Report: Federally Legal U.S. Cannabis Industry Could Create 1.1M Jobs by 2025

According to a New Frontier Data report, if the U.S. government were to legalize recreational cannabis, the industry could infuse the national economy to a tune of $18.9 billion by 2025, based on a 15 percent tax rate. The report estimates that sales taxes, if implemented federally at 15 percent, could reach $51.7 billion. The revenues would be entirely new revenue for the U.S. Treasury as there are currently no federal sales or excise taxes.

The analysts estimate that federal legalization could create 782,000 jobs almost immediately and 1.1 million by 2025, which would represent $4 billion in payroll taxes in the early days of the industry, and as much as $5.9 billion by 2025.

“By combining the business tax revenues, the payroll withholdings based on the theoretical employment required to support the industry, and the 15 (percent) retail sales tax, one can calculate the total federal tax revenue potential of legalization: The combined total is estimated to be $131.8 billion. The difference between the current structure and the theoretical model is a $76.8 billion increase in federal tax revenues.” – New Frontier Data report, “Cannabis in the U.S. Economy: Jobs, Growth & Tax Revenue, 2017 Edition.”

The report notes that the report was prepared prior to the Tax Cuts and Jobs Act signed into law by President Donald Trump in December.

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Timeline for Canadian Legalization Gets Murky as Senate Pushes for Drugged Driving Bill

The Canadian Senate is effectively stalling federal cannabis legalization as they push for drugged-driving legislation, according to a report from Investor Intel. According to their analysis of the situation, December 2018 would be the earliest legalization could occur and the chamber could delay the legislation to the next election, which would effectively kill both the legalization and drugged driving bills.

What’s the timeline look like?

While the Senate has already held hearings on the legalization measure, it has not gone line-by-line through the analysis to see how it jives with existing laws. According to the report, it likely won’t begin that process until May, after the chamber finished with the drugged-driving bill, putting the timeframe in which it would move back to the House of Commons for third reading to June.

Part of the drugged driving legislation includes a six-month period to allow law enforcement agencies to catch up – so if the legislation passes in June, legalization would probably not be considered until at least December. The report notes that the Senate could continue delaying the legislation through Parliamentary procedures in order to prevent the bills from gaining any more traction until the next election – which, depending on the outcome, could derail Canada‘s legalization entirely.

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Former Alabama Senator Jeff Sessions, current Attorney General, is notoriously anti-cannabis.

Sessions: Feds Focusing on High-Level Cannabis Dealers, Not ‘Routine’ Cases

During remarks to the Federalist Society in Washington D.C., Attorney General Jeff Sessions admitted that the federal government does not have the resources to investigate and prosecute “routine” cannabis cases and would instead focus on gangs and other high-level illicit dealers, according to a CBS News report. Sessions added that the federal prosecutors “haven’t been working small marijuana cases before and … are not going to be working them now.”

The comments come about three months after Sessions rescinded the Obama-era Cole memo which protected state-approved cannabis businesses from federal interference. Sessions seemed to explain his decision to cancel that directive during his speech, saying that he is “not going to tell Colorado or California or someone else that marijuana is legal under United States law.”

Sessions explained that some of the issues the federal government is worried about in legal state – such as diversion and illegal cannabis growing operations – would be handled at the discretion of the individual states’ U.S. attorneys.

President Donald Trump has, on at least two occasions, indicated that he would support the death penalty for drug dealers; although, those comments have typically come in speeches focused on the opioid epidemic rather than cannabis policy.

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West Virginia Fails to Pass MMJ Reforms

The West Virginia Legislature failed to pass legislation to increase the number of medical cannabis licenses and open the door to patients accessing flower products, according to a WVNews report. The bill, which passed the House late last month, was heavily amended by the Senate and was unable to make it back to the House floor for a vote before the legislative session ended.

The measure that passed the House included:

  • Cannabis decriminalization.
  • Medical cannabis home deliveries.
  • Instructing the Bureau of Public Health to create a rule allowing flow products to be included in the state medical cannabis regime. That rule would have still needed to be codified by the legislature before becoming law.
  • Requiring the bureau to issue permits for up to 100 dispensaries

In amending the measure, the Senate removed the decriminalization, delivery, and flower language entirely, and reduced the number of dispensary permits to 50. The amended version, which included vertical integration – allowing companies to be cultivators, processors, and dispensaries – passed the Senate 26-7.

State Treasurer John Perdue has his own concerns about medical cannabis monies due to federal policy.

In a Mar. 1 letter, Perdue worried that the state-licensed cannabis businesses and the state’s banks could be opening themselves up to federal prosecution.

“Simply stated, all banks are subject to federal law, whether the bank is a state-chartered bank or a national bank. Because cannabis (marijuana) is an illegal drug under the Controlled Substance Act, financial institutions could potentially be violating federal law by accepting money derived from the cannabis industry, even if authorized by state law.” – Perdue, in a letter, via WVNews

Worth noting: When Jeff Sessions rescinded the Cole Memo he, reportedly, did not confer the decision with regulators at the federal Financial Crimes Enforcement Network, who at the end of September 2017 had reported that some 400 financial institutions were offering services to cannabis industry operators.

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Arizona House Agriculture Committee Approves Industrial Hemp Bill

Arizona’s House Land, Agriculture and Rural Areas Committee has approved a measure to legalize industrial hemp cultivation in the state, according to a report from Arizona Public Media. The measure has already been approved by the Senate.

Sen. Sonny Borrelli, the Republican bill sponsor, indicated the measure would help boost the state’s agricultural economy, noting that hemp uses “nine times less water than cotton,” and help the state’s cotton farmers “rotate in another crop.”

“This is rope. It’s not dope. You can smoke a whole bale of this stuff. You are not going to get high on it.” – Borrelli, to AZPM

The measure caps THC content on industrial hemp crops at 0.3 percent – in line with federal definitions – and creates a licensing system for prospective growers, including background checks and fingerprints. The measure does not specify the fee amounts; however, the Department of Agriculture is seeking $750,000 and three full-time positions to create the rules and oversee the program.

Several states have moved on hemp legislation so far this year. In January, the Missouri Senate Agriculture, Food Production, and Outdoor Resources Committee heard testimony on hemp legalization legislation; and last month Alaska, Kansas, and Indiana progressed measure to implement hemp productions laws. Earlier this week, Oklahoma’s House approved an industrial hemp bill, and the Oregon Legislature reclassified hemp as an agricultural product to help jumpstart the industry.

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An aerial view of the West Virginia State Capitol Building.

West Virginia Senate Committee Approves MMJ Bill; Could Allow Flower Access

A bill approved by the West Virginia Senate Judiciary Committee would require the state Office of Medical Cannabis to create a rule allowing flower products to be available under the state’s medical cannabis program, but the Legislature would still need to approve the rule, the Charleston Gazette-Mail reports. The law comes after the Medical Cannabis Advisory Board asked lawmakers to approve adding flower to the state regime.

The measure would also allow the state treasurer to create a credit union for the state’s canna-businesses and allow for vertical integration in the space – meaning businesses could act as any combination of cultivator, processor, and dispenser. The bill would also add osteopathic physicians to the cannabis board.

The bill passed the state’s House of Delegates earlier this month.

What else does the bill do?

  • Increases the number of permits the Bureau of Public Health can issue from 10 each for growers and processors to 50, and the number of dispensary permits from 30 to 165.
  • Changes patient certification provisions to allow medical professionals to determine whether a past or current medical condition could be a contradiction from medical cannabis use and includes language to determine if a patient is experiencing “serious pathophysiological discomfort, disability or dysfunction that may be attributable to a serious medical condition and may possibly benefit from cannabis treatment.”

If approved, the law would allow patients to pre-register with the medical cannabis program before it’s slated to come online in July 2019.

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Photo of the city skyline for Detroit -- Michigan's largest city.

Michigan Attorney General Candidate Will Support Rec. Cannabis Ballot Initiative

A Democratic candidate for Michigan attorney general Pat Miles has thrown his support behind legalizing cannabis in the state, telling the Detroit News that he would support the reforms if they make the ballot and declaring the war on drugs a failure.

“The classification of marijuana as a Schedule I drug is ridiculous, and has done a great deal of harm to communities in our state and around the country, particularly communities of color.” – Miles, in a statement, via the News

Miles, a former U.S. attorney from Grand Rapids, had previously said he would only enforce any law the voters approved; however, his opponent Dana Nessel has been outspoken in her support of cannabis law reforms. She contends that Miles is only changing his stance now to score political points.

“I stated my unequivocal support for legalizing recreational marijuana the day I launched my campaign. I’ve never needed to evolve my position to meet what recent polling showed to be politically expedient.” – Nessel, in a statement, to the News

The state Democratic party is planning to endorse its candidates Apr. 15 and will formally nominate an attorney general candidate in August.

Legalization is popular in the Great Lakes State. An EPIC-MRA poll commissioned by Michigan NORML earlier this month found 61 percent support for the ballot question among Michigan voters. In November, the Michigan Coalition to Regulate Marijuana Like Alcohol submitted more than 365,000 signatures to state officials to put the issue to voters in November.

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A flat layout of a business person's work station.

Cannabis Tech Companies BioTrackTHC and Helix TCS Announce Merger

Cannabis technology companies BioTrackTHC and Helix TCS, Inc., have announced they will merge – and while they will operate independently, the companies will “rationalize common business functions.”

BioTrackTHC is one of the largest providers of seed-to-sale technology in the cannabis space, providing its software to nine governments, along with inventory management and point-of-sale solutions to more than 2,200 licensed cannabis operators in 29 states and five countries. Helix provides proprietary software to legal canna-businesses and security, including transportation, armed and unarmed guard training, and investigations.

Patrick Vo will continue in his role as CEO of BioTrackTHC, and Zachary L. Venegas will remain as CEO of Helix and become the executive chairman of the board.

“After a very lengthy and competitive process, we have agreed terms with the company and major shareholders, and have signed a definitive agreement, creating the largest ancillary cannabis company in the industry. The combined firm will offer industry-leading services to clients, improving their ability to serve their customers while increasing efficiency and profitability.” – Venegas, in a press release

“We are confident that this merger will enable the combined companies to accelerate growth and thereby enhance the value of our products and services to the customers who rely on us. With the continued expansion and maturation of the cannabis industry, we are in an ideal position to rapidly adapt with the evolving needs of our clients.” – Vo, in a statement

In 2016, Helix acquired the cannabis industry’s oldest electronic marketplace Cannabase. Venegas said the “synergies between Cannabase and BioTrackTHC are significant.”

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Emma Chasen: Educating the World About Cannabis Science

Emma Chasen is the Director of Education for Sativa Science Club, an organization that encourages industry-wide quality standards. She also, in 2016, received the Willamette Week‘s Portland, Oregon Best Budtender award.

In this Ganjapreneur.com podcast episode, Emma joined our host TG Branfalt for a conversation about the creation process behind her educational courses for individuals seeking careers in the cannabis space and why she thinks the cannabis industry should move away from the indica/sativa binary of categorizing cannabis cultivars. The interview also covers how she became a budtender for Farma (a Portland, Oregon-based dispensary that emphasizes a scientific definition and understanding of cannabis), her rise through the ranks of the cannabis space to eventually become the dispensary’s general manager, and what advice she would offer to somebody who is working in — or interested in — the retail side of the cannabis industry.

Tune in to the interview via the player below, or scroll down to read a full transcript of this week’s Ganjapreneur.com podcast episode!


Listen to the podcast:


Read the transcript:

TG Branfalt: Hey there. I’m your host TG Branfalt. You’re listening to the Ganjapreneur.com podcast, where we try to bring you actionable information and normalize cannabis through stories of ganjapreneurs, activists and industry stakeholders. Today I’m delighted to be joined by Emma Chasen. She is a cannabis science educator and consultant for the Sativa Science Club. She’s had a really interesting path to the cannabis space. She began it sort of at Brown University and in 2016, in her role at Farma she was named Portland, Oregon’s Best Budtender, but I’m going to let her tell that story myself — how are you doing this afternoon Emma?

Emma Chasen: I’m doing great TG. Thanks so much for having me.

TG Branfalt: Absolutely thrilled. I briefly sort of gave away a little bit about your background, but why don’t you tell us the story, how did you end up Portland, Oregon’s Best Budtender?

Emma Chasen: Sure. It was definitely a bit of a windy road. I did graduate from Brown University in 2014 with a specialized degree, biology degree. Part of what makes Brown so cool and wonderful is that they really let you do whatever you want. I was able to devise my own track within the biology program to really study medicinal plant research and ethnobotany. So, the way in which indigenous peoples have used medicinal plants over centuries and centuries. I came out of Brown not really sure about what I wanted to do. I was considering going the naturopathic route. So, becoming a naturopathic doctor, but I definitely did not want to jump into another five years of schooling. So, I took a job at Brown University Oncology Research Group where I was helping to coordinate Clinical Oncology trials nationwide and I naively thought that that was going to be my point of impact.

Because this was 2014, 2015. So, the cannabis movement was just starting to gain traction. Of course, it had been growing out here for a while, but out on the East Coast it’s a different story, different culture. I was excited that there was a little bit of momentum, especially in Rhode Island medical marijuana had passed. So, I thought, “Okay, maybe we can do some cannabis trials. That would be awesome and super cool.” Lo and behold, there was actually a brilliant professor from Brown who did propose a cannabis trial to my supervisor at the time and she did not even give him the time of day. She just laughed him out of the office and that was kind of the straw that broke the camel’s back for me in terms of just being done with that job.

I saw how much the cancer industry … how much money the cancer industry makes for one and just how much it profits off of people being sick. I was really disillusioned with that and came out of that job, moved back home to New York for the summer, because I’m from New York and just like, you know what, I need a new adventure in my life and so I packed up my car and drove across the country to Portland, Oregon, not even knowing if I wanted to get into the cannabis space, just knowing that there was more opportunity out here for the holistic medicine industry and jobs, but it was perfect timing, really synchronistic in that cannabis was just becoming legal for adult use. So anybody 21+ could start buying cannabis in October of 2015 and I got to Portland September of 2015.

So, everybody in the cannabis industry was hiring to prepare for this and I also, very luckily, found my way to Farma, which is a very popular dispensary in Portland that takes a more scientific to cannabis and at first I was like, “You know what, I don’t want to work in retail weed. I want to work in research or science or something else.” But I took the job because I needed the job, I needed money, and I ended up falling in love with it. I fell in love with the plant. I fell in love with learning about the plant and learning about all the different science of cannabis, behind cannabis, and I also loved connecting with consumers and really helping them reframe their relationship with cannabis as medicine, and helping them to kind of take control of their own health and wellness journey and regain some agency with this awesome medicinal plant. And so I stayed there, I stayed in Farma in total for about two years, but I budtended for about four to five months and then I was named, of course, Portland’s Best Budtender by the Willamette Week readers poll in 2016, which was awesome, and then quickly after that became Farma’s general manager.

TG Branfalt: What about Sativa Science Club? Explain to the listeners what that is.

Emma Chasen: Yeah, sure. Sativa Science Club is a really collaborative effort to support the cannabis industry at large and a lot of the way in which we believe that we can support the industry is through education. I linked up with Sativa Science Club founder, Mary J. Poppins, in June 2017 and we just found that we had a lot of similarities in terms of our goals and hopes and visions for supporting the cannabis industry. I had stepped down from my position as GM at Farma in April of 2017 to really start to cultivate and develop a comprehensive training curriculum for industry professionals, because there just was not any kind of training on cannabis science or empathetic client care, patient care as I call it. So, the ability to really take this science, this foundational information on cannabis and distill it in a way that is accessible and meaningful to consumers in a high-traffic retail environment, it takes a little bit of finesse.

I got to work as Farma’s director of education in April of 2017, after I stepped down as their GM, to really develop a training program and then linked up with Mary of Sativa Science Club in June. Found out we had a lot of similarities and we started working together to kind of workshop classes throughout the summer and then in September of 2017 I ended up officially transitioning out of Farma and working with Sativa Science Club to develop what we call now the Core Science Certification Program. So, it is a comprehensive training program that takes you through cannabis botany, cannabis compounds, the endocannabinoid receptor system, consumption methods, as well as empathetic or compassionate client care. This curriculum was reviewed by a board of scientists so that we can make sure that all the information is good and airtight.

I mean, we don’t know a lot about cannabis right now. We have a little bit of information, but even that little bit of information has been enough to create this training program and I do believe that it’s enough to elevate the industry from the conversations that are so commonly being had now.

TG Branfalt: That’s really cool stuff. At Farma, correct me if I’m wrong about this, but you guys rejected the indica/sativa binary, instead focusing on chemotypes to determine effect. Would you please explain what that means?

Emma Chasen: Absolutely. At Farma, that was really the place where I got my foundational understanding of cannabis and what Farma does, which is really pretty radical when you look at the way in which other dispensaries talk about cannabis flowers. They reject this indica/sativa binary. In cannabis, we commonly associate cannabis indica with being super sleepy and “in-da-couch” and cannabis sativa as really energizing and kind of hyperactive. However, that dichotomy is incorrect for a couple of reasons. One, cannabis indica and cannabis sativa only describe the way in which plants will grow.

So, when these species were first classified by philosophers and scientists in the 1700s, they never smoked these plants, they never consumed these plants and then wrote down in their notes like, “Oh, cannabis indica, super sedative.” All they did was outline like, “Oh, cannabis indica grows short and bushy, has dense compact flowers, whereas canvas sativa grows tall and skinny, has loose flowers.” Even at the creation of these terms there is no account that they were ever associated with effect to begin with. However, if they were at some point associated with consistent experience, it still would not matter now because everything on the current cannabis market is genetically a hybrid. Everything has been crossed and prolifically bred so many times that all current cannabis cultivars are a combination of indica and sativa genetics.

It doesn’t make sense to look up online or look up on Leafly and go, “Oh, Grape Ape. They say that that’s cannabis indica. You’ll definitely get a super sedative effect from that strain every single time.” We don’t have that consistency in the supply chain yet and also, if you think about it, it just makes more sense to look at the actual chemical compounds found inside of a plant’s matrix to determine what effect or what experience it will induce and that’s because we are actually physically consuming those compounds. We’re not consuming indica or sativa, that’s kind of like amorphous term that doesn’t really tell us much about the way in which it’s going to affect us. We’re consuming the compounds that will then alter our physiology and create a specific experience.

So, when we say we reject the indica/sativa binary and instead look at the cannabis chemotype to determine effect, the cannabis chemotype is those chemical compounds found inside the plant’s matrix that actually alter our physiology to determine or create a certain experience. At Farma we never classified our cannabis and they still don’t base on the indica/sativa binary. Instead, we looked at every single cultivars lab results, cannabinoid potency as well as terpene potency to better project an experience or effect.

TG Branfalt: In a lot of my conversations I’ve been having, especially recently and this I’ve sort of noticed in the last year with business owners and growers, is there seems to be this movement towards terpene content versus strain names when it comes to marketing, when it comes to how they discuss that with their clients. Would you like to see an industry wide shift toward marketing cannabis flowers differently?

Emma Chasen: I would. I would definitely like to see this removal of the indica/sativa binary as this thing that we hold onto so tightly to tell us an experience. I think that, especially moving forward and as the legal cannabis industry evolves, consumers are going to demand predictability and consistency in their medicine. If we continue to just look at the indica/sativa binary or strain names to help us determine effect, then we will not be delivering that consistency to our consumers. To me, that’s inexcusable because then you’re potentially losing consumers and there is still a lot of negative stigma out there about cannabis and we can’t really afford to lose consumers at this point.

We need to create a different kind of approach. I do think that strain names, they’re a great marketing tool. I think that they’re an easy way to entice consumers to try something out. However, we need to be expanding the conversation and looking at the terpene content as well as the cannabinoid content, as well as the genetics, to better determine or predict an experience for the consumers, so that they can have that greater or higher level of consistency and predictability in their medicine.

TG Branfalt: I want to dig a bit deeper into sort of this education process that you do and sort of your experience with that, but before we do that we’ve got to take a break. This is Ganjapreneur.com podcast. I’m TG Branfalt.


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TG Branfalt: Hey, welcome back to the Ganjapreneur.com podcast. I’m your host TG Branfalt, here with Emma Chasen, cannabis science educator and consultant for the Sativa Science Club. In your opinion, somebody who educates people on the cannabis plant, what do you think is the biggest gap in the cannabis knowledge base of consumers?

Emma Chasen: I think that it is this indica/sativa question. A lot of novice consumers who are looking to try out cannabis or explore cannabis look to popular blogs on the internet, look to sites like Leafly to help them kind of uncover the language needed to speak about cannabis. So, they find a lot of indica and sativa, cannabis indica makes you sleepy, cannabis sativa makes you energized. So, that’s still one of the biggest gaps in education that I see and dispensaries in the legal industry proliferate this idea and that definitely doesn’t help either. There’s also, as the CBD market continues to rise a huge gap in understanding the difference between hemp derived CBD and cannabis derived CBD. I can explain a little bit about that quick rundown.

TG Branfalt: Absolutely.

Emma Chasen: Hemp derived CBD and cannabis derived CBD, they are the same molecules. If you pulled out CBD from hemp and you pulled out CBD from cannabis they would look exactly the same. They are exactly the same. However, hemp took a very different breeding pathway than the cannabis plant or the “drug cultivar cannabis”. Hemp is actually a subspecies of cannabis sativa. However, it was never bred prolifically like the drug cultivar cannabis for its secondary compounds. Secondary compounds are the compounds like cannabinoids and terpenes that actually have or hold the medicinal qualities of cannabis.

Instead, hemp was bred for its primary compounds or its fibers and proteins. It was bred to clean up soil. It was bred to eventually be made into a textile or paper, food, and these are all breeding techniques specifically for primary compounds. So, you don’t really get this high level of secondary compounds. Whereas cannabis, or the drug cultivar cannabis, was bred only for its secondary compounds and it was bred illegally for a very long time for its cannabinoid potency, for its terpene potency, and this created quite a diverse range of secondary compounds. Cannabis’ real medicinal efficacy lies in this diverse range of secondary compounds and this is a theory called the entourage effect, that all of these secondary compounds are working together to create the most medicinal experience possible.

When we talk about hemp derived CBD tinctures or products, it can still be medically efficacious, it can still work because again, that CBD molecule is the same whether it’s in hemp or this cannabis drug cultivar. However, it does not have that full range of secondary compounds behind it to support the way in which CBD interacts with our physiology. You may find that your hemp derived CBD tincture doesn’t work as well as something that’s a cannabis derived CBD tincture. Also, you need to watch out for companies who are just looking to capitalize on the CBD movement. There are a lot of the elixirs that are sold online, that are sold on Amazon that really highlight, oh, CBD tincture, but then you read the fine print and it’s just hemp seed oil.

There are a lot of companies who are, unfortunately and really awfully, trying to pull one over on the consumer market and profitize on the CBD movement. So, just be careful. If you are looking to source hemp CBD, you can find reputable companies, you can find companies who are testing for both pesticides and potency and you can find something that is really clean and effective, you just have to do your research. Don’t just click on any CBD tincture that you find. Make sure that you read the fine print. The wonderful thing about hemp CBD is that it is legal. It is federally legal. So, it is accessible in all 50 states. It is accessible nationwide. So, if you do find that maybe you could benefit from CBD medicine. If you’re looking to try it out, but you’re not currently in a legal cannabis state, then you can source hemp CBD product, just make sure you do your research.

TG Branfalt: The other question I have for you is the … you said earlier that we don’t know much about the cannabis plant, we really only had 50 years of research on this plant. I mean, this might be a loaded question here, but what do you think is the biggest gap in sort of this knowledge base? What are we missing, do you think, that would help us maybe connect some dots or paint the picture a little clearer?

Emma Chasen: Sure. We’re missing a large portion of those secondary compounds in cannabis’ plant matrix. So, in my previous answer, when I described how cannabis’ real efficacy lies in that full range of secondary compounds, we only know a very small fraction of what those compounds actually are and what they do. Right now we really only know that there are cannabinoids, terpenes and flavonoids, but we don’t even really know how the flavonoids interacts with the cannabinoids and terpenes and there have been predicted or hypothesized to be hundreds and hundreds of compounds in the cannabis matrix and we only know three classes of them, the cannabinoids, terpenes and flavonoids. Again, we only really know what two of those, the cannabinoids and terpenes, actually do and how they work, and still, with those two classes, we don’t quite fully understand how they’re interacting with our physiology. We need a lot more research to uncover the rest of the secondary compounds in the cannabis matrix so that we can better understand how cannabis can be used as medicine.

TG Branfalt: Who do you think should be leading the way in this research? Right now a lot of private entities and legal states are working to map the genome or do other research like that. There’s a higher education programs that are working primarily with hemp. There’s a good one in New York. There’s a great one in Vermont. State governments are issuing reports, but not really doing research. The federal government has no interest, but who do you think should be leading the research efforts?

Emma Chasen: I think that higher education is always a great way to conduct and fund research. However, higher education gets tricky. If it’s federally funded, then they don’t really want to touch cannabis. The state doesn’t really give much money to support research efforts on cannabis, so that leaves you with private entities, which can gain funding from a variety of different investors to do this kind of research and with that I’m slightly conflicted on whether I like the fact that private entities are leading research. I do think that there are many private entities such as Phylos Bioscience here in Portland, that is a cannabis genomics company that is trying to synthesize the entire cannabis genome, but they also have this nonprofit that’s part of their organization called the Open Cannabis Project that looks to publish this information in open source so that nobody can patent the cannabis genome.

I think that that is really important, this discussion of patents that’s coming out of private entities doing research will definitely impact the way that the industry can move forward and I am not a big fan of patents or patenting cannabis. I think that that is an awful road to go down. The federal government already has a couple of patents out on cannabis and that will just make sure that only a very few number of really rich people are allowed to grow certain cultivars or certain cannabis genetics and that is not the way that I want to see this industry move forward. I want to make sure that everybody has access and the ability to grow this plant and that not a couple of rich people own it. Private entities, I think that they’re good for now. I think that moving forward, as the legalization movement gains more traction and it spreads, I think that higher education would also be the be a great place to conduct much of the research.

TG Branfalt: I’ve got to, I really have got to agree with you that, especially … as the conversation on a federal level here, do we deschedule it, do we reschedule it and I warn people quite frequently if it’s rescheduled, it’s going to put cannabis in the hands of pharmaceutical companies and people who can get FDA approval. I just think it’s worth noting that the deschedule versus reschedule conversation and I want to talk about some more Oregon-centric issues and topics and about your work at Farma. Before we do that we got to take a break. This is Ganjapreneur.com podcast. I’m TG Branfalt.


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TG Branfalt: Hey, welcome back to Ganjaprenuer.com podcast. I’m your host TG Branfalt here with Emma Chasen, cannabis science educator and consultant for Sativa Science Club, super smart. How do you think, if at all, your approach to cannabis led to your Best Budtender win in 2016?

Emma Chasen: I think that one, having a foundational understanding of how the cannabis plant interacts with human physiology really does help budtenders and it definitely helped me make better predictions for how that cannabis cultivar will make somebody feel and that is really important. When you’re working with a customer, if you give them a prediction and that prediction turns out right, then they’re more likely to come back to you and get medicine from you. There are also, of course, are other things that I would always include in the conversation such as dosing guidelines. So, telling people how to specifically use this product, maybe start at night if you’re a novice just in case you experience some drowsy effects you could sleep it off. Start with a very, very low dose or a micro dose and then wait a few minutes, wait 10 minutes to see how that product makes you feel before consuming more so that way you can ensure that you won’t have such an uncomfortable experience if it doesn’t work for you.

I also definitely prize myself, I guess, on my ability to take really scientific jargon-heavy concepts and distill them down in a way that a lay person can understand. So, being able to explain these kinds of scientific concepts in a way that is accessible and not alienating, because I think that a lot of times when people do try to educate, it creates this like distancing or othering of the other person on the other side of the conversation because they don’t know it or they feel like you’re patronizing them or whatever it may be. So, I always tried and I always did meet people where they were at and if they weren’t looking for the education, then I wasn’t about to give it to them.

A lot of people ask me all the time like, “Well, what happens if you do get a customer who comes in and is like, ‘I want your heaviest cannabis indica.’ What do you say to that?” My response is there are ways to very slyly insert some education in that conversation and so if somebody comes in and says, “I want a heavy cannabis indica.” I’m not going to correct them, that is like customer service 101, the customer’s always right. I then follow up with what a question, “Okay, what kind of experience are you looking for? Do you want something that’s more sedative?” Usually they’ll say, “Yeah, I want something to just put me out, again, heavy indica.” And maybe then I’d pull out a cultivar for them to smell and talk about how it has a high concentration of THC and a high concentration of a terpene called myrcene and myrcene is found abundantly in hops.

So, think when you drink a few beers and you get drowsy. Well, that’s what this call cultivar is going to do to you. Never in that conversation did I say, “You’re wrong. Indica is wrong.” You can’t say that. Never did I also say, “Oh yeah, I’m going to get you a cannabis indica, a heavy indica.” I kind of did my own sly insertion of education and they took home something that hopefully will give them the experience that they want and maybe that planted a tiny seed so that the next time they come into the dispensary they’ll ask for something that’s high in myrcene instead of an indica. I think that that approach made me really successful as a budtender. It’s this combination of being able to explain cannabis science to people or introduce them to cannabis science in a way that is not othering or alienating and then also combining that with a really high level of customer service, which includes active listening, which includes eye contact, open body language, like a high degree of excitement.

A lot of people who come into a dispensary are really, really excited to be there and so the budtender has to match that excitement, otherwise it’s going to be a little bit of a disappointment for the customer. So, really all those things combined. That high level customer service casual professionalism, plus this foundational understanding of cannabis science and being able to articulate it in a way that makes sense to people.

TG Branfalt: In my sort of daily news writing and conversations with industry owners, a lot of people say that Oregon’s program is one of the more interesting in terms of the employment there, you have to get a permit as an employee, and the program was recently criticized by the US Oregon District Attorney Billy J. Williams, saying that it has a massive overproduction problem among other things. Talking a lot about diversion. As somebody who’s been in the industry, what changes, if any, would you like to see in Oregon’s adult-use regime and is William’s criticisms worthwhile?

Emma Chasen: Well, I think that Oregon, out of the legal recreational states thus far, actually does have one of the better programs. The legislature is, I think, a lot better than the approach that Colorado and Washington took in that the craft industry really thrives in Oregon, specifically Portland, and we’ve seen that with craft coffee, craft wine, craft food and so why not craft cannabis? It is true that there is a strong foothold of this craft movement here. I’m part something called the Craft Cannabis Alliance here in Oregon, that really seeks to make sure that small, home-grown Oregon owned companies really make it in this industry, because it is tough.

To comment on this massive overproduction problem that we’re seeing in Oregon, it’s true. We are seeing a massive overproduction problem. This past fall market and flooded with products, specifically cannabis flour and nobody was buying it. That drove the prices down in an insane amount. I mean, I heard of pounds being sold for $200, which is awful. I mean, you cannot make money off of that. However, this is not a problem specific to Oregon. We’ve seen this problem happen in Colorado. We’ve seen it happen in Washington. I’m sure it will happen in California, where the state does not put a moratorium or a cap on licenses. It’s free market. It’s capitalism. Anybody can go out for a license. However, at this point there are only about 14% of the population in Oregon that consume cannabis and that number is not growing.

You bring on more licenses, you bring on more businesses that have more product and yet your consumer base isn’t growing. So, it’s inevitable that some of those companies are going to drop out or turn to black market, which a lot of them are. There are two solutions, a few solutions I see to this problem. One, the state could put a cap on licenses and say, “You know what? There are only allowed this many licenses in the state.” However, a lot of people do not jive with that idea because capitalism, free market, we want to let everybody have a chance, which I totally get. The next thing would be, okay, as the East Coast starts to legalize, as Vermont, as New Jersey, as Maine, Massachusetts legalize, you can’t really grow great cannabis naturally out there. You have to grow it in a warehouse, which, of course, is not very sustainable and costs a lot more money and is not good for the environment.

Then the solution becomes, “Well, if we have all this product out in Oregon, that is arguably the best cannabis product that you are going to get. This is the place that has been growing cannabis forever. It’s the place that has been supplying the East Coast black market forever, so why not regulate that? Why not allow Oregon companies to ship product out to East Coast legal States and have that flower be sold in their dispensary instead of popping up all these warehouses that are just generating “botox weed”, as I call it. So, that would be a larger solution. However, of course, then you need to get the feds involved because you’re crossing state lines. It’s not something that’s going to happen right away, but it’s something that long term could potentially really help the Oregon market, but I think that for right now it’s really making sure that these craft companies do survive because they are the heart of the Oregon market and that in this shakeout not having just like a few highly capitalized companies kind of win out.

TG Branfalt: Are you, with the recent changes in federal policy, the revocation of the Cole Memo, are there any fears of crackdown among operators in Oregon?

Emma Chasen: I think it was a big scare when Sessions rescinded the Cole Memo. People definitely freaked out a little bit. However, as long as the state’s attorney general is cool with it, as long as they are not going to come after the program, then it’s going to be okay, and they’re not going to come after the program unless people are not remaining in compliance. So, unless people are selling to black market prolifically and the whole kind of market and industry just bottoms out, which again, it is definitely a risk right now with this kind of market shakeout that’s happening. However, I don’t think that the state’s attorney generals are going to go after companies and just shut the industry down.

I mean, it’s making a ton of money for the state, millions of dollars in tax revenue are coming in. There are now a ton of jobs that are being created due to this industry. There are people who are not dying of opioid overdoses. I mean, we’ve seen in every single sector how this industry can benefit the states and so, unless we have an industry wide problem of everybody turning to black market activity, then I don’t think that there is really going to be a major shutdown.

TG Branfalt: Usually I end these interviews by asking what advice would you have for entrepreneurs, but really, I think what I want to know from you is, what advice do you have for people interested in working on the retail side, working in the customer service aspect of the cannabis space?

Emma Chasen: I’d say, “Do your research. Learn.” You can now take our program at SativaScienceClub.com. You could take the core science certification program from anywhere in the world because we do have it set up for online students as well. So, make sure that you learn about cannabis, make sure that you learn how to talk about it and then do your research and really target the dispensaries that you align with, and then take whatever position you can get there. This is the main thing I say to everybody looking to get into the cannabis industry, just get your foot in the door.

I mean, when I got to Portland I didn’t want to be a budtender working for $12 an hour. That was not something that I wanted to do, but I did it and then I worked my ass off to find my niche and made connections and networked until I eventually got where I wanted to be. So, do your research, learn as much as you can about cannabis and about how to talk to people about it and then go out and just take a position that you can, meet people, connect and continue climbing your way.

TG Branfalt: I really want to thank you for being on the show. This has been really, really cool. You have a fountain of knowledge. You know a lot more than I do, that is for sure. Where can people find out more about you more and more about the Sativa Science Club, other projects that you might have going on.

Emma Chasen: Sure. You can find Sativa Science Club at SativaScienceClub.com and you can find out all about the training and workshops that you can take through there. You can also find me and the work that I do at EmmaChasen.com. You can also find me on Instagram and Facebook. So, my socials. On Instagram I’m echasen. Facebook, Emma Chasen. Same with Sativa Science Club. You can find them all over social media, Instagram, Facebook and the like.

TG Branfalt: Again, thank you so much for taking the time to come on the show. It’s really been delightful and I definitely look forward to talking to you again for sure.

Emma Chasen: Yes, thank you so much for having me on. It’s been my pleasure. So fun.

TG Branfalt: You can find more episodes of the Ganjapreneur.com podcast in the podcast section of Ganjapreneur.com and in the Apple iTunes store. On the Ganjapreneur.com website you’ll find the latest cannabis news and cannabis jobs updated daily, along with transcripts of this podcast. You can also download the Ganjaprenuer.com App in iTunes and Google Play. This episode was engineered by Trip Media House. I’ve been your host, TG Branfalt.

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An orange pill bottle is knocked over on a white surface, spilling anonymous pharmaceuticals out in front of it.

Death Toll Rising: U.S. Opioid Overdose Rates Jump 30 Percent in One Year

At Ganjapreneur, we’ve written time and again about the opioid epidemic ravaging the United States. This is not a new issue — but it is getting worse. 

The Center for Disease Control (CDC) recently released the results of a year-long study which tracked overdose-related hospital visits throughout the U.S. between June 2016 and September 17. During the course of that year, opioid overdose rates rose on average by 30 percent throughout the country.

The Midwest saw the most alarming changes, with overdose rates surging up 70% — Wisconsin experienced the worst rise, a 109% increase — but every major region of the country has seen overdose rates go up. Overdoses in large cities increased on average by 56% and, according to the report, individuals who have had at least one overdose already are more likely to suffer another.

Opioids do not discriminate based on age, sex, race, or economic status: every community is affected and everyone — whether directly as an addict or indirectly as a family member, friend, or bystander — is a potential victim. Opioid users frequently become hooked on doctor-prescribed pharmaceutical painkillers and, when their prescription runs out, turn to black market sources for said pharmaceuticals (or for heroin).

In its report, the CDC makes several recommendations to help federal agencies, state governments, and individuals better prepare themselves for the fight against deadly narcotics. Some of these tips include streamlining communications between state health departments and their local communities, increasing the distribution of overdose-reversing drugs such as naloxone, and the use of prescription drug monitoring programs. Notably, the CDC fails to mention the rising popularity of an effective pain treatment that is both non-toxic and non-addictive: medical cannabis.

Multiple studies have shown that opioid overdose rates have gone down in states with an established medical marijuana program, especially if said program allows access to the plant as a treatment for chronic pain. In fact, patients consistently indicate that they were able to decrease or entirely halt their opioid intake by switching to cannabis and, even with the number of cannabis users steadily increasing, there remain zero recorded deaths attributed to a cannabis overdose.

Dissenters and an alarming number of lawmakers, however, continue to tout disproved, Drug War-era theories about the gateway effect or some other half-cocked excuse like, “We haven’t done enough research yet,” or my personal favorite, “We shouldn’t increase access to an illegal drug during times of crisis” — as if a thing could be good or bad for you based on something as arbitrary as its legality.

This CDC report might have just been released, but nothing in this article is new except the rising number of victims. Lawmakers, companies, and individuals who refuse to take action on this issue or who are purposefully blocking medical cannabis reforms should be seen as complicit in the opioid epidemic’s daily death toll, which last year surpassed 170 Americans per day.

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Oklahoma House Unanimously Approves Bi-Partisan Industrial Hemp Bill; Moves to Senate

Oklahoma’s House has unanimously approved an industrial hemp pilot program bill which would allow the state’s farmers to obtain a license to grow the crop, KOKH reports. The measure is sponsored by Democratic Rep. Mickey Collens and Majority Floor Leader Jon Echols, a Republican.

“The potential provided in this bill is limitless. In the long term, industrial hemp could become a source of steady, recurring revenue for Oklahoma. Once we analyze results from this pilot program, our state can be on track to commercialize the product and strengthen our economic portfolio.” Dollens to KOKH

The program would be overseen by the state Department of Agriculture, Food and Forestry, allowing farmers and institutes of higher education to partner with one another to cultivate certified hemp seed – for plants containing 0.3 percent THC – for research and development purposes. The measure includes creating a fund using fees paid by program participants for that agency to register growers, test products, and inspect cultivation sites; however, the legislation does not outline what those fees are.

The bill has been sent to the Oklahoma Senate. If approved by the legislature, the measure would take effect immediately after being signed by the governor.

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Weedmaps Receives Cease-and-Desist Order from California Cannabis Regulators Over Unlicensed Dispensary Ads

California’s head of the Bureau of Cannabis Control Lori Ajax has sent a cease-and-desist letter to Weedmaps directing the Irvine-based internet company that maps cannabis dispensaries to stop advertising unlicensed retailers in the state, according to an Orange County Register report. Ajax said if the company does not immediately remove the ads, it could face criminal and civil penalties, including fines for each ad.

BCC spokesperson Alex Traverso told the Register that the agency had discovered many of the state’s illegal businesses through the site and officials have sent more than 900 cease-and-desist letters to illegal dispensaries.

In a February interview with the Register, Weedmaps President Christopher Beals defended the company’s decision to accept the ads, arguing that the site is “showing the same information that Google and Yelp and Craigslist and 30 other websites are showing.”

“To sort of say, ‘Let’s pretend an illegal market doesn’t exist’ or that people can’t just type ‘dispensary’ into Google and find this information… isn’t really realistic.” – Beals, in a February interview with the Register

In February, Leafly, a Weedmaps competitor, announced that as of Mar. 1 they would no longer accept ads from California’s unlicensed dispensaries.

“The California state government has made clear that only licensed retailers and delivery services may advertise via technology platforms. … Businesses that have already received their state or municipal license and validated their license status with Leafly will not see any changes to their accounts.” – Leafly, in a Feb. 7 press release

Traverso indicated that there was “no immediate action planned” against Weedmaps but that the agency was communicating with the company.

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MMJ Bill Stalled by Kentucky Committee; Could be Reconsidered this Session

A medical cannabis bill in Kentucky has been stalled by the House Judiciary Committee but rather than reject the measure, the panel has left the option open to reconsider the legislation this session, the Courier Journal reports. Rep. Jason Nemes said if the committee had voted on the measure it would have been defeated, but the decision by the panel to pass over the bill “keeps it alive.”

House Bill 166 would allow patients with 22 debilitating medical conditions to access the program.

The qualifying conditions covered by the legislation include:

  • AIDS
  • amyotrophic lateral sclerosis (Lou Gehrig’s disease)
  • cancer
  • chronic or debilitating disease
  • cognitive disorders
  • Crohn’s disease
  • cognitive disorders
  • fibromyalgia
  • glaucoma
  • hepatitis C
  • irritable bowel syndrome
  • movement disorder
  • multiple sclerosis
  • neurodevelopmental disorders
  • peripheral neuropathy
  • post-traumatic stress disorder
  • seizures
  • severe, debilitating pain
  • severe nausea
  • terminal illness
  • traumatic brain injury
  • wasting syndrome

Jaime Montalvo, president of Kentuckians for Medical Marijuana, said that while the committee has tabled the bill for now, advocates have “never had this momentum before.” Nemes said that lawmakers could consider amending the bill in order to make it more palatable to opponents.

If the measure is approved, Kentucky would be the 30th state to allow access to medical cannabis.

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Report: Illinois ‘Cannabis Candidate’ Subject of Title IX Complaint & Allegedly Misrepresented Military Record

The self-described “Cannabis Candidate” running for an Illinois congressional seat has been accused of domestic abuse, conflating his service background, and was the subject of a Title IX complaint at Roosevelt University where he served as an adjunct professor, and has been barred from the campus of DePaul University over complaints of abuse and threats, according to a report from Politico.

The report outlines a Title IX complaint against Benjamin Thomas Wolf, who is running to unseat Rep. Mike Quigley, by Katarina Coates, a former girlfriend and campaign intern, who claims Wolf physically abused her on at least six occasions. And while another ex-girlfriend, Kari Fitzgerald, says that Wolf was never abusive toward her, she described him as a “bad guy.”

Title IX refers to a federal law which prohibits discrimination on the basis of sex in any federally-funded education program and is designed to protect students against domestic violence and sexual assault.

“When he thinks he’s been wronged or threatened in any way he lashes out … It’s definitely a situation where he’s escalating. There’s abusive, escalating behavior he’s demonstrating.” – Fitzgerald to Politico

Official campaign photo for Benjamin Wolf, which features him sitting on a black chair smoking a joint in front of an abstract, multi-colored painting of the U.S. flag. Photo credit: Benjamin Foote

According to DePaul University Deputy Director of Public Safety Michael Dohm, Wolf was barred from that campus following a complaint by philosophy professor Jason Hill who filed a report against Wolf after a student came to him crying over an incident with the candidate. Hill alleges that Wolf threatened him after the complaints were filed.

“To even have to comment on Benjamin Wolf is upsetting to me. I spent two years trying to get over having anything to do with him. … He wrote a lot of nasty letters to me encouraging me to kill myself. He said: ‘you should just commit suicide.’” – Hill to Politico

Wolf has also never served in the military; but argues that he didn’t misrepresent himself but rather others misunderstood him. Wolf claims to have served as a Federal Bureau of Investigation agent who has worked with both the State Department and Foreign Service.

“People in the military get upset when I say I served in Iraq. The military doesn’t have a patent on the word ‘served.’” – Wolf to Politico

Wolf has denied all of the claims against him.

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Massachusetts Cannabis Regulators Adopt Final Rules

The Massachusetts Cannabis Control Commission has finalized the regulations for the state’s voter-approved recreational cannabis industry, four months before the program is set to go live, according to a WBUR report. The commission will begin accepting applications for industry operators on Apr. 1.

What’s in, what’s out?

  • Social consumption and home delivery is off the table until at least next year. The commission voted 4-1 against including those activities last month. The panel did indicate they would revisit the social-use conversation in October.
  • Currently operating medical cannabis dispensaries must set aside 35 percent, or a six-month average of their medical cannabis sales, for medical only sales. Medical patients will also be allowed express service at the dispensaries.
  • Cultivation sites are capped at 100,000 square feet. A tiered system will allow cultivators to decide how much product they want to grow. Cultivators in their chosen tier must demonstrate to the commission they have sold 70 percent of their product to maintain the license for that tier – if they do not they will be bumped to the appropriate tier.
  • Individuals convicted of trafficking hard drugs – all drugs other than cannabis – need not apply. Although, those with such convictions can obtain licenses to work in the industry so long as they are not touching the plant.

Commission Chair Steve Hoffman told WBUR that the commission still needs to make sure its technology is in place and keep educating Michigan municipalities what is and isn’t permitted under the rules. The rules were unanimously approved by the commission.

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The Chicago, Illinois city skyline photographed from distance.

Poll: Two-Thirds of Illinois Voters Support Cannabis Legalization

According to a Southern Illinois University Paul Simon Public Policy Institute poll, a full two-thirds – 66 percent – of Illinois voters support “the legalization of recreational marijuana if it is taxed and regulated like alcohol” with 32 percent opposed.

Forty-six percent of respondents strongly favored the reforms while 20 percent were in favor; compared to 24 percent who were strongly opposed and 8 percent who were opposed. Just 3 percent were unsure.

Chicago – which could see its own adult-use ballot question in November – and the collar counties favored legalization 66 percent to 31 percent; and downstate voters 58 percent to 40 percent. Democrats supported the reforms 78 percent to 28 percent and independents 62 percent to 36 percent. Republicans were split with 49 percent both in support and opposed.

At least one Congressional candidate could use this poll to his advantage. Former Federal Bureau of Investigation officer and current human rights professor at Roosevelt University, Benjamin Thomas Wolf, is vying for incumbent Democratic Rep. Mike Quigley’s seat and calling himself the “Cannabis Candidate.” His platform includes the legalization of cannabis and hemp throughout the U.S. and pardoning those jailed for cannabis-related offenses. He advocates for using revenues derived from cannabis sales for public education and drug rehabilitation.

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Utah Senate Advances MMJ Bill for Terminally Ill to Final Reading; Passage Likely

Utah’s Senate has given preliminary approval to a “right to try” medical cannabis bill that would allow patients with less than six months to live access to medical cannabis products, Deseret News reports. The measure has already passed the House 22-4 and was advanced to a final reading by the Senate.

The reform package includes a bill that would direct the state Department of Agriculture to grow cannabis for the program, and another that would force the state to apply for a federal waiver to allow physicians to prescribe CBD oil – which, under Utah law, is not allowed to be sold over-the-counter but, according to the report, is being sold illegally throughout the state.

Senate Minority Whip Karen Mayne, a Democrat, urged her colleagues to support the right-to-try legislation, citing her experience watching her husband battle cancer. She said that nearly a decade ago his physician told him cannabis would help ease the suffering from the “worst of the worst cancer” – but he declined to seek out the therapy because he was a sitting senator “and didn’t want to go there.”

“We need to give relief. That’s what we’re here for. We’re here to help. [Citizens] are using this and it is coming. You need to give guidelines for them, give relief to not just the patients, but the families.” – Mayne, on the Senate floor, via Deseret News

It’s unclear when the Senate will take up the third reading of the bill; however, the bill’s broad support – 22-4 – means it’s likely the measure will pass.

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Nighttime photograph of the Calgary, Alberta city skyline.

Retail Cannabis Applications Open in Alberta, Canada

Retail cannabis applications have opened in Alberta, Canada and the provincial Gaming and Liquor Commission expects to receive about 250 applications for the businesses over the next year, the Edmonton Journal reports. There is no cap on the number of retail licenses the agency will approve; however, no single person or entity can hold more than 15 percent of the province’s licenses.

According to AGLC spokeswoman Michelle Hynes-Dawson, application approvals will take anywhere from two to four months depending “on the complexity” of the application and “the ownership structure.” Applicants must also undergo a background check. Applicants with prior cannabis convictions and other drug-related or violent offenses will not be awarded a license.

“Background checks are performed on an applicant, director, shareholders and key employees to prevent criminal interests from operating, associating or having a financial interest in cannabis retail sales in Alberta.” – the AGLC in the application announcement

According to the report, the agency has seen just a few applications for St. Albert, a “handful” for Calgary, and “virtually zero” for rural areas. Application fees run $400, along with a $3,000 due diligence deposit and a $700 annual license renewal fee.

Federal legalization of cannabis in Canada is expected this summer.

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A brightly lit cannabis plant with long, crystal-covered hairs on its cola.

Poll: 61% of Michigan Voters Support the Cannabis Legalization Ballot Question

According to an EPIC-MRA poll commissioned by Michigan NORML, 61 percent of voters said they would vote in favor of the ballot question to legalize cannabis use for adults, with 35 percent saying they would reject the proposal.

The survey found 45 percent of respondents indicated they would “definitely vote yes” with another 13 percent saying they would “probably vote yes,” while 3 percent said they were leaning toward voting yes.

Of the respondents who said they would vote against the proposal, 28 percent said they would “definitely vote no,” while 6 percent indicated they would “probably vote no,” and 1 percent said they were leaning toward a no vote. Four percent said they were undecided or refused to answer the question.

The results represent the largest cohort of support in Michigan public opinion polls on the topic since 2014. According to a Michigan NORML infographic, 47 percent supported legalization in 2014, and the state surpassed the 50 percent threshold in 2016 with 53 percent support and 45 percent opposed. In 2017, support jumped to 57 percent with 40 percent opposed. A Local4-Detroit News poll conducted in January found 56.6 percent support with 36.7 percent opposed.

In November, the Michigan Coalition to Regulate Marijuana Like Alcohol submitted more than 365,000 signatures to state officials – 100,000 more than required to put the issue to voters. Officials have yet to approve those signatures which would put the issue on November ballots.

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Nighttime photograph of a bridge in Columbus, Ohio with the city skyline behind it.

Is Ohio’s Medical Cannabis Program Constitutional?

On June 8, 2016, the Ohio General Assembly passed the state’s medical cannabis program via § 3796.

The bill originally did not have enough votes to pass the House, but Rep. Dan Ramos bargained with minority members and secured enough votes to pass the bill by adding subsection (C) to § 3796.09. Part of subsection (C) requires at least 15% of cultivator, processor, or laboratory licenses go to entities that are owned or controlled by economically disadvantaged groups, specifically African Americans, American Indians, Hispanics, and Asian Americans.

The program took effect September 8, 2016 and licenses for growers, processors, and dispensaries were determined based on a scoring standard used on each application. Scoring was based out of 200 points and factors included financial plans, location, and prior experience — but not every applicant was happy with the results of the licensing process, and some have called into question the program’s legality under the U.S. Constitution.

The argument against constitutionality

PharmaCann — an Illinois-based medical cannabis company who applied for a cultivator license in Ohio — filed a suit December 13, 2017 after it did not receive a license.

PharmaCann alleges subsection (C) is unconstitutional because it imposes a racial quota and that PharmaCann should have received a license because it scored higher than two other applicants who received licenses. Parma Wellness Center scored 153.08 and Harvest Grows scored 142.04 compared to PharmaCann’s 158.56. PharmaCann argues it didn’t receive a license because of subsection (C) and that no applicants could be considered economically disadvantaged, considering that the application fee is $20,000, the initial operating fee is $180,000, and applicants also must be holding at least $750,000 in escrow — totaling to a required amount of nearly one million dollars upfront for any potential licensee.

A peek inside of a licensed, commercial cannabis grow in Washington state. Photo credit: Rory Savatgy

Additionally, PharmaCann points to other states who have tried to enact race-based provisions and their constitutionality (Florida Statute §381.968(8)(a)(2)(b), Maryland Statute §13-3306(a)(9)(i), and Pennsylvania Code 28 § 11.41-32). In essence, PharmaCann argues that race-based provisions cannot be mandatory. The Supreme Court has held that race-based provisions may be used as “plus” factors in determining applicants for colleges but cannot be used as the determining factor. Similar to the college application process, the Ohio license process is analogous. PharmaCann argues the race quota is unconstitutional because it is a mandatory percentage and isn’t used as a “plus factor.”

The suit also mentions the legislative history of when the bill was being passed. Rep. Bill Sietz opposed the bill on the grounds that subsection (C) was unconstitutional and unenforceable. He argued that because no discrimination was identified beforehand, there was no need for the race-based remedy with subsection (C) and that this was a quid-pro-quid agreement between Rep. Ramos and minority members to pass the medical marijuana program. PharmaCann also argued that if the list was meant to protect disadvantaged minorities, it was under-inclusive and didn’t include groups such as Vietnam veterans, Appalachian whites, or Hasidic Jews.

The argument for constitutionality

In response to PharmaCann, the Ohio Department of Commerce (ODC) has responded by stating § 3796.09(C) is constitutional because it is meant to help with the racial disparity in entrepreneurship. Historically, minority communities have been disproportionately targeted by law enforcement for cannabis and other drug-related crimes and, as a result, a disproportionate amount of incarcerated offenders are minorities — and minority communities are still affected to this day and deserve some sort of recompense. The provision, according to ODC, is narrowly made and is the least disruptive method for helping minorities achieve representation in Ohio’s medical marijuana program.

ODC also argues that PharmaCann waited over a year to challenge the statute and only did so because it did not win a license. Furthermore, ODC argues there is no constitutional violation because the provision does not discriminate based on race. If there weren’t enough economically disadvantaged applicants, the remaining licenses would go to the rest of the pool of applicants. The provision only requires that 15% go to economically disadvantaged groups when there are enough applicants and doesn’t preclude 85% of the licenses from going to non-minority applicants.

Close-up photograph of an indoor cannabis plant’s large fan leaves. Photo credit: Rory Savatgy

What are the possible outcomes?

PharmaCann has a valid claim that §3796.09(C) is unconstitutional, as the Supreme Court has ruled that mandatory racial quotas are unconstitutional. Here, it seems the mandatory 15% racial quota is exactly what the Supreme Court ruled against.

However, just because there is validity to the claim doesn’t mean the medical marijuana program has to be scrapped. The Ohio legislature could modify the bill in two ways — it could either:

  1. Sever subsection (C) from the bill and remove it entirely, or
  2. Replace the provision with language that doesn’t make the provisions mandatory.

For example, the Ohio legislature could waive certain financial requirements for any applicant who scores high enough to receive a license instead of subsection (C). If the provision is meant to serve economically disadvantaged groups, waiving the financial requirement would be race-neutral and could help economically disadvantaged groups receive licenses while remaining constitutional.

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A large, trimmed cannabis nug lays on its side on top of a flat wooden surface.

Pennsylvania MMJ Board Recommends Allowing Vape-Only Flower Products

Pennsylvania’s medical cannabis advisory board has recommended the program include flower – but the rules would only allow the products to be vaporized, according to a WGAL8 report. The recommendation comes after the state’s currently operating dispensaries have run out of products – liquids, creams, and lotions – allowed under the law.

The board also discussed whether an age limit should be applied to access the state regime but did not offer any recommendations on the topic.

“So, they are taking a look at all the research and the data but understanding how it impacts patients. Ultimately we want to make sure patients have access to medication that’s going to work for them.” – April Hutcheson, director of communications, Pennsylvania Department of Health

The board will vote on the measure during their April 9 session.

Dispensaries are sold out amidst high demand and allowing flower could help prevent droughts. Just one of 12 licensed cannabis wholesalers are delivering products to retailers, while two other cultivator/processors are expected to have their crops processed this month. At least two dispensaries are not expecting to have products back in stock until Mar. 15. Two more dispensaries are expected to come online next week.

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The Albuquerque skyline, photographed at sunset during a purple and blue hued sunset.

Albuquerque, New Mexico City Councilors Introduce Cannabis Decrim. Measure

City Councilors in Albuquerque, New Mexico have introduced a proposal to decriminalize cannabis possession of an ounce or less, the Associated Press reports. The measure would reduce penalties to $25 dollars and no jail time.

Under current laws for the state’s largest city, police can issue $50 fines for first-time cannabis possession of an ounce or less – and authorities have the option to sentence offenders to a maximum of 15 days in jail. Those penalties increase on subsequent violations. Cannabis convictions can also prevent state residents from adopting a child. The AP reports that jailing a first-time offender for slam-time cannabis possession is rare in New Mexico.

A similar measure passed the city council in 2015 but was vetoed by former Mayor Richard Berry, a Republican. The new mayor Tim Keller, is a Democrat; although it’s unclear whether he would sign the measure if it made it to his desk. Councilor Pat Davis indicated that he believes the measure, which also has the support of the Albuquerque police union, would be approved by Keller.

According to the National Organization to Reform Marijuana Laws, a total of 21 states and Washington, D.C. have passed some form of cannabis decriminalization, including outright legalization; although Minnesota, Missouri, North Carolina, and Ohio still classify cannabis charges as misdemeanors, though there is no jail term connected to the convictions.

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The Idaho State Capitol Building in Boise, Idaho.

Idaho CBD Debate Turns into Shouting Match; Senate Stalls Bill Progress

A debate to legalize CBD oil for medical use in Idaho turned into a shouting match behind closed doors, the Associated Press reports, and, in the end, the measure was held in committee, preventing it from moving forward in the chamber.

According to the report, Sen. Tony Potts, a supporter of the measure, asked the Senate Health and Welfare Committee to give the bill a hearing, but the suggestion was soon rejected by Chairman Lee Heider, who asked the committee members to speak with him in his office. Heider denied access to that meeting to the AP – in violation of Idaho‘s open meetings law – and the report indicates that the behind-closed-doors meeting escalated to a shouting match and some of what was said could be heard by reporters.

“The governor’s office doesn’t want this bill, the prosecutors don’t want this bill, the office on drug policy doesn’t want this bill.” – Heider, to colleagues, via the AP

Heider told Potts that his motion was unusual and should not have been made, while other lawmakers defended the legislative action.

The measure has already cleared the House with a veto-proof majority. It’s unlikely the Senate will take any action on the bill this legislative session.

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Wisconsin Hemp Applications Now Open

Wisconsin citizens interested in farming industrial hemp can begin applying to grow the crop under the state’s pilot program unanimously approved by lawmakers in November. Applicants will need to include on the forms their intentions for cultivating the crop.

“We know that many Wisconsin farmers see a great opportunity here,” “As we’ve been telling them all along, they need to remember that this is a research pilot program. Growers really need to know before planting that they have a licensed processor in position to accept their crop. They need to be aware of all the federal, state and local laws that might apply, and they need to talk to their lenders before they order seed.” – Brian Kuhn, director of the Department of Agriculture, Trade and Consumer Protection’s Bureau of Plant Industry, in a press release

Under the law, farmers will pay a one-time licensing fee of $150-$1,000 depending on how many acres the intend to grow, but the initial licenses for processors carry no cost. Renewal fees for cultivators run $350 and $100 for processors. According to the agency, the rules in place are similar to pilot programs in the other 31 states with hemp programs, including capping THC content at 0.3 percent, in line with federal definitions.

Applications are open immediately, the deadline is May 1.

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