Federal Lawyers Told to Avoid Drug Possession Prosecutions In Canada

Federal lawyers in Canada are being directed to avoid prosecuting simple drug possession cases unless there is a major public safety risk, the CBC reports. Under the policy of Director of Public Prosecutions Kathleen Roussel, federal prosecutors would only pursue criminal charges in “the most serious cases.” Instead, attorneys would seek alternative measures, such as restorative justice, and Indigenous approaches to deter simple possession cases away from the criminal justice system.

Public Prosecution Service of Canada Spokesperson Nathalie Houle told the CBC that when deciding to “initiate and conduct any prosecution” attorneys “must consider not only whether there is a reasonable prospect of conviction based on the evidence available but also whether a prosecution serves the public interest.”

“For example, where the possession relates to a substance use disorder, prosecution should generally be avoided where the offender is enrolled in a drug treatment court program or a course of treatment provided under the supervision of a health professional.” – Houle via the CBC

The reforms come as legislative leaders reconsider national drug decriminalization. Last month the Canadian Association of Chiefs of Police called on federal lawmakers to decriminalize low-level possession of all drugs for personal use. CACP President Chief Constable Adam Palmer said that current drug possession laws have “proven to be ineffective” and do “not save lives.”

“Being addicted to a controlled substance is not a crime and should not be treated as such,” he said in an interview last month with the CBC. “We recommend that Canada’s enforcement-based approach for possession be replaced with a health-care approach that diverts people from the criminal justice system.”

In a letter to federal lawmakers last month, British Columbia Premier John Horgan said implementing the reforms would “reduce the systemic stigma associated with illicit drug use and support people to access the services that they need.”

Liberal MP Nathaniel Erskine-Smith, who has supported broad decriminalization, said he was “more hopeful” than he has previously been about the reforms being enacted.

In 2018, Canada legalized cannabis for adult-use, becoming just the second nation to federally allow taxed and regulated cannabis sales.

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CannaCon South Cannabis Expo Coming Back to Oklahoma in September

Oklahoma City, Oklahoma, August 19, 2020 – The seminal cannabis convention is coming back to Oklahoma from Monday, September 28 to Tuesday, September 29 at the Cox Convention Center. This CannaCon South will feature special safety precautions to ensure that those enjoying speakers and networking opportunities are doing so in a clean, safe environment.

CannaCon is dedicated to supporting emerging markets, and Oklahoma is home to a quickly growing medical cannabis industry. Each time the event series has come to the state, those interested in Oklahoma cannabis business impart keen insights into the prosperous industry. Chet Tucker from Arcadia Brands will be featured in this year’s series with wisdom on marketing and the benefits of corporate branding. Tracy Szerszen from Perry Johnson Laboratory Accreditation, Inc. will also give a seminar overviewing the ISO 17025 Requirement for Testing Laboratories providing an all-encompassing look at Oklahoma cannabis.

Organizers have taken multiple precautions including increased aisle size, hand sanitizing stations throughout the hall, and 8’ sidewalls separating the inline booths to accommodate patrons amid the COVID-19 pandemic. On top of these precautions, guests’ temperatures will be checked upon arrival so that no symptomatic attendees can enter. There will also be signage around the convention center that reminds people to keep 6 feet apart when possible. And lastly, to meet Oklahoma City and Cox Convention Center mandate it will be required that everyone in attendance wear a mask to protect each other.

“We are thrilled to be bringing CannaCon back to Oklahoma,” said Angela Grelle, CannaCon’s Director of Marketing. “With the unprecedented growth of the medical cannabis market in the state, Oklahoma has proven to be a powerhouse in the cannabis industry. The CannaCon team has loved being a part of the growing community.”

About CannaCon
CannaCon is dedicated to creating and strengthening lifelong partnerships within the emerging cannabis industry. It is our mission to provide a global B2B venue for cannabis businesses, marijuana entrepreneurs, investors and community partners to showcase industry products, people, innovations and technology. We are committed to cultivating business values within the cannabis industry through education and responsible community involvement.

Angela Grelle
Director of Marketing
(425) 791-4467 ext. 102
angela@cannacon.org

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AAA Donates $100,000 to Fight Cannabis-Impaired Driving

The motorist club AAA is providing more than $100,000 in grants to Illinois public safety, health, and law enforcement agencies and organizations to stem cannabis-impaired driving, WAND17 reports. The grant funding comes three weeks after the AAA Foundation for Traffic Safety released a report suggesting that more Washington state drivers involved in fatal crashes are testing positive for THC.

According to the study, between 2008 and 2012 – prior to broad legalization in the state – an estimated 8.8 percent of drivers involved in fatal auto accidents in the state. The AAA study found that rate rose to an estimated 18 percent post-legalization, from 2013-2017. The study also suggests that the average number of THC-positive drivers in fatal crashes increased from an average of 56 in the five years before legalization, to 130 in the five years post-legalization.

“AAA opposes the legalization of marijuana for recreational use because of its inherent traffic safety risks and because of the difficulties in writing legislation that protects the public and treats drivers fairly.” – AAA in a press release

The grant money will be used for Advanced Roadside Impaired Driving Enforcement, a program which teaches law enforcement officers how to identify and articulate the signs of impairment related to drugs and alcohol; for purchasing the ToxOptix X3, a pen containing a UV lamp, medical penlight, and a timing system for standardized sobriety testing; and Fatal Vision Marijuana Goggles.

Among the grant recipients are 24 police and law enforcement organizations throughout Illinois, three hospitals, public safety advocacy organization Alliance Against Intoxicated Motorists Organization, and two public health organizations.

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Appeal Moves Forward in ‘Woodstock’ Cannabis Trademark Dispute

The battle over the use of the “Woodstock” name for cannabis products is continuing in the U.S. Second Circuit Court of Appeals which heard that the U.S. District Court judge in the July 2019 ruling had erred in his decision granting the festival owner use of the moniker, Law360 reports.

Woodstock Roots LLC., and its affiliate Woodstock Products, argue that they secured trademark registrations to use “Woodstock” to sell non-cannabis smokers’ products – such as lighters and rolling papers – in 2013. They say the trademark filings predate the trademark attempt for cannabis products by Woodstock Ventures LC, the company that owns the rights to the 1969 festival.

In the 2019 ruling, U.S. District Judge Paul G. Gardephe said that while Woodstock Roots had obtained their trademark before Woodstock Ventures, the former company did not intend to use its trademark in the cannabis space. Woodstock Ventures has maintained that Woodstock Roots is violating its trademark by using the “Woodstock” name for branding. Woodstock Ventures’ co-founder Michael Lang plans to use the name for “Woodstock Weed,” which would use strains inspired by those available in the 1960s, like Panama Red and Acapulco Gold.

Woodstock Roots argues that Woodstock Ventures only “intermittingly” used the mark and presented “unreliable evidence” that it had previously used the mark for smokers’ products. Woodstock Roots also claims that Gardephe erred in his ruling that there would be no consumer confusion over the products – one for tobacco and one for cannabis – and, moreover, that cannabis products are federally outlawed and, therefore, cannot be trademarked.

Woodstock Ventures has applied to cancel Woodstock Products’ trademark registration for smokers’ articles, but the application has not been enforced pending the legal battle, which began in 2018.

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Hempcrete: How Sustainable Construction Could Change the World

European building projects have relied on hempcrete to construct insulating, non-weight bearing infill walls since the 1990s. In fact, the popularity of building with hempcrete grows year over year in France but, in the United States, a builder must acquire a special permit to work with the materials.

In Bellingham, Washington, one homeowner took on a project using hemp-lime and weighed in on the pros and cons of building a house with hempcrete. Pamela Bosch is in the process of renovating her 1960’s home using hemp-lime and has named the project the Highland Hemp House. She credits an intrigued Planning and Permit department worker and a town interested in sustainability for the ease of getting the proper permits for building. In fact, because the Highland Hemp House design was energy-efficient, Bosch’s permits were fast-tracked.

However, the process still wasn’t simple. Finding lawyers, builders, and other necessary ancillary contractors to work on a hempcrete project led to unexpected costs, much of which was due to a lack of understanding. Builders don’t know how to work with it, insurers don’t know how to quantify it, lenders can’t estimate it — the list goes on and on. Ignorance and unfamiliarity with hempcrete have led to disinterest from American building projects. It has also made things more difficult for private citizens who are interested in using the material in their own renovations or projects.

What is Hempcrete?

Hempcrete is a biocomposite building material made by mixing the woody inner lining of the hemp stalk (hemp hurds) with either lime, sand, or pozzolans. It can be found marketed under names like hemp-lime, canobiote, canosmose, and isochanvre. Many builders find hempcrete easier to work with than other lime mixes as it is not as brittle as concrete, and that is the first of many differences between the two building materials. Hempcrete also has just 5% of the compressive strength of residential concrete and 15% of the density of traditional concrete. Because of this, hempcrete walls must be supported by a frame made using a different material. This grants the benefits of hempcrete while still supporting a vertical load.

What Are the Advantages of Hempcrete?

There are many advantages to building a structure out of hempcrete. The composite building material acts as an insulator while also regulating moisture and humidity. The porous structure of the materials and the alkaline property of the lime contribute to this effect. It can also absorb excess moisture from the air when humid to cut back on the risk of mold spore formations.

Some reports also suggest that hempcrete could be fire-resistant, and it is a certified fire-proof building material in France and the UK. However, metrics system-based tests and data have been widely ignored in the States. Many building inspectors hesitate to grant permits to build the lime composite material. Sources also state that hempcrete is pest resistant, though the source data for these claims haven’t been located.

One very attractive advantage of building with hempcrete is how sustainable the material is — it is carbon-negative. In fact, during the growth of the plant, hemp will absorb so much carbon that more CO2 is absorbed in a hempcrete wall than is used in the entire process to build it. It can also work well combined with original materials when fortifying historic buildings. And as it ages it will turn to petrified rock, so in the best case, the structure could last hundreds of years.

Thermal insulating hemp fiber panels, another highly sustainable hemp-based construction option.

What Are the Disadvantages?

There are some real challenges to working with hempcrete. It has about 1/20 the strength of concrete and, because of this, a structure built with hempcrete requires a timber frame made of steel or concrete to support the load of the house. This is one place where Pamela Bosch and her Highland Hemp House hit trouble. Her town of Bellingham is in a challenging seismic zone for building, and hempcrete is not yet ICC (International Code Council) ASTM (the American Society for Testing and Materials) certified. To compensate, Bosch had a stand-alone internal framework engineered, an expensive setback.

The hemp advocate also had to finance the project herself and take on all liability with the city, and high startup costs are very common when building a hemp house. Without any prior experience with hemp structures, banks and insurance companies would not support the Bellingham building. Complications due to inexperience are also common in the engineering and building process. Some hemp projects have hit major complications when builders treated the material like traditional concrete. With how rarely hempcrete has been used in construction projects, there really isn’t much experience to pull from.

Where do you get the hemp?

Hemp production has picked up in the United States, but many of the plants are grown to be manufactured into CBD oil. These plants are generally more knobby and less ruddy, which isn’t ideal for making hemp hurds. Even if farmers got on board growing different varieties of hemp, there isn’t any infrastructure in place to process the materials. For the Highland Hemp House, Bosch shipped a 40’ container of hemp hurd in from the Netherlands, which doubled the cost of the materials.

She explained that despite the doubled cost, it was a small fraction of the building process.

“Of more consequence was the time, effort, and expense of breaking with the status quo,” Bosch said. “Contractors, engineers, plumbers, electricians, city attorneys, insurance companies, (and the DEA), generally had to be persuaded that it would not be too painful to try something new. The braver and more philosophically inspired were among those I was able to contract, but the novelty also generally accrued a fee.”

Some will look at the positives and negatives of building with hempcrete and agree that the building material is worth exploring, but what will it take for the United States to accept hempcrete? More research. Bosch’s project makes it clear that bias is one of the biggest hurdles in projects like the Highland Hemp House, and supportive research is the best way to sway bias. American architects and engineers are currently only taught how to work with wood, concrete, and steel. Research-supported data could shake up the curriculum and drive more brilliant minds to better figure out hempcrete construction projects.

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This County Will Let Cannabis Arrestees Get a Medical Card to Avoid Jail

New rules by Maricopa County, Arizona Attorney Allister Adel will allow anyone who gets arrested for simple cannabis possession to apply to the medical cannabis program and get a card to avoid prosecution, the Phoenix New Times reports. Under state law, any cannabis offense is a felony.

“In cases where the defendant was not in compliance with the AMMA [Arizona Medical Marijuana Act] at the time of the crime solely because the person did not have a valid medical marijuana card, [Maricopa County Attorney’s Office] will dismiss a charge involving any crime covered by the AMMA if the defendant obtains a medical marijuana card and provides proof by the [initial pretrial conference hearing].” – MCAO Prosecutions Policies and Procedures

Pretrial conference hearings can be scheduled up to 45 days after an arrest, which leaves the accused some time to get a medical cannabis card – which cost between $250 and $300. That state’s medical cannabis law allows patients to possess up to 2.5 ounces of cannabis, along with any paraphernalia they required to store or ingest it. People who live 25 miles or more from an operating dispensary are allowed to grow up to 12 plants in their home.

An American Civil Liberties Union report published last month found that Hispanic people in Maricopa County charged with simple possession are sentenced to significantly longer jail and prison terms than their white and Black counterparts, and that Black people convicted of personal possession of drug paraphernalia receive longer sentences than whites and Hispanics.

Maricopa County garnered national headlines for institutional racism under the direction of former Sheriff Joe Arpaio. The former sheriff was convicted of criminal contempt of court after refusing to stop racially profiling people when detaining “individuals suspected of being in the U.S. illegally.” Arpaio was pardoned of that crime by President Donald Trump in 2017.

In November, Arizona voters will decide whether to legalize cannabis for adult use. Voters rejected the reforms 52-48 percent in 2016. A June 1 poll of 400 likely Arizona voters conducted by HighGround Public Affairs Consultants found 65 percent supported the reforms (47 percent “definitely yes,” 18.5 percent “probably yes”) compared to 22 percent who said “probably” or “definitely” no.

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New York Won’t Submit Hemp Plan Until USDA Loosens Rules

In a letter to industrial hemp growers last week, New York Agriculture and Markets Commissioner Richard Ball said officials do not plan to submit a state plan for the 2021 growing season unless the U.S. Department of Agriculture changes certain program requirements.

If New York does not submit a hemp plan to federal regulators, hemp growers in the state would need to apply to the USDA’s Agricultural Marketing Service for a producer license. In 2019, more than 500 producers and over 20,000 acres were authorized to cultivate hemp in the state.

In the letter, Ball described federal hemp testing and plant disposal regulations as “unrealistic” and said they, “impose unreasonable burdens on growers and any state interested in administering a compliant program.”

“Please understand that the State will continue to advocate for reasonable requirements related to the oversight of industrial hemp. In this regard, the Department has asked the USDA to extend the 2014 Farm Bill until 2021 and to otherwise provide a more flexible regulatory structure. We have made clear that if the federal requirements are modified to remove the challenges communicated to the USDA, the Department will reconsider submitting a state plan to assume responsibility for the program.” – Ball in the Aug. 14 letter

Prior to the passage of the 2018 Farm Bill, which legalized hemp federally, individual states operated their own hemp cultivation programs free from federal interference under a 2014-approved plan.

According to a USDA comparison of those two programs, the 2018-approved rules require “a representative sample” of the crop is tested by a Drug Enforcement Administration-registered lab “within 15 days prior to the anticipated harvest.” Under the previous rules, testing requirements were set by the states and didn’t require labs to be DEA-registered. The rules also require non-compliant plants – meaning they are over the 0.3 percent THC threshold – to be destroyed “using DEA and [Controlled Substances Act] procedures.” Previously, those rules were set by the state.

The old rules also didn’t require sharing of information with law enforcement and allowed states to set the rules for which products could come to market.

Under current rules, federal hemp licenses may be issued to cultivators and processors in states that do not regulate hemp but do not specifically outlaw it. Native American tribes living on sovereign lands in states with hemp bans may also apply to the federal government to grow and process hemp. Producers in states without legal hemp are not eligible for USDA licenses.

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ParagonCoin Couple Can’t Be Located by Courts as Legal Woes Mount

The couple behind ParagonCoin, promoted as the cryptocurrency for the cannabis space launched in 2017, have failed to appear in court and cannot be located by the courts, according to a Coin Desk report. Jessica VerSteeg, a former Miss Iowa, and her husband, Russian entrepreneur Egor Lavrov, are being sued over the token sale with plaintiffs asserting that it was an illegal securities offering and that buyers are intitled to refunds or compensatory damages.

In 2018 – about a year after the coin’s launch – the company was fined $250,000 by the Securities and Exchange Commission and ordered to repay the investors of the initial $12 million coin offering. Following the fine, the company put a building up for sale it had planned to use as a co-working space paid for with the token. It’s unclear whether the company paid the SEC fine in full; a 2019 Wall Street Journal report suggests the company missed payment deadlines.

The couple has so far failed to appear at any of the legal proceedings in the Northern District of California. Attorney Donald Enright, who represents the plaintiffs, told Coin Desk that the couple’s attorneys “have withdrawn as counsel.” Plaintiffs are seeking to have the case turned into a class action.

The defendants’ former counsel, attorney Howard Schiffman, said that he hasn’t seen the couple in “years.”

In addition to the VerSteeg and Lavrov, the lawsuit names The Game – the rapper whose real name is Jayceon Terrell Taylor – due to his role promoting the initial coin offering on social media. Technologists Eugene Bogorad, Alex Emelichev, Gareth Rhodes, and Vadym Kurylovich are also named as defendants.

Bogorad told Coin Desk that most of the people named as defendants don’t consider themselves company founders and they only worked on the project in 2017, while VerSteeg promoted the coin throughout 2018.

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Biotech Firm: Fermentation-Based Cannabinoid Production Ready for Industrial Scale

Lygos, Inc. — a full-stack provider of sustainable specialty ingredients meant for cannabinoid-based consumer, nutraceutical, and pharmaceutical products —announced in a press release this week it had finalized a novel process of creating cannabinoids with proprietary fermentation and processing technology.

The process will enable the industrial-scale production of “any cannabinoid and cannabinoid-based product of interest” in a safe, sustainable, and cost-effective manner, the company stated.

The development resulted from Lygos’ February acquisition of Librede, Inc, a synthetic biology company specializing in cannabinoid products.

“We couldn’t be more pleased at the speed with which the Librede and Lygos teams integrated efforts and technologies despite the global pandemic and shutdowns,” said Eric Steen, CEO of Lygos.

“These rapid advances have accelerated our timetable for forming partnerships and delivering new cannabinoid-enabled products into the market. By delivering high quality, pure and sustainable cannabinoids at commercial volumes and competitive prices, we are poised to rapidly enter high-growth consumer market segments with Lygos branded or co-branded products by capitalizing on the expertise and reach of our strategic partners.”  — Eric Steen, PhD, CEO of Lygos

In 2019, synthetic biologists at the University of California, Berkeley successfully extracted cannabinoids from brewers yeast. Those cannabinoid extractions included THC, CBD, and others not found naturally in the cannabis plant.

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Portland, Oregon Seeing Spike In Dispensary Break-Ins

Portland, Oregon cannabis dispensaries have been the target of at least 47 break-ins since late May, according to a Willamette Week report. At that rate, dispensaries in the city are targeted by break-ins on every other night.

Three of the store owners told WW that they were victims of armed robberies, including one in which the employees were held at gunpoint and were bound with zip ties.

The Oregon Liquor Control Commission says that over the last three months, 60 dispensaries have reported lost product, totaling $135,000 in June alone. Portland Extracts owner Jordan Jacobsen told WW that his shop was hit in August and the robbers stole $200,000 worth of product.

Amberlight Cannabis House manager Camille Farrell said that $16,000 worth of product was stolen from her shop last month – and they attempted to rob the place again just two weeks later. She said the group seems “aware that police don’t have quick response times” and were in the shop for at least 25 minutes while the alarm “was going off the entire time.”

Dispensary owners told WW that they believe the robbers map out their routes since multiple shops in the same parts of town – often on the same street – are being targeted on the same night.

Earlier this year, police in Portland and Salem said they were investigating a burglary ring and had made one arrest which led to $33,000 in cash, 30 pounds of cannabis, six pounds of hash oil, 16 firearms, and burglary tools, along with clothing and other evidence from the victimized businesses.

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Study: Patients Don’t Consider Doctors Good Source of Medical Cannabis Info

According to researchers at the University of Vermont, the majority of medical cannabis patients in the state do not believe their primary care doctor is a “good source of information regarding cannabis.”

In a study published in the Journal of Primary Care & Community Health surveying 1,009 Vermont primary care patients, the researchers found 45 percent of respondents used cannabinoids over the past year but just 18 percent of those patients said their primary care physician was a good resource for information on cannabis.

The median age of the respondents was 51-years-old.

The majority of patients surveyed who used cannabis said it was helpful for conditions such as anxiety, depression, arthritis, pain, sleep, and nausea. Medical cannabis has been legal in Vermont since 2004.

“Primary care providers need to be knowledgeable about cannabinoids to best support patient care. In addition, with a significant number of patients reporting cannabinoids helpful for medical conditions common in primary care, it is important that research continue to identify the potential benefits and harms of cannabis.” – “Use and Reported Helpfulness of Cannabinoids Among Primary Care Patients in Vermont,” Jan-Dec 2020, Journal of Primary Care & Community Health

The researchers said the knowledge gap among primary care physicians results in “providers having difficulty navigating conversations surrounding cannabinoid use.”

A 2017 survey of medical school curriculum deans conducted by researchers at the Washington University School of Medicine in St. Louis, Missouri found that 66.7 percent of respondents indicated their graduates were not prepared to recommend medical cannabis and another 25 percent said their graduates were not even prepared to answer medical cannabis questions.

Other surveys have consistently purported that medical professionals do not believe they know enough about the health and safety effects of cannabis.

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Massachusetts Division of Alcoholism Administration Funded By Cannabis Taxes

The majority of cannabis-derived state excise taxes in Massachusetts – $53.8 million of the $78.8 million spent through July – has been allocated to the state Division of Alcoholism Administration, while another $20.7 million was used to pay for the Cannabis Control Commission, according to state figures outlined by the Boston Business Journal.

Under the state’s recreational cannabis law, the Legislature can allocate cannabis excise taxes to public and behavioral health – part of the duties performed by the Alcoholism Administration – public safety, and municipal police training. In all, the state has taken in $65.63 million in excise taxes since fiscal year 2019.

The $38.16 million in cannabis-derived sales taxes is earmarked for the state’s General, Massachusetts Bay Transit Authority, and School Building Authority funds. In 2019, the state saw $8.11 million in cannabis sales taxes and $30.05 million in fiscal year 2020, which ended last month.

The local option tax – imposed by municipalities up to 3 percent – has totaled $18.28 million since 2019 but there is no state tracking of these funds; however, a review by the journal suggests the cities and towns are sent to their General Funds. The controversial “community impact fee” – which can be as much as 3 percent and is collected from operators – is not included in sales tax revenues.

Northampton – one of the first towns to allow recreational sales in the state – reported $2.6 million in community impact fees which was used for infrastructure upgrades, including roads, sidewalks, parking, and crosswalks.

Since the market’s launch, Massachusetts has collected $122 million in tax revenues from legal cannabis sales.

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Supreme Court Urged to Hear Argument Against Cannabis Prohibition

Attorneys Michael Hiller and Joseph Bondy are asking the U.S. Supreme Court to hear their case challenging the constitutionality of cannabis prohibition. The plaintiffs in the case include 14-year-old legalization activist Alexis Bortell, Iraq War veteran Jose Belen, and 9-year-old Jagger Cotte, who say cannabis treatment keeps them alive.

The lawsuit argues that cannabis’s Schedule I status under the Controlled Substances Act is “unconstitutionally irrational” and violates the patients’ “fundamental rights to equal protection under the law, substantive due process, and to preserve their health and lives” using cannabis as a medicine.

The lawsuit was originally filed in the Southern District of New York and was dismissed in 2018 by Judge Alvin Hellerstein, who ruled that the plaintiffs had not exhausted the administrative remedies – a petition process through the Drug Enforcement Agency – before filing their suit. A Second Circuit Court of Appeals reinstated the complaint but ultimately ruled with the District Court but held the petition in abeyance pending the plaintiffs scheduling of the petition with the DEA; while the DEA was directed to respond to an administrative petition.

“Notwithstanding the Second Circuit’s ruling, the DEA and D.C. Circuit Court have consistently ruled since 1977 that filing a de-scheduling petition of the sort directed by the Second Circuit and the District Court would be futile, since cannabis cannot be de-scheduled administratively or even be reclassified lower any than Schedule II under the CSA. In other words, the plaintiffs were directed to proceed with an administrative review process doomed to failure. Accordingly, they filed their petition with SCOTUS.” – Hiller and Bondy in a press release

Bondy, who is serving as pro-bono co-counsel on the case, said he expects organizations, activists, and members of Congress to file “friend of the court” amicus briefs in support of the petition.

Hiller, whose law firm Hiller PC is handling the case pro bono, said that while the nation’s highest court grants few such petitions, he is hopeful it will accept the jurisdiction of the appeal due to the “mass uncertainty” in cannabis laws, “conflicting decisions among the courts,” the “millions of Americans” who rely on medicinal cannabis, and “tens of billions in capital invested by businesses throughout the country to mass-produce a product, the legality of which is completely unclear.”

A decision on the petition is not expected until next year.

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CBD Oil: A How-To Guide for At-Home Extractions

British pharmaceutical company GW Pharmaceuticals recently received FDA approval of their oral solution Epidolex for treating seizures associated with Tuberous Sclerosis, adding another condition to the list of health issues that their CBD oil solution can successfully and safely treat. Individual users, however, claim that cannabis oil helps reduce pain and anxiety, as well as other issues that still await clinical confirmation.

Apart from its medicinal use, CBD oil can also be used to cook various dishes, sauces, dressings, and gummies. The wave of legalization that has swept North America recently also allowed entrepreneurs to start-up businesses and sell oil and other products made via CBD extraction to a wide array of consumers, not only those with medicinal needs.

If you’re looking for a way to make your own oil, however, this article is here to show you how to extract CBD from a cannabis plant at home.

Distinct types of CBD oil

Depending on the strain you use and the preparation method, there are three different types of CBD oil:

  • Full Spectrum
  • Broad Spectrum
  • CBD Isolate

Each of these three types of products provides a separate set of compounds and effects. It’s very important to know what you’re introducing into your system, especially when it comes to potentially psychoactive substances.

Full Spectrum CBD oil contains more than just CBD; there’s a wide array of other cannabinoids, including THC, terpenes, and essential oils. This type of CBD oil allows the use of both leaves and flowers to assure the presence of every compound; however, leaves hold a high concentration of chlorophyll, which gives the oil a dark color and a somewhat bad taste.

Broad Spectrum CBD oil gives you the full set of substances, as well, however, there is no THC, which means you won’t get high or show positive on a drug test if you consume the oil on a regular basis.

CBD Isolate is the purest form of CBD oil extracted from nothing but the plant flower. If you’re opting for this type of oil, you should use hemp flower for this purpose. Hemp has been legal in the U.S. since the passage of the 2018 Farm Bill.

Since the extraction of Full Spectrum CBD oil is the way to obtain the most of the plant’s benefits to our wellbeing, we’ll go through to examine this method, not only because buying complex equipment for marijuana processing might get you in trouble, but also because it’s the simplest process and easy to implement at home. For those of you who would like to know other methods of marijuana oil extraction, we’ll also mention some alternatives at the end.

Extracting CBD oil from a flower

Before you start the process, it’s of paramount importance to know that Ethanol or Ethyl Alcohol is a highly flammable substance so make sure you take every precaution to keep yourself and your environment safe from fire hazard. That being said, let’s get on with the preparation process.

What do you need?

Cannabis flowers – make sure you trim down every leaf and leave nothing but the flower for the extraction process. Break larger buds into smaller pieces to make it easier for processing or even better, grind the flower so that the herb could absorb the alcohol better.

Ethanol – Best use 95% Food-Grade Ethyl alcohol.
Filtering equipment – Best use paper filters or fold gauze into several layers.
Fireproof bowl – the size of the bowl depends on how much material you have prepared.
Large glass jar – This is where you’ll mix alcohol and weed.

Decarboxylation process

To activate cannabinoids, we must place the ground herb into an oven for about 45 minutes. Spread marijuana over a casserole dish or something similar and keep the oven heated at around 110 degrees Celsius. Depending on the granulation, it could take less than 45 minutes for the decarboxylation process, so pay attention not to burn your weed in the oven.

Mixing and filtering

Place your weed into the jar and pour alcohol over it until it covers the weed completely. Stir the mixture every 5 minutes several times and let the mix sit for an hour or two. You can’t let it sit for too long, so don’t worry if you leave it sitting longer than this.

Place the layered gauze or paper filter over the fireproof bowl and start pouring the solution. It’s not a bad idea to repeat the filtering process several times until you’re satisfied with the achieved purity of the filtered solution.

Removing the alcohol

Ethyl alcohol boils at 78 degrees Celsius which is the temperature you should set on your heating surface and slowly mix the solution within the fireproof bowl. Keep the bowl over the heat source until no alcohol vapor or bubbles is appearing on the surface of the heated liquid.

More oil extraction methods

There are numerous ways to extract oil, some even answer the question of how to extract THC from your product. As these require a bit more experience, we’ll only go through some of the most popular methods.

CO2 Extraction

This is one of the newest ways to produce CBD oil and it offers the purest oil extract, called CBD Isolate, free of any additional compounds. It requires a CO2 machine because it relies on carbon dioxide as a solvent. The herb is being placed into a Co2 machine and kept under pressure. This process also includes the Winterization and Decarboxylation process. The first is used to separate CBD from wax and lipids that might be left, while Decarboxylation activates the CBD.

Oil method

Similar to Ethanol extraction, the oil method requires the use of olive or coconut oil as a solvent. One major difference is that the herb is being mixed with water and dehydrated before it’s mixed with the oil and heated. This method is most commonly used by people who need to create CBD tinctures or topicals that can be applied directly to the affected area and deal with muscle pain.

We hope this article has helped you capture the basics of CBD oil extraction. We tried to cover the extraction process as comprehensively as possible so you wouldn’t have any setbacks while trying to make your extract at home. Also, we avoided the use of specialized chemistry equipment because, let’s face it, not too many people have a lab set up in the house. Enjoy your new knowledge and have fun making your CBD oil.

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FDA Hiring CBD Testing Contractor

The Food and Drug Administration has posted notice for a contractor to test CBD “and related cannabinoids.” The announcement comes less than a month after the agency called for public comments on its guidance for cannabis-derived pharmaceutical research.

“The Food Drug Administration is seeking a Contractor who shall provide support to the FDA by collecting samples and assessing the quantities of CBD and related cannabinoids, as well as potential associated contaminants such as toxic elements, pesticides, industrial chemicals, processing solvents and microbial contaminants, in foods and cosmetics through surveys of these commodities. The purpose of these studies will be to develop a better understanding of the quantities of CBD and associated cannabinoids and their distribution.” – FDA notice, “Collection and Analysis of Products Containing CBD and Cannabinoids,” Aug. 13, 2020

According to agency documents accompanying the posting, the agency is seeking testing for thousands of products as part of the FDA’s Cannabidiol Policy Working Group. The FDA says the laboratory will test “CBD-containing packaged and processed foods such as beverages, water, candy, baked goods, oils and tinctures that can be added to human or animal foods, including pills, capsules, gel caps, gummies and other forms.”

Last November, the FDA issued its first consumer update regarding CBD which claimed that the cannabinoid “has the potential to harm” including negative effects on the metabolism of other drugs, increase risk of sedation and drowsiness when used with alcohol, changes in alertness, gastrointestinal distress, changes in mood, and potential liver damage. The update also claimed that CBD use could be toxic to male reproductivity.

In a mandated update to lawmakers in March, the agency said it was “evaluating issuance of a risk-based enforcement policy that would provide greater transparency and clarity regarding factors FDA intends to take into account in prioritizing enforcement decisions,” according to a Marijuana Moment report.

Last month, the agency submitted a draft of that guidance to the White House Office of Management and Budget.

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Medicine Man Denver Terminates Schwazze Deal

Medicine Man Denver is terminating its term sheet with Schwazze and has begun looking for new partners, the company announced on Monday. In a statement, Sally Vander Veer, CEO of Medicine Man, called the move “the right decision for both companies.”

It’s the second terminated acquisition agreement for Schwazze after Medically Correct pulled out of a deal with the company on July 27. Medically Correct President Bob Eschino said the company terminated the deal in order to shift focus toward brand expansion and development, according to a statement.

On July 9, Schwazze – which formerly operated as Medicine Man Technologies Inc – announced it had terminated a $12 million purchase of cannabis cultivator Los Sueños Farms and a $3.75 million acquisition of Dabble Extracts. Dispensary company High Country Supply and dispensary group Strawberry Fields each also terminated a $12.5 million sale and $31 million sales, respectively, earlier this year.

In June, Schwazze announced it had agreed to acquire 14 Star Buds locations throughout Colorado in a $118 million cash and stock deal. That deal has not yet closed.

In April, Schwazze completed acquisitions of Mesa Organics – which operates four southern Colorado dispensaries – and its Purplebee’s extraction and manufacturing business.

Schwazze CEO Justin Dye told Bezinga last month that the company had 11 deals in the works. In 2019 the company announced a $170 million merger and acquisition strategy. At that time, Dye served as chairman of the board and, through Dye Capital, committed $21 million to Schwazze’s strategy.

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Dr. Leah Sera: The Nation’s First Masters Program In Medical Cannabis Science

Cannabis education has become a cornerstone of the modern industry, which now looks to the many schools, colleges, and universities that offer training for current and future cannabis professionals. From medical science to business analysis and more, educators are laying a foundation of highly qualified workers for the cannabis industry.

In this interview Q&A, we catch up with Dr. Sera to ask about the University of Maryland School of Pharmacy’s MS in Medical Cannabis Science and Therapeutics program. Launched last year, it was the nation’s first graduate program in medical cannabis science. Our interview covers the program’s goals and requirements, the likely career trajectories of students who complete the program, and more!


Ganjapreneur: What is the main goal of the Masters of Science in Medical Cannabis Science and Therapeutics program? How will this program serve graduates and their future patients?

Dr. Leah Sera: Our primary goal in developing this program, as with all our programs at the University of Maryland School of Pharmacy, is to improve care for patients. Our students come to us with many different academic and professional backgrounds, including science, healthcare, law, and public health, among others. The comprehensive education we provide in this program will prepare them to improve patient care both directly (for those working in clinical environments) and indirectly (for those interested in research or policy development).

What are the main requirements to be accepted into the program, and who is encouraged to apply?

We wanted to bring in as diverse a student body as possible, because we know that individuals with many different backgrounds play important roles in the medical cannabis industry. That’s why our only requirement is a Bachelor’s degree (or higher) from a regionally accredited institution, and why we don’t require incoming students to have a particular field of study or take prerequisite coursework. We teach all the basic science and clinical information as part of our program. Though most of the coursework is online, we do require students to travel to the Universities at Shady Grove in Rockville, MD once each semester for a day-long symposium that includes expert speakers as well as opportunities to network with industry professionals and connect with peers.

What types of career paths will this program prepare students for?

We anticipate that our graduates will be able to leapfrog over entry-level positions in the industry, and we also expect that our students will be trailblazers in creating new positions in the medical cannabis field, including in clinical practice, research and development, regulatory affairs, and patient advocacy. Graduates of our program will be equipped to educate patients, healthcare providers, policymakers, and the public on the science and clinical uses of medical cannabis. Depending on their academic and professional backgrounds, they may choose to work with patients directly or improve patient care through research, policy development, and advocacy.

How did the Pharmacology department formulate the curriculum for the program? What cornerstone textbooks, studies, and thought leaders are referenced in the material covered?

Our curriculum was developed with input from faculty in multiple departments in the School of Pharmacy, including pharmacologists, chemists, pharmaceutical scientists, and clinicians. Our content is based on evidence in the scientific and medical literature, and students are asked to critically evaluate clinical trials during their coursework.

Has the University experienced any pushback on the program, internally or externally, due to the federal prohibition of the plant?

We faced surprisingly few obstacles in getting the program approved and launching it last August. For the most part, everyone who played a part in reviewing, approving, and implementing the program was curious, interested, and invested in making it successful. We’ve had an incredibly positive and robust response from people in the medical cannabis field and from prospective students.

Will students in the program be conducting medical research?

Our institution is not currently doing cannabis research. We expect that as federal regulations on cannabis change, we will be able to expand our program in many different ways, including research.

How do you anticipate the program evolving and growing over time? As federal restrictions are lifted, do you believe more educational institutions will begin adding cannabis pharmacology into their offerings?

I think that we are already seeing more and more colleges and universities incorporate medical cannabis into their curricula, either by developing full programs or individual courses. We certainly plan to continue to innovate, evaluate, and expand our program. The field of medical cannabis is rapidly evolving, and the University of Maryland School of Pharmacy’s MS in Medical Cannabis Science and Therapeutics is ready to meet the challenge of evolving with it!


Thanks again, Dr. Sera, for answering our questions! Click here to learn more about the University of Maryland School of Pharmacy’s MS in Medical Cannabis Science and Therapeutics.

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Maine’s Adult-Use Market Launch Set for October 9

Adult-use cannabis sales in Maine are set to commence on October 9, more than four years after voter approval and after two delays by a former governor and an “indefinite postponement” due to the coronavirus pandemic.

Office of Marijuana Policy Director Erik Gundersen called the announcement “a major milestone in honoring the will of Maine voters and a significant step toward launching a new industry in the state.”

“The public’s health and safety are at the forefront of every decision we make at the Office of Marijuana Policy. While we were poised to launch this new industry earlier this year, we were unwilling to sacrifice the high standards we have set for this program by launching during an emerging public health pandemic and in the absence of a testing facility. With the support of the public health community, municipalities across the state, and the industry we regulate, we have used the last few months to ensure this new industry is introduced to Maine consumers in a manner that is as responsible as possible.” – Gundersen in a press release

The OMP said it would begin issuing licenses for retail sales, cultivation, manufacturing, and testing on September 8. Businesses must undergo a three-step application process which includes conditional licensure and local approval before getting a license from the state.

Maine voters approved the reforms in 2016 but then-Gov. Paul LePage (R) twice vetoed the implementation bill passed by state lawmakers. Last October, officials anticipated adult-use sales would begin in March but those plans were derailed by the state’s lack of infrastructure and pushed to June. In April, officials indefinitely delayed the rollout of the program due to the coronavirus pandemic.

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UK to Reduce Recreational Drug Penalties for Athletes

United Kingdom Anti-Doping (UKAD) is imposing shorter bans for athletes who fail out-of-competition drug tests for non-performance enhancing drugs, including cannabis and cocaine, saying it was to put an “emphasis on athlete welfare,” the BBC reports.

The details of the new policy are still being finalized but further penalty reduction would be available for athletes who complete a treatment program and promptly admit to their violation.

The new rules, which take effect in January, also allow for longer bans when there are “aggravating factors,” such as lying to investigators, hostility toward doping control officers, and when there are multiple violations.

The reforms come as the World Anti-Doping Agency (WADA) reduces its ban for some recreational drugs to one to three months instead of two years.

UKAD Chief Executive Nicole Sapstead said the new rules reflect the WADA standards. In 2017, WADA removed CBD from its banned substances list but added synthetic cannabinoids such as “Spice.”

“The UK Anti-Doping rules are the backbone of our mission to keep sport clean. … We have developed the new rules to ensure that we are able to meet the latest challenges threatening clean sport, and that athletes and the public can have confidence in clean competition.” – Sapstead to the BBC

According to a CBC report, WADA approved changes to its code last year after a two-year consultation process. In May 2019 more than 150 current and former athletes – including now cannabusiness owner Mike Tyson – sent a letter to WADA asking them to remove THC from its banned substances list.

In 2017, 154 athletes tested by WADA failed the test for THC.

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Pennsylvania Dispensaries See 70% More Patients During Pandemic

From February to August – amid the coronavirus pandemic – the number of weekly patient visits to Pennsylvania’s medical cannabis dispensaries has risen more than 70 percent from 70,000 to 120,000, the Philadelphia Enquirer reports. Since February, the state’s 89 dispensaries have sold $385 million in products, nearly as much as the $400 million sold in the state in the previous two years combined.

According to state Department of Health data, chronic pain is the number one qualifying condition in the state – about 37 percent of Pennsylvania patients are registered for the condition, followed by post-traumatic stress disorder (24 percent), and opioid use disorder (12 percent) There are now about 230,000 registered patients in the state.

Medical cannabis dispensaries were considered essential services as the state issued stay-at-home orders in March. The state also upped the amount of cannabis patients were allowed to obtain at one time from a 30-day supply to a 90-day supply.

A May poll found 62 percent for broad cannabis legalization in the state, a proposal backed by Democratic Gov. Tom Wolf. A legalization bill was introduced in the state last October, but Republican members of the state House have said they have “no plans or interest” in legalizing cannabis recreationally. However, the Pennsylvania Cannabis Coalition-commissioned poll conducted by Harper Polling – a Republican firm – found that just 9 percent of GOP voters would vote against a legislator that voted for the broad reforms, which could sway some of the holdout Republicans.

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Cannabis Legalization In Montana Will Be Decided By Voters

Montana voters will decide whether to legalize cannabis in the state during November’s General Election as the Secretary of State on Thursday certified the initiative backed by New Approach Montana, the Associated Press reports. The legalization question will have an accompanying constitutional initiative which is meant to ensure that only adults 21-and-older can access legal cannabis products.

If approved, the measure – which will appear on ballots as Issue 14 – would implement a taxed and regulated marketplace, and implement a 20 percent tax which would be used “to fund conservation, substance abuse treatment, veterans services, long-term health care, local governments, and general revenue for the state,” according to a summary of the proposal from the Secretary of State’s office. The state’s general fund would receive 10.5 percent of the tax revenues derived from the industry, while 10 percent would be earmarked for each the Department of Health and Human Services, local governments where the retail cannabis sales occurred, veterans’ services, and for Medicare rate increases.

The nongame wildlife account, state park account, trails and recreational facilities account would each reap 4.125 percent, while 37.125 percent would be used to credit Fish, Wildlife, and Parks.

The measure would also reduce the medical cannabis sales tax to 1 percent and would allow people currently serving sentences for some cannabis crimes to apply for resentencing.

A fiscal note from the Governor’s Office of Budget and Planning estimates that the state could generate $3.5 million in tax revenues in fiscal year 2022, $18 million in 2023, $28.6 million in 2024, and $38.5 million by 2025.

In 2016, Montana voters approved a measure to roll back medical cannabis program restrictions by a 56-44 margin.

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Study: After-Hours Cannabis Use Has No Negative Impact On Worker Performance

A San Diego State University study found that after-hours cannabis use has no negatives effects on workplace performance but did find a negative correlation between those who used cannabis before and during work with task performance.

In fact, Dr. Jeremy Bernerth, management professor at San Diego State University’s Fowler College of Business and study co-author, suggested that after-hours cannabis use may actually offer some work-related benefits.

“Individuals deciding to consume cannabis after finishing their work may be able to distract themselves from stressful on-the-job issues. The relaxation induced by cannabis may help employees restore energy spent during the day and they may subsequently return with more stamina to devote to their job once they are back on the clock.” – Bernerth in a statement

Jack Walker, management professor at Auburn University’s Raymond J. Harbert College of Business, joined Bernerth on the study, which surveyed 281 employees and their direct supervisors and “citizenship behavior,” or their willingness to voluntarily help the organization or their colleagues. Participating employees and supervisors were recruited through social media and with the help of university business students, though cannabis usage was not required of the participants.

Each employee was asked about the frequency and timing of their cannabis use as it relates to their work shift. The managers were asked to assess their employee’s task performance, citizenship behavior, and any counterproductive work behavior.

The researchers found the supervisors more often reported reduced citizenship behavior and counterproductive work behavior by employees who used cannabis before and during work hours but no “significant change in any of the work performance dimensions when employees used cannabis after work.”

Bernerth added that since the study found no negative effects when employees use cannabis after work, organizations would be “hard-pressed to provide legally defensible justifications for the continuation of policies prohibiting all forms of cannabis use.”

Bernerth said the study is the first in nearly two decades to “research cannabis usage in relation to workplace behaviors.”

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New Jersey Allows Medical Cannabis Recommendations Via Telemedicine

New Jersey medical cannabis patients can now get recommendations for the program via telemedicine, according to a Fresh Toast report. Attorney General Gurbir Grewal called telehealth “an important option for patients and providers” amid the coronavirus pandemic.

Due to the pandemic, the federal Drug Enforcement Administration has allowed a temporary waiver allowing medical cannabis practitioners to approve patients for the program. The state must follow those DEA rules and practitioners must ensure that they are issuing approvals for approved qualifying conditions.

Earlier this month, a New Jersey physician was suspended by the State Board of Medical Examiners for “indiscriminately” authorizing medical cannabis for “thousands of patients.”

“Today, we are making it easier for patients to choose telehealth services for any reason, including to avoid an in-person visit due to the continuing risk of COVID-19.  Doctors who use telemedicine to prescribe CDS or authorize medical marijuana will be held to the same professional standards as for in-person visits and must comply with all of the important safeguards we have adopted to prevent diversion and misuse.” – Grewal in a press release

In June, the Department of Health issued a waiver allowing medical cannabis to be delivered to patient homes. Amid the pandemic, New Jersey Health Department officials have made several tweaks to the medical cannabis program in order to ease patient barriers, including reducing caregiver fees to $20, allowing telephone consultations, curbside dispensing, and increasing options for discounts.

New Jersey voters will decide whether to broadly legalize cannabis in the state in November; two polls – from April and July – suggest the reforms will pass.

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Seattle Hempfest Going Online This October

The Seattle Hempfest, billed as the world’s largest cannabis event and legendary legalization “protestival,” has announced its annual event will be held virtually on October 10-11 due to the ongoing COVID-19 crisis.

The “internet reveal” for the globally accessible event will be held online this Sunday, August 16, from 1-4 pm PST on the Hempfest website. During Sunday’s event, organizers will discuss the October “Hempfest Extravaganja.” 

“When we realized that there was no way to safely produce HEMPFEST down on the Seattle waterfront this year, we started working on a transition in order to present our panels, speakers, vendors, and music via the internet,” said Vivian McPeak, the executive director for Hempfest.

“This August Reveal will be a taste of what we have in store for our global October Online Extravaganja. At this August sampler we will have a keynote speaker, special musical performances, speaking guests, and interactive activities.” — Excerpt from a Hempfest press release

Despite being deeply in debt and needing to turn to community support due to the pandemic, Hempfest looked to the future — where the cannabis plant should play an essential role in reshaping humanity — in choosing a Green Renaissance theme for the October event.

“Our world society is facing unprecedented challenges, many of which have been exposed by the pandemic, which presents an opportunity to reset our approach to many things, as returning to the normal that produced these challenges would be a lost opportunity,” the press release reads. “From renewable energy and safe, compassionate medicine to sustainable construction practices and nutritious food products, the cannabis plant is the one natural resource that can play a role in practically every issue we face moving forward.”

Note: Click here to hear about the origins and history of Hempfest in an original radio documentary by Lukas Barfield, author of this piece.

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