Is California Going To Ban Delta-8 THC?

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June 22, 2021

Proposed legislation will likely prohibit hemp products from containing more than .3% of any kind of THC, including delta-8. This will make the market for such products very small, or non-existent.

For a state that pioneered medical cannabis and was a relatively early adopter of recreational cannabis (cannabis is defined only as marijuana here and not hemp), California is among the worst states in the union when it comes to sensible hemp-derived CBD policy. So it should surprise absolutely nobody that in legislation that’s designed to “legalize” CBD (AB-45 and SB-235), the state is now coming for delta-8 THC.

Before explaining what delta-8’s fate may be, I’ll provide a brief CliffsNotes for how bad California has handled CBD:

2018: California Department of Public Health (CDPH) issued a FAQ on its website in July 2018 taking the position that CBD ingestibles were unlawful (check out an analysis of mine on those FAQs here). Over the next few years (according to a bill analysis accompanying AB-45, CDPH issued 13 notices of violation, 7 voluntary condemnation and destruction regulatory letters, and 9 embargoes in the wake of this–all without ever creating a real regulation! Local departments of public health were also active in enforcement.
2019: California tried but failed to pass AB-228, which would have legalized CBD.
2020: California tried by failed to pass AB-2827 and AB-2028 which were both targeted to legalize CBD.
2021: AB-45 and SB-235 are both making their way through the California Assembly and Senate, respectively. I’ve summarized these bills here and here.

State Governments Are Starting To Ban Delta-8 THC — Photo by Christina Winter via Unsplash

The second of those links immediately above describes in detail provisions in these bills designed to outlaw any kind of smokable hemp product. I think these bills are long shots. This is in part due to the smokable hemp bans, which are facing huge industry backlash and severely narrow the market for hemp grown in the state, and in part due to general political reasons and opposition from the cannabis industry and elsewhere.

But there is one other feature of both of these bills that doesn’t seem to have been analyzed much in great deal before, which deals with delta-8 (and delta-10) tetrahydrocannabinol. If the bill passes in its current form, it could spell the end for delta-8 in yet another jurisdiction.

A lot of people don’t understand the difference between the different forms of THC, so I’ll give a brief summary. Delta-9 THC is the main intoxicating cannabinoid found in marijuana (again, called cannabis here in California, though “Cannabis” technically includes hemp too). Delta-8 and delta-10 are also cannabinoids found in marijuana and hemp but are generally expressed in very low quantities naturally.

Delta-8 specifically has taken off recently across the country. Like delta-9, it is intoxicating, though to a lesser degree. Because it is not usually present in high volume in cannabis, it’s usually derived by converting hemp CBD through chemical processes. What this means is that there is a large market in California for hemp biomass to use in creating delta-8.

R.I.P. Delta-8 THC: Why States And DEA Want It Banned — Photo by Jeff W via Unsplash

Problematically, the proposed bills would define “THC” to include delta-8, -9, and -10. And problematically, hemp product manufacturers will need to certify that raw extract they use does not contain more than .3% THC. While there are definitely some ambiguities here, they will likely be resolved in the final draft or by regulation. We predict that the effect will likely be that hemp products will not be able to contain more than .3% of any kind of THC, including delta-8. This will make the market for such products very small, or non-existent.

What’s even more of a challenge based on this new definition is that it modifies the standard for total THC testing to include all forms of THC. For a recap, the state and federal government mandate testing to determine whether hemp has .3% or more THC by looking at THC plus converted THC-acid (THCA), which will convert when heat is applied. There are different ways to do this but the end result is that hemp that has, say, .29% THC could go over the legal threshold if there is a certain amount of THCA. Now that THC is defined to include all forms of THC, the test could be even harder to meet in some circumstances (even though delta-8 and -10 are usually expressed in very, very small quantities).

Like I said above, I think these bills are long shots. But it will be interesting to see if they pass in their current form and how state and local regulators decide to handle the situation. For more updates, please stay tuned to the Canna Law Blog.

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

5 Reasons Weed Is Not Affecting You

Maria Loreto

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June 21, 2021

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Marijuana can affect people in different ways. Here are some reasons why you might not be feeling the hit after a smoke session.

There’s a lot of variety when it comes to the cannabis experience. Nowadays, there are dozens of options to try, from strains to different methods of consumption. Some people prefer strains that make them sleepy while others prefer ones that produce an energetic and joyful effect. And then there are those consumers who just don’t see what the fuss is about because they’re not feeling the effects.

While cannabis can be used for multiple purposes, it should provide the consumer with an experience that’s soothing and pleasant. If every time you smoke, you’re not getting anything out of it, there must be an explanation behind it.

Here are 5 reasons why weed might not be affecting you:

You inhaled wrong

What Is Vasodilation And Why Does It Happen When You Smoke Weed? — Photo by Alessandro Zambon via Unsplash

It may sound silly, but inhaling smoke is not easy, especially if you haven’t smoked anything before. It takes a few tries for people to get it right. In order to successfully inhale smoke and get cannabis into your bloodstream, you must inhale through the mouth, deeply until you feel your belly expand. A lot of people think that holding in the smoke will produce a stronger response, but this is likely their brain tricking them due to oxygen deprivation. Exhale slowly, that way you can minimize the risk of a coughing fit.

It’s your first time

Can You Smoke Two Cannabis Strains From The Same Bowl? Here's What Happens — Photo by Add Weed via Unsplash

It’s very common for first-timers to have a strange first experience with cannabis, sometimes not even knowing what they feel. As is the case with most things, ingesting cannabis takes some practice. Your body needs to learn how to get high, recognizing how it feels. Some experts also mention a cannabis “sensitization period,” which is a period of time where you won’t experience that high feeling due to your body getting developing more cannabinoid receptors as you start exposing it to more THC.

You’re using a consumption method that doesn’t work for you

What To Do If Your Marijuana Edibles Aren't Getting You How — Photo by Margo Amala via Unsplash

Whenever you try out a new cannabis method, it works to assume that you’re starting from scratch and are going through another sensitization period. Edible highs and inhaled highs are very different, so it’s important to be exposed to these methods several times before you get a grasp on how that particular high is supposed to feel like.

Genetics

This Is The Time Of The Year When People Are Least Likely To Use Marijuana — Photo by Zachary Nelson via Unsplash

Your genes might also play a role in the way in which you experience cannabis highs. Data shows that people with the genetic mutation in the AKT1 are more likely to experience paranoia and anxiety when smoking weed. There are also people who naturally have more endocannabinoids than others, experiencing stronger highs. This all means that there’s no way of predicting the way in which cannabis acts on your body. Everyone is different, and the only way to learn what works for you is to try out different things.

Tolerance levels

People With Severe COVID-19 Have This In Common — Photo by Gregory Pappas via Unsplash

Cannabis tolerance levels are very important. Many things can impact your tolerance, from your age, genetics, and frequency of consumption. Tolerance plays a part in how your body reacts to cannabis, with some people only needing one hit to go off on an anxiety spiral, while others can smoke more and feel very little. Try out different methods and amounts of cannabis you ingest, getting a feel for what your body responds to.

Can Marijuana Cause A Person To Become Aggressive

Mike Adams

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June 21, 2021

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Can Marijuana Cause A Person To Become Aggressive

If some of the research on the subject of marijuana and violence holds any weight, a society of stoners could create an uprising of evil that only stands to destroy the planet.

Marijuana use is usually synonymous with peace, love, and a bunch of tree-hugging. It is known as a chill herb where the most common side effects include making people happy and prompting them to laugh a lot more on their way to a Taco Bell drive-thru. By all accounts, marijuana seems to be that one drug which, if legalized on a global scale, might finally give way to a situation where conflicted countries are not trying to kill each other with a wicked vengeance. We know bar fights are started thanks to beer and alcohol. But can marijuana cause a person to become aggressive?

It just seems likely that the world would be a better place if it were stoned from time to time. But then again, if some of the research on the subject of marijuana and violence holds any weight, a society of stoners could create an uprising of evil that only stands to destroy the planet.

heres some great news if youre trying to find work in legal marijuana states — Photo by BrindleBerry/Getty Images

It might sound like complete lunacy to suggest that marijuana might contribute to a more aggressive population. Yet, a 50-year study examining the link between long term cannabis use and violence finds that it might not be that crazy after all.

Research published back in 2016 in the journal Psychological Medicine finds that regular cannabis use over the years seems to alter the brain in ways that make a person more likely to exhibit violent behavior.

“Together, the results of the present study provide support for a causal relationship between exposure to cannabis and subsequent violent outcomes across a major part of the lifespan,” lead researcher and neuroscientist Tabea Schoeler at Kings College London, explained to Psychology Today.

This is a touchy subject, to say the least, considering that the interpretation of such studies is often made without acknowledging various other factors. In other words, it is tough to say, with any level of certainty, whether a long marijuana habit is actually making people more aggressive and mean over time. At least not without first considering things like socioeconomic status and personality traits.

Pros And Cons Of Smoking CBD Joints — Photo by GRAS GRÜN via Unsplash

Because while the average marijuana user is typically viewed as kind and carefree, there are undoubtedly some among us that are raging jerk wads. Chances are, however, that they’ve been that way since birth, and their propensity for being a royal ass has nothing to do with weed.

Still, the study, which examined 411 boys from London born in or around 1953, found no violent behavior in the ones who never used cannabis in their life. But that was a different story for those who began using marijuana before the age of 18 and continued getting high well into adulthood.

Twenty-two percent of this group showed a history of violent behavior. And the best that researchers can tell is that the continued use of cannabis was the culprit. The results show that “impairments in neurological circuits controlling behavior may underlie impulsive, violent behavior, as a result of cannabis altering the normal neural functioning in the ventrolateral prefrontal cortex,” the article states.

But we don’t know if we buy it. In fact, we’d be willing to fight anyone who disagrees with us.

New York’s Cannabis Control Board — What’s Going On?

Simon Malinowski

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June 21, 2021

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New York’s Cannabis Control Board — What’s Going On?

The actual nomination of a Cannabis Control Board chairperson is the first tangible step towards a functioning cannabis industry in NY.

In all of the excitement over New York’s passage of the Marijuana Regulation and Taxation Act (MRTA), one of the things that often gets lost is that legalization was just the first step towards the issuance of adult-use cannabis licenses. The single most important administrative action item is the formation of the primary regulatory governing body, the Cannabis Control Board (CCB).

The CCB will be responsible for many of the prerequisites to adult-use licenses being issued. Chief among its responsibilities is the creation of the actual application process for both adult-use cannabis licenses and new registered organizations (ROs) and the industry’s rules and regulations, all of which will be issued within the framework of the MRTA.

Why 2021 Should Prove The Year Of Federal Cannabis Legalization — Photo by gradyreese/Getty Images

The CCB will consist of five board members: three appointed by the Governor and two appointed by the Senate and Assembly (one each). The CCB’s chairperson will be nominated by the Governor with the advice and consent of the Senate. CCB members will be appointed for a term of three years and must be citizens and residents of New York.

It is difficult to overstate the importance of the CCB’s chairperson. The chairperson will have an outsized influence on the direction of New York’s cannabis industry. With so much leeway in issuing the industry’s rules and regulations, the chairperson has the ability to really prioritize social and economic equity applicants, decrease the early head start that could be held by the existing ROs, and establish a sustainable licensing process. The chairperson is also, technically, the individual who makes the preliminary determination as to whether a given license should be issued.

Below are a few practical examples of the CCB’s ability to steer the industry:

Restricting existing RO ability to sell other producer’s products at retail

As we previously noted, there is some debate as to whether the MRTA expressly limits RO ability to sell any adult-use products in their respective adult-use dispensaries, instead of just their own products. It will be up to the CCB to clearly regulate whether the apparent prohibition applies to retail sales.

Confirming whether On-Site Consumption Licensees can sell retail

With separate licenses for retail and on-site consumption, as well as an almost complete ban on holding multiple license types, it is unclear whether an on-site consumption licensee can also sell retail cannabis. Allowing both retail sales and on-site consumption for on-site consumption licensees is likely the difference between having a potentially sustainable business model and a money-loser that will probably not survive.

Will New York Bungle Marijuana Legalization Again In 2021? — Photo by Alex Azabache from Pexels

Setting application fees

Do we need to explain the significance of this one? The CCB has the authority to charge applicants a non-refundable application fee. How the CCB sets that fee will directly impact how many prospective licensees will submit applications.

Setting canopy limits for Cultivator Licensees

We have been pretty vocal about the importance of real estate as part of the licensing process. For prospective cultivator licensees, a major consideration in looking for real estate is how much usable square footage is needed. The CCB will determine if there is a canopy limit, which will directly correlate with cultivator license applicants’ need for real estate.

Defining a microbusiness

With the microbusiness license one of the exceptions to the ban on vertical integration, we have had many clients ask about whether they would qualify as a microbusiness. The CCB will provide its definition of microbusiness, which may (or may not) open an avenue for vertical integration for a number of prospective applicants.

The importance of the CCB is clear by just looking at a few practical issues. All of which begs the question: what is the status of Governor Cuomo’s nomination of the CCB’s chairperson?

New York’s legislative session ended on June 10, 2021. The expectation had been that Governor Andrew Cuomo would have nominated someone in time for the chairperson to be approved by the end of the legislative session. With the overwhelming approval of legalization and excitement of impending tax revenue, contrasted by the cascading delays in accepting applications that would be caused by not appointing the CCB’s chairperson and four other board members by the end of this legislative session, it is difficult to comprehend that the Governor would take the risk of not timely making appointments. Yet here we are, over halfway through June, and we may now be waiting until January 2022 for the CCB’s chairperson to be appointed.

In terms of who might be nominated, a few names have been thrown out. It now appears that Governor Cuomo intends to nominate Karim Camara, a former Assembly Member and aide to the Governor. This is somewhat of a surprising development as it was widely expected that the Governor would nominate Norman Birnbaum, New York’s cannabis czar.

To avoid putting the cart before the horse, we will hold off on walking through the bios and our thoughts on prospective appointments until an actual nomination has been made. But like the rest of New York’s cannabis industry, we are eagerly awaiting the actual nomination as the first tangible step towards a functioning cannabis industry in New York.

Simon Malinowski is an attorney at Harris Bricken. This story was originally published on the Canna Law Blog and reposted with permission.

Were The Sick Just Dying To Legalize Marijuana For The Healthy?

Richard Cowan

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June 21, 2021

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Were The Sick Just Dying To Legalize Marijuana For The Healthy?

The booming marijuana industry and the cannabis community truly owe their freedom and businesses to the patients still living.

Disclaimer: The views expressed in this article solely belong to the author and do not necessarily represent those of The Fresh Toast.

The drive to legalize marijuana seems unstoppable. Arrests are falling (but still over 400,000 annually), and the various cannabis industries (plural) are booming. Hooray for our side!

If present trends continue, in a few years, people will have forgotten that marijuana was ever illegal. The memory hole really works. 

How Cannabis Banking Bill Fares In Senate Will Dictate Future Of National Marijuana Reform — Photo by krisanapong detraphiphat/Getty Images

So how did 100 years of maximum government and medical and media industry propaganda fail? Or did it?

We owe it all to medical marijuana. It wasn’t just that cannabis was medically useful. It worked when nothing else did, and so the medical establishment, the American Medical Association, etc, the Quackocracy, simply lied about it, and, outrageously, they continue to do so. 

SEE: The Individual Courage And Collective Cowardice Of The Medical Profession

Then “People With AIDS” got uppity. In San Francisco, my late, great friend, Dennis Peron, a gay rights activist and a remarkably brave human being, took a stand.

“In 1991, Peron organized for the passage of San Francisco’s Proposition P, a resolution calling on the state government to permit medical cannabis, which received 79% of the vote.” 

Medical Marijuana Not Always An Affordable Alternative To Prescription Drugs — Photo by Matthew Lloyd/Getty Images

Five years later, Peron backed Proposition 215 which won 55.6% of the vote and demonstrated that the people could bypass the politicians and the medical establishment… in states that allow the people to vote on issues.

SEE: Pride Month: Celebrating ties between California’s cannabis and LGBTQ movements

Then the Internet emerged as a way to bypass the “gatekeepers”. Journalism in the “free world” has utterly failed by its own standards. Even now, the arrest numbers are rarely reported, and the federal government continues to block cannabinoid research, and millions of sick and dying Americans still cannot get medical access to a plant, and it isn’t reported. 

The problem is actually much worse in Britain and the EU.

SEE: Why Do The British Insist On Confusing Cannabis With Tobacco?

As Dave Berry quipped, “It is better to be rich and healthy than poor and sick.”

While over-regulation and high taxes are problems for the recreational market, they are much worse for the patients.

Ironically, our medical marijuana system resembles the rest of the American medical system economically. It’s the best in the world, if you can afford it. 

Best States For Medical Marijuana Dispensaries — Photo by CasarsaGuru/Getty Images

Even more ironic is the sad fact that this is especially true in California, where patients complain about the high cost of over-regulated and over-taxed medicine. Consequently, the black market marijuana business in California is booming.

SEE: This State Is Home To The Largest Marijuana Black Market 

AND: Why The Law Of Unintended Consequences Is The Only Law That Always Works 

In some ways these regulations are beneficial to patients who may be at greater risk from contaminants such as mold. However, there were few problems reported in the AIDS community when only black market weed was available. Similarly, in Dutch cannabis “coffeeshops”, weed is sold from open bins and there have never been any major problems.

Obviously, medical marijuana should be covered by both private and government health insurance, which would make it much more affordable. There may be political problems with that, but far more dangerous and addictive drugs are covered by insurance.

SEE: How Psychedelic Medicine Followed Medical Marijuana But Don’t Mention the Drug War

Patients should also be encouraged to grow their own, either in co-ops or in conjunction with artisanal growers.

SEE: Let Artisanal Marijuana Growers Replace Black Market With Home Grown

Of course, patients need more than cheap weed. They may need more guidance about which strains are best for people with their particular problems. Many older patients may even need guidance about how to smoke or vape. 

Using Medical Marijuana To Treat Diabetes — Photo by Esther Kelleter/EyeEm/Getty Images

The first time I visited Peron’s San Francisco Cannabis Buyers Club it was obvious that it was more than just a store. The patients could sit down and smoke their medicine with other patients and be treated like human beings. Many of them badly needed to medicate, but there may not have been anyplace else where they could smoke. 

The recreational market is finally getting “consumption lounges”, equivalent to Dutch “coffeeshops”. 

SEE: Marijuana Social Clubs Are The Last Major Step For Legalization

Again, hooray for our side, but medical patients need and deserve it even more. The booming marijuana industry and the “cannabis community” truly owe their freedom and businesses to the patients still living and to the memory of those like Dennis Peron who fought the good fight to get us where we are today.

SEE: Why The US Has Made A Complete Mess Of Partial Marijuana Legalization (So Far)

Richard Cowan is a former NORML National Director and author of What You Need To Know About CBD And Drug Testing.

Which Is More Harmful Cigarettes Or Blunts

Maria Loreto

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June 20, 2021

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Which Is More Harmful Cigarettes Or Blunts

Cigarettes and blunts produce smoke that is harmful to your lungs. But which method of consumption is worse for your overall health?

There are marked differences between tobacco and marijuana, but there are still a few things they share. One of them is smoke, a harmful agent no matter which way you look at it. Despite the content inside the wrapping paper, ingesting ash is harmful and could have repercussions later on in your life.

But what is more harmful: cigarettes or blunts? There are a few studies out there that look into both, finding some differences that have some weight when it comes to your overall health.

Tobacco is highly carcinogenic

Can CBD Help You Quit Smoking Cigarettes? — Photo by Mathew MacQuarrie via Unsplash

When comparing cannabis and tobacco, cannabis is the clear winner. Tobacco is a highly carcinogenic element, one that’s also very addictive. While cannabis can be addictive and toxic when ingested via smoke, your body isn’t exposed to the same level of toxins as it is when consuming tobacco.

Tobacco contains over 4,000 different chemical compounds with many of them having links to cancer.

Cigarettes are smoked more often than blunts

5 Things About CBD Cigarettes You Should Know — Photo by Graham Hughes/EyeEm/Getty Images

Another con of cigarette smoking is related to the number of cigarettes people smoke daily. Moderate cigarette smokers smoke from 1 to 5 cigarettes a day. The more they consume cigarettes, the likelier they are to develop lung cancer and heart disease.

While blunts are harmful and result in a lot of ingested smoke, they’re also consumed much less often. Unlike cigarettes, blunts are usually shared and not consumed on a daily basis.

But cigarettes have filters

Cannabis Is Much Safer Than Cigarettes — Photo by Philippe Goulet via Unsplash

One thing that cigarettes have that blunts don’t is the presence of filters, which can prevent the amount of tar and ash that your lungs are subjected to. While the filter does very little when it comes to preventing cancer, it is a beneficial advantage. Blunts are bigger and produce more ash and tar, with no filter in between them and your mouth.

At the end of the day, it’s all about personal preference. Blunt smokers have an edge over cigarette smokers, especially since they can find other ways of ingesting cannabis. Plus, light to moderate cannabis use hasn’t been linked to lung cancer, so it’s important to stay moderate.

Are Doctors Good Sources For Medical Marijuana Info

Brendan Bures

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June 20, 2021

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Are Doctors Good Sources For Medical Marijuana Info

While almost half of primary care patients used cannabis in the past year, only 18% consider their provider a reliable source of information.

The majority of cannabis patients do not consider their primary care physicians a good source of information regarding cannabis, according to a recent survey. The results coincide with a growing concern about the lack of education doctors receive regarding the therapeutic benefits cannabinoids provide.

A 2020 study published in the Journal of Primary Care & Community Health surveyed more than 1,000 primary care patients in Vermont who were at least 18-years-old. Though the state legalized medical cannabis in 2004, only 18% of survey respondents rated their doctor as a reliable source for cannabis information.

According to the survey, 45% of Vermont primary care patients reported using cannabinoids in the past year.

Photo by Sarah Pflug via Burst“Given the large proportion of patients using cannabinoids, primary care providers likely need more education about the potential risks and benefits,” researchers wrote. “We suggest that providers initiate an open dialogue about cannabinoid use with all patients in order to create a safe space for patients to ask questions and monitor use.”

According to a 2019 survey, 45% of primary care providers said they were not prepared to answer patient questions about medical marijuana. However, 77% expressed interest in learning more.

Primary care physicians aren’t the only ones who feel a lack of medical knowledge regarding medical marijuana. A study published in May in the journal Current Oncology found that most Canadian oncologists “lacked sufficient knowledge about cannabis and its utility as a medication in cancer treatment.”

Israeli Firm Says Medical Marijuana Best Taken In Microdosing Format — Photo by Esther Kelleter/EyeEm/Getty Image

An earlier study published in the Journal of the American Pharmacists Association found that more than 90% of pharmacy students believed medical cannabis should be legalized and more than 70% stated they as pharmacists should be responsible in the dispensing process of medical cannabis. But researchers reported that only 15% of students received passing scores when tested on their cannabis knowledge.

According to the study, “Although students feel pharmacists should be involved in the dispensing process of [medical cannabis], this study continues to highlight that pharmacy students are not prepared to recommend, counsel, and interpret drug interactions related to [medical cannabis].”

Joe Exotic Launches Cannabis Brand From Jail

Maria Loreto

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June 18, 2021

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The Tiger King will be launching his cannabis brand soon. And, yes, he is still behind bars.

Joe Exotic, that guy from the Netflix series Tiger King, is getting involved in the weed business. Unlike many other cannabis entrepreneurs, he is launching his brand from jail.

Per TMZ, Exotic (real name Joseph Maldonado-Passage) has been working on this idea for a cannabis brand since last July. In a statement, entertainment lawyer Brad Small, one of Exotic’s attorneys, said that his client would be partnering up with Tango Hotel Charlie Group, LLC and Cannaxxs LTD. The collaborative brand will be called Joe Exotic Cannabis.

To make the story even weirder, Exotic is partnering with Jason Hervey, the older brother from the hit TV series the “Wonder Years.”

Tiger King and Marijuana Are Linked In More Ways Than One — Photo by Nick Karvounis via Unsplash

According to Forbes, Small mentioned to Hervey that he was looking to strike a deal in the cannabis industry for his client and the rest is history. “I told Brad, ‘Well, that’s funny, my friend and I are discussing the cannabis business right now,” said Hervey. “The timing was good; the chemistry was even better—away we go.”

The outlet further explained that:

When asked what he thinks about doing business with someone who is in prison for a murder-for-hire plot—Moldanado-Passage has vehemently denied the charges he’s been convicted of—Hervey admits that Joe Exotic is a “polarizing figure” but he believes being in prison only makes Joe’s story and brand more compelling.

It seems like Exotic has been involved in every stage of the brand-making process via phone calls and emails. One of Exotic’s motivations to get involved in the cannabis industry is to provide relief for people who suffer from a variety of ailments.

Joe Exotic Cannabis will include a variety of products and will be sold in dispensaries located in Colorado, California, and Oklahoma. The brand’s products will include THC in the states where it’s legal (California and Colorado) and CBD.

The brand will launch within weeks, with a part of the proceeds being donated towards captive tiger care organizations.

In addition to “Tiger King”, Exotic’s much-touted 2020 also included a fight with the Trump administration following an attempt to get a pardon from the then-sitting president. Exotic now claims to have “more faith in President Biden and VP Harris to do the right thing, not just for me, but for the thousands serving long sentences for non-violent crimes such as conspiracy.”

Despite the ending of the documentary series, Hollywood is not through with Joe Exotic and Carole Baskin’s story. Two scripted TV series are in the works, one starring Nicolas Cage and the other with Kate McKinnon and Cameron Mitchell attached to star.

Washington’s Joints For Jabs Program Proves Challenging For Marijuana Retailers

Daniel Shortt

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June 18, 2021

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Washington’s Joints For Jabs Program Proves Challenging For Marijuana Retailers

Health care organization, such as hospitals and universities, are hesitant to get involved with the Joints for Jabs program as marijuana remains illegal at the federal level.

The Washington State Liquor and Cannabis Board (WSLCB) recently garnered national attention for rolling out its “Joints for Jabs” promotion. The incentive program is intended to encourage vaccinations by allowing licensed Washington marijuana retailers to provide free joints to adults vaccinated at in-store clinics. The Joints for Jabs promotion received a glowing write up in the New York Times and was covered extensively by national television outlets such as ABC News.

However, subsequent local coverage of Washington’s Joints for Jabs, such as an article from Seattle-based AP reporter Gene Johnson, indicates that the program is “falling flat.” This post will examine the issues potentially slowing down the Joints for Jabs program in Washington and provide details on how Washington retailers (might) be able to give out free joints during this limited vaccine promotion.

You Can Get A Free Joint If You Get Vaccinated In Washington State — Photo by Elsa Olofsson via Unsplash

Before diving in to the WSLCB’s Joints for Jabs program, it’s worth noting that this is not the first Joints for Jabs program in the country. As far as I can tell, the phrase Joint for Jabs originated from an advocacy group out of Washington DC called DC Marijuana Justice (DCMJ) who organized a joint giveaway at public vaccination sites in the city. DCMJ brought together homegrowers, who operate within the confines of DC’s marijuana laws, to lawfully distribute free bags of cannabis to folks who received a “jab” aka a vaccine shot.

The WSLCB’s Joint for Jabs program may share a name with the DCMJ promotion but it’s a much different program. DCMJ is an advocacy group that organized donations from homegrowers. The WSLCB is a state agency that regulates cannabis, liquor and tobacco. Unsurprisingly, the government agency’s program is a little more complicated and bureaucratic.

The WSLCB’s Joints for Jabs promotion was announced with some restrictive conditions and constraints:

Timing. The Joints for Jabs program runs from June 7-July 12, 2021, a little more than a month.
Joints Only. Retailers may only provide one pre-roll joint to a person who received a vaccine dose. No other product may be given away.
Retailers Only. Only retailers may give away joints. Producers and processors cannot participate in the program. Retailers must purchase joints they intend to give away as part of the program at wholesale, meaning that producer and processors cannot give away or donate joints to retailers who would then give those same joints to vaccine recipients.
Records. Retailers must keep records of products provided as part of this program.
Age Restriction. Only adults over the age of twenty-one can receive a free joint. If a retailer is hosting an on-site vaccination clinic the retailer must continue to ensure that minors do not enter retail stores.
On–Site Vaccinations Only. Only individuals who received a vaccination shot at an in-store or on-site vaccine clinic at the retail location are eligible to receive a free joint. The joint must be given at the same time that the person receives a vaccine and cannot be delayed, postponed, or given out at a later date.

According to Johnson’s article, licensed retailers find the requirement that only individuals who receive a vaccine on-site may receive a free joint to be particularly challenging:

“Retailers told the state Liquor and Cannabis Board during a meeting Wednesday that many don’t have the space to host a vaccine clinic. Some health-care providers are queasy about setting up a clinic on the site of a marijuana business because they don’t want to jeopardize federal funding by being involved in the distribution of an illegal drug. And the program is set to expire July 12 — too soon for them to offer a second shot to customers who might show up for a first shot in mid- to late June.”

These restrictions – as per usual for cannabis – are far stricter than similar allowances the WSLCB provided for a similar vaccine promotion with liquor:

“The retailers also ruefully noted that the Liquor and Cannabis Board allowed breweries, wineries and bars to offer a free drink to customers who merely showed proof of vaccination — no onsite clinic required.”

The on-site restriction is a major sticking point. Marijuana retail stores are generally small operations. They are designed so that people can come in, make a selection and purchase cannabis. They are not designed to allow space for administering vaccinations.

This Vaccine Side Effect Can Affect Your Whole Body — Photo by National Cancer Institute via Unsplash

In addition, simply finding health-care providers to come administer vaccinations is a challenge. Generally speaking, retail store employees are not medical professionals capable of administering vaccines. Health care organization, such as hospitals and universities, are hesitant to get involved with the Joints for Jabs program as marijuana remains illegal at the federal level.

Retailers hoping to participate in the Jabs for Joints promotion can reach out to the Washington State Department of Health (DOH) by filling out the “off-site vaccination clinic checklist and guidelines” form and submitting it to covid.vaccine@doh.wa.gov. The DOH also provides resources on giving the vaccine, including a Vaccine Administration Frequently Asked Questions/Planning Resources page on its website. The Center for Disease Control also provides resources for hosting a vaccine clinic. At least one Seattle-based retailer has set up a Joint for Jabs program, with Uncle Ike’s hosting a vaccine site on June 16, 2021.

If you are a Washington retailer who wants to host a vaccine clinic as part of the Joints for Jabs program you can discuss this issue further by setting up a call with one of our Washington attorneys.

A Pill To Cure COVID-19? It’s Possible

Maria Loreto

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June 18, 2021

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Antiviral pills have been able to provide treatment for viruses like HIV, influenza and more. The U.S. is now investing in a pill for COVID-19.

The COVID-19 vaccine was a worldly effort that resulted in the fastest vaccine ever made. The shot put a door stop in the pandemic and allowed millions of people to feel safe and return to a sense of normalcy.

Now that there’s a vaccine that drastically reduces the odds of contracting the disease, the U.S. government is interested in a pill that could treat COVID-19 infections.

This COVID-19 Vaccine Side Effect Suggests You May Already Have COVID — Photo by CDC via Unsplash

As reported by the New York Times, the U.S. government is investing $3 billion dollars into researching a pill to fight COVID-19. This funding will speed up a program that will facilitate clinical trials of pills that are in development, with the goal of having a first generation of them ready by the end of the year. The program will also work on developing pills that can treat other viruses and prevent future pandemics.

Antiviral pills are used to treat a wide variety of conditions like HIV, influenza and more. While there’s a year of evidence and data to work with, during the bulk of the pandemic doctors had a hard time curing sick people with COVID-19.

These Are The 5 Most Common Face Mask Mistakes — Photo by ?? Claudio Schwarz via Unsplash

The pill would ideally work when taken early on in the progression of the disease, attacking the infection quickly and preventing its spread and propagation, which is when complications arise for the majority of people. Still, despite the promising pills in the program, it’s difficult to get a functioning pill on the first trial, so experts believe it will take a couple of years to get a functioning prescription for COVID-19.

The program would provide support for the development of pills that can treat coronaviruses, flaviviruses (transmitted primarily by ticks and mosquitoes) and more. Even if the pills are not effective right away, they create a groundwork that could help curb future pandemics and save millions of lives.

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