The Kentucky Derby is the pinnacle of horse racing – but will marijuana make an appearance?
House racing is highly popular sports with over 45,000 races run in the US and Canada last year. The Kentucky Derby is the pinnacle of horse racing in North America, but most major metro hubs have some type of opportunity. Globally it is a $400 billion industry with tens of millions of people watching. But are they off to the horse races with cannabis?
The biggest horse racing party is the Kentucky Derby and the Infield (the area inside the track) is a huge one with beer trucks, Mardi Gras bead shenanigans, and maybe a little whiff of weed. While Churchill Downs, where the race is run, bans all smoking, vapes, gummies and more make the way in. The same is true across the realm. But what about those in the race?
Horse racing is an intense activity for the animal, and increasingly, horse owners are adapting human products (either medical marijuana or hemp) for their athletes. Recovery, hydration, inflammation and pain management are all benefits for the horse if done with the correct dosage. Additionally, it is seen as a potential for calming a horse.
Like the human mass market, CBD is leading the way. But the efficacy and safety of some products is questionable, due to very little research and supervision. Until the passage of the 2018 Farm Act, it was illegal to possess or conduct research on hemp as well as marijuana. Like the NFL, owners should be aware CBD and THC cannot be used in when competing, and if CBD shows up on a drug test that horse may be disqualified.
With rescheduling, there should be more research done regarding CBD and THC’s benefits to animals, especially pets and horses. Before administering CBD to horses, horse owners should first consult with a veterinarian.
Additionally, jockeys are banned from using cannabis while racing. This falls inline with the current global sports guidelines. CBD has been used in helping with recovery, but it can not be used prior to the race, especially if you are looking at winning.
The Cannabis world is going through another big change with the potential of rescheduling – but what does it really mean?”
The Fresh Toast – The cannabis world is going through another major change, so what is the future of cannabis after rescheduling?
The Drug Enforcement Administration (DEA) is moving for cannabis to be rescheduled. The anticipated rescheduling follows the Department of Health & Human Services’ (HHS) August 2023 recommendation, based on scientific support for the rescheduling from the FDA, that cannabis be rescheduled under Schedule III of the Controlled Substances Act. Cannabis has remained a Schedule I substance since it was originally “temporarily” classified as such by the Controlled Substances Act of 1970. Schedule I drugs are defined as having no currently accepted medical use and a high potential for abuse, with other Schedule I drugs including heroin and LSD (despite cocaine, fentanyl, and other potentially dangerous drugs being in less restrictive drug schedules). The status of cannabis as a Schedule I drug has long been criticized, particularly as more and more U.S. states legalized cannabis for medical and recreational use.
From a consumer standpoint rescheduling will not actually legalize cannabis. At least not in a way forcing States in which cannabis is currently prohibited to immediately change course as a direct result of rescheduling. Instead, those States are likely to continue cannabis prohibition (though this momentous step may influence further states to legalize). Similarly, states with state-legal cannabis programs will likely not immediately change from a consumer perspective, although further regulation or even a reduction in product pricing due to cannabis no longer being subject to section 280E of the Internal Revenue Code (discussed in detail below) may soon follow.
There is more going on the business side with rescheduling. Falcon Rappaport & Berkman LLP has reviewed the process and outcomes.
Taxes
The most significant consequence of cannabis rescheduling will be the immediate removal of cannabis from the reach of I.R.C. Section 280E, which is arguably the greatest burden on state-legal cannabis operators. Section 280E prohibits cannabis businesses from writing off many business expenses when calculating their net profit, which has resulted in vastly higher taxes as compared to similar non-cannabis businesses. Instead, section 280E only permits a deduction for the Cost of Goods Sold (COGS) for any business trafficking in any controlled substances (i.e., drugs listed on Schedule I or Schedule II). Despite cannabis businesses operating under state-legal programs, they are considered “trafficking” and cannot take ordinary business deductions. Allowing cannabis businesses to deduct all ordinary and necessary business expenses, and not just COGS, will help to even the playing field with nearly every other legal business.
Federal Illegality
As discussed from a consumer standpoint, rescheduling cannabis does not affect the overall federal illegality of cannabis. This means that state-legal cannabis businesses will not automatically be federally legal, as their federal illegality will continue under Schedule III. While Schedule III drugs may be legally prescribed and sold under federal law, the various restrictions (such as requiring FDA approval of any such Schedule III drug and DEA registration of a distributor) mean that your average dispensary, even medical dispensaries, will still be federally non-compliant. For these same reasons, the reclassification to Schedule III does not mean that marijuana grown pursuant to state programs can be sold in interstate commerce. Marijuana products, even under Schedule III, are only federally legal if they are federally approved and there are only three FDA-approved cannabis-based drugs developed to date (Marinol, Epdiolex, and Syndros).
The United States Patent and Trademark Office (USPTO), the agency tasked with examining federal trademark applications, has generally required use of a mark to be lawful under federal law in order to receive federal trademark registration under the U.S. Trademark Act (see Examination Guide 1-19). The federal illegality of cannabis has thus prevented trademark registration in connection with most cannabis products. Unfortunately, cannabis rescheduling will not remedy this issue. Even in Schedule III, cannabis products would have to be federally lawful, with lawful use of a Schedule III drug requiring FDA approval.
Entitlement to Federal Bankruptcy Protection
Currently, plant-touching cannabis companies are not entitled to federal bankruptcy protection. That is because the U.S. Bankruptcy Code requires that bankruptcy plans are “proposed in good-faith and not by any means forbidden by law.” Since even state-regulated cannabis companies violate the federal Controlled Substances Act (CSA), they are disqualified. Unfortunately, rescheduling to Schedule III of the CSA alone will not likely solve that barrier to bankruptcy. While some have argued otherwise, the fact is that to manufacture, distribute, or dispense a Schedule III Controlled Substance, businesses must be registered with the Drug Enforcement Administration (“DEA”). Any business or person not registered with the DEA is not authorized to manufacture, distribute, or dispense it. Meaning that violations would likely constitute an unlawful act under the CSA. Consequently, an attempt by the non-complying business to commence a voluntary petition seeking federal bankruptcy protection will likely result in a motion to dismiss the case by the U.S. Trustee’s Office.
However, in light of a recent trend among bankruptcy court’s in allowing ‘one-step-removed’ distribution of cannabis-related assets, federal rescheduling may very well result in a more liberalized approach to administering bankruptcy cases so that bankruptcy judges will be more willing to look past the issue of marijuana’s federal illegality.
Status Quo
There are several aspects of the existing cannabis industry which would not be immediately changed by rescheduling cannabis to Schedule III. Ongoing banking issues including the lack of access to standard commercial bank loans and lines of credit would likely persist; difficulties in processing cannabis transactions due to the reality that major credit card companies like Visa, Mastercard and others will likely still not service marijuana businesses; general federal illegality; and the criminalization of cannabis (and continued incarceration of certain offenders) in prohibitive states would remain following rescheduling.
While many had hoped for the de-scheduling of cannabis, the change in stance of the DEA, a longstanding adversary of cannabis reform, is no small feat.
Terran Cooper is a regular contributor to The Fresh Toast. He is part of Falcon Rappaport & Berkman LLP. This article was developed in part with the help of Andrew Cooper and Matthew Foreman.
It has been an aphrodisiac since ancient times – now here are tips to making modern love
The Karma Sutra is the original how-to on how enjoy your sex life. Written in the 3rd century, it has been a North Star and guide to intimacy for ages. The Indian book has been a best seller and the suggestions have been incorporated in a variety of ways across the centuries and globe. I demonstrates cannabis has been used 3000 years to stimulate and enhance the sexual experience. The Indians stepped it up a notch in the 7th century and added cannabis to emerging tantric sex practices. Taking a page from it, here are the best tips to up your intimacy game while high.
If you’re trying out the combination of marijuana and sex for the first time, try using a method that you’re well acquainted. This will help avoid some of the factors out of your control. If you like to plan ahead, try experimenting with different strains and consumption methods before the night of, just so you can have a handle on your high and can eliminate negative side effects. And remember, a bout of giggles can be used as a quick break before the next round of action.
Take strains into account
Do research and get to know different kinds of marijuana, since these can affect your body and performance in different ways. While some strains enhance physical sensations others leave you with a more cerebral high, something that can get frustrating when trying to have a special sexual experience. While people react differently to different strains of marijuana, sativas are a good starting point, since they tend to improve your mood and increase your sensitivity.
Go slow, finish bigger
You don’t want to be too high, so be cautious and consume slowly, making the process of getting high as gradual and sensual as possible as possible. Let touch be the guide for when cannabis hits. Add a bit more if you need to increase your high than to realize that you’re too high and that you’ll be having trouble keeping your eyes open.
Lube is always a great idea. It makes things move better and adds a subtle layer of extra feeling. Odd fact, THC tends to make you have a bit of dry mouth and slows your body’s production of liquids. So little lube can translate to pleasurable sex. Keep your lube nearby and stay hydrated.
Play with new sensations
Test out new toys or sensations, taking advantage of your body’s newly acquired sensitivities. Again, it’s important to take it slow in order to avoid getting overwhelmed, steering clear of scenarios that are too intense. Go crazy with an ice cube, some lube or whatever else that sounds like a good time.
Most of the industry has been thrilled with the progress of rescheduling. But for the 40+ million who consume – what does it mean in real world terms?
The federal government took a big step toward rescheduling marijuana from a Schedule 1, which is a dangerous drug with zero medical benefits, to to Schedule III such as ketamine, Tylenol with codeine, and anabolic steroids. The industry is excited at the progress, the benefits will include the ability to have simple tax write off like any other normal mom and pop business. But what can consumers expect from marijuana rescheduling.
Two longer term benefits. With a Schedule III classification, medical researchers may find it easier to obtain the necessary approvals and funding for studies. With existing work, scientist have just began uncovering how the plant can help the body. By better understanding of the compound’s potential, better treatments will be available for a variety of health issue. The pharmaceutical industry, the major leader in research, stands to gain from increased research opportunities.
It also will move the medical industry closer into viewing cannabis as a legal, useful tool in treating patients. This could play a part in weaning physicians from using opioids for pain and using something developed from cannabis which is much less addictive.
Another benefit is it allows legal businesses a bit more breathing room and some expansion, even in the short term. The hope is to push out the grey players who are causing issues. One which is the flow of premade products from maker to seller to consumer, currently – some cut corners and products are not quite the same as on traditional store shelves. Rescheduling will allow more oversight and safer products.
“Legalization represents a pivotal shift towards a safer, more accessible, and consumer-friendly cannabis market,” said, Bob Groesbeck, Co-CEO Planet 13. “Legalization would not only have significant economic implications but would also greatly benefit cannabis consumers. “With legal status ensuring that products undergo rigorous testing for safety and quality, consumers can confidently access products that meet stringent standards.
One benefit not seen in the near horizon is a lowering of prices. As a growing industry, most mom and pop need the extra cash to stabilize and grow. So while sales may happen, the benefit for the consumer is a healthy shop/product maker which will be around longer.
“Cannabis policy is a burning question with a small minority of the public but data show that in congressional campaigns, the vast majority (nearly 90% of candidates) never mention cannabis policy in public. That suggests that most voters are focused on different issues. Despite that, the current cannabis rescheduling petition before the federal government, and initiated by President Biden, is moving at lightning speed compared to every other cannabis rescheduling petition before it.” shared John Hudak, Director, Maine Office of Cannabis Policy.
Shows like Downtown Abbey, Palm Royale, and more have showed the big, big rich lives – and a few even touched the marijuana counterculture movement.
It seems we can’t get enough about the lives of the very rich. Shows including Downtown Abbey, Succession, the Gilded Age, and Palm Royale are all over and people are loving it. Ryan Murphy has done well and is just off his latest series Truman Vs.The Swans. All of this highlights the extremely well to do and how they live life. But did you know about the gilded age Heiress who helped the marijuana movement?
The Mellon family is in the rare category of being big then and still today. On the East Coast they continue to still have pull and cache like the “new money” Gates, Zuckerberg and Bezos. An old family from Pittsburgh, they made the start of it all in banking, the Mellon in today’s BNY Mellon. The family includes Andrew Mellon, one of the longest serving Treasury Secretaries, along with famous members in the judicial, banking, financial, business, and political professions. Bunny Mellon was one of the great philanthropists and art collectors. A dear friend of Jackie Kennedy Onassis, she designed a number of significant gardens, including the White House Rose Garden
But it was Peggy Mellon Hitchcock, another Mellon heiress who helped the counterculture. Her mother was a Mellon and her father, Thomas Hitchcock Jr., was a leading polo player and a partner at Lehman Brothers. Peggy was a spitfire and was as comfortable in the family’s many homes as in a smokey jazz club with artists. Spirited and fun she was always open to what’s new and what’s next. She had an unlikely relationship with Timothy O’Leary. She persuaded her brothers to let O’Leary have use of their joint family estate Daheim (also known as Millbrook or the Hitchcock estate).
For 5 years, O’Leary, thanks to Peggy lived like a king and had guests including Allen Ginsberg, Charles Mingus, and R. D. Laing to the old monied manse. What went on is the stuff of legends with a blend of art, marijuana, money, new ideas, psychedelics, music and love. The The New York Times’ Luc Sante, described it as “a period filled with endless parties, epiphanies and breakdowns, emotional dramas of all sizes, and numerous raids and arrests.” Nina Grabol shared it was “a cross between a country club, a madhouse, a research institute, a monastery, and a Fellini movie set.”
Peggy was responsible for helping the counterculture rest, regroup, and move forward. Who knew this would be the early path to rescheduling?
Whether a big work project, gaming, driving, or something else. Sitting for long periods of time is rough on the body – here are some tips
While often relaxing, refreshing or just needed from being busy, sitting also has its downsides. Sitting too long can wreck havoc on your body and back. It is easy to get sucked into gaming, a work project, streaming shows, driving long periods or more, but it tough when you plopped in a chair for too long. Other than back issues cause by frequent long periods of sitting include obesity, increased blood pressure, high blood sugar and cholesterol. Not to mention the potential of extra weight. Here are tips for your body after hours of sitting.
Researchers analyzed data from a number of studies regarding sitting time and activity levels. It showed those who sat for more than eight hours a day with no physical activity had a significant health risks. Standing desk have become popular to contract damage done by long work hours.
Stand – It seems common sense, but it is important to stand up and allow your body a different position. It naturally stretches the back and keep the spine aligned. Maybe take calls while standing and moving a bit, set a little timer to move every couple f hours. If you have a desk where you spend prolonged periods sitting, try a standup desk. Standing and moving will help you think better and helps with problem solving.
Take a break – Taking a short period to stand and move about it important. If you drive, it is good to take a short walk when you stop. Make it a point to spend 5-10 minutes moving to let your body realign. You will see it helps re-energize your body.
Stretch.Gentle stretches for the back and neck will help alleviate soreness, stiffness, and the dullness coming with long periods of inactivity. They lengthen the core muscles, and improve blood flow throughout the body, including your mind. Also, deep breaths while stretching to boost the brain.
Many exercises can improve your posture and strengthen your muscles, from classic Yoga positions like Child’s Pose and Cat Cow, to traditional planks, which focus on strengthening your core muscles.
It’s difficult to interrupt the workflow of your day in order to stretch, but the more you train yourself to do it, the easier it becomes and the more results you’ll see. CNN Health reports the most effective way to stretch is to do so once per every hour of work. The more elaborate stretches and exercises that strengthen muscles, like the Cat Cow pose and planks, should be done twice a day. Long term results include better posture, less muscle pain, more strength and even better breathing patterns.
The Economic Impact of Cannabis: A Growth Engine for Local Economies
The rapid expansion of the cannabis industry is reshaping local economies, injecting over $100 billion into the US economy in 2023, with a projected 12.5% growth in 2024. This significant impact is supported by companies like Seed Connect, a US-based cannabis seed bank.
Beyond direct sales, the broader economic ripple effect benefits various sectors, enhancing both community development and financial prosperity. The contribution of cannabis to local economies extends beyond mere financial injections.
For every $10 spent on cannabis products, an additional $18 flows back into the economy, driving economic activity that supports small businesses, creates jobs, and generates substantial tax revenue. This multiplier effect underscores cannabis as a robust driver of local economic growth.
States like California, Colorado, and Washington have seen cannabis tax revenues surpass those from alcohol, highlighting the industry’s potential as a significant fiscal contributor.
The ongoing legalization and increasing acceptance of cannabis across the U.S. promise to amplify these economic benefits. Furthermore, the cannabis sector has become a critical employment hub, supporting over 400,000 full-time jobs nationwide. This number is expected to rise as the market expands, illustrating the industry’s role in fostering a diverse range of job opportunities across retail, cultivation, and beyond.
The economic dynamics of the cannabis industry also include enhancing public health outcomes.
Many localities utilize cannabis tax revenues to fund public services such as education and healthcare, directly benefiting community welfare.
Moreover, the industry’s growth encourages sustainable agricultural practices and technological innovations that further enhance its economic and environmental impact.
Considering these factors, the economic influence of cannabis not only represents a compelling narrative for States contemplating or already benefiting from legalization but also positions the industry as a pivotal element in future economic planning.
Investors, policymakers, and community leaders are increasingly recognizing the potential for sustained economic benefits, making cannabis a crucial area of interest in economic development discussions.
As the cannabis industry continues to evolve, its capacity to contribute to economic stability and growth becomes ever more apparent, ensuring a dynamic and resilient future for local economies.
CBD can be a natural way to treat a variety of issues and help your wellbeing – but did you realize there is a choice?
It is a vast global market worth almost $8 billion dollars with millions using it, but which is better hemp or cannabis CBD. It is most commonly used to treat chronic pain, anxiety, inflammation, and insomnia. Outside of the medical issues, it is used in a section of the beauty industry. The anti-inflammatory properties are said to help reduce signs of aging, including wrinkles. With vitamins A, C, and E in CBD, it is also claims to help the skin stay healthy and firm while stimulating collagen.
But is there a difference and which should you use? Does it matter for the purpose? The key difference between the two is the compound amounts of each. Marijuana contains more THC, and less CBD. Hemp contains more CBD, and less THC. The sources of CBD come from similar species are the hemp plant and the cannabis plant. Hemp and cannabis are cousins from the same plant family: cannabis sativa.
So which is better, both can work well in beauty, but if you want some medical or wellness benefits, there are subtle changes. The University of Colorado Boulder recently released a study around CBD and anxiety. You can ease anxiety without the risks that can come with THC. Cannabis products high in the nonintoxicating compound CBD can quell anxiety better than THC-dominant products – which would be hemp. Generally, the consensus has been cannabis based CBD is better for medical issues.
Hemp is an industrial crop with extremely low levels of THC (under 0.3%). It is a rich source of nutrients and CBD. Because hemp is a rich source of natural CBD, most of the CBD products made around the world are made from hemp. It also makes it easier to produce large quantities of hemp-derived CBD because the hemp plant has been removed from the Controlled Substances Act back thanks to Mitch McConnell’s Farm Bill.
While recreational and/or medical cannabis is legal in 40 states, it is still not federal legal which causes some issues with sales and distribution. CBD made from the cannabis plant has a bit more THC, but not enough to get you stoned, but enough for the federal government to watch it carefully. CBD oils and other CBD products made from marijuana can only legally be purchased in licensed dispensaries in states that have legalized cannabis. On the other hand, you can easily buy hemp-derived CBD almost anywhere.
Once the darling of investors and the media – now they may vanish from the market.
Both were high flying symbols of the promise of the legal cannabis industry. Both, at one point, led by an Adam and both made mainstream headlines. Now, as the cannabis world take another key step toward mainstreaming, these two iconic cannabis companies could disappear. Both High Times and Medmen went into receivership in the month of April.
As the cannabis industry enters a new era, both companies straddled the gulf between the weed wild wild west and today’s market-price/share-price focus. Early on, each became the darling of media attention and part of the general population’s conversation. Medmen’s antics saw them skewered on the hit show South Park. Both became regulars on Cheddar as industry thought leaders. High Times, the founder of the original cannabis cup, made high flying deals, did a controversial “non” public offering, and, in looks, expanded into dispensaries. Both are now in court waiting to see what happens to the companies and assets.
Medmen hit the market in 2010 with co-founder in Adam Bierman and Andrew Modlin. In 2018 MedMen West Hollywood was one of the first legal cannabis dispensaries to open in California. Hailed as the Apple Store of weed, their slick design captured the feel of the new wider market and set the pace for of retails wishing to attract an expanding mainstream consumer. From there came an expansion including an expensive sort of store on 5th Ave in New York City, greenhouse grows, a REIT, and lots of press. Things began changing when they went public with a reverse merger. Things took an ugly turn with a messy lawsuit with the outgoing CFO, the the Journal of the American Medical Association called them out for their marketing, and things went down hill quickly. On March 11, 2024, it was reported by several sources that Medmen had closed operations everywhere except for in San Diego and near LA International Airport. It was announced the company is $411 million in debt while awaiting the court’s decision about their future.
High Times was the leader of the marijuana movement, helping people learn, engage and get stoned. They taught people the value of medical marijuana and brought celebrities to the forefront of the movement. Then the 44-year-old magazine was sold to a group of investors led by Adam Levin and the Los Angeles-based Oreva Capital for $42 million. Rumor has it, the founder’s widow is still owed money from this deal. Levin claimed he could raise the value of the company to $100s of million of dollars, but followed was a messy, tangled trip leaving heartbroken investors behind. Multi rounds of funding with a variety of valuations, a semi-offering to the general public at $11 a share, cancelled cannabis cups, and a web of activities raised eyebrows. From a practical point of you, the site never really looked at the new legal market, they figured the newbies would immediately embrace the legacy culture. Instead, companies like Wana Brands appealed to them with gummies named Calm. The movement moved on and High Times tried to enter the dispensary market. Now all the assets sit with a receiver and the fate of the legendary leader is unknown.
These are the tails of a fast rising, consumer driven, mainstreaming industry.
In a historic move the Drug Enforcement Agency announced it plans to reschedule cannabis. Monumental shift in the marijuana industry.
After three years of waiting for President Biden to fulfill his promise of doing something about legal cannabis, the Drug Enforcement Agency (DEA) announced its plan to reschedule cannabis. This follows the recommendations from Health and Human Services (HHS) and the Food and Drug Agency (FDA). They are sending their recommendation to the White House Office of Management and Budget for review of the impact on the budget. The shifts acknowledged the medical benefits of cannabis and can pave the way for PTSD treatment for veterans, something the President and Senator Patty Murray (D-WA).
“Moving to Schedule III is the single biggest thing that can happen to the US cannabis industry. It removes the 280E tax burden, increases medical research, and opens the investor base. Today is truly a tipping point for this burgeoning industry.” declared Jesse Redmond, Managing Director at Water Tower Research.
“This historic move from the Biden Administration to reclassify cannabis from Schedule I to Schedule III reflects changes in the scientific and medical understanding of cannabis. It echoes moves in other countries around the world. Domestically, it lays the groundwork for federal tax benefits for the cannabis industry, as cannabis businesses will be treated like other businesses with regard to deductions and credits. It will also lower the costs and hurdles of conducting research on the plant and its products. Despite skeptics arguing that this spells the beginning of the end of the cannabis industry as we know, those doomsday scenarios fail to answer a basic question: why would the Biden Administration want to crack down on a substance that it classifies as “less dangerous” when it refused to crack down on the substance when it was a Schedule I substance? Little, if anything, will change at the state regulatory level, but that should not take away from the historic nature of this decision. Cannabis has been a Schedule I substance for 54 years, and despite multiple opportunities to reclassify it in decades’ past, today is the first time the US Government has been willing to say otherwise” shares John Hudak, Director, Maine Office of Cannabis.
Hudak is widely respected in the industry and has been a thought leader for the growing industry. The move reclassifies cannabis from Schedule 1 of dangerous drug with zero medical benefits to to Schedule III such as ketamine, Tylenol with codeine, and anabolic steroids. The timing is still unsettled, but there is hope it will have an impact in 2024. The industry as been struggling under schedule III despite a huge growth of consumers. This will also open the door more for mainstream companies to become involved in the market.
“While this is great news for the cannabis industry, it’s too early to break out the Champagne,” said Lonnie Rosenwald, Partner at Zuber Lawler, LLP. “We don’t know yet when rescheduling will occur, or, perhaps more important, when the tax changes will take effect. For companies and entrepreneurs considering entering the industry, rescheduling alone should provide an incentive to launch their businesses. But existing cannabis businesses will have to wait to see whether they’ll be able to deduct business expenses on their 2024 or 2025 returns. We expect answers to these questions in the coming weeks.” says Lonnie Rosenwald, an attorney for Zuber Lawler, a national law firm which covers the cannabis industry.
This is a historic shift for the federal government and puts in more in line with the American Medical Association, most medical professionals, Canada and the general public.