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Reefer Madness 2.0: War On Cannabis Rages In Southern Oregon

It’s not just law enforcement getting in on the reefer madness. There are reports of county building inspectors harassing landowners for “unpermitted” hoophouses and greenhouses.

Over the past three months, law enforcement raids of “illegal marijuana grows” in Southern Oregon have spiked. While I’m willing to give law enforcement the benefit of the doubt that the number illegal marijuana grows has increased over the past year, my review of several unrelated cases reveals some common flaws in law enforcement’s approach.

And while the rhetoric regarding a “cartel takeover” is rampant among both local and state regulators, among the cases I am aware of, there is no evidence of cartel activity. Rather, my suspicion is that white law enforcement agents are seeing brown people working in fields planting hemp seedings and jumping to unwarranted (not to mention problematic) conclusions.

Indeed, the leaps in logic and rush to judgment have led to law enforcement erroneously sweeping up entirely non-criminal and even completely legal hemp growers as well as a full-frontal attack on agriculture in general by county land use regulators. Here are the top five issues I’m seeing:

DEA Interim Final Rule: What Is 'Synthetically Derived THC'?
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1. Hemp Is Legal.

With the passage of the 2018 Farm Bill, hemp (or “industrial hemp”), which is defined generally as cannabis that has THC content of 0.3 percent or less on a dry weight basis, is no longer a federally controlled substance. In Oregon, industrial hemp is specifically excluded from the definition of marijuana. Thus, any cannabis that has 0.3 percent or less THC content is not marijuana. There is no easy way to tell the difference between hemp and marijuana just by looking at it or smelling it – a specific laboratory test is required.

However, various Southern Oregon law enforcement agencies appear to have refused to update their probable cause analysis to consider whether plants or leafy green substances they report seeing as suspected illegal marijuana trafficking may, in fact, just be individuals involved in the legal hemp market. What police officers and sheriffs may have been trained to look for in order to identify illegal marijuana does not appear to have been updated to account for the fact that a legal substance exists that carries the look and smell of marijuana but is in fact perfectly legal industrial hemp.

2. Prior to the passage of HB3000, growing hemp without a registration is a civil violation, not a crime.

A repeating theme I am seeing in cases of law enforcement activity at hemp farms in Southern Oregon involve hemp growers who, for whatever reason, obtained hemp seedlings while their hemp registrations are still being processed by the Oregon Department of Agriculture, and then were searched by law enforcement. Indeed, many applicants report that earlier this spring, ODA reported that processing times for hemp registrations were 6 weeks long or less, which is consistent with ODA’s processing times last year. With the planting season closing, may people intending to grow legal hemp took ODA’s representations regarding processing times on faith and ordered starts for their growing season, only to have them arrive before their registration is approved.

However, until the passage of HB 3000 on July 19, 2021 (just a few days ago), Oregon law was relatively clear that the growing hemp without a registration is not a crime, but rather is a civil violation with a maximum fine of $2500 per violation. Only ODA has the legal authority to impose these fines — criminal law enforcement authorities have no jurisdiction whatsoever. Law enforcement is taking a contrary position, but in doing so are ignoring that the statute they’re relying on expressly references marijuana, not hemp.

3. Possessing dry hemp in any amount is completely legal.

While growing hemp without a hemp grower registration is contrary to ODA regulations (albeit not criminal), Oregon law has no limits on the amount of dry hemp any person or company can hold for any purpose, and there is no license or registration required for the possession of dry hemp for commercial purposes. Indeed, for marijuana, public possession limits recently doubled to two ounces as a result of SB 408, which went into law last month, but possession of green leafy substances beyond that will require a test to determine whether possession of the substance is legal or illegal. Currently, Southern Oregon law enforcement isn’t even considering whether the green leafy substances they are seizing may be perfectly legal hemp rather than marijuana.

4. Law enforcement has been raiding farms and taking samples for testing without following proper sampling and testing procedures.

While the distinction between hemp and marijuana is somewhat straightforward, it does not follow that any single growing cannabis plant that tests above 0.3% total THC content means that the field that is being grown is marijuana and not hemp. That’s because ODA rules require pre-harvest field testing to be done according to a very specific protocol that ensures a representative sample of each harvest lot is acquired for testing, and then the test results of each sample are averaged together to get an overall pass/fail rating for THC content. In other words, certain plants are allowed to have over the amount of THC, but as long as the rest of the plants test sufficiently under that the average result is under 0.3%, the entire harvest lot is still considered hemp. And for good reason. It is impossible for a grower to know with certainty that each and every plant will test below a certain threshold. The purpose of pre-harvest testing is to ensure that an overall harvest lot doesn’t have too much THC to be considered hemp, and if it does, the grower has the option to have the harvest lot re-sampled and re-tested, or segregate and destroy that lot according to ODA instructions.

Legal Cannabis Might Help Stop Alcohol-Related Deaths
Photo by Drew Angerer/Staff/Getty Images

Contrary to this rational, measured approach, law enforcement is selectively taking a tiny sample, likely from areas of fields that get more sun or nutrients in an effort to find one plant that tests over 0.3% THC and declare the entire operation an “illegal marijuana grow.” Furthermore, law enforcement organizations are not lawfully authorized to collect samples for testing, and aren’t subject to the same regulations relating to chain of custody that OLCC licensed labs are required to observe. And from the test results I’ve seen, there is often a lag time of more than 30 days from the date law enforcement collects the samples to the date they are turned over to a lab for testing and analysis. I have yet to hear any explanation for that extended lag time between sampling and testing.

RELATED: Oregon Usable Marijuana Possession Bumped To Two Ounces But Dispensaries Lag

Law enforcement does not appear to show any interest in using sampling and testing procedures that are designed to give the most accurate results, instead they appear to be using methods that are known to be unreliable to get the results that justify their actions. If you find yourself in this situation, it is important to exercise your First Amendment right to record law enforcement and take a video of the officers as they are collecting and handling the samples.

5. Agricultural buildings are exempt by state law from local building permit requirements.

It’s not just law enforcement getting in on the reefer madness. There are reports of county building inspectors harassing landowners for “unpermitted” hoophouses and greenhouses. And I am aware of at least one citation out of Jackson County for fines of $100,000 for greenhouses that were allegedly built without a building permit on land explicitly zoned for farm uses.

RELATED: Oregon Senate Approves Sales Tax Hike On Marijuana Consumers

These county regulators are running afoul of state law, which categorically exempts agricultural buildings from the state structural specialty code which counties regulate through the issuance of building permits. See ORS 455.315. While I have previously known of county regulators attempting to argue that indoor marijuana production facilities are commercial in nature and not agriculture (from which they inevitably back down when confronted with ORS 475B.526), the apparent argument that greenhouses and hoophouses are not agricultural in nature is rather breathtaking — I can’t think of a more quintessential example of an agricultural building.

BOTTOM LINE

If you are visited by law enforcement or local code enforcement for any reason about your hemp crop, it is important that you immediately seek legal advice from competent and qualified counsel. The attorneys at Green Light Law Group are up-to-speed on all of the issues growers and landowners are experiencing in Southern Oregon.

Kevin Jacoby is an attorney at Green Light Law Group. He has focused his career on advising small to medium-sized businesses both in litigation matters and in all aspects of administrative compliance and employment relations. In addition to business-to-business litigation, Kevin has devoted a significant amount of his practice to administrative law. You can contact Kevin at info@gl-lg.com or 503-488-5424.

This article originally appeared on Green Light Law Group and has been reposted with permission. 

Planning A Staycation? Here Are 6 Things You Should Avoid

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Staycations make for a good option when you want to rest, stay safe, and save some money without traveling outside of your city.

There’s really no substitute for traveling. It exposes you to different people, foods, cultures and makes us feel like we’ve grown and changed for the better after we return home. Despite the fact that countries are reopening and states across the U.S. are returning back to normal, expensive ticket prices, bookings and rising COVID-19 cases can make people think twice. A staycation may be the best bet.

Here are 6 things you should avoid when planning your next staycation:

Checking your emails and working

Checking emails during commute should count as part of the working day
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While it’s becoming increasingly popular for people to continue working even while on vacation, it’s important to disconnect. Even if you have to check your emails, limit the number of times you do so, keeping it to the evenings or the mornings. Just because you’re staying close to home doesn’t mean your mind can’t explore a new realm of relaxation.

Following the patterns of your normal life

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It’s very easy when on a staycation to use up your time doing what you normally do on your time off. While this can be relaxing, when it comes to taking real time off, it helps when you do different things, like visiting places you’ve never seen before, even if you’re in your hometown.

Last-minute bookings

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RELATED: Missed Your Flight? Here’s What You Can Do

If you plan on going to restaurants or spending a night in a hotel, be sure to book a reservation ahead of time. Last-minute bookings are usually expensive and could add up and end up costing the price of a regular trip.

Keeping your home the same

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Photo by Anthony Tran via Unsplash

If you’re staying in your home, try to make it look and feel a little different. Clean up your place before the start of your staycation, buy flowers, or even rearrange some furniture. It may seem silly, but small changes can add up and make it feel like you’re truly on vacation.

Going to the same places you go every day

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RELATED: 5 Hacks To Find Cheap Flights

If you go to the same coffee shops and delis that you usually visit, your staycation will kind of feel the same as your everyday life. Try doing an activity you’ve been looking forward to, or visiting a place that you’ve wanted to visit but never had the time to.

Not researching local rates

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When going on touristy activities or museums, don’t pass up on the rates you get from being a local. Some hotels, spas, and other attractions may provide discounted prices for residents.

Olympics Begin, Blame Game Continues At Fed Commission Hearing Over Sha’Carri Richardson Suspension

The fact of the matter is that the U.S. itself has for years played the leading role in imposing cannabis prohibition.

By Maureen Meehan

The blame game sputtered to the surface again on Wednesday when Edwin Moses, two-time Olympic track and field gold medalist and emeritus chair of the U.S. Anti-Doping Agency (USADA), appeared before a federal commission at a hearing on international sports where he was questioned by panel co-chair Rep. Steve Cohen (D-TN) about the controversial suspension of Sha’Carri Richardson.

Moses repeated USADA’s trope about how “heartbroken” they all were over Richardson’s suspension following a positive cannabis test and that the organization’s hands are tied with respect to enforcing international drug policy.

Sha'Carri Richardson
Photo by Patrick Smith/Getty Images

Cohen also did his share of hand-wringing when he railed against Richardson’s punishment and how onerous changing marijuana rules can be especially on the international level, “slow as molasses.”

Cohen repeated a remark he’d made earlier about cannabis not being a “performance-enhancing drug unless you’re involved in the hot dog eating contest on the Fourth of July at Coney Island.”

RELATED: More Women Oppose Sha’Carri Richardson’s Marijuana Ban Than Men

Very funny, but still no cigar unless the U.S. gets serious about removing a harmless plant from the Controlled Substance Act and recognizes the U.S.’s role in the inclusion of cannabis on the World Anti-Doping Agency (WADA) list of prohibited substances.

The US’s Role

Regardless of the lip service, such as Moses’s remark that there are no countries in the world that will “ever be as liberal as we are,” the fact of the matter is that the U.S. itself has for years played the leading role in imposing cannabis prohibition.

Photo by Patrick Smith/Getty Images

WADA made that abundantly clear to Reps. Jamie Raskin (D-MD) and Alexandria Ocasio-Cortez (D-NY) in a letter last month from its president, Witold Banka, who implied that the U.S. has consistently bullied the rest of the world to keep cannabis on the list of prohibited substances.

RELATED: Sha’Carri Richardson: World Anti-Doping Agency Claims US Consistently Pushed For Cannabis Prohibition, Is Anyone Surprised?

“At no time since the first Prohibited List was published in 2004 has WADA received any objection from U.S. stakeholders concerning the inclusion of cannabinoids on the Prohibited List,” Wada wrote. “On the contrary,(…) the U.S. has been one of the most vocal and strong advocates for including cannabinoids on the Prohibited List.”

But in all fairness to Rep. Cohen, he did push the envelope at this week’s hearing on international sports wherein his questioning got USADA to “publicly flesh out its position on marijuana use by athletes,” wrote Marijuana Moment.

“USADA told Congress, right to its face, that the policy of prohibition and stigmatization of cannabis consumers is wrong,” Justin Strekal, said political director for NORML. “The remaining question is when will the House take action to end the mandate that organizations like USADA, the DEA, ONDCP, and others stop criminalizing otherwise law-abiding Americans?”

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

What To Do If You Have Way Too Much Weed

It’s possible for a weed-consuming population to use marijuana without needing emergency medical assistance. Here’s how. 

It seems that every time a state officially launches its legal cannabis market, reports showing that emergency rooms are filling up with people who can’t handle their weed start to bombard the internet. This took place earlier this year throughout Illinois, which rolled out its taxed and regulated pot trade in January. In Chicago, doctors claimed an increase in ER visits due to people overdosing on weed.  

Listen, this madness might be happening, or it might not. The purpose of this article is not to debate whether legal marijuana brings about an uprising in freakouts that send people on a mad dash for the hospital. It is to serve as a guide, of sorts, intended to prevent these horrific events from happening in the first place. Because, get this, it is possible for a weed-consuming population to use marijuana without needing emergency medical assistance. It’s a novel concept, we know. But we swear that people can use cannabis products safely and responsibly. 

Here’s how. 

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The first thing to consider is this: Any report that comes out in the media suggesting that people are running to the ER because the weed got on top of them can almost always be attributed to edibles. We’re not going to lie, these popular pot products sold in dispensaries in states where marijuana is legal can be tricky and the source of great misery if they are not consumed correctly.

RELATED: 4 Ways To Avoid The ER Because You Got Too High

We’ve seen these things turn grown men into crying globs of slobber and regret, curled up in the fetal position, begging for someone to call 911 or bring them an oxygen tank. If you’ve never taken too much THC, there is no possible way to understand the intense anxiety that it brings. It can make breathing extremely difficult and mess with your senses in ways that are just plain scary. But there is no need for a person to go down this road if they don’t have to. 

Avoiding a panic moment is as easy as understanding dosage and timing. But that alone can be difficult enough to put cannabis newbies in a bad situation. Unlike smoking marijuana, which comes with an instant buzz, pot edibles can take a while to kick in. It’s nothing to be sitting around for an hour waiting to feel the effects.

This is where some people make a tragic mistake. They’re thinking, “Man, these edibles are not doing anything for me,” so they take another dose and maybe another one after that. Then, in a matter of hours, they are as high as they’ve ever been in their lives, and there are no signs of a comedown. So, if there is one piece of advice we can offer for someone trying edibles for the first time, it’s to have some freaking patience.

RELATED: Marijuana Overdose: Don’t Freak Out, It’s Only Cannabis

The other is not to be a hero. Seriously, most of the edible products that can be purchased down at your neighborhood dispensary will come with 100mg of THC. Fair warning, this is not a single dose. Not unless you happen to be an elephant. This much THC has the power to cause a level of panic that you don’t even want to think about. Will it kill you? Well, science says that it won’t. But that doesn’t mean you won’t spend several, long hours utterly convinced that grim death is looming overhead.

Study: Women Consume More Marijuana Edibles Than Men
Photo by Flickr user Dank Depot

In fact, the fear of dying from a marijuana overdose (note: An overdose doesn’t necessarily mean someone has to die. It just means that they took too much) is the reason so many people storm the doors of an ER. It has been our experience that there is a bit of a learning curve when using edibles. Beginners should probably see how they do on 5mg of THC and go from there. Although budtenders typically tell customers they can start with 10mg, we have found that even this amount can be a little much for some folks.

Just remember, you can always take more if the initial dose isn’t quite doing the trick (give it an hour to do its thing, first). But you cannot back away from a pot overdose once it is on course. There is no Narcan-like reversal for it. You’re just going to have to deal with getting super stoned, paranoid and afraid.

And forget about all of those articles you’ll find on the internet about how to calm down after consuming too much THC. Most of these suggestions will not work on someone who is really ripped up and convinced that their life is about to end. Therefore, it’s probably best not to overdose in the first place. And the only way to avoid it is to start low and slow.

Make Your Life Better With These Marijuana Hacks

 From DIY filters to storing your weed for ultimate freshness, here are some tricks to make your weed consumption a little easier.

Weed has been around for a long time. The fact that for the majority of its history it’s been shrouded in shame and secrecy is unfortunate, but it has also resulted in a lot of underground hacks that a lot of people don’t know about.

Here are 7 weed hacks that can simplify your life.

Buying pipe cleaners

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Photo by Grav via Unsplash

If you smoke from a bong or a pipe, you know how terrible it is when it gets clogged, and how difficult it is to clean if too much time has passed. Luckily, there are devices designed with this purpose in mind: pipe cleaners. Buy them. These brushes make the cleaning process very simple and will extend the life of your pipes and bongs

Store your weed in a mason jar and cover it with something black

store marijuana
Photo by Devanath via Pixabay

RELATED: This Is What You Should Be Looking For When Buying Marijuana (It’s Not THC)

Mason jars are the right way to store weed. To make these containers into something even better, cover them with black construction paper or a black shirt. This dark and cool environment will ensure that the weed stays fresh over long periods of time.

Smoke around mealtimes

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One of the best weed hacks of all time is to plan your smoke sessions around your meal times, and in the era of remote work, it’s even more convenient. By smoking around mealtimes you’ll ensure your food tastes amazing while also curbing the munchies by having something to eat.

Use old cards as filters

Photo by rawpixel.com

Old greeting cards, birthday cards or any type of hard paper make for great filters, which will, in turn, make your joints last for longer periods of time and protect your lungs.

Use the focus weed provides you to your advantage

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RELATED: 5 Summer Activities To Do While High

The right kind of high will have you focusing deeply on all kinds of things. Use this to your advantage like when you want to carefully brush your teeth for two minutes, or when you feel like working on your core by doing pushups and planks.

Store small amounts of weed in your packaged flavored blunt wraps

Snoop Dogg Sean O'Malley
Photo by TMZSports/Youtube

While they don’t make for good containers over long periods of time, packaged flavored wraps make for good temporary storing places, giving your weed a nice flavor.

Pairing coffee with weed

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For those who get very sleepy after smoking weed, coffee could help you stay more alert. Just be careful with how much of each you consume; if you overdo it, your body may end up feeling disoriented and confused.

Oregon’s New Approach To Hemp Product And Delta-8 THC

Oregon’s framework presents a more nuanced option for regulating hemp-derivatives with an intoxicating effect.

On July 19, Oregon Governor Kate Brown signed HB 3000, an omnibus bill focused on Oregon’s hemp industry into law. HB 3000 includes many modifications, but one aspect of the bill that will have a huge impact on how Delta-8 THC products are sold in Oregon (and, if other states follow suit, across the country), is the radical change the bill makes in the traditional classification of cannabis and cannabis products into either marijuana or hemp (or their respective derivatives) by creating a new, over-arching classification called Adult Use Cannabinoids and Cannabis Items.

Adult Use Cannabinoids and Cannabis Items

HB 3000 establishes a new classification of cannabinoids under Oregon law called “Adult Use Cannabinoids” which is defined to include the following:

  1. Tetrahydrocannabinols
  2. Tetrahydrocannabinolic acids that are artificially or naturally derived
  3. Delta-8 THC
  4. Delta-9-tetrahydrocannabinol (Delta-9 THC)
  5. The optical isomers of delta-8-tetrahydrocannabinol or delta-9-tetrahydrocannabinol
  6. Any artificially derived cannabinoid that is reasonably determined to have an intoxicating effect
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HB 3000 also creates a new classification of consumer product. An “Adult Use Cannabis Item” is defined to include:

  1. A marijuana item (items that contain marijuana that are sold in Oregon’s recreational and medical market), and
  2. An industrial hemp commodity or product that exceeds:
    1. A concentration of Adult Use Cannabinoids to be established by the Oregon Liquor and Cannabis Commission (OLCC), in consultation with the Oregon Health Authority (OHA) and the Oregon Department of Agriculture (ODA) or
    2. A concentration of Delta-9 THC that exceed 0.3% on a dry weight basis or the threshold set by federal law if those changes.

HB 3000 prohibits any person from selling an Adult Use Cannabinoid Item to individuals under the age of twenty-one.

RELATED: Oregon Usable Marijuana Possession Bumped To Two Ounces But Dispensaries Lag

HB 3000 grants the OLCC rulemaking authority to establish what level of Adult Use Cannabinoid causes a product containing hemp derivatives to become an “Adult Use Cannabis Item”. The OLCC has wasted no time in establishing rules under HB 3000.

Under OLCC rule, an industrial hemp commodity or product is an adult use cannabis item if it:

  1. Contains 0.5 milligrams or more of any combination of THC or tetrahydrocannabinolic acids, including Delta-9 or Delta-8 THC or delta-8-tetrahydrocannabinol or any other cannabinoids advertised by the manufacturer or seller as having an intoxicating effect;
  2. Contains any quantity of artificially-derived cannabinoids; or
  3. Has not been demonstrated to contain less than 0.5 milligrams total delta-9-THC when tested in accordance with ORS 571.330 or 571.339 (industrial hemp laboratory testing).
Hemp Industries Association Urges Regulation, Not Prohibition, Of Delta-8 THC
Photo by Anastassiya Bezhekeneva/Getty Images

These rules make product with more than 0.5 milligrams of Delta-8 THC (or any other THC) an Adult Use Cannabis Item which cannot be sold to individuals under the age of twenty-one (unless sold in a marijuana retail store to a medical marijuana card holder under twenty-one but over eighteen). The inclusion of any artificially derived cannabinoids also makes an industrial hemp product or commodity an Adult Use Cannabis Item. Finally, the OLCC creates a presumption that if lab test does not demonstrate that a hemp product is under 0.5 Delta-9 THC, then it is considered and Adult Use Cannabis Item.

The Future of Delta-8 THC

As we mentioned above, by developing a new classification of cannabinoid product, Oregon has upended a long-held distinction between marijuana and hemp. Hemp is cannabis with less than 0.3% Delta-9THC on a dry weight basis. The 2018 Farm Bill defines hemp to also include derivatives and cannabinoids from hemp. Simply put, this means that anything derived from hemp is hemp and anything derived from marijuana is marijuana with Delta-9 THC being the dividing line. Oregon adds another wrinkle by creating a new class of products and altering the dividing line to turn not solely on Delta-9 THC, but on the presence of Adult Use Cannabinoids which will be set by the OLCC.

RELATED: Hemp Industries Association Urges Regulation, Not Prohibition, Of Delta-8 THC

HB 3000 does not ban Delta-8 THC but it will distinguish products containing 0.5 milligrams of Delta-8 THC (and any other products containing intoxicating cannabinoids or artificially derived cannabinoids) from other hemp commodities. HB 3000 does not provide further restrictions on selling or distributing Adult Use Cannabis Items and neither does the OLCC, at this time. That means that unlike marijuana items, which can only be sold in licensed retail stores, Adult Use Cannabis Items can remain on the shelves in most places that they are currently sold, so long as minors cannot access or buy those products. One area to watch is whether the OLCC will eventually impose a requirement that stores selling Adult Use Cannabis Items hold a license or authorization.

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Photo by Christina Winter via Unsplash

Bottom Line

Oregon’s experiment with Adult Use Cannabis Items could provide a valuable framework for other states. Delta-8 THC has caused massive headaches for regulators across the country and resulted in many states banning hemp-derived Delta-8 THC all together. Oregon’s framework presents a more nuanced option for regulating hemp-derivatives with an intoxicating effect. It remains to be seen how this will work and much of that will turn on how the OLCC enforces HB 3000, with regards to Adult Use Cannabis Items. We will continue to track Adult Use Cannabis Items and write about them here on the Green Light Law Blog.

Daniel Shortt is a corporate and regulatory attorney based in Seattle, Washington who works extensively with entrepreneurs in the cannabis industry. You can contact him at info@gl-lg.com or (206) 430-1336.

This article originally appeared on Green Light Law Group and has been reposted with permission.  

What To Look For When Buying Marijuana

The sheer range of cannabis effects and characteristics are what make it globally beloved, and it requires a look at the sum of its parts.

Walk into any licensed cannabis dispensary in a recreational state and you’ll notice —  weed can get pretty expensive. Eighths can range from a reasonable $30 to as much as $80, before taxes even get factored in. 

Many consumers feel like they need to get their money’s worth, and much like with alcohol, have looked to THC content to determine if the sticker price is worth it. The demand for flower that tests at 30% THC or more has become so prominent that growers often can’t sell their relatively low-testing flower to retailers. 

Difference Between A Marijuana Dispensary And A Liquor Store
Photo by mikroman6/Getty Images

But as it turns out, THC is far from the best indicator of a flower’s potency, let alone its overall quality. THC content is one static result in a live organism that changes with its environment, and should never be the deciding factor. Here’s what else you should look for when purchasing marijuana.

Check the Cultivation and Packaging Dates

The days of growers bringing fresh pounds of cannabis in turkey bags in the dispensary back door are sadly over. Industry regulations require inventory tracking, lab tests, compliant packaging and distribution in order to get any buds from the garden to the shelves, all of which take time. 

RELATED: Why You Should Smell Your Weed Before Buying

It’s unfortunate, but far from unusual to see cannabis being sold six months after it was cultivated. Exposure to light and oxygen degrades THC content and converts it to the more sedating and less psychoactive cannabinoid CBN, which is great if you’re sleep deprived, but not much else.  

Ask About Terpenes

More and more companies are now offering terpene profiles in addition to just cannabinoid content, which is a win for consumers. Terpenes are aromatic compounds found in cannabis and innumerable other plants responsible for that “dank” smell, but in cannabis they converge with cannabinoids in what’s called the entourage effect to express a certain strain’s effects. 

RELATED: Here’s Why Cannabis Terpenes Are So Very Important

The earthy, stony OG Kush, for example, has a very different terpene profile than zippy Super Lemon Haze, and the two provide distinct highs. A low terpene content can indicate poor cultivation methods or an aged product, neither of which a high THC content can make up for. Your budtender or dispensary associate may have more information as well.

Research the Brand

Wine grown in Napa Valley is going to taste different than wine grown in Martha’s Vineyard, and the same goes for cannabis. Location, genetics and growth methods can result in two versions of the same strain having almost nothing in common, except the name. 

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Photo by nattrass/Getty Images

A company that specializes in outdoor cultivation won’t offer the same experience as an indoor-grown brand, and larger companies may partner with smaller growers to white-label their crops instead of growing their own.     

See it Up Close, if You Can

Cannabis is a visual plant, just take a scroll on Instagram or a perusal of cannabis magazines. These images are typically the creme de la creme, and can be used as a point of reference against what you see in stores, provided pandemic guidelines allow you to view and sniff samples. 

RELATED: The Worst Marijuana Strains Of All-Time — And How To Choose The Best

Fresh cannabis not only smells fresh, but looks like it. Colors of the leaves and pistils are vibrant, not browning, the crystal-like trichomes should still be white, and the bud should even have a slightly wet appearance. There should never, under any circumstances, be any stems or seeds mixed in.  

The healing power of cannabis is a group effort that THC alone can’t provide, nor should it. The sheer range of cannabis effects and characteristics are what make it globally beloved, and it requires a look at the sum of its parts, not by the numbers. 

Adult-Use Cannabis In Europe: The Final Countdown Begins

For now, there’s no country in the EU that allows for the legal production, commercialization, and consumption of adult-use cannabis. Things, however, are just beginning to move on the Old Continent.

By Barbara Pastori, Director of Strategy & Data – Prohibition Partners

In this insightful article, international cannabis expert, Barbara Pastori, explores the potential impact of adult-use legalization in Europe.

Adult-use cannabis legalization is picking up pace in the Americas. On Wednesday July 14, Senate Majority leader Chuck Schumer released a draft bill that would federally legalize cannabis in the United States. Earlier this year, New York joined the ever-growing collection of US states in which adult-use cannabis is already fully legal. Last June, Mexico’s Supreme Court ruled that the government should legalize the recreational use of cannabis, bringing the country a step closer to becoming the largest legal market for adult-use cannabis in the world.

Will Weed Ever Be Federally Legal In The US? What The Experts Say
Photo by Anton Petrus/Getty Images

And Europe? It’s still lagging behind. For now, there’s no country in the EU that allows for the legal production, commercialization, and consumption of adult-use cannabis. Things, however, are just beginning to move on the Old Continent as well.

There are a few governments that are taking the first tentative steps towards legislation that allows for adult cannabis use (at least on a trial basis). June saw two political parties in Portugal — Left Bloc and Liberal Initiative — each present proposals for the legalization of adult-use cannabis. The outcome of the debate was an agreement that both bills be sent to the Health Committee for a period of 60 days, during which public hearings can be made, amendments presented, and negotiations carried out before the deciding vote takes place in Parliament.

RELATED: Updated Guide To Cannabis Laws Around The World

Luxembourg, Switzerland, and The Netherlands have all passed regulations to get the ball rolling in the legalization process. In Switzerland and the Netherlands, new laws allow for the initiation of pilot schemes wherein cannabis can be legally produced, imported, and distributed to registered users. It is likely that these pilot projects will be underway, with products on shelves within 1-2 years. This will make the two countries the first to de facto allow for a fully legal supply chain for adult-use cannabis.

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If the legalization process continues as expected, Portugal — along with other European countries like Spain, the Netherlands, Luxembourg, Germany, Switzerland, and Malta — may be on course to introduce legal access to adult-use cannabis within the next few years.

What will be the effects of legalization?

The potential effects of the legalization of cannabis in Europe are far-reaching and significant. From an economic, social, political, and medical perspective, the opportunities created by legalization could be transformative. Let’s take a look at a few now.

A commercial boom

Firstly, let’s examine the potential commercial impact of cannabis legalization in Europe. Put simply, the potential market for adult-use cannabis is huge. A whopping one in ten Europeans smokes cannabis every year, while a quarter of people admit to having used cannabis at least once in their lifetime. The annual sales in illicit market cannabis are estimated at around €11 billion.

RELATED: Legalization In Latin America: Who’s Next After Mexico?

It appears likely that many countries will focus on developing infrastructure for the domestic production of adult-use cannabis. This is the course that Switzerland and the Netherlands are charting in order to allow for tighter oversight of all stages of the supply chain and maximize the amount of tax revenue.

Although fragmented legislation might somehow be a hindrance to the market reaching its full potential quickly, the gradual legalization of adult-use cannabis will mark a significant turning point for the industry and opportunities will arise as a result. As highlighted in The European Cannabis Report: 6th Edition, we project that sales of adult-use cannabis will reach €200 million by 2023, coming close to €800 million in 2025.

To put these figures into context; when cannabis was legalized in Canada, the illicit market for cannabis was worth €800 million. It took just two years for the legal adult-use cannabis industry to take away half of the market share.

Product differentiation will be a natural outcome, as we’ve seen in the US and Canada. There are a number of ways cannabis can be consumed for recreational purposes, many of which are currently made impossible by prohibition.

This diversification could lead to an increase in cannabis usage more broadly – many people are, after all, put off by the illegality of the business and the lack of alternatives to smoking flowers. The drive to satisfy the diverse needs of consumers will involve a wide variety of sectors. Those most likely to play a role are consumer goods, food, and healthcare. Profitable investment opportunities will be available to essentially create a functioning value chain from scratch.

A plethora of medicinal uses

The legalization of cannabis across Europe will not only create a new market but will also have a significant impact on the medical side of the industry. The relationship between these two segments has indeed always been a controversial one.

In the US, medical cannabis has occasionally been used as the basis for wider arguments about the legalization of adult-use cannabis. We’ve all seen the photos of medical practices in areas like Venice Beach offering quick prescriptions for cannabis for a few dollars. This practice has helped to normalize cannabis use, while also damaging the image of cannabis as a medicinal product.

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The situation is very different in Europe, where medical and adult-use cannabis have largely remained separate issues. Cannabis is permitted in many countries for medical purposes, while recreational use still carries a stigma and is largely left to the illicit market.

However, it can be expected that the legalization of adult-use cannabis will have an impact on the medical cannabis market in Europe. One likely effect is the increasing medicalization of these cannabis markets. Patients and doctors will increasingly move away from the flower — still predominant in Europe — and towards products like extracts, edibles, and the more refined pharmaceutical products which align medicinal cannabis to more traditional medical practice.

This is a natural process, but also one that will be necessary for the pharmaceutical cannabis industry to evolve. As more and more patients will be able to find satisfaction for their consumption needs elsewhere, medicinal cannabis will need to differentiate its offering. A similar trend can already be seen in a more mature market like Canada, where the opening of adult-use cannabis stores has put the total number of registered patients on a downward trend.

Socially and politically transformative

Finally, the recreational legalization of cannabis is almost certain to bring with it further normalization and social acceptance of cannabis across Europe, fanning the flames of a market that is already set to grow exponentially over the next few years (we project it will be worth more than €3 billion by 2025). As with anything, the social stigmas attached to cannabis are largely borne out of its illegality and have begun to be stripped away as countries move towards legalization.

It’s also entirely possible that countries will begin to see the political and legislative benefits of legalization, leading other governments to follow suit. Countries that go down the legalization route are likely to feel the immense benefits of direct revenues through taxes and a significant reduction in pressure on the judicial system. Colorado, a state with an economy the size of Norway’s, sold $1.6 billion in cannabis in 2020 and is an industry that is supporting the creation of thousands of jobs, reviving the economies of many communities.

Legalization is unlikely to completely transform the market with one clean sweep. It’s much more likely that countries will gradually adopt a hybrid solution or implement new legislation in increments. This is, however, a story we’ve seen time and time again. When we reach a legislative tipping point, change comes thick and fast.

We may not see a European country legalize recreational cannabis this calendar year, but the process is underway and it’s difficult to predict how quickly things will move when they do. For anyone hoping to ride this wave, now might be a good time to start preparing.

globe
Photo by Kyle Glenn via Unsplash

Barbara is a leading expert on the international cannabis industry. She has done substantial work on emerging cannabis markets such as Europe, Latin America and Africa. Barbara heads Research & Consulting in Prohibition Partners, the leading source of market intelligence, data and strategy on the global cannabis industry.

Barbara has extensive experience in managing and executing strategic consulting projects in a variety of heavily regulated sectors ranging from Oil & Gas to transportation and FMCG. Previous to Prohibition Partners, she covered various positions in General Electric, Wood Mackenzie and KLB Group. Barbara is a graduate in Political Science and International Relations from LUISS University and holds a MSc in Petroleum and Energy Economics and Finance from the University of Aberdeen. 

To get in touch with Barbara, you can email her directly: barbara@prohibitionpartners.com

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

What Happens When You Smoke Marijuana Stems

Can you smoke your leftover weed stems? What can you even do with them? Here’s what you should know.

It’s happened to the best of us. It’s late at night and we’ve totally underestimated the amount of marijuana at our disposal. We aren’t in a position to buy more at the moment. We look through our ashtray and our weed baggie and there’s nothing useful in sight. Then we spot the stems. Should we smoke them? Can we smoke them? What happens when you smoke marijuana stems?

Sadly, it appears that weed stems are different from the usual bud you smoke. For starters, they don’t contain much THC, rendering them useless if you’re looking to get high. They also taste bad and woody, because there’s no plant in them, and they’re associated with a batch of negative side effects like headaches, sore throats and coughing fits, according to Healthline.

RELATED: 5 Things You Can Make With Leftover Marijuana Stems

Hemp Ghee Butter For Tea, Cooking And Wellness
Photos courtesy of The Gourmet Ghee Company

Still, just because you can’t smoke cannabis stems doesn’t mean you can’t find something useful to do with them. A lot of people find inventive ways of incorporating these parts of cannabis, using them to brew teas, to make tinctures, topicals and to even make stem butter. While there’s not much THC in stems, they are still a part of the cannabis plant, having many of the mysterious health benefits that experts and cannabis users love.

Before re-purposing your stems for any reason, it’s important to decarboxylate them, activating however small amount there is of THC and other cannabinoids. Once you’re done with this part of the process, you can infuse the stems into whatever you want.

RELATED: How To Avoid Going To The Emergency Room For Marijuana Overdose

Cannabis stems aren’t likely to get you high, but they could provide therapeutic and relaxing effects for you. There’s anecdotal evidence of cannabis stem teas treating nausea, anxiety, chronic pain, and more, all the while eliminating the unpredictable psychoactive effects of cannabis drinks. We even have a recipe for it.

CBD Can Reduce Nicotine Withdrawal Symptoms, Finds New Study

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CV Sciences also released its potential plans to develop the world’s first and only FDA-approved treatment for smokeless tobacco addiction.

This week, CV Sciences (OTCQB:CVSI) released the results of a preclinical study that suggests that CBD can reduce nicotine withdrawal symptoms in smokeless tobacco users.

The study, conducted in collaboration with researchers from the University of California, San Diego and published on Springer Nature, found that CBD prevented nicotine-dependent rats from exhibiting withdrawal symptoms including increased pain sensitivity and weight gain during short-and long-term nicotine restriction.

Can CBD Help You Quit Smoking Cigarettes?
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The company also released its potential plans to develop the world’s first and only FDA-approved treatment for smokeless tobacco addiction.

RELATED: Can CBD Help You Quit Smoking Cigarettes?

“We are thrilled with the results of this study done in collaboration with UC San Diego, which marks a significant milestone for our drug development division,” Joseph Dowling, CEO of CV Sciences told Benzinga. “Through continued research and innovation, we are committed to developing a CBD-based therapeutic to address the huge, unmet medical need and global health issue of nicotine addiction.”

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

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