We’re About To See If Senate Filibuster Will Ruin National Cannabis Reform

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May 11, 2021

We’re About To See If Senate Filibuster Will Ruin National Cannabis Reform

Chuck Schumer and crew have been talking a lot of smack this year about how they will introduce a comprehensive cannabis reform bill, and how it’s going to pass.

There has been a lot of chatter during President Biden’s first 100 days in office over this thing called a “filibuster” and how it will prevent the Democrats from legalizing marijuana at the national level. However, we’re about to enter a time when cannabis advocates, pot industry executives, and lobbyists will get to see firsthand just how much of a crude destructor this old Senate rule is going to be for the course of federal marijuana reform. Welcome to the next 100 days.

The Democrats have done an excellent job for America so far. They are responsible for passing a huge $1.9 trillion coronavirus relief bill to keep the nation from sinking into the gutters. At the same time, vaccinations are happening without issue, and businesses are starting to get their footing on the steps back to normal. But this progress was made relatively quickly, considering that it only took a simple majority to pass it through budget reconciliation. They didn’t need any Republican support, which is a good thing because they didn’t have any. And the fight is far from over.

Congress To Vote On Nationwide Marijuana Legalization In December — Photo by Esther Kelleter / EyeEm/Getty Images

Now is the time when Senate Democrats need to be prepared for war. In the next 100 days, President Biden will want to chip away at his agenda — affordable healthcare, ending gun violence, tackling the opioid crisis, etc. — but not much of it will have the capacity for movement under the filibuster.

This rule dictates that most legislation needs a 60-vote supermajority to pass. The Democrats might control the Senate, but only by a 50-50 margin, with Vice President Kamala Harris being the tiebreaker. Democrats absolutely need Republicans to have their backs. It’s the reason Senate Majority Leader Chuck Schumer is trying to play nice, extending a political olive branch to Republicans.

“I’m trying, in this month and next month, to do two things. No. 1, put some bipartisan things on the floor that show the Republicans but my colleagues as well that we mean we’re serious that we want to do bipartisanship when we can,” Schumer said during a recent interview with The Ezra Klein Show. “But second,” Schumer continued, “we’re also going to put on the floor some of the things that don’t have bipartisan support.” Enter cannabis reform.

Chuck Schumer’s Senate Balancing Act Could Impact Marijuana Reform — Photo by Sarah Silbiger/Getty Images

Schumer and crew have been talking a lot of smack this year about how they will introduce a comprehensive cannabis reform bill, and how it’s going to pass. In February, Senator Schumer, Senate Finance Committee Chairman Ron Wyden, and Senator Cory Booker announced that they were going after federal marijuana prohibition, making it a high priority for the Senate. Since then, cannabis advocates have heard how the bill would be designed somewhere between full-blown legalization and decriminalization; how it would cater to small businesses and it is coming “soon.”

Marijuana is undoubtedly one of those issues that Schumer is talking about when he mentions putting some things on the floor that don’t have bipartisan support. Even though cannabis crosses party lines in Congress, it’s mostly the usual suspects (politicians who have supported it for years). There’s not enough new blood on board to make it a sweeping issue. Not with the filibuster hanging overhead. Senate Minority Leader Mitch McConnell is prepared to go scorched earth Senate to seek revenge on Democrats over the election and how they’ve gone about furthering their agenda.

Furthermore, Schumer recently learned that not even his own party was entirely on board with revamping the nation’s pot laws. At least a few have come forward as of late to express a lack of interest. Rest assured, Schumer is counting votes to weigh his chances.

As The Fresh Toast has mentioned countless times, Schumer and his Democratic-controlled Senate face immense challenges in passing any cannabis-related bill in 2021. Not even a modest cannabis banking measure known as the SAFE Banking Act is a sure thing. If the Senate goes for all the marbles — full-blown legalization –—the bill would inevitably make it through committee and be put on the Senate floor for a vote. But it is there that it will die at the hands of the filibuster, no doubt. Senator McConnell is frothing at the mouth to shut down this effort and more.

Does Democratic Senate Really Have Enough Power To Legalize Marijuana Nationwide? — Photo by Drew Angerer/Getty Images

Schumer has some options this year if he wants to pass a cannabis reform bill. But none of them are going to be easy. One: He can gather the necessary votes to destroy the filibuster and just pass the bill without Republican interference. Two: He could negotiate Republican votes in favor of his pot bill in exchange for more palatable terms on other measures the party plans to push through with budget reconciliation. Three: Try to get cannabis reform approved for budget reconciliation, and hope that it doesn’t get repealed the next time Republicans come to power.

Schumer must also work to get his party on track. Democrats are still somewhat divided on critical issues, from raising the minimum wage to $15 per hour to changing the nation’s pot laws. Schumer might be the new majority leader, but he’s certainly no Mitch McConnell. During his time as Majority Leader, McConnell proved to be a blood-thirsty shark, chock full of the guts and hammer-fisted political power to paint his portrait of America. Schumer now has that big, bad Senate title, but without the respect and clout.

It’s going to take some time before he can work the Senate with savoir faire. Unfortunately, marijuana reform could suffer if he fails to get tough and start playing the game. Let’s hope we see a better fight in Schumer in the next 100 days. If not the filibuster is going to eat him.

Did COVID-19 Boost Medical Marijuana Use?

Green Market Report

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May 11, 2021

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Did COVID-19 Boost Medical Marijuana Use?

The need for medical marijuana has seemingly changed, as many individuals are now looking for a stress-reliever and a similar form of “dopamine” to help endure the pandemic.

By Taneia Surles

Due to the ongoing COVID-19 pandemic, many people, including newcomers to medical marijuana, have changed their reasons for using it. The virus is stressful for millions, if not billions of people worldwide, which has led many of them to resort to different options to find the contentment they once had pre-COVID. Thanks to alternative health options such as medical cannabis, many people can find relief for their ongoing stresses from the pandemic.

Based on data provided by healthcare technology company Veriheal and other sources, the use of medical marijuana has changed for many users since early 2020, when the pandemic officially took hold in the United States.

Here's What You Should Know About The New Strain Of COVID-19 — Photo by Max Bender via Unsplash

The increase in unemployment rates, the introduction of virtual learning for previous in-person students, losing direct contact with a support system, and the threat of being evicted have led many to resort to medical marijuana to ease their stresses surrounding the pandemic. Many individuals who had not previously been diagnosed with a mental illness began to show symptoms throughout this pandemic, leading to a significant increase in the need for mental health services and medications.

For those who prefer alternative health options, medical marijuana was the chosen method to ease their stresses and other possible mental health symptoms. For Veriheal, a CannaTech company that helps its customers receive a medical marijuana card, they have seen a drastic change in why their customers are pursuing medical cannabis.

According to the data provided by Veriheal, the number one reason or “effects desired” for individuals wanting medical marijuana was “happy/bliss,” with “relief/pain-free” being the second reason. Typically, most medical marijuana users suffer from chronic pain or mental illnesses that they can alleviate with medically prescribed cannabis. The need for medical marijuana has seemingly changed, as many individuals are now looking for a stress-reliever and a similar form of “dopamine” to help endure the pandemic.

This Is How Our Bodies Will Change After Spending Months Indoors — Photo by Vlada Karpovich via Pexels

Here is some additional information pulled from Veriheal’s data:

Pennsylvania currently has the highest demand for medical cannabis compared to other states, with the possible reason being that the state is medical-only.
The city of New York has the highest demand for medical cannabis as a city. It is to be noted that at one point during the pandemic, New York City had the highest number of confirmed COVID-19 cases.
The number one reason males use medical cannabis is to be happy (42%), while women use it primarily for relief (39%). As mentioned earlier, the two primary uses for medical marijuana during the pandemic are happiness/blissfulness and pain relief.

The data provided from Veriheal helps to give insight into how the future will look for medical marijuana. Even with the introduction of COVID-19 vaccines, there is no set-in-stone date when the pandemic will end. With this in mind, being happy or blissful may continue to be the top reason why people are pursuing medical marijuana for the near future.

This article originally appeared on Green Market Report and has been reposted with permission.

Will The COVID-19 Vaccine Mess Up Your Menstrual Cycle?

Maria Loreto

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May 10, 2021

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Will The COVID-19 Vaccine Mess Up Your Menstrual Cycle?

Women have been reporting changes in their menstrual cycles after getting the COVID-19 vaccine. Here’s what health experts are saying.

There are many predictable reactions that can occur when you get your COVID-19 shot, like fever, chills and more. Other side effects, like impacted menstrual cycles, are being reported, prompting many questions.

Among the reports that are being released, women have explained heavier periods than usual and significant period delays after getting their COVID-19 vaccine. Does the vaccine really impact peoples periods or are these just coincidences?

Medical Cannabis Helps Severe Dysmenorrhea — Photo by BJI/Lane Oatey/Getty Images

There’s not a lot of research out there on the COVID-19 vaccine having an impact on menstrual cycles, but dozens of women have submitted reports of heavier and altered cycles on the CDC’s Vaccine Adverse Event Reporting System. This surveillance program is one where anyone can report their side effects after getting the shot, so, as of this writing, the evidence is considered anecdotal.

Doctors have different theories as to why this might be happening, but none of them are very strong. When it comes to experiencing more pain during menstrual cycles, one theory is that vaccine pains can compounds period pains, resulting in an experience that is overall more uncomfortable and difficult to manage.

Stress is another factor that could have a hand. “Menstrual cycles can be altered or influenced by many factors, including stress, poor sleep, exercise, and some medications. It wouldn’t be that unusual for some women to notice, after receiving the vaccination, changes in their period, such as it coming on earlier, or having a heavier flow, or noticing more cramping than they usually have,” Dr. Gloria A. Bachmann told Health magazine.

For the time being, there’s no way of knowing if the vaccine could have a direct influence on your period. During vaccine trials, heavy bleeding or irregular cycles weren’t reported as any of the side effects. Still, it’s assumed that if there are changes with your cycle, they are temporary and should return to normal within the coming month. It’s important to visit a doctor if they persist.

Despite the fears and stories, experts are adamant about the importance of getting the COVID-19 shot. Whether you have your period or are put off by the potential side effects, it’s important to make your appointment to get your shot as soon as you’re able.

Forced Labor And Cannabis

Fred Rocafort

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May 10, 2021

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While no industry should consider itself exempt from the risk that its supply chain will be contaminated by forced labor, agricultural production is of particular concern.

In recent weeks, I have spoken to several entrepreneurs interested in growing cannabis in Africa for exportation to the United States and other markets. It is not hard to see their attraction to the idea: The areas in question have suitable climates to grow cannabis, while inputs such as land and labor are relatively inexpensive. There is still a way to go before it becomes as straightforward to import hemp to the United States as it is to bring in oranges, but importation of raw materials is the logical direction to follow if market forces are heeded.

As the cannabis industry continues to internationalize, it would do well to pay attention to the issue of forced labor. Enforcement activity against the importation of goods made using forced labor has become a major focus area for U.S. Customs and Border Protection (CBP). The cannabis industry has the opportunity to get things right from the start, avoiding the pitfalls encountered by companies in other sectors.

cannabis and forced labor — Photo by AlenaPaulus/Getty Images

By way of background, U.S. law prohibits the importation of “goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions” (19 U.S.C. § 1307). In turn, forced labor is defined as “all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.”

This prohibition has been on the books for a long time, but in recent years has really come to the forefront. In addition to the ethical imperative of doing all they can to avoid becoming complicit in forced labor, U.S. importers also have to be concerned about the potential for supply chain disruptions, fines, and even jail sentences.

For business opportunities overseas, cannabis companies must keep forced labor concerns front and center. Obviously, any suggestions that forced labor is being used by a supplier must raise immediate red flags. However, CBP is demanding much more from importers, as those who find themselves the target of a CBP “focused assessment” (audit) are learning.

The necessary work begins at home, with companies establishing proper internal policies on forced labor. Relevant staff must receive training on the subject. Supplier vetting must incorporate forced labor risk assessments. Contracts with suppliers must specifically prohibit the use of forced labor and ensure access to internal or third-party auditors.

How Hemp Can Be Used To Clean Up Oil Spills — Photo by Lukas via Pexels

While no industry should consider itself exempt from the risk that its supply chain will be contaminated by forced labor, agricultural production is of particular concern, as demonstrated by some recent forced labor cases. Back in December 2020, the Supreme Court heard arguments in a case brought against U.S-based Nestlé and Cargill by six Malians “who claim they were kidnapped and sold to cocoa plantations along the Ivory Coast as children.” A couple of months earlier, CBP issued a forced labor finding against a stevia producer in China’s Inner Mongolia region. However, cannabis companies need to pay attention to all the products they import, not just cannabis itself. This includes goods such as clothing and smokers’ accessories.

Undergoing a CBP audit is unlikely to be a pleasant experience for any company, but preparing for the eventuality of one is essential for a successful outcome. Moreover, there is no reason to expect CBP will cut cannabis companies any slack. As they say, however, forewarned is forearmed.

Fred Rocafort is a former diplomat who joined Harris Bricken after more than a decade of international legal experience, primarily in China, Vietnam, and Thailand. This article originally appeared on the Canna Law Blog and has been reposted with permission.

Marijuana Social Clubs Are The Last Major Step For Legalization

Richard Cowan

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May 10, 2021

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Marijuana Social Clubs Are The Last Major Step For Legalization

No one has considered copying the Dutch model where people can buy small quantities of cannabis and smoke it on site or take it home. 

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

There are three major steps in the legalization of marijuana: Stop arresting people for possession of marijuana, even if they are not white; Take marijuana sales out of the black market with hard drugs; The establishment of venues where marijuana can be consumed in the presence of other actual human beings to see if the Universe will implode.

On 420, the Mayor of Denver signed an ordinance that would legalize places where customers could bring their own weed to smoke, as well as clubs that could sell small amounts of weed to be smoked there. But no one seems certain about when it will go into effect. Well, as the saying goes, if the people will lead, the leaders will follow. There are already a number of “smoke-easies” where patrons can BYO their weed in Denver.

Why Cannabis Consumption Lounges Have Failed To Takeoff — Photo by Photography Life via Unsplash

Similarly, Nevada’s legislature seems likely to authorize “consumption lounges”. New York’s new marijuana law leaves that issue to the local authorities, so New York City can and will almost certainly allow it. In any case, it seems  likely that both cities will have venues where patrons can legally consume their legal cannabis.

SEE: Federal-Level CBD Advertising Laws

Of course, the Dutch did all that in the 1970s, but apparently they live on another planet, because no one in any other country on Earth has even considered copying their model where people can buy small quantities of cannabis and smoke it there or take it home. 

But wait until they hear about Barcelona!

Barcelona has taken maximum advantage of a loophole in Spanish law. There are a large number of “Cannabis Social Clubs” that really are “Clubs”, but they are very friendly for strangers. Some of them are really lavish. It remains to be seen how many will survive the pandemic, which has devastated Spanish tourism.

SEE: Guide cannabis clubs in Barcelona AND: How To Join A Cannabis Club In Barcelona In 2020 – A Complete Guide

For me, the key point is the word “social”. In the bad old days, I used to joke that there was a lot more smoke than sex in closets. But now I say, no more lies and no more closets. Marijuana has always been a “social drug” like alcohol, but without the violence. (The Dutch  police are almost never called to “coffeeshops.”) It is hard to imagine anything more “social” than sharing a joint or bong, but the pandemic will require improved “social hygiene.”

When Jefferson wrote the Bill of Rights he included Freedom of Assembly in the First Amendment. (Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.)

The term ”smoke-filled room” is actually 101 years old. According to Wikipedia: “The origin of the term was in a report by Raymond Clapper of United Press, describing rumors of the process by which Warren G. Harding was nominated at the 1920 Republican National Convention.” Of course, it was tobacco smoke.

Photo by Flickr user Dominic Milton Trott

Ironically, Dutch cannabis venues are called “coffeeshops” simply because it was easy to get a license to sell coffee. But most people don’t understand the historical importance of “coffee houses” as social, political, and business venues. (Lloyds of London began in a coffeehouse.)

Like coffee houses, cannabis social and political venues will evolve among free people everywhere, but may not always be popular with the government. As Wikipedia reports, “Charles II later tried to suppress the London coffeehouses as ‘places where the disaffected met, and spread scandalous reports concerning the conduct of His Majesty and his Ministers’, the public flocked to them.”

SEE: Why Conservatives Should Support Marijuana Legalization

Whatever they are called, we certainly need places where “the disaffected” can meet and enjoy cannabis and the rights of a free people.  And no one will really be free, until everyone is free. 

Richard Cowan is a former NORML National Director and author of  CBD Help You To Quit Smoking?

Marijuana Can Be Addictive ⁠— Here’s How To Spot The Signs Of Cannabis Use Disorder

Maria Loreto

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May 10, 2021

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Marijuana Can Be Addictive ⁠— Here’s How To Spot The Signs Of Cannabis Use Disorder

Spotting the symptoms of marijuana addiction isn’t all that simple. Here’s what you should know.

Years of research has proved that the marijuana plant provides far more benefits than side effects. The majority of people can use cannabis without developing an addiction to it. Still, it is possible to develop a marijuana addiction, one that can be limiting and harmful to people’s lives.

Cannabis use disorder (CUD) affects about 30% of marijuana users, impairing their lives to a degree that affects their relationships and overall health.

is cannabis addiction real — Photo by Sharon McCutcheon via Unsplash

According to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), the manual used by mental health practitioners to diagnose mental health conditions and disorders, a person must meet two out of 11 requirements to be diagnosed with CUD. These are extensive and include marijuana cravings, the development of interpersonal problems due to cannabis use, or using the plant when in a dangerous situation.

Among marijuana users, the ones more likely to develop an addiction are adolescents. Studies show how important it is to understand cannabis use in adolescents. Since their brains are still developing, copious marijuana use could impact their future and their brain’s make up.

youths smoke less weed adults smoke more following marijuana legalization — Photo by Jamie Grill/Getty Images

Other factors that increase the odds of developing a reliance on marijuana include people coping with mental health conditions like depression and anxiety and the influence of genetics.

It’s difficult to spot symptoms of marijuana withdrawal. They include irritability, nervousness, aggression, sleep disturbances, headaches and more. People who are addicted to cannabis have similar experiences to those who are addicted to cigarettes, finding themselves fidgeting or needing to increase their dose over time in order to have the same experience they used to. Like all addictions, if someone finds themselves having arguments with their family or putting themselves in dangerous situations because of marijuana, it’s very possible they have a problem.

In order to manage this condition, it’s important to stop your usage for a period of time and to monitor your body’s response to it. If you’re unable to get through a period of a week or two without using marijuana, you might need to get professional help from a psychologist or psychiatrist. Common treatments include the use of Cognitive Behavioral Therapy (CBT), which is the first resource used for treating different kinds of addictions.

Marijuana Is Bipartisan, But That Doesn’t Mean Federal Legalization Is A Sure Thing

Mike Adams

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May 9, 2021

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Marijuana Is Bipartisan, But That Doesn’t Mean Federal Legalization Is A Sure Thing

It seems more crucial for the cannabis movement to keep pushing forward on a state-by-state basis.

There was once a time when the only lawmakers supporting the concept of legal marijuana were those long-haired candidates running as independents that didn’t have a chance at winning anyway. But times have changed. Now Democrats and Republicans alike support the legalization of marijuana and continue to fight for it on Capitol Hill.

There’s a great deal of support for cannabis reform in the House of Representatives — the chamber just passed a cannabis banking bill known as the SAFE Banking Act — and there is a great deal of backing coming from the Democratic-controlled Senate. Even President Biden is said to support these ideas to some degree.

So why isn’t weed legal nationwide?

The Role Marijuana Legalization Can Play In Fighting Racial Injustice — Photo by dvulikaia/Getty Images

For starters, while cannabis might be a bipartisan issue at this juncture, there is still not enough collective support to get it done. Furthermore, everyone still seems to have different ideas about what legal weed should look like. Senate Democrats want to end federal marijuana prohibition, yet they want to do it in a way that hinders Big Alcohol and Big Tobacco from exercising their capitalistic rights.

Joe Biden is only interested in legalizing medicinal use and eliminating criminal penalties, but he’s none too keen on the idea of taxing and regulating the herb. Other lawmakers would be content if they could pass the measly SAFE Banking Act or renew temporary riders in a budget bill that hold very little legal weight in the grand scheme of things.

Meanwhile, plenty of naysayers do not want marijuana legalization, no matter how it is designed. As we mentioned earlier this week, that includes opposition from the Democratic Party itself. Senator Jeanne Shaheen of New Hampshire says, “I do not support marijuana legalization.” Meanwhile, Senator Jon Tester of Montana claims legal weed would “cause more problems than it solves.” Ohio Senator Sherrod Brown says the Senate isn’t going to consider the SAFE Banking Act. Rest assured, there is more Democratic opposition hiding in the shadows.

Marijuana might be a bipartisan issue, but it is far from unanimous.

Although lawmakers still aren’t entirely sure which side to stand on concerning weed, marijuana legalization continues to do well at the polls. It’s the reason so many states have legalized for medical and recreational use — not because of the lawmakers, but because of the people. Right now, 69% of the population thinks marijuana prohibition should be brought to an end.

States Most Likely To Legalize Cannabis In 2021 — Photo by Darren415/Getty Images

Thirteen of the 18 states where marijuana is now legal for adults 21 and over happened only because there was a ballot initiative for the voters to voice their opinions. Not every state has the freedom to legalize in this manner, so lawmakers in places like Indiana, Kentucky, Ohio, and Texas must start to fall in line on this issue for it to go further. But there’s no chance of that happening this year.

Some of the latest national polls find that around 72% of Democrats support the legalization of marijuana, while so do 47% of Republicans. The numbers are encouraging, but again nowhere near enough to make cannabis a sure thing in the halls of Congress. Still, that’s not stopping Senate Majority Leader Chuck Schumer from trying everything he can to get a “comprehensive” cannabis reform bill passed this year. He knows that he’ll have to contend with the filibuster if they try to pass it the old-fashioned way, which means he might attempt to get it approved for budget reconciliation. If he does, it would only take a simple majority to get it passed.

But Schumer is likely counting votes before submitting his proposal, and they’re just not there. He needs 60 votes to beat the filibuster — that means he needs every Democrat and some Republicans. So, we hate to be the bearer of bad news, but it seems unlikely that nationwide marijuana legalization will happen this year. It’s a shame since 2021 provided the best chance the U.S. has ever had to make it happen with Democrats finally having the majority.

There are just too many roadblocks, and all of the bipartisan support is from the usual suspects. Marijuana needs some new blood on the Hill. It seems more crucial for the cannabis movement to keep pushing forward on a state-by-state basis. That’s the only way to send a more direct message to Congress that Americans are ready for weed to be legal, just like alcohol and tobacco.

Why Investors Are Taking A Closer Look At Cannabis Real Estate Nationwide

Cannabusiness

Andrew DeWeese

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May 9, 2021

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Why Investors Are Taking A Closer Look At Cannabis Real Estate Nationwide

Since the election of President Biden and the Democratic wins in Georgia, investors are getting more and more interested in cannabis-related real estate.

Cannabis properties can often command premium rental rates, but the first questions real estate investors always have are: 1) Is my money safe in a cannabis property, and if so, 2) are the premium rents sustainable long term?

The main worry for the potential cannabis real estate investor is the danger of civil forfeiture. In other words, because marijuana is illegal at the federal level, investors worry that if federal law enforcement targets their marijuana business tenant, the investor’s property will be at risk of forfeiture because it was used for federally illegal activities.

Emerald Triangle: Does The Best Weed In The World Really Grow There? — Photo by Olena Ruban/Getty Images

THE INNOCENT OWNER DEFENSE

The primary defense to a civil forfeiture action the landlord of a marijuana business would usually like to make is the “innocent owner” defense. This is when the landlord argues that they were unaware of the illegal activity underlying the civil forfeiture and thus innocent of any wrongdoing, so their property should not be subject to forfeiture. If a landlord knowingly rents to a marijuana business, it may be difficult for them to establish an “innocent owner” defense if they are functionally indifferent to whether the business is complying with state law.

Thus, landlords need to be proactive to make sure their cannabis tenant is complying with state regulations – meaning what the license allows and doesn’t allow, and how different businesses operate under the numerous rules and regulations to which they are subject – and the lease should require compliance and give the landlord additional inspection rights to verify that compliance.

Related: Andrew DeWeese was quoted in May 04, 2021 article in The New York Times, “‘A Land Grab’ for a Piece of New York’s Marijuana Business,” for which much of this piece was used by the reporter as background research.

Investors should be aware that marijuana businesses (and to a lesser extent, marijuana-adjacent businesses such as cannabis landlords and cannabis-focused service providers) still have financial and banking challenges. Access to banking is extremely limited and lots of business is still conducted with cash. Some credit unions offer checking accounts for cannabis businesses, but there is typically a waitlist to get one, and they are not available everywhere.

Similarly, most title companies will not hold money in escrow, close transactions, or issue title insurance on properties which have a cannabis business operating on them. This can be a significant challenge for buyers and sellers of real estate with cannabis business tenants.

LICENSING COMPLICATIONS

Cannabis landlords need to be aware of the dynamics of how changes of ownership of licensed businesses work under state law. Doing real estate transactions without being aware of regulatory dynamics can be a big problem. For example, in Oregon only people with an approved financial interest in a licensed business can operate the business. If an agreement is made to sell the business, the buyer may be impatient to begin operating the business, or to begin changing things at the business, or even to begin putting money into the business.

However, both the seller and the buyer can get into trouble if the buyer begins to spend money on, or exert control over, the business before the regulatory agency has approved the ownership change. Similarly, closing dates for ownership changes and real estate purchases involving cannabis businesses should nearly always be flexible and based upon when the agency gives its approval for the change. Also, if a cannabis business has pending violations, which can take a long time to either settle out or have a hearing, or if it is under investigation, ownership and location changes will typically be held up until the issues are resolved.

Marijuana business licenses are generally tied to the specific piece of property for which the license is issued. In Oregon, local law governs where marijuana businesses may be located. Some local governments limit their marijuana-approved areas, so properties in those areas can be in high demand. At the same time, there is often a legally-mandated, minimum distance between retail stores, so if a retail store moves in close to your property, you may not have the option of opening a retail store at your property even if it is otherwise suitable. Local jurisdictions must sign off on the suitability of the property for use as a marijuana business, and sometimes bureaucratic processes can delay that approval.

Everything standing in the way of federal legalization in 2021 — Photo by Olena Ruban/Getty Images

On the flip side, all of these difficulties surrounding the locations of marijuana businesses mean that once a marijuana business establishes itself in a particular location, it is much less likely than a non-marijuana business to change locations, because of the accompanying regulatory difficulties. Additionally, marijuana processors and producers will often sink significant sums into building out their locations, improving the value of the underlying real estate.

BUT IS MY MONEY SAFE?

With this information in mind, we can take a shot at answering the first question I posed: is my money safe in a cannabis property? The reality is that thousands of landlords have been renting to thousands of licensed marijuana businesses for many years now. And, in states like Washington and Oregon, we haven’t seen much in the way of federal law enforcement targeting marijuana businesses who are operating in accordance with state law, and we wouldn’t expect this to change materially, at least under the current administration. As long as a landlord has mechanisms in place to hold its marijuana tenant accountable for state law compliance, the landlord should not be overly worried about civil forfeiture.

But what about the premium rents that some marijuana landlords are charging? Are they sustainable over the long term? Every state is going to be slightly different, but the general pattern with recreational marijuana licensing has looked like this:

Huge amount of interest and greatly inflated real estate prices as licensing is announced and begins.
Drastic drop-off as the market saturates.
The market recovers as the winnowing and consolidation occurs, and rent prices gradually reach equilibrium at a healthy but modest premium above market rate.

RETROSPECTIVE: OREGON’S EARLY REC MARKET DAYS

Real estate issues in the cannabis industry have changed a lot since I first started working with cannabis businesses back in 2014. In those days, Oregon had just passed HB 3460, which finally regulated medical dispensaries for the first time and contained the famous “1,000 Foot Rule,” which says a licensed dispensary cannot be located within 1,000 feet of another licensed dispensary or a school. Oregon first allowed people to apply for these licenses beginning on March 4, 2014, and so everyone and their mother tried to stake out whatever they could, some even using computer macros to fill in the application form faster so they could be at the head of the queue. Many of the dispensaries in Portland remain from those days or are new businesses in locations that have been dispensaries since those days.

After Measure 91 passed in late 2014 (which established recreational licensing beginning in 2016), there was another huge land grab – this time for farms and production spaces – as people started scrambling to try to stake out good, licensable properties to take advantage of the “Green Rush.”

Starting late 2016-2017, Oregon issued a ton of recreational marijuana licenses. After the 2017 harvest season, a huge glut of cannabis hit the market and prices went into the toilet. This is the era when you began seeing ounces of good flower in retail stores for $50 or less (those same ounces these days can fetch more than $200). For those who couldn’t turn a profit, many just gave up their licenses, and some ruined cannabis properties were sold for a song. This is when the survivors and the well-funded began to snap up licenses and the process of consolidation within the industry began. (Oregon doesn’t have any limits on how many licenses a person or business can have an interest in, and vertical integration is very attractive because of the tax effects of IRC 280E.)

When the 2018 Farm Bill passed, a lot of people who lost their money in cannabis shifted to hemp, so there was another land grab and tons of new businesses cultivating hemp in summer 2019. Too many lost their money in hemp as well, as huge supply of a quickly deteriorating product met a public that was not ready to start buying massive quantities of hemp and CBD. But at the same time, many of the marijuana businesses that had survived slowly started making money as the early froth burnt off and the public became more accustomed to consuming cannabis routinely. Coming into 2020, the industry was still struggling, but slowly getting better.

Then when the COVID-19 pandemic hit, we saw a massive boost in sales, and a lot of clients doing a lot better financially. Also, around last summer, the OLCC started speeding up pending license applications and ownership change applications, which made a huge difference to people and unlocked a lot of dormant assets – stores and operations that were ready to go but had been waiting, in some cases, more than a year to get their license. Also, once Biden was elected we saw a big jump in demand for licenses, I think because of speculation about federal legalization.

In Oregon, we are seeing retail stores generally sell for a small multiple (and sometimes a fraction) of last year’s revenue, depending on location, perceived potential, and what kind of other assets come with the store. Some small number of stores sell for more than $3MM, but that is relatively rare. Producer licenses have value, but that value is usually limited because a company will usually want to set up its own grow and often won’t be interested in existing grow infrastructure – many companies just buy the license only, and they are currently going for around $200,000, plus or minus. Processor licenses are rarer and more valuable, as are processing businesses, because they require more infrastructure. For example, an extraction lab using CO2 or butane will usually require a Fire Marshall inspection before the space is approved for use.

THE BOTTOM LINE

Going forward really depends on whether we get some form of federal legalization, and how the Oregon legislature addresses social consumption. Oregon is trying to set itself up as a producer and destination state, but New York has leapfrogged us, having passed laws allowing social consumption. The industry here is maturing, so I wouldn’t expect huge changes in the market from here on out.

Depending on how their regulatory agency handles licenses administration, states like New York and Florida may be in for a similar type of ride as Oregon, as speculative money pours in at the beginning, followed by thinning out and, then, consolidation begins.

Andrew founded the Oregon Cannabis Law Group in 2014 and merged with Green Light Law Group in 2019. He has long been on the forefront of the novel legal issues concerning the emerging cannabis industry. You can contact him at andrew@gl-lg.com or 503-488-5424.

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

CBD Capsules Dosage, How Much Should You Take

Green Market Report

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May 9, 2021

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CBD Capsules Dosage, How Much Should You Take

The most important part of taking CBD is to dose regularly. Taking CBD only once will not have much effect. A steady amount is the only way to experience the benefits.

CBD capsules are one of the most popular ways to take CBD. They are a clean, efficient, and familiar administration method. Unfortunately, there is a lack of understanding of how much each individual should be taking.

The confusion is due to two reasons. First, we do not have a sufficient amount of research regarding CBD. While we have seen a recent influx of human trials using CBD, we are far from the position we need to fully understand the amount of CBD required for a specific condition. Second, we each metabolize CBD differently. One amount may work for one person but not another.

Finding The Best CBD Capsules & Soft Gels For Your Needs — Photo by Elsa Olofsson via Unsplash

What are CBD Capsules?

A capsule is a gelatin container that keeps CBD escaping in a pill form. The CBD powder is inside the tablet that is easily swallowed and absorbed into the stomach.

CBD softgels are another popular form of CBD delivery. Instead of a capsule, the CBD oil is suspended in a clear gel, also designed to be swallowed and absorbed readily. CBD softgels 25mg are a common dose. Many people like the softgel over the capsule because they usually contain an oil rather than a powder.

CBD Oil or Capsules

Most people are more comfortable swallowing a pill than taking CBD sublingually. The taste of CBD oil also can be off-putting. Hemp has a strong earthy flavor that can take some getting used to. CBD oils capsules are swallowed, allowing the consumer to avoid any unpleasant taste, getting their daily dose.

CBD oil has higher bioavailability, meaning more CBD will be available for the body to utilize after ingesting. Bioavailability is essential, but it does not matter if you are not consistently dosing. If CBD oil turns you off and keeps you from getting your daily dose, the amount that is used by the body is irrelevant.

CBD Capsules Dosage

Most studies are observing people using CBD look at a dosage between 25-75mg. A typical dose given in retail products is also 25mg. This amount is a low threshold that most researchers and CBD companies choose to give their patients or customers.

While 25mg is a typical dose, many people taking CBD capsules for the first time may want to start smaller. The freedom to choose your amount is the most significant disadvantage to carrying CBD in capsule or softgel form. You are not able to lower the dose. If you aren’t comfortable taking a full dose just yet, find a company selling microdoses of 5-10mg before going up to an entire 25mg.

CBD is tolerated well by humans and does not have any adverse side effects. However, some people may still be intimidated by taking 25mg capsules. It may be more difficult to find, but there are options online for users wanting a smaller dose.

How Technology Is Reshaping The CBD Industry — Photo by Pexels

When to Take CBD?

The timing of CBD is also not entirely understood. Some studies suggest taking CBD at night if your goal is to overcome sleeping disorders and in the day if you are experiencing pain or a mental health condition. The most important part of taking CBD is to dose regularly. Taking CBD only once will not have much effect. A steady amount is the only way to experience the benefits.

Take CBD on a full stomach, especially if you are taking CBD capsules. The absorption rate will be much higher than if you were to take CBD without eating. If you are experiencing trouble sleeping and hope CBD can help, take 30-45 minutes before going to bed. We recommend taking your CBD capsules right after your first meal for those suffering from mental health conditions.

This article originally appeared on Green Market Report and has been reposted with permission.

Many People Have Abandoned This Daily Hygiene Routine During The Pandemic

Maria Loreto

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May 8, 2021

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Many People Have Abandoned This Daily Hygiene Routine During The Pandemic

The pandemic has reshuffled our priorities, including our daily hygiene routines.

The pandemic has reshuffled many of our priorities and prompted us ask ourselves a lot of personal questions: Do we really need to get dressed to work from home? Will we ever wear pants again? There are no wrong answers. This year has been one where daily life has been upended, and it’s okay. But one mainstay of our regular hygiene routines is being questioned.

A British poll shows that people have really dropped the ball with their grooming habits. Per YouGov: “Showering in general is down, with one in six people (17%) doing so less often, however one in ten (10%) say they actually shower more frequently. Younger people aged 18 to 24 are the most prone to skip showers at 27%.”

While we were raised in a culture of showering every day, when people are spending the majority of their time shifting between sitting in their home office and sitting on the couch, there’s not a lot of activity to contend with. It’s common for us to find ourselves disoriented, not knowing if we brushed our teeth or showered since the patterns of our daily lives — commute and work — have been taken out of the equation.

As a reader of The Guardian candidly put it: “I started to brush my teeth once a day most days, instead of two. I definitely use less deodorant. I bathe less than three times a week. I do pay attention to my hand hygiene as well as my genital hygiene, but the rest I kind of gave up.”

This problem isn’t limited to Britain alone; The New York Times reports that in America, people are following this trend as well. “Don’t get me wrong — I like showers,” said Robin Harper, an administrative assistant at a preschool. “But it’s one thing off my plate. I’m a mom, I work full-time, and it’s one less thing I have to do.”

While showers are nice and prevent us from being smelly — an important priority — there are worse things going on in the world than skipping a daily shower. As long as you stay healthy and are a welcome presence for your family or roommates, go ahead and skip it. Who’s keeping track?

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