Why Other Countries Are Legalizing Weed Before The US

Marijuana Legislation

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August 18, 2022

Why Other Countries Are Legalizing Weed Before The US

The US has ample reasons to choose from, but has yet to pick one singular cause strong enough to push the country into a post-prohibition era for marijuana.

Marijuana policy in the United States has been in the news a lot, but often it is the lack of action the country is making that is making headlines. Whether it is the MORE Act floating in limbo and failing, and a strongly worded letter urging a change in marijuana laws to the President from his strongest allies, America’s federal policy on marijuana is not “visionary” at the moment.

While the nation and many of its individual states have changed significantly in the last decade when it comes to opinions on marijuana, it can be argued that federal policy has fallen far behind the American psyche, and perhaps even the global consciousness. While America maintains its timid stance on marijuana, surrounding counties have taken concrete action.

What reasons have other countries have found reasons to legalize and decriminalize marijuana while the US remains unable to find its rationalization?

illegal marijuana — Photo by ChrisSteer/Getty Images

Mexico

If you ask our closest neighbor to the south why legalizing marijuana is a good idea, the response will likely involve hopes of decreasing violent crime. Mexico’s supreme court voted 8-3 last year to decriminalize marijuana, thus legalizing its medical use and cultivation. This decision came “after advocates pushed for decriminalization as a means to reduce drug-fueled cartel violence in the country,” according to CNN. While drug-fueled violence was not the only justification for this decision, it is one worth noting in that the justification for a change in marijuana policy can come from all sorts of places.

Thailand

While the US continues its debate on marijuana, Thailand made history as the first Asian country to legalize marijuana on a medical level. The country has made it clear that smoking joints in public is still very much punishable by law, but it has legalized marijuana as medicine. Even if it is medical marijuana that has gotten the green light, Thailand can still use this as a chance to boost tourism.

“Thailand mainly wants to make a splash in the market for medical marijuana,” according to NPR. With so few places with legalized cannabis nearby, it has a great opportunity on its hands. After all, “It already has a well developed medical tourism industry and its tropical climate is ideal for growing cannabis,” the article continued. Thailand is also releasing many inmates serving sentences for non-violent marijuana crimes, which is something many American lawmakers are pushing for (still unsuccessfully) with marijuana decriminalization bills.

Malta

Thailand was not the only country making international headlines for its marijuana legalization. Malta became the first European nation to legalize marijuana in late 2021. While it has not opened up cannabis lounges or dispensaries, it has legalized usage and cultivation of cannabis. Its reasons for this are fairly similar to Mexico’s.

“The government said that the new law was aimed at ending the criminalization of people for smoking the drug and at reducing criminal trafficking,” according to the New York Times. Legalizing and thus regulating it, rather than fighting a criminal underground market seems to be a motivating factor in several countries that have legalized weed before the US.

Switzerland

Most recently, Switzerland lifted its ban on medical marijuana, and has thereby legalized medical cannabis as of August. The new move even allows for the export of medical cannabisallows for the export of medical cannabis. One of the main reasons for this shift, it seems, has to do with the growing popularity of medical cannabis and the increased level of administrative legwork that developed as a result of this popularity. “The Federal Council justified the legalization of medical cannabis in the country by stating that the demand for authorizations has increased in recent years. This entailed a considerable administrative burden and slowed down medical treatment,” according to Forbes. In 2019 alone, the health ministry issued 3,000 exceptional permissions.

There are a variety of reasons why countries are making major progress in cannabis legalization while the United States lags. From hope, to decreased crime, all the way to increasing medical tourism, the justifications are varied. The US has ample reasons to choose from, but has yet to pick one singular cause strong enough to push the country into a post-prohibition era for marijuana.

French Senators Call For Urgent Cannabis Legalization, Not Just Decriminalization

Benzinga Staff Writer

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August 18, 2022

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French Senators Call For Urgent Cannabis Legalization, Not Just Decriminalization

The senators rejected the notion of decriminalization, saying it is a demagogue option, which would perpetuate the existing ban.

By Joana Scopel

A letter published in the Le Monde explores several options for cannabis legalization in France. Through the launching of a consultation process, the European country seeks to culminate in proposing a new law to legalize recreational cannabis.

Among the 31 senators that co-signed the letter calling for the launch of the consultation process were Socialist, Ecologist and Republican groups, such as socialists Patrick Kanner, and David Assouline, senators from the North and from Paris respectively.

Decriminalization Is Not An Option

The senators rejected the notion of decriminalization, saying it is a demagogue option, which would perpetuate the existing ban. Days ago, Le Monde, which has called the current situation in France ‘unsustainable’, published the call to the senators, saying it is time to face reality head-on.

“Almost 18 million of our fellow citizens have used cannabis recreationally, according to a recent report by the National Assembly,” stated the senators’ report. “Although it is banned, 1.5 million consume it regularly.”

Indeed, Senators argue that legalization is a social issue that should be adopted by public authorities. According to them, the Government must respond to existing legitimate concerns.

“Decriminalization is a ‘cynical and populist’ option that is characterized by the maintenance of the prohibition with the elimination of the penalties incurred,” reads the letter. Moreover, senators continued saying that, “decriminalization merely buys social peace with a certain cynicism and they go on to categorically reject this demagogue and populist option.”

Paris, France — Photo by Florian Wehde via Unsplash

Legalization: A Solution To Protect Youth

According to the letter, this legal measure could be compared to existing public policies for tobacco and alcohol or even gambling. It also said that “legalization will provide the means to act more effectively to better protect citizens and especially young people.”

In addition, the senators concur that with legalization the state could obtain tax revenue, boosting the economy, especially in the areas of justice and law enforcement.

In 2019, 70 doctors, economists, and other professionals wrote a column in L’Obs explaining why they wanted to legalize cannabis.

This article originally appeared on Benzinga and has been reposted with permission.

Is It Good Or Bad For Society? Americans Are Split When It Comes To Cannabis

Maria Loreto

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August 17, 2022

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Is It Good Or Bad For Society? Americans Are Split When It Comes To Cannabis

A new Gallup poll shows that Americans are divided on cannabis and how it affects users and society at large.

A new Gallup poll shows that Americans are confused when it comes to cannabis and its effect on society. Results show that 49% of Americans consider cannabis to be a positive influence, while half (50%) consider it negative. When discussing marijuana’s effect on consumers, more than half (53%) of those polled consider it positive while 45% of them consider it negative.

The results were shared this week and show that marijuana consumers are more likely to have positive opinions of the drug, and that young adults are increasing in consumption numbers.

A deeper look at the results shows that opinions are largely based on whether or not those polled are marijuana users themselves. Adults who said they’ve tried marijuana (50% of them) believe the drug to be positive on users and society at large. Adults who haven’t tried marijuana tend to be more conservative, thinking the drug has negative effects.

Despite people’s personal opinions on the drug and its effects, the majority of people believe cannabis should be legalized. And even if they don’t think the drug is a positive influence on society or on individuals, cannabis is seen in a more positive light than alcohol.

Other interesting facts include an expected increase in marijuana experimentation and larger numbers of regular consumers of the drug, which stand at 16% and is the highest record yet. Marijuana consumers tend to be marijuana smokers, with 57% of them claiming to also consume edibles.

When discussing specifics like gender and age, men are more likely to say they’ve experimented with marijuana but cannabis consumers are split evenly between men and women. The age group that consumes the most marijuana is those aged 18 to 34. In terms of education level, adults with a college degree are as likely to consume cannabis as those who don’t have a degree. In the case of political parties, Republicans are less likely to consume cannabis when compared to Democrats.

While marijuana’s acceptance in society has been steadily improving, the laws that regulate it move slowly and are out of step. The fact that marijuana is illegal on a federal level is something that surprises people who are young and who live in states that have legal programs in place.

Weed Smokers Not Welcome In Thailand, Says Health Minister As Country Struggles To Revive Tourism

Benzinga Staff Writer

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August 17, 2022

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Weed Smokers Not Welcome In Thailand, Says Health Minister As Country Struggles To Revive Tourism

The number of visitors to Thailand dropped to 2 million in the first half of 2022 from nearly 40 million in 2019.

By Nina Zdinjak

Thailand’s health minister, Anutin Charnvirakul, said Wednesday that tourists visiting the country with the sole purpose of smoking marijuana are not welcomed.

“We don’t welcome those kinds of tourists,” Charnvirakul told reporters when asked about cannabis consumption as it regards tourists, reported Reuters.

The news comes on the heels of recent reports about cannabis cafes as a possible boost to the country’s damaged tourism industry. The number of visitors dropped to 2 million in the first half of 2022 from nearly 40 million in 2019. Locals were seeking to revive tourism through cannabis cafes that had already been attracting foreign visitors.

In 2018, Thailand became the first Southeast Asian country to legalize medical marijuana. Some four years later, it took those cannabis regulations to the next level and became the first in the region to decriminalize marijuana.

Soon thereafter, Thailand faced harsh criticism, mostly for the lack of cannabis regulations. While lawmakers are working on a new set of rules, both tourists and locals should be aware that some rules do indeed exist. For example, those caught smoking marijuana in public face a three-month jail sentence or fines of up to 25,000 baht ($705.82).

Anutin also said that recreational cannabis use can be examined once there is more research and a better understanding of the plant.

“It might come in the near future,” he said.

However, there are still countries dealing with the challenges of developing their own medical marijuana policies, and one aims to look to Thailand. Recently, neighboring Malaysia announced plans to learn from Thailand’s policy, as the country researches medical marijuana.

“We are developing our own framework for the usage of cannabis for medical purposes, and want to learn from Thailand,” a Malaysian official told Reuters on condition of anonymity.

This article originally appeared on Benzinga and has been reposted with permission.

Weed Etiquette For Roommates

Tom Gaffey

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August 17, 2022

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There are some drawbacks to living with another person, especially if you two do not live similar lifestyles or have different views on cannabis usage in the home. Here’s how to deal with it.

Marijuana legalization has liberated those who regularly use cannabis and live in states where it has recently become legal. While recreational marijuana has eliminated a lot of difficulties and roadblocks for those who indulge in smoking weed, it has created some new challenges, and magnified a few existing conflicts. One area that has grown increasingly more complicated is weed etiquette in the home when you have a roommate.

Having a roommate certainly has its pros and cons: they split your rent, walk your dog, and listen to you when you have something (or nothing at all) to say. There are, however, some drawbacks to living with another person, especially if you two do not live similar lifestyles or have different views on cannabis usage in the home. If you have a roommate, this might have you wondering what proper weed etiquette is these days now that we are in this new age of cannabis freedom.

Check the Lease

Before you start wondering what is polite or impolite, you should first determine what is allowed and what is prohibited in your rental. More and more properties have very clear smoking policies. No-smoking policies do not simply refer to cigarettes. They can also apply to marijuana, and do not necessarily have to specify the type of smoke, as long as they are specific about the rules.

How To Smoke Weed When Living With Parents Or Disapproving Roommates — Photo by cottonbro via Pexels

According to the legal website Nolo, “A clear no-smoking policy prohibits all forms of smoking, including smoking marijuana for medical reasons.” These no-tolerance smoking policies are quite serious.

If you signed the lease and agreed to no-smoking terms, the violation can land you on the street. “A landlord who has included a no-smoking policy in a lease or rental agreement can terminate the tenancy of or evict a tenant who smokes,” the article continues. Make sure you are aware of your lease and its fine print, especially if you have a roommate or neighbor who is likely to rat you out to your landlord for smoking.

Keep Things Ventilated and Prevent Secondhand Smoke

Once you establish what is allowed and what is forbidden, you can move on to the “should” and “should nots” of smoking weed when you have a roommate. One thing you should always make sure of before sparking up a joint in your home is proper ventilation. Proper ventilation will prevent smoke from circulating throughout the home. The best policy is to smoke by an open window with a fan on.

This is important, as your roommate might be worried about secondhand marijuana smoke. Getting high or failing a drug test from secondhand smoke is unlikely unless you are in a sealed room with lots of marijuana smoke. Even so, that does not mean a strong scent won’t upset or worry your roommate – especially if he or she may need to pass a drug test at some point.

According to Healthline, “catching a whiff of marijuana fragrance through your apartment window or entering a room where people were smoking several hours ago is very unlikely (maybe even impossible) to affect you at all.” So proper ventilation, and keeping the smoke flowing out the window as much as possible will help keep things safe and calm.

Smoking Marijuana — Photo by Fiordaliso/Getty Images

Kill the Smell

Ventilation also helps get rid of the smell, and the smell can be the biggest gripe from a roommate who doesn’t smoke weed. If marijuana smell and usage is causing friction in the home, do your best to eliminate the issue. The odds are, the smell of weed and accessories are the main source of frustration from your roommate. Keeping your weed and accessories stashed in your room out of sight is always the best policy to keep the home looking (and smelling) great for everyone.

As we have previously reported, there are all sorts of ways to get rid of and hide the smell of weed, from fragrance sprays to open windows.

Remember that even if weed is legal in the state where you live, it doesn’t mean you should be hotboxing your apartment, especially if you have roommates. If marijuana smoke is a point of contention between you and your roommate, consider alternatives like vaping or edibles. After all, marijuana should alleviate the stress in your life, not cause it.

Marijuana Workers Conflicted, Cash In Or Educate Customers?

Benzinga Staff Writer

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August 17, 2022

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Marijuana Workers Conflicted, Cash In Or Educate Customers?

By Joana Scopel

A new study by Dana-Farber Cancer Institute researchers indicates that despite a commitment by dispensary workers to educate users about medical cannabis, dispensaries often prioritize sales over education and the level of on-the-job training at dispensaries is notably uneven.

“If the results are confirmed by a larger, quantitative study, they obligate the medical community to ensure patients have reliable sources of guidance about medical cannabis,” said the study authors. ”Patients with cancer are using cannabis for medical purposes — and oncology teams tend to offer little guidance about its use — patients are often turning for advice from staff at cannabis dispensaries.”

About The Study

The study, published in the journal JCO Oncology Practice, is based on accurate interviews with 26 workers at cannabis dispensaries in 13 states. Researchers conducted phone interviews with employees on positions as managers, and consumer experience.

This Iconic Chain Restaurant Could Be Your New Dispensary — Photo by Health Korvola via Getty

“Our study opens the door to discussing that we as clinicians may not be able to completely defer responsibility for advising patients to the dispensaries,” said Ilana Braun, MD, the study’s first author and a physician at Dana-Farber and Brigham and Women’s Hospital. “We need to figure out ways to address this issue.”

The results revealed a hearty dedication to their field. However, inconsistent level of cannabis therapeutics training among dispensary staff was notorious.

“The dispensary personnel we interviewed are really passionate about what they’re doing and are trying really hard to give good advice. They’re working hard in their off hours, paying for their own coursework, and doing whatever they can to learn,” Dr. Braun added.

According to the researchers, dispensaries often make hiring decisions based more on sales skills than expertise in cannabis therapeutics. Many dispensary workers said that workplace training in cannabis therapeutics was unstandardized and weak.

“We’re hearing from patients that they want this information from their oncology team,” study co-author Manan Nayak, Ph.D., of Dana-Farber said.

“Right now, the system is set up so that everyone—oncologists and dispensary personnel—is working in silos. It falls to the patient to find out where to go, get information from dispensary personnel, try different products, and maybe report back to their oncologist. The onus is often on the patient to communicate with the dispensary. There needs to be a way to close the loop between the dispensary and the clinical team,” Nayak added.

More Legal Marijuana Equals Less Crime? Not So Fast — Photo by nattrass/Getty Images

The Key: Cannabis Education

A previous study by Braun and her colleagues noted that “although 80% of the oncologists we surveyed discussed medical marijuana with patients and nearly half recommended the use of the agent clinically, less than 30% of the total sample actually consider themselves knowledgeable enough to make such recommendations.”

In the absence of clinical guidance, dispensary personnel often become the default source of information on medical cannabis, the research suggested.

In a 2020 article based on interviews with cancer patients, Braun’s team found that almost all respondents received the majority of their medical cannabis advice from non-medical sources, primarily dispensary staff, on topics ranging from the doses to the properties of the different strains.

“If patients are being deferred to the dispensaries, we wanted to know who works there, how they’re trained, and what they tell patients with cancer,” Braun concluded.

This article originally appeared on Benzinga and has been reposted with permission.

A Walk After Eating Reduces Odds Of Getting This Disease

Maria Loreto

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August 16, 2022

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A Walk After Eating Reduces Odds Of Getting This Disease

New research shows that there are significant benefits to going for a walk right after a meal.

A walk after eating reducing odds of get this this disease. It is an activity that provides plenty of health benefits. According to some new evidence, when done right after a meal, the activity can help diabetics and can even prevent the appearance of type 2 diabetes.

Published in the journal Sports Medicine, the study was a meta-analysis of seven different studies. It found that walking had a direct impact on people’s insulin and blood sugar levels, thus impacting the risk of diabetes.

Eating This Meal Twice Might Increase Your Odds Of Cancer — Photo by Pablo Merchán Montes via Unsplash

While the studies had different participants and parameters, they tracked people’s responses after sitting, standing up, walking, and more throughout the day. In five of the studies, participants didn’t have diabetes or pre-diabetes, while in the other two they were accounted for.

Those who walked right after consuming meals saw gradual changes in their blood sugar levels. When these walks were committed within 60 to 90 minutes after a meal, results were even stronger and better for all involved. Results showed that benefits were reaped even after walking for 1 or 2 minutes after a meal, showing that everyone has control over this part of their diet and can complete a brief walk whether they’re in the office or at home.

These results are particularly important for diabetics, who must prevent sudden spikes in their blood levels. Still, they’re also beneficial to healthy adults, since these sudden changes can increase the risk of type 2 diabetes.

Aside from helping diabetics and those who are at higher risk for the disease, walks have been linked with a variety of positive behaviors, including maintaining your weight, improving your mood and energy levels, and positively affecting your cardiovascular health, which is the number 1 cause of death in the country.

Nitrogen Infusion In Cannabis: Debunking Myths

Cannabusiness

MyCannabis

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August 16, 2022

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Nitrogen Infusion In Cannabis: Debunking Myths

The average cannabis consumer is typically not educated on the use of nitrogen and why the gas is crucial in packaging

By Thom Brodeur

A sealed bag of potato chips isn’t really full of air–it’s loaded with nitrogen to protect those chips from losing their crispness. The “air” or empty space in the bag is what the manufacturing industry calls “slack fill.” For decades, the bags have been filled with this preservative gas to keep products fresh, and since it’s good enough for potato chips, here’s why it’s critical for cannabis.

When oxygen enters cannabis packaging, the flower is at risk of weight degradation, loss of freshness and susceptible to developing mold and other potentially harmful microbes. Nitrogen has been an extremely prevalent additive to food products and general consumer packaged goods globally for over a century. Nitrogen makes up 78% of the air we breathe – yet many consumers lack awareness of its impact on our packaging.

According to a survey conducted by the Brightfield Group, the average cannabis consumer is typically not educated on the use of nitrogen and why the gas is crucial in packaging. The survey questioned cannabis consumers and budtenders and found there are some common myths surrounding nitrogen:

First: Nitrogen is not safe to breathe in and is not environmentally friendly in my product’s container
Second: Nitrogen will freeze my cannabis product, and reduce or alter its potency
Third: When packaging is sealed with nitrogen, it creates an environment for mold growth

Nitrogen is a colorless, odorless, and tasteless gas that is found in all living things. It is safe to breathe in and ingest. In fact, the food and beverage industry has been utilizing the nitrogen dosing method for decades as it pushes any oxygen out of the packaging, preserving the contents inside. Like other food additives, nitrogen has gone through rigorous safety assessment before it is ascertained as safe for food use.

The Joint Food and Agriculture Organization / World Health Organization Expert Committee on Food Additives (JECFA) has evaluated the safety of food-grade nitrogen and considered that it is safe upon normal consumption when used in foods following Good Manufacturing Practice — the same applies to using nitrogen to dose cannabis packaging. So, the next time you crack open a cold beer, or order your favorite nitro-brew coffee, remember that the rich or creamy mouthful is contributed by the nitrogen.

Nitrogen does not have freezing powers in a gas form — in respect to the second myth — only as a liquid. The nitrogen does not affect the cannabis’ potency. By modifying the atmosphere inside the package, cannabis packaging with nitrogen preserves quality, slows down spoilage and extends the products’ shelf life. Nitrogen also cushions and protects the delicate flower inside from being crushed during handling.

Tackling the final myth, the package must be sealed tightly to prevent the nitrogen from escaping. Once the package is unsealed, the cannabis is exposed to atmospheric air containing oxygen and moisture. With the lack of nitrogen protection in a controlled environment, the contents are then prone to moisture pickup, spoilage and oxidation. Therefore, it is best to consume the products soon once the package is opened.

The next time you open a bag of potato chips and discover that the bag only fills about half of the package, you’ll know that it’s not just a marketing ploy to increase sales, but that the extra air space in the package is there for protection against damage during handling.

As the nitrogen infusion cannabis packaging industry advances, it will continue to consider how it might become a more recognized CPG product and embrace the technologies that CPG develops in order to gain customer acceptability.

This article originally appeared on MyCannabis.net and has been reposted with permission.

How To Choose Weed Other Than By Strain

Maria Loreto

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August 16, 2022

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Marijuana strains are the most straightforward way to catalog cannabis, even if these labels aren’t the most accurate.

Marijuana users and sellers put a lot of weight in strains. With more legal weed, these labels have become increasingly meaningless But not accounting for terpene levels and cannabinoids, they’re the easiest way of cataloging weed and its effects which helps buyers. But how to choose weed other than the strain?

Finding a different way to choose marijuana is not easy, but it’s possible if you account for different factors and are willing to approach cannabis through your senses. Here’s how to choose weed by judging for factors other than strain.

It’s all up to the brand

Why You Can't Buy Edibles In New Jersey — Photo by Stefan Tomic/Getty

Now that weed companies are popping up, cannabis growers and makers have a better understanding of cannabis. These brands are now trying to market the products in ways that are more accessible to different users, and more accurate to the experience of consuming them. Companies are now describing aroma profiles, taste, and more, trying to provide the most accurate description of products that gets people to purchase them.

Choose by smell and feel

The Incredible Truth About Marijuana And Bladder Cancer — Photo by Sezeryadigar/Getty Images

The smell and look of cannabis can help determine whether or not you’ll enjoy it or if you’ll like the taste. These factors also show whether or not the product is of good quality. Make sure the weed you want to buy has a strong and pleasant smell and that the bud is sticky and doesn’t fall apart easily in your fingers.

Know your terpenes

marijuana flower — Photo by Christina Hempfling / EyeEm/Getty Images

Terpenes are aromatic molecules present in different plants. In the case of cannabis, they affect its smell, taste, and effect, and are what makes one cannabis plant different from another. Terpenes’ interactions with cannabinoids are what produce the plant’s effects. You can read on more here to understand terpenes’ effects further.

Ask your budtender or your friends

Should Budtenders Be Required To Educate Public Over Health Effects Of Cannabis? — Photo by Heath Korvola/Getty Images

If you don’t know a lot about weed, it can be difficult to know what makes a cannabis bud good or bad, or whether or not you’ll like it. While cannabis affects people in different ways, someone’s opinion on the drug and the way it feels can help you determine if that’s something you’re interested in trying out.

Trial and error

Lastly, the best way to determine if you like a type of weed or not is to try it. It’s too simple an explanation but it’s the most accurate one, especially since weed expresses itself differently depending on the user. In short, if you like the way it smells and feels, you’ll likely like the way it affects you, so that’s a good place to start.

RICO Charges: Once Reserved For The Mafia Now A Familiar Anti-Cannabis Industry Tactic

Cannabusiness

Benzinga Staff Writer

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August 16, 2022

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RICO Charges: Once Reserved For The Mafia Now A Familiar Anti-Cannabis Industry Tactic

The cost of fighting charges can be staggering, making it a common tool of anti-cannabis movements and individuals.

By Andrew Ward

Charges stemming from the Racketeer Influenced and Corrupt Organizations (RICO) Act have long been a looming threat in the cannabis industry. Coming from civil, state and federal levels, the charges have been used as a method to stymie cannabis operations, whether just or not.

Established in 1970, US RICO charges were initially meant to pursue high profile mob bosses, but now cover a range of offenses, including gambling, money laundering, slavery, racketeering and a slew of other illegal business allegations.

To date, most cannabis RICO cases have been unsuccessful. Still, the process can do immense damage to brands.

legal marijuana — Photo by MasterKeySystem/Getty Images

While cannabis companies have turned the tables using RICO charges at times, the industry remains primarily in the crosshairs. In July, four Arkansas operators saw charges filed by three medical patients alleging overstated THC potencies.

Should The Industry Be Concerned?

Responses from operators and legal professionals varied when asked if the industry should fear or worry additional RICO charges.

Most agreed the still federally illegal industry faced risks for RICO and other federal charges. However, sentiment varied about who should be afraid, noting the importance of compliance and the largely failed track record of RICO charges so far.

“All cannabis companies should fear the potential of federal organized crime-type charges,” said Papa & Barkley CEO Guy Rocourt, noting the ongoing federal laws against cannabis.

Meg Nash, counsel for firm Vicente Sederberg is also concerned about federal law.

“As long as cannabis remains federally illegal, there is always some risk that aggrieved individuals will seek to use the RICO statute as a basis for asserting claims against cannabis brands.”

Nash added that RICO cases against cannabis companies have traditionally not fared well for the Feds, “due to the many elements that comprise the cause of action.”

Recent examples include a California federal judge acquitting a cannabis company on charges of moving products on a shared road in Santa Barbara County, with the judge noting the county failed to demonstrate the harm it experienced.

In May 2020, 226 Orgeon cannabis companies beat racketeering charges filed by a woman claiming that a nextdoor cannabis processor had harmed her in some way in 2018.

Victory for the prosecution comes at a cost as well.

“The reality is federal RICO Act civil suits are very costly to initiate and prosecute and very difficult to win,” said Craig Small senior attorney at Clark Hill’s Denver office. Small said most federal RICO civil suits are dismissed with a small fraction resulting in settlements or judgments against the defense.

legal cannabis marijuana — Photo by matt_benoit/Getty Images

Despite the reported low success rate, RICO charges can damage acquitted parties.

Clark Wu, Esq., an attorney for Bianchi & Brandt, said “cookie-cutter allegations” with focuses on security or nuisance-type charges, like alleged odors, have not fared well in court.

Still, the cost of fighting charges can be staggering, making it a common tool of anti-cannabis movements and individuals. If a company loses their case, it can be on the hook for up to three times the damages. Win, and the company must face expensive legal bills.

Facing expensive outcomes either way, Wu noted that many cannabis brands opt to settle before reaching court.

Mislabeled Cannabis Products

Wu said that the Arkansas case follows similar charges regarding the illegal status of cannabis operations. However, he said “the suit pivots from the traditional angles to attack a trending issue: the inflation of THC claims in cannabis products.”

Mislabeling has been an ongoing issue with various cannabinoids.

In recent years, the CBD space has found itself in the crosshairs of damning studies:

A 2017 Penn University analysis of CBD products sold online found fully 70% were mislabeled.
In 2022, Johns Hopkins Medicine researchers tested more than 100 OTC CBD products. Only 89 of the products listed CBD potency on the label. Just 24% of products were accurately labeled, with in-store products averaging 21% more CBD than advertised.

From labs to sales shelves, the willingness to misrepresent products appears to stem from a desire to appeal to customers and stay in business.

Roger Brown, president and founder of ACS Laboratory said the sources of mislabeled products come from growers and suppliers seeking labs willing to produce higher THC results. He reports losing “significant business” as companies seek to work with labs providing the most favorable THC and cannabinoid profile results.

Brown pointed to certain state budgets that prevent adequate enforcement.

“The regulators look at the results, chromatograms and data but not how the data is gained or gathered,” he said, adding the status quo breeds contempt for the program’s rules and regulations.

Most professionals Benzinga spoke with indicated they felt that RICO charges were extreme in cases like the four Arkansas operators. However, they believe that some form of punishment is needed to deter any industry long-struggling with mislabeled products.

Marijuana Underage Sales Check Experience A Drop, Concerning Marijuana Regulators — Photo by Megaflopp/Getty Images

Brown feels additional charges will come to brands alleged of knowingly misrepresenting products. Not everyone agreed.

Matthew Morgan, a cannabis industry advisor who has helped co-found several brands, including Ignite International Brands Ltd and Green Axis Capital, views Arkansas as an isolated incident.

“I believe cannabis is very low on the list of priorities for the Federal Government,” said Morgan, noting that regulators “Have much bigger concerns to address.”

No matter the case, Vicente Sederberg’s Nash does not see much of the industry at risk, noting a largely industry-wide compliance to state and federal rules.

“To the extent that any cannabinoid misrepresentation occurs in the cannabis space, it is the exception and not the rule,” said Nash.

This article originally appeared on Benzinga and has been reposted with permission.

The Fresh ToastThe most trusted name in cannabis

Why Other Countries Are Legalizing Weed Before The US

The US has ample reasons to choose from, but has yet to pick one singular cause strong enough to push the country into a post-prohibition era for marijuana.

Mexico

Thailand

Malta

Switzerland

French Senators Call For Urgent Cannabis Legalization, Not Just Decriminalization

The senators rejected the notion of decriminalization, saying it is a demagogue option, which would perpetuate the existing ban.

Decriminalization Is Not An Option

Legalization: A Solution To Protect Youth

Is It Good Or Bad For Society? Americans Are Split When It Comes To Cannabis

A new Gallup poll shows that Americans are divided on cannabis and how it affects users and society at large.

Weed Smokers Not Welcome In Thailand, Says Health Minister As Country Struggles To Revive Tourism

The number of visitors to Thailand dropped to 2 million in the first half of 2022 from nearly 40 million in 2019.

Weed Etiquette For Roommates

There are some drawbacks to living with another person, especially if you two do not live similar lifestyles or have different views on cannabis usage in the home. Here’s how to deal with it.

Check the Lease

Keep Things Ventilated and Prevent Secondhand Smoke

Kill the Smell

Marijuana Workers Conflicted, Cash In Or Educate Customers?

About The Study

The Key: Cannabis Education

A Walk After Eating Reduces Odds Of Getting This Disease

New research shows that there are significant benefits to going for a walk right after a meal.

Nitrogen Infusion In Cannabis: Debunking Myths

The average cannabis consumer is typically not educated on the use of nitrogen and why the gas is crucial in packaging

How To Choose Weed Other Than By Strain

Marijuana strains are the most straightforward way to catalog cannabis, even if these labels aren’t the most accurate.

It’s all up to the brand

Choose by smell and feel

Know your terpenes

Ask your budtender or your friends

Trial and error

RICO Charges: Once Reserved For The Mafia Now A Familiar Anti-Cannabis Industry Tactic

The cost of fighting charges can be staggering, making it a common tool of anti-cannabis movements and individuals.

Should The Industry Be Concerned?

Mislabeled Cannabis Products

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