Advisory regarding unsafe cannabis from a Colorado-based dispensary, Living Rose Wellness. Over 200 batches of cannabis were tested and found to have unsafe levels of mold, yeast, and aspergillus and were therefore declared unsafe for human consumption. Thankfully they are quick acting.
The Colorado Springs based dispensary which is registered as SJD, LLC did not adhere to MED Rule series (4-100) standards when submitting the batches of marijuana for testing. When the batches were retested, it was found that the safe limit, for total yeast, mold, and aspergillus, according to Colorado Marijuana Rule 4-115, had been exceeded. Fungus thrive in environments that have a high moisture content. Properly cured cannabis should have a moisture content of about 10%-12% to deter fungus growth.
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While most states agree that mycotoxin testing is necessary, the regulatory limits vary significantly from one state to another. States that test for aspergillus include Alaska, California, Michigan, Nevada, and New York. Labs need to use a testing method that is approved by the Association of Official Agricultural Chemists (AOAC® International).
DOR has advised the public against consuming the moldy cannabis products from the affected dispensary. Consumers are to return the products to the dispensary for proper disposal, they also have the option of destroying the cannabis at home. DOR has also directed that any adverse effects associated with the consumption of the moldy cannabis should be reported to Marijuana Enforcement Division.
Marijuana Patients Denied Organ Transplant Due to Risk of Aspergillosis
In 2017, a patient in Maine was removed from the Maine organ transplant list because of previous marijuana use. This story was first highlighted by CNN. The Maine transplant program took this drastic step after two patients (with previous marijuana use) succumbed to aspergillosis after receiving a transplant. In a press release statement, the Maine Transplant program stated that the patients can be put back on the list once they were off marijuana.
The aspergillus is a saprophytic fungus that is frequently found in soil and helps to eliminate carbon and nitrogen from the atmosphere. Aspergillus spores, which are very tiny, are easily spread by strong air currents in a grow room. While aspergillus spores may not cause harm in healthy individuals, they are likely to cause aspergillosis in immuno-compromised patients. Those consuming immunosuppressants are also at a higher risk for developing aspergillosis. Aspergillosis can be fatal when it impairs breathing or causes bleeding in the lungs. The aspergillosis can quickly move from the lungs to the kidney, brain, and even heart.
A study that was published in 2016 demonstrated higher incidence of invasive aspergillosis after kidney transplant. The outcome of patients who developed aspergillosis after kidney transplant was also poor. A different study also showed that aspergillus infection is associated with higher morbidities and poorer outcomes after lung transplant.
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Marijuana Use in Transplant Patients: Clarity Needed
A 2019 survey that was conducted by researchers in conjunction with the Executive Committee of the Infectious Diseases Community of Practice of the American Society of Transplantation sought clarity on marijuana use in transplant patients. The researchers observed a “discordance among transplant centers in their perceived risks of marijuana use as opposed to complications actually observed.”
Reducing the smoke you inhale, as well as controlling your dosage are both ways to ensure your body and brain enjoys the benefits of weed without the potential downsides.
Everyone who enjoys marijuana has their preferred method of consumption. In these advanced and semi-legal times, that can be anything from vaporizing to eating to drinking or even good old fashioned smoking. Each way of consumption has a high that kicks in a little differently and comes with its unique set of benefits and downsides.
While many of the pros and cons associated with how you consume your weed are minor and superficial, others are a bit more serious. In fact, the way you consume your marijuana can even affect how healthy (or unhealthy) the substance is for your body — even your brain. After all, all the organs that interact with THC eventually lead to the brain in one way or another. When it comes to eating or smoking your weed, which is better for your brain health?
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Why Smoking Weed Is Both Better and Worse for Your Brain
People prefer smoking weed instead of eating it for many reasons, but one of the main ones is the speed in which weed hits you when you smoke versus when you eat it. As we previously reported, smoking weed kicks in much faster than edibles. This not only allows you to get high quicker (which is often the goal), but it also prevents you from consuming too much THC at once. It is much easier to control your dosage and prevent overdoing it, which is great since overdoing it can have negative effects on the brain, including memory issues and paranoia.
Smoking weed, however, can do some real damage to your lungs. As we previouslyreported, cannabis can cause all sorts of lung issues over time. While these lung issues might seem bad enough to steer you towards a different consumption method, there is also evidence that suggests poor lung health can even affect your brain. According to the book An Overview and Management of Multiple Chronic Conditions, “Lung disease and impaired lung function were associated with greater risk of dementia and mild cognitive impairment through both Alzheimer’s disease and cerebrovascular aetiologies.”
While it might be easier to dose and get high quickly, the potentially compounding health issues with consistently smoking your weed might be why many consumers prefer to eat their THC.
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Edibles Are Smoke Free but Have Their Own Brain Baggage
Perhaps the biggest and most obvious brain and health benefit of eating your weed is that there is no inhaled smoke involved. By ingesting your THC you remove many of the potentially negative health effects that can damage your lungs and, in turn, even your brain. While this is great news for your lungs, consuming edibles comes with its own set of health risk factors that can mess with your brain.
According to the CDC, “edibles, or food and drink products infused with marijuana, have some different risks than smoked marijuana, including a greater risk of poisoning.” The reason for this, according to the CDC, is that because it can take up to two hours to kick in, novice users may consume more and more, resulting in a dangerous overconsumption. While cannabis overdoses (also known as acute cannabinoid overdose) are not a common symptom when consuming cannabis, and not directly life threatening, they can have negative brain effects.
Per Healthline, “The combination of the highly variable THC concentration and the long latency period of edible cannabis products makes them very easy to unintentionally overconsume, which can lead to unwanted symptoms, such as paranoia and impaired motor ability.” Paranoia and other mental problems are never good for your mental state or brain health, not to mention they completely ruin any chance of enjoying your experience.
In the end, careful consumption, regardless of how you consume your marijuana, is best for your brain and body as a whole. Reducing the smoke you inhale, as well as controlling your dosage are both ways to ensure your body and brain enjoys the benefits of weed without the potential downsides.
At an election eve campus rally, Joe Biden talked about the importance of students’ votes when it comes to decriminalizing marijuana.
Marijuana reform is in the hands of students, says President Biden and the reason he’s optimistic about this country’s future.
On Monday, President Biden attended a rally at Bowie State University in Maryland, one of the nation’s historically Black schools, where he momentarily broached the topic of marijuana and decriminalization.
“With your vote, I’m keeping my promise [that] no one should be in jail for the mere possession of marijuana, and their record should be expunged,” said Biden.
“Remember, the power is in your hands. You’re one of the reasons why I’ve never been more optimistic about America’s future.”
While the Biden administration hasn’t supported marijuana legalization outright, it is the most pro-cannabis administration in history, issuing pardons for non-violent cannabis convictions and often speaking up about the impact that the war on drugs has had on communities of color.
Biden has made it clear that he hoped to improve the lives of Black Americans with his pardons. While his support for the cause is only a first step, it represents an important moment.
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Earlier this month, Senate Majority Leader Chuck Schumer talked about passing a marijuana banking and expungement bill, which will significantly affect the lives of people involved in the cannabis industry and those who have non-violent records with the drug.
“I am working in a bipartisan way with Democrats and Republicans to take the SAFE Banking Act, which allows financial institutions to involve themselves in cannabis companies and lend money to them—but it also does some things for justice, such as expunging a record,” he said in a debate.
The bill is called the SAFE Banking Act and while it has passed the House, it has been stalled by the Senate time and time again.
