Patent Protection for Cannabis Inventions

The industry’s opinion on patenting cannabis inventions is varied. On one hand, people worry that patent trolls will monopolize existing knowledge; on the other hand, the lack of patent protection disincentivises R&D outlays. Regardless of one’s view on the monopolization of innovations in the cannabis industry, the United States Patent and Trademark Office (USPTO) is granting patents with a fervor.

There are three types of patents: (1) utility patents, (2) design patents, and (3) plant patents. All three types of patents have been issued for cannabis-specific inventions.

A cannabis extraction device, pictured inside of the Chalice Farms dispensary in Portland, Oregon. Photo Credit: Amarett Jans

Utility patents

Utility patents make up the substantial majority of all patents, in excess of 90% of the total issued patents each year. These patents cover processes, machines, articles of manufacture, compositions of matter, and improvements thereof. An invention must be useful, novel, and nonobvious. This generally means that the invention cannot be known or an obvious variation of known technology. For instance, one cannot patent a method of extraction that is already known in the industry.

The most often discussed utility patent is Cannabinoids as Antioxidants and Neuroprotectants, a patent issued to the U.S. Department of Health and Human Services for the medical benefits of CBD in 2003. This has created a painful hypocrisy with the DEA stating there is no medical use for cannabis while the federal government holds a patent on the medical benefits of cannabis. Other types of utility patents in cannabis include vaporizers (U.S. Patent 9,220,294), topicals (U.S. Patent 8,425,954), grow methods (U.S. Patent 9,095,554), and extraction methods (U.S. Patent 6,365,416). There is even a recent filing from Apple (the computer maker) for a sublimating vaporizer (Pub. No. 2017/0023235).

Design patents

Design patents comprise the industrial design of a useful object. Design patents tend to cover bong and vaporizer designs. The protection of design patents are very narrow and do cover the useful aspects of the invention. Consequently, a design patent on a glass bubbler will protect its design, but not the functional components like the carb and bowl.

A cannabis worker in Washington state pours recently-cooked concentrate onto wax paper for drying. Photo Credit: Sarah Climaco

Plant patents

Plant patents cover asexual reproduction of non-tuber plants. There is only one issue plant patent on cannabis thus far. Steven Kubby is the inventor of a Cannabis Plant named ‘Ecuadorian Sativa’ (US PP27,475). It is a sativa-indica hybrid, and this blew open the door on future plant patents. There is considerable debate regarding its enforceability and effect on our industry moving forward.

A secondary method of protecting plants is the Plant Protection Variety Act (PVPA), created by the Department of Agriculture, which protects sexually reproduced plants. Registration requires 3,000 seeds with an 85% germination rate to be deposited into a federal seed bank. Cannabis seeds have not yet been accepted under the PVPA.

There are currently 3,000 issued patents involving cannabis with an additional 4,000 pending patent applications.

While one’s sentiment on patenting innovations in the cannabis industry may bring thoughts of dread, ignoring patent protection is actually forgoing a competitive advantage. To do so would be a bad business decision.

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Leave Grandma’s MMJ Alone, California Sen. Harris Tells Jeff Sessions

Sen. Kamala Harris, a Democrat from California, denounced on Tuesday a recent order by Attorney General Jeff Sessions to recommence Drug War-era enforcement of federal drug laws, the Sacramento Bee reports.

“Let me tell you what California needs, Jeff Sessions,” Harris said during a speech at the Center for American Progress Ideas Conference in Washington. “We need support in dealing with transnational criminal organizations and dealing with human trafficking – not in going after grandma’s medicinal marijuana.”

Harris was reacting in particular to a memo from AG Sessions that surfaced last week, in which the country’s top cop called for prosecutors to “charge and pursue the most serious, readily provable offense” — which, despite a growing consensus among Americans that the Drug War has been majorly disastrous, may lead to an uptick in mandatory minimum life sentences, even for nonviolent drug offenders.

Before being elected as a U.S. Senator by California voters in the 2016 election, Harris had been serving as the state’s attorney general, during her time as which she made prison sentencing reform one of California’s top priorities.

Harris also announced her support for nationwide reforms on Tuesday, saying that decriminalization is the “smart … and right thing” to do.

“We need a national drug policy that finally treats substance abuse not as a crime to be punished but as a disease to be treated,” she said.

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RSVP Now for Cova Software Launch Party, Coinciding with NCIA Summit & Expo

It’s an exciting time to be a cannabis business owner. As the industry develops, so has the demand for exciting technological advances that will simplify the job of licensed retailers and simultaneously improve the cannabis customer experience.

Enter Cova, a new cannabis industry technology group who is fully poised for an official launch party coinciding with the NCIA Cannabis Business Summit & Expo 2017 — which is coming to Oakland, California on June 12-14.

Cova Software
Cova: a software platform for cannabis dispensaries.

After years of research and months of collaboration with dispensary owners and other industry professionals, Cova’s unique software/technology suite aims to upend cannabis customer interactions in retail settings with exciting new approaches to point of sale software, dispensary signage, and digital menu options.

Cova will be joining more than 250 cannabis industry exhibitors at this year’s NCIA Business Summit. So, if you are attending the NCIA Business Summit in June, stop by and say hello at booth #1015 and — most importantly — make sure you RSVP in advance for the official Cova launch party.

If you haven’t yet signed up for the Summit and are the owner of a cannabis dispensary or infused product manufacturing company, Cova can secure you a special rate of just $150 (more than 80% savings over the regular $895 ticket price) when you RSVP!

If you’re definitely unable to attend this June in Oakland, consider this your friendly heads up about Cova: the new, game-changing cannabis customer experience coming to a dispensary near you.

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Washington Opens Door to Organic Certification for Cannabis Farms

Washington’s Gov. Jay Inslee signed a bill on Tuesday that opens the door to organic certification for cannabis products in Washington state, according to a Reuters report.

Experts believe it will be the first legal avenue for organic certification of cannabis products in the U.S., as the term “organic” must typically go through the USDA — a federal agency that, due to the plant’s ongoing federal prohibition, is unable to recognize cannabis growers as legitimate business owners.

Republican Sen. Ann Rivers, who sponsored S.B. 5131, called the move “consumer-driven.”

“As we have moved forward in the legal marijuana market, we’re hearing people say, ‘We don’t want any pesticides, fungicides, none of that stuff in our weed,'” Rivers said.

The actual certification process for organic cannabis in the state will be left for Washington’s Department of Agriculture to determine; but, according to Rivers, the “heavy lifting” of the state’s program will be covered by following the USDA’s official rules for organic labeling.

The bill contains several more provisions related to cannabis and was known as the “cannabis omnibus bill” in some media reports. Additional provisions include one allowing cannabis to be shared among consumers, another directing the Liquor and Cannabis Board to investigate potentially allowing homegrown cannabis, and yet another for an investigation into the prospects of farming industrial hemp (which remains illegal in Washington state despite its adult-use cannabis regime).

Washington is one of now eight U.S. states that have voted to legalize marijuana, though it is the only state to have done so without allowing adults to grow their own cannabis plants.

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Study: Cannabis Could Help Wean Crack Addicts

Researchers at Canada’s BC Centre on Substance Use have found that using cannabis might help wean people off of crack cocaine, according to a Globe and Mail report. Scientists tracked 122 people who used crack over a three-year period and found that they used the drug less frequently when they also consumed cannabis.

M.J. Milloy, an infectious-disease epidemiologist and senior author of the paper, said that while the small study suggests that cannabinoids “might play a role in reducing the harms for crack use for some people,” the “next test” is “to what extent and for who?”

“We’re not saying that these results mean everyone will be able to smoke a joint and forget the fact that they are dependent on crack,” he said in the report.

A much smaller study in Brazil published in the Journal of Psychoactive Drugs in 1999 found that 17 of the 25 test subjects ceased using crack “and reported that the use of cannabis had reduced their craving symptoms, and produced subjective and concrete changes in their behavior, helping them to overcome crack addiction.”

“Crack has not gone away and we have described in previous research how people using crack in a frequent high-intensity manner suffer from not only dependence, but other risks, in particular, HIV and hep C acquisition,” Milloy said.

The study is published in the journal Addictive Behaviors.

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Creating Distinctive, Quality-Focused, Safe Packaging for Cannabis

With a growing number of states now choosing legalization, the recreational and medical cannabis markets are in a meteoric growth phase. Demand for cannabis is at an all-time high, but growers and extractors are dealing with a unique set of challenges in bringing new products to market. With state regulations constantly expanding and evolving, packaging codes can differ from state to state, making things very confusing. Beyond the regulatory challenges, traditional and online marketing programs are approached with great caution by ganjapreneurs, as federal law still prohibits the growing, using, and selling of cannabis products.

The heightened role of packaging

While established industries such as spirits, cosmetics, and nutraceuticals use extensive marketing, advertising, fancy websites and key sponsorships to sell their products, the cannabis market is still young and many entrepreneurs are unprepared to invest at that scale. Moreover, regulatory concerns mean that growers and extractors must proceed carefully with the marketing and advertising of their brand. Without these expensive and far-reaching tools, companies must find unique ways to launch their brand, build a customer base, and meet packaging requirements such as child-resistance and labeling.

The role of packaging is huge as it needs to do a lot of things, including position the brand, demonstrate safety, distinguish product lines, and attract both the savvy and first-time user — who will be inundated with choices of flavors, strains, potency, and quality. With new brands and products hitting the market, the demand for distinctive, safe and compelling packaging from experienced packaging vendors is enormous while the availability of good options is limited.

Changing perceptions about cannabis products

As the country’s view of marijuana use relaxes, product packaging is playing a central role in shaping the way consumers and governments perceive the legitimacy and safety of cannabis products. Cannabis packaging is evolving at light speed from plastic baggies/jars to highly sophisticated and certified child-resistant designs that rival those used in traditional consumer products. Changing perceptions also means using packaging to educate and strongly position the product to command different price points. Customers are far more likely to believe in the quality and safety of a cannabis product if it is well packaged as opposed to using bags/jars only. A consumer’s decision to buy is driven by great packaging and it’s precisely why a cosmetic customer might pay $100+ for a lavish carton with a small tube of anti-aging cream — perceived value!

Outer packaging is one of the most important factors in a go-to-market strategy. While the market share map is still forming, it is imperative that companies in the cannabis industry gain and keep early market share. A great deal of thought and research should go into determining a comprehensive packaging strategy that is effective in creating a first and lasting connection with the target audience.

Cannabis packaging should be tasteful and unique, but responsibly functional above all else.

Edibles and safe packaging

Edibles come in a wide array of shapes, sizes, and flavors — from mints, chocolate bars, gummy bears, to infused drinks and every delivery vehicle in between. Edibles pose special challenges to manufacturers as there are state regulations for packaging to protect children and prevent them from consuming the THC-infused versions of their favorite treats/snacks. Long before a new cannabis edible product is launched, the primary or secondary package may need to be CRC (child-resistant-certified). In some states, CRC may not be the only requirement. Additional requirements may include non-see through (opaque) cartons and re-closable designs for multi-serving cannabis products.

Navigating these requirements and translating them into packaging solutions that are safe, yet true to their brand, is something cannabis companies need and the easiest solution is often to seek out experienced packaging suppliers who can help them.

Speed-to-market

Product is ready to launch, but packaging isn’t? Or has your packaging arrived and it looks far different than envisioned?

When bringing a new product to market, speed is of the essence. This is when market experience and the technology used by packaging manufacturers will come into play in a big way. Slow development, poor quality, reworks, and long lead times are just a few spoilers to success and ROI. These common pitfalls can be avoided when partnering with a packaging supplier who is turnkey, has streamlined development, and can execute a packaging vision with speed-to-market.

A final word

Packaging plays a critical role in any industry. For the cannabis industry, packaging means more than just a pretty outside. It can greatly differentiate and establish a brand on the market and solidify its market share. Moreover, packaging is central to meeting regulatory demands for safety and quality.

With so many changes going on in the industry, cannabis entrepreneurs should seek out experienced packaging suppliers to help them hit the market and establish their brands for the future.

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A small hemp plant that only recently sprouted from the soil.

North Carolina Farmers Begin Planting Pilot Hemp Crops

The North Carolina Hemp Commission has received an opinion from the state attorney general’s office to allow them to license farmers who want to obtain industrial hemp seeds from another state, according to a report from Southeast Farm Press. The memo allows farmers approved under the state’s pilot program to source domestic seed for their first crops.

Sandy Stewart, vice chairman of the Hemp Commission and director of the Department of Agriculture and Consumer Services Research Stations Division, indicated farmers would begin planting their first crops sometime this month. Farmers who participate in the program must work with either North Carolina State University or North Carolina Agricultural and Technical State University to meet eleven research objectives outlined by the state statute.

“Every farmer who grows hemp needs to address one or more of those objectives and turn over the information to the universities at the end of the year,” Stewart said in the report. “We’re doing this so we can learn more about the crop.”

Hertford cultivator White Hat Seed Farm has already obtained seeds from Kentucky and hopes to sell seed from their pilot crop to other North Carolina farmers working with the program next year. White Hat is growing 40 acres of the certified Italian variety Carmagnola Selezionata.

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Commercial grade cannabis plants inside of a licensed, indoor grow operation.

Alaskan Cannabis Cultivators Denied State Services from Some Federally-Funded Agencies

Alaska’s Division of Agriculture has put at least two applications from cannabis cultivators seeking to have their products tagged with an “Alaska Grown” label on hold because they don’t want to jeopardize their federal dollars, the Alaska Dispatch News reports. The Alaska Marijuana Industry Association called it “simply arbitrary that some programs are singled out and withheld from licensed marijuana establishments.”

“It is unconscionable that the state would license and tax establishments and not grant them full access to services in Alaska,” the association said in a statement.

Johanna Herron, market access and food safety manager for the Division of Agriculture, said that the department has reached out to the U.S. Department of Agriculture for clarification on the issue.

Cannabis industry operators are also banned from posting on the state-run job site, Alexsys, which is fully funded with monies from the U.S. Department of Labor. James Harvey, assistant director to the Division of Employment and Training Services, said the funding would be at risk if they allowed cannabis businesses to use the site. Harvey indicated he has reached out to the Department of Labor for clarification and they directed him to federal drug control policy.

Other agencies in Alaska that receive federal dollars have developed their own approaches. The Alaska Marine Highway System, which oversees the state ferry system, will not report anyone to the authorities caught on board a vessel with less than an ounce. The state Department of Environmental Conservation is hoping to work with the industry to get them under compliance with federal pesticide-use policies, going so far as to set up a booth at the upcoming Cannabis Classic, a cannabis industry trade show in Anchorage.

Some cannabis operators in Alaska have been given the blessing by local authorities to carry cannabis with them on airplanes. The TSA, a federal agency, is directed to call local authorities if they discover a passenger with cannabis; however local authorities have so far allowed cultivators to fly with their products so long as they have the proper paperwork.

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The Connecticut Capitol Building during a pink-toned sunset.

Connecticut Dems Add Cannabis Revenue to Budget Proposal to Keep Issue Alive

Democratic lawmakers in Connecticut have included funds from a theoretical recreational cannabis program in their budget recommendation in an effort to spur conversation about legalization and how the industry could help balance the budget, according to a Hartford Courant report. The state’s nonpartisan Office of Fiscal Analysis found that a legal model similar to Colorado would be worth about $64 million in state tax dollars its first full year, while a program more similar to Massachusetts would generate more than $30 million in year one.

The agency reported that the costs to implement a Massachusetts-like model would run the state $4.2 million, while a Colorado model would cost $9 million.

In March, the General Assembly Public Health Committee debated a legalization bill but did not vote on the measure by its deadline. The Judiciary Committee also failed to put the matter to a vote.

Cannabis does have some high-powered proponents in the General Assembly, including Rep. Melissa Ziobron, the ranking House Republican on the budget-writing committee, and Senate President Pro Tem Martin M. Looney, a Democrat. House Democrats would likely need some support from their Republican colleagues if the bill were to make it to a floor vote because they do not have enough votes in their 79-member caucus to pass the measure – which would need 76 votes in the 151-member chamber.

Gov. Dan Malloy also stands in the way – he has called cannabis industry dollars “blood money” and would probably veto any legalization measures. The Democrat proposal will not be included in any budget bills voted on by the General Assembly.

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The green canopy of a legal, commercial cannabis grow operation in Washington state.

Cannabis Distribution in California: To Follow ‘Big Alcohol’ or Not?

States with recreational cannabis have seen an uplift in craft experiences and microbreweries; from beer to coffee, organically produced products are becoming more popular as consumers become more conscious of the implications of their purchases. It’s no wonder that the cannabis industry is paving the way for curated experiences, ranging from carefully rolled and infused pre-rolls to artisanal confections. We’re even seeing infusions of cannabis in consumption formats other than smoking and edibles, such as coffee products that deliver new and unique caffeinated experiences. This enables consumers to embrace cannabis with an experience-first mentality, eclipsing the desire to seek only a particular strain.

California’s craft beer industry is worth nearly $7B and its three-tiered system could serve as a model for the cannabis industry to follow — but only if the smaller guys can distribute while preserving the experience they are meticulously crafting. If cannabis is forced to pass through third-party distributors, some argue, they will drown amidst the noise and contribute to monopolies where only a few bigger guys win. Countering this argument are the Teamsters, who posit that allowing businesses to hold multiple license types and self-distribute leads to vertically integrated oligopolies where a few players will become large enough to dominate the market.

The MCRSA — or Medical Cannabis Regulation and Safety Act, passed in September 2015 — requires all cannabis to pass through distributors who are responsible for getting batches tested and getting them from manufacturer to processor and/or to the retail/delivery customers. The advent of the Adult Use of Marijuana Act, which was passed by voters in November 2016 and handles the legalization of recreational cannabis in California, has created diverging supply chain dynamics and led to a debate over distribution — as AUMA or Prop 64 doesn’t require cannabis to pass through distributors.

Amidst the controversy, Gov. Jerry Brown revealed a set of proposals to reconcile differences between the medical and recreational regulations, thus simplifying the way California would operate and reduce costs. According to AUMA, a business is not restricted on how many licenses it can hold, apart from testing facilities which need to operate independently. According to Gov. Brown, restrictions on vertical integration create limitations on business model innovation and do not lead to consumer safety.

Nearly harvest-able cannabis plants inside of an adult-use, commercial grade grow operation in Washington state. California will be switching to an adult-use regime soon. Photo Credit: Rory Savatgy

One of the key reasons businesses wish to self-distribute is because their brand’s reputation depends on it. In addition to producing a product with consistency in taste and potency, delivering on time and consistently is a key factor that separates good brands and distributors from their inconsistent counterparts. Many in the industry wonder if brand values will be upheld by distributors who would be interfacing with dispensaries and representing the brands they are carrying.

The three-tiered system in the alcohol industry was implemented to stop Big Alcohol from consolidating power, but these reasons are slowly becoming antiquated. The original intent of implementing this three-tiered system was to cure one of the problems that ultimately led to alcohol prohibition: producers who sold directly to retailers placed pressure on retailers to increase their sales of alcohol, thus encouraging over-consumption by consumers. By adding a distributor as a middleman between the producer and retailer, producers no longer had the power to pressure retailers and thus the system was seen as a better solution for public health.

According to the latest MCRSA update, distributors may take possession of flower/trim from cultivators to then sell to manufacturers or even contract with them for manufacturing of the harvest. Distributors will also be allowed to re-package dried flower but not manufactured goods. Distributors will be able to sell to other distributors and most importantly to dispensaries, after getting the product tested. The regulations also cover a vast array of topics ranging from storage to the destruction of failed batches to inventory reconciliation requirements and, lastly, transportation — which will require a separate license altogether.

This doesn’t mean, however, that producers CANNOT enter into contractual agreements with buyers outside of their relationship with distributors, even though distributors can take a cut for their services. Producers will have the freedom to set pricing and payment terms for their product. Note, however, that consignment will no longer be allowed, so distributors will not be allowed to hold title to the products after they have been delivered to the retail customer, thus cannot be following up for payments.

A cannabis worker inspects freshly trimmed product before it’s packaged and shipped off to retailers. Photo Credit: Sarah Climaco

These updates come at a time when agencies are opening up the floor to all public comments as they prepare to craft the final licensing requirements. State licenses are expected to be available January 1, 2018 and will require applicants to have obtained a local license prior to receiving state approval. Some legislators have expressed concerns about potential delays in the regulatory development process, including North Coast State Senator Mike McGuire. All commercial cannabis businesses, whether medical or recreational, will require operators to have both local and state approval to legally operate, as established by both the Medical Cannabis Safety and Regulation Act passed in 2015, and the Adult Use of Marijuana Act (Prop 64), approved by voters in 2016. The state has also set up a new online Cannabis Portal to centralize information about the new rules.

Regardless of how you spin it, third-party distribution has its pitfalls, according to several industry execs. If you look at Big Alcohol, you will see that large booze brands dominate the market. This is because distributors get paid by volume and will focus on selling bigger brands over new brands as it will take the same amount of time to get a big brand into hundreds of stores as it will to get new brands into only a few stores. Even though the threat of vertical integration looms, the idea of expecting third party companies to understand the nuances of California’s cannabis climate may create problems than it will create good, and could lead to overregulation.

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Cannabis businesses are still denied basic business tax deductions under IRS code 280E.

Cannabis Dispensaries Fight Back Against Section 280E

In a recent Federal District Court decision, Alpenglow Botanicals, LLC — a Colorado cannabis dispensary — protested the IRS’ disallowance of their business expenses under the oppressive Section 280E, which denies ordinary and necessary business expenses for operators in the cannabis industry.

The IRS had asserted that Alpenglow Botanicals owed additional taxes. The dispensary paid the taxes in question and then sued for a refund in federal court. In a motion for summary judgment, the taxpayer stated that the IRS did not have the authority to investigate whether the taxpayer violated the Controlled Substance Act (CSA), that Section 280E violated the Sixteenth Amendment, that the taxpayer had properly deducted their expenses, and that the IRS did not produce evidence that Section 280E applied to the taxpayer. The dispensary also stated that the application of 280E violated the taxpayer’s Fifth Amendment rights, as well as its Eighth Amendment rights — which should protect against excessive fines and fees.

The Court denied all requests.

In another recent case, a different Colorado company — also alleged by the IRS to be a cannabis dispensary — attempted to make the same arguments while filing a similar lawsuit.

In this case, the District Court ruled that:

  • the IRS’ application of Section 280E to a business it determined was selling marijuana was within its authority to apply the Internal Revenue Code;
  • the IRS’ application of Section 280E was a “purely tax-based determination” that did not violate the taxpayer’s Fifth Amendment rights;
  • the taxpayer did not allege that the IRS disallowed costs other than cost of goods sold and therefore the court could not determine that the Sixteenth Amendment was not violated;
  • the taxpayer did not allege enough facts for the court to determine whether Section 280E is an excessive fine and penalty in violation of the Eighth Amendment; and
  • the taxpayer did not allege any facts to show that the IRS lacked evidence to show that the taxpayer was violating the CSA.

The taxpayer has filed a motion for reconsideration and an amended complaint to add allegations necessary to support their claims, so the case may move forward based on those new allegations. However, the taxpayer’s attempt to stop the IRS from enforcing Section 280E was ultimately unsuccessful under the facts of this case.

Interestingly, as this case moves forward, a slew of cannabis-related bills are making their way through Congress, including:

  • Better Drive Act
  • Small Business Tax Equity Act (bicameral)
  • Marijuana Revenue and Regulation Act (bicameral)
  • The Veterans Equal Access Act
  • Regulate Marijuana Like Alcohol Act
  • Ending Federal Marijuana Prohibition Act of 2017
  • Respect State Marijuana Laws Act of 2017
  • LUMMA (Legitimate Use of Medicinal Marijuana Act)
  • Compassionate Access Act
  • States’ Medical Marijuana Property Rights Act

Hopefully, Section 280E will soon become a thing of the past.

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Shaping Fire: Ben Cassiday, Putting Terpenes to Work For You

Ben Cassiday is the co-founder of True Terpenes, a company that extracts and distills naturally occurring terpenes harvested from a variety of organically grown plants.

In this episode of the Shaping Fire podcast hosted by Shango Los, Ben and Shango discuss the many commercial applications of raw terpenes, how terpene extracts are affecting the cannabis industry on a wide scale, and where commercial-grade terpenes usually come from. The two also discuss specific plants that share similar terpene profiles with cannabis, as well as the personal, consumer-level use of terpenes — including their role in aromatherapy and how beginners to the subject can experience this unique and uplifting boost to one’s quality of life — and much, much more!

Listen to the interview below, or continue scrolling down to read along with a full transcript of the episode.


Listen to the podcast:


Read the transcript:

Shango Los: Cannabis smells really good. Most of us buy cannabis based on its smell. We unscrew the jar, stick our nose in there and take a mighty whiff. It’s your body that tells you if you want that strain or not.

I’m Shango Los, founder of the Ganjapreneur podcast. I’m now host of the Shaping Fire podcast, and my friends at Ganjapreneur.com invited me to share with you this special episode of Shaping Fire. I hope you enjoy it. If you do, I invite you to find more episodes at shapingfire.com.

During Shaping Fire episode 11, we spent a lot of time talking about cannabis terpenes with world-famous neurologist and cannabis researcher, Dr. Ethan Russo. He explained how THC, CBD and the other cannabinoids work in cooperation with the terpenes in the plant in what’s called the Entourage Effect. The terpenes are the plant’s aromatics. They are why cannabis smells so good, whether it’s pine, chocolate, citrus or skunk or any of the other aromas of cannabis. One of the essential aspects of healing with cannabis simply is its smell.

If you enjoy hearing frank discussions that dive deep into cannabis health, business and technique, I encourage you to subscribe to our newsletter. Every week you’ll receive a new podcast episode delivered right to your inbox along with commentary on a couple of the most important news items from the week. Social media sites are becoming very unreliable in showing folks every post they want to see, so sign up for the Shaping Fire newsletter to make sure you don’t miss an episode.

My guest today is Ben Cassiday, cofounder of True Terpenes. We’re going to talk to Ben about cannabis aromatics and aroma therapy, how terpenes are isolated for sale and how you can use terpenes even without cannabis for everyday healing and quality of life. Welcome to the show, Ben.

Ben Cassiday: Hey, Thanks for having me on. It’s a real honor.

Shango Los: Let’s get right to it and talk about where terpenes come from. I mean, we know where they come from in nature, but how are isolated terpenes extracted or manufactured?

Ben Cassiday: One of my favorite things about that question, and I think it’s probably … Once somebody gets over the idea or starts to understand what is a terpene and then they’re immediately like, “Well, how do you get them?” It’s one of the ones that I get asked the most.

What I like to initially say to people, “You’re actually, probably a lot more familiar with isolated terpenes than you think.” Let’s just start with saying that terpenes are separated from plant material typically through two different methods, one of them is vacuumed distillation and one of them is steamed distillation. Sometimes you can use steam distillation in a vacuum distillation setup.

Just to give a rough preliminary description of vacuum distillation, it’s where we’re removing the atmosphere. A lot of people are starting to see these fancy glassware setups for short path distillation and other kind of high-level extractions within the cannabis industry. Just know that the actual purpose for these distillation setups has been more tailored towards the essential oil industries for a long time. So, we’re using the same technology that’s been around for a while to isolate terpenes with vacuum, which means like I said, we remove the atmosphere. When you remove the atmosphere, you’re basically making it easier for things to boil off. They don’t have to fight the vapor pressure for them to become active in an environment. Vacuum distillation is great because it allows you to use a very little amount of energy and a little amount of heat, which means the molecule doesn’t get distorted or destroyed. Steamed distillation is a little bit more widely used, but it allows some of the molecules, some of the terpenes to change in state. They’re not necessarily just like they were in the plant.

So, there’s positives … Steamed distillation allows for a larger batch sizes and a little bit less sophistication when it comes to equipment. Vacuum distillation allows for very, very precise and gentle extraction practices. Really, it’s a process of taking raw plant material, turning it into an essential oil and then taking that essential oil and slowly boiling all of the individual components out of it.

Shango Los: One thing I’m not hearing any of that is any chemicals, so it sounds like the two processes you’ve described so far are actually pretty clean.

Ben Cassiday: That is correct. There’s different industrial applications or distillation procedures that somebody might take plant material and they might use a solvent. Under vacuum distillation or steam distillation, but in this case when we’re working with food grade and sometimes above that grade, chemicals that people are going to be ingesting or using in fragrances and other kind of related fields, it’s always been a really important thing in our line of work, personally with our company, to make sure that there hasn’t been any solvents used in the process.

Shango Los: Right on. That’s a good example. I want to talk briefly about the bad example. A couple of weeks ago we had Dr. Ethan Russo on the show talking about terpenes and cannabinoids in general, and he surprised me. He said that some terpenes are derived by … they’re coming from petroleum refinement and it’s a byproduct of that, tell me about that. I don’t really know what they would do so give me a little background.

Ben Cassiday: Actually after listening to that episode when it went live, which I just have to say is maybe one of my favorite podcasts of all time not just because I’m on your show at this moment, but really it just went in depth. I loved it. It inspired me to look a little bit more into because I had a few ideas but I wasn’t really sure.

A lot of people are starting to hear at this point, especially when I go out and speak to people, people have heard cannabis might have 200 terpenes and that there’s 30,000 or 40,000 in nature, and so it’s a very diverse class of chemicals. To say that something is a terpene doesn’t necessarily … It’s not some a small class of chemicals. You’re not going to necessarily find the same terpenes in cannabis that people are going to be getting from these industrial sources of petroleum.

When I looked into it, what I was able to find is people are distilling in an industry … not really people, but industry has been distilling petroleum for things like mineral spirits, kerosene, naphtha and they … As far as being a hydrocarbon molecule, they’re very similar. So, I think for my best guess, without having reached out to Dr. Russo to confirm based on what he was saying, I think that we can assume that any carbon-based organic substance that is made of isoprene, which is the building block terpenes, can be considered a terpene.

I think it’s just such a wide diverse class of chemicals that, yes, in fact, many of them can be derived from all sorts organic materials and a lot of times we don’t really think of mineral spirits or kerosene, gasoline. It seems so chemical in nature, it doesn’t really seem like it’s an organic product, but it really is. It’s derived from crude oil in and through distillation process, cleaned up. That is my best guess at this point as to … without being able to speak with him directly.

Shango Los: Right on. That makes sense. So, it’s not that we’re getting d-limonene from citrus fruit and also from petroleum. It’s a specific set of uncommon terpenes that we would get from petroleum production.

Ben Cassiday: I believe … and maybe, I would even say those might be some of the most prevalent terpenes on the planet just because of how much crude oil is actually distilled and then the number of uses for kerosene and naphtha and other kind solvents of that nature. But, yeah, as far as the ones that we’re all, and at least in this community, quite interested in, from my knowledge so far I don’t think you really need to be concerned that it came out of gasoline or crude oil producing gasoline for your like your alpha-pinene, or your myrcene, or linalool.

Shango Los: Right on. Cool. That makes a good point. So, even though they are truly trashy terpenes, they’re not really the one that we work with in our sphere, and so let’s focus on ours. Let’s talk about the grades of terpenes because one thing I have certainly read people fighting about, quality of terpenes on Facebook and different forums, and we all know how ugly and inaccurate a lot of those debates are, so let’s go through a couple of different standards that can be used to grade a terpene. I know a lot of folks who are selling terpenes, they really push that they are organic and food grade, what does that mean to me as a purchaser, as a consumer of terpenes?

Ben Cassiday: Good question. As far as food grade goes that really just means that the Food and Drug Administration has placed this substance on the approved food additives list.

Our company really focuses on only selling terpenes that are found within cannabis. It just so happens that we haven’t ran into a terpene that was found in cannabis that also was not found on the Food and Drug Administration’s list of approved sources. In that case, all of the terpenes that we’re working with are food grade, GRAS, a lot … Some people might not know GRAS stands are Generally Recognized As Safe that means for human consumption. It doesn’t mean that it’s free range and you can just bathe in this stuff. It just means that under the right circumstances with proper product formulation that this can be used in a cosmetic product, or a nutraceutical product, or a food product.

Shango Los: Right on. That makes sense. Then, the organic part, that probably refers to whatever your source plant material was raised without pesticides?

Ben Cassiday: It definitely does if it’s got a third-party certification on it for being organic. But I actually have the statement pulled up here, it’s an FDA statement and, basically terpenes are by definition an organic molecule. They contain carbon. They don’t exist outside of being organic. So, the FDA actually allows all terpenes that are not synthetically derived to be listed as an organic substance because in isolation they, again, it’s a carbon containing molecule, it is organic-

Shango Los: I see. That’s like those of us who are nerds for organic food. We would call a little-o organic meaning … Yeah, it’s about it being a natural source not necessarily whether or not it uses pesticides.

Ben Cassiday: Right. Which brings me to the point that I usually bring around with that, which is what’s most important, I think, with terpenes is looking at what else is in the solution? It’s very difficult, almost impossible to get a 100% terpene solution or even a 99.9% in most of them. It’s just very difficult to do. So, you need to really look at what is in that other percentage and that really becomes what’s important.

A lot of the terpenes are very similar by chemical nature. They have almost the exact molecular weight of one another, under the right circumstances within the plant and outside of the plant, they can actually turn from one to another, so it’s very easy for limonene, alpha-pinene, myrcene, for instance, to phase shift between each other given their environment. You might have a bottle of 99.9% limonene, it doesn’t mean that it’s contaminated with something. It really might mean that that final fraction in there was some myrcene and alpha-pinene that just could not be separated. That’s what I like to always bring it back around is to is as far as these terpenes go, a terpene is organic but the package that it comes in and the other substances in the solution is what we really need to look at.

Shango Los: Right on. That make sense. In this industry, do we really care whether or not the original plant was grown GMO or not? Is that something that we want to be aware of when we’re making purchases?

Ben Cassiday: I think you have such a diverse crowd of people that are consuming, I think it’s important to make sure that people are aware beforehand that it came from … whatever they’re consuming came from non-GMO.

Myself, personally, I come from the camp that I think that we should investigate GMO. I don’t think that it’s something to be shunned, but I also think that everyone should be notified of what they’re consuming and people should have the ability to opt out if they’re not interested. I think that if that applies to food then I think it applies to cannabis as well.

Shango Los: Right on. That’s a good point. That brings us up to what is probably the most discussed and possibly controversial part of what is and is not a terpene because terpenes got really hot and interesting in being able to extract cannabis profiles.

The first time I saw this being done was at the Emerald Cup in … Let’s see, that would have been 2015, Emerald Cup. Tony Verzura from a United Cannabis had all these people around him and he was taking what they know … folks were bringing him up, what was otherwise, mediocre slabs of shatter, and he was taking cannabis profiled terpenes and painting the dab oil and then the folks would go and dab and they’re like, “Oh, this is the best Gorilla Glue I’ve ever had!” They were adding terpenes after the fact, and people were going bananas. It was quite impressive to see everyone’s excitement about taking mediocre cannabis product and supercharging it with a terpene profile.

After I got into that I realized how controversial it was about whether or not different cannabis companies were either, A, taking actual cannabis flowers and distilling from that to get the actual terpenes that was in a batch of flower or, B, doing research to find out what terpenes were in, say for example gorilla glue, and then hand blending food grade terpenes to emulate what the terpene profile would have been if you would have taken them directly out of the flower. Man, people will fight all day long on social media about that. Why don’t you break it down for us, the differences between those two approaches?

Ben Cassiday: Absolutely. I think I first would just start by saying my same opinion about the GMO substance applies to this as well. I think that isolated terpenes, we don’t have the entire catalog of 200 available to us at this point, and there’s a couple of different reasons for that. Some of them are incredibly difficult to have in isolation, and that’s because they might have a boiling point around room temperature of 80° or so, which is why when you’re in a hot grow room it really just smells something special and you’re never really going to be able to re-create that or fully capture it with the final product. Live resins and other extractions are doing a pretty good job of capturing as much terpene as possible, but at the end of the day, there are some of these compounds that are not easily isolated. What that leads to is the terpenes that we actually have at our disposal, so add back are primarily the heaviest, most stable molecules, the mono and sesqui-terpenes.

If you were imagining you … let’s say, you started with a gorilla glue forge, just to follow your example, and you took that into the testing lab that we prefer to use this time, SC labs, and they gave you the terpene analysis back, which at this point they count for 34 of them, you would have … that’s going to tell you the natural ratio that the terpenes, that they are able to test for, are found in that plant.

Then, there’s one other special number on that page, and it’s the total content by volume. You’re going to see all these different ratios and it’s 34 of them, you’ll see alpha-pinene at 3% and beta-pinene at 2%, so it’s going to be listed out in either percentages or by milligrams per gram. Then, at the bottom is going to say, “But the total content of that entire gram was 4%,” or 7%, or something along those lines. It’s going to vary depending on if it was a flower sample and if it was grown indoor or outdoor or if it was a concentrate and how it was extracted.

So, what’s really important to look at it is, if you’re looking to emulate cannabis naturally you’re going to want to only add back those mono and sesqui-terpenes, let’s just keep it easy, say there’s 34 terpenes, you’re going to want to look at what does the plant naturally produce at its best case scenario, fresh off the plant before any sort of degradation has happened or mishandling, and then try to emulate that. Not just slopping it on and assuming that more is going to be better but really, precisely maybe even take … measuring the … again, we’ll follow your example, so we’ll say a slab of concentrate, running a terpene test on that and seeing where it is right now, currently as a blank canvas without any additives to it. Then, let’s say you get a A+ top shelf concentrate that you really admire from another source, somebody else did some live resin and you have some standard BHO, you could look at the terpene content of that live resin and compare it to the terpene content of your BHO and you could spike all of the individual mono and sesqui-terpenes to make it more like the A+ medicine.

I think that’s best case scenario, what you saw Tony doing, was because he because the product he was working with is supposedly cannabis derived terpenes, it’s taking those natural ratios in the proper dilution and adding it back. Nature already did all the heavy lifting with that. I really am a fan of those sorts of products. I think that the only reason that I’m in the business that I am right now is because they’re very cost prohibitive. They’re about 15 to 20 times more by the time you get to the consumer level of somebody buying a milliliter next to a milliliter, cannabis derived versus isolated plant derived terpenes. There are also little bit less shelf-stable and a little bit more inconsistent as well. Somebody has to continue to grow that crop of cannabis under the same conditions to produce the same flower to then be distilled under the same … It’s a lot of new tech coming into play, and people haven’t been isolating terpenes for a long time and it’s a little bit of a … not as much available as far as source material. You can only grow so many plants, most places in this world and then you have to decide what to you’re going to do with those. I’m just not convinced personally that distilling cannabis derived terpenes out of that is maybe necessarily the best use for really good cannabis.

I think, as … to get back to comparing apples to apples, I think limonene from an orange and limonene from cannabis, they’re chemically identical, and this is true of all terpenes. The other ones that I think people might be familiar with are linalool from lavender and myrcene from hops. But what I think ultimately it comes down to is the importance of purity in relation to contaminants. If you have five milliliters of limonene, you want that to be as close to as possible to pure limonene. If you’re dealing with a distillation like what we work in, achieving those super high percentage purities is one thing, we shoot to have everything above 96%, but then the other side of that coin is making sure that the other 4% that’s remaining is not pesticides, solvents or other degraded organic material.

One thing that a lot of people might not be familiar to hearing is that if chemicals like acetone or a couple of other known solvents are actually … can be produced by the degradation of plant material of other natural organic materials as UV and time play their course.

I think that was a little bit of a round-about so I apologize, but really I think as far as source comes … and maybe you could actually return to the question.

Shango Los: Yeah, right on. Bringing it back to the cannabis strain profiles part, and you answered my question really well, explaining the difference between the cannabis derived and the plant food derived. But what it occurred to me is that when you described how cannabis-derived is going to be 15% to 20% more … not 20, 15 to 20 times more expensive, what made me think of … I’ve seen a handful of terpene companies, and I know the prices they charge, a lot of these folks that write their copy to suggest that their profiles are extracted from cannabis, they just can’t be doing it for the price that they’re selling it at it.

It sounds to me like some companies are probably being a little creative with their copywriting just because it’s so much cooler. People generally think it’s cooler to take your terpenes directly from the flower, but that’s so cost prohibitive that maybe they’re writing their copy to kind of suggest that in an abstract way. But when push comes to shove, they are actually pulling terpenes from food plants and then just doing their absolute best to make a blend that matches the terpene profile that they got out of the test.

Ben Cassiday: Yeah. I guess to start off to say, we really made it our … we took a position early on because everything that you just said was the thoughts that I’ve had and that our company has had, but we took a position early on, did not try to police the industry just because there’s so much to focus on within the organization that what people are doing on the outside, we’re … I just don’t have a crystal ball.

What I will say is that I think it’s not it … I think part of what you said with people, the copy, I think people are getting pretty creative with their copy. At least in my experience, I’ve bought from several of the companies that suggests that it’s cannabis derived, and what it really appears to me is something along the lines of a cold trapped cannabis terpene from a vacuum oven or maybe even a distilled batch combined with isolated terpenes. This isn’t a new practice by any means. The essential oil and perfume industry since, I think probably its inception or very shortly thereafter, has been plagued with companies that will take lesser oils and cut more expensive oils to make them stretch further. So, yeah, I mean, it’s a practice that in one way or another is happening. We just, like I said, we never went really wanted to police the industry and we’ve never been embarrassed that we sell plant derived terpenes so we’ve just always made it blatantly obvious that these are from other sources and try to give people the tools to decide if working with us is within their guiding principles for what their business is trying to achieve.

Shango Los: Right on. That makes a lot of sense, no reason for you to police the industry. One of the things about having both a freed open market and also the internet, if somebody is selling schlock, the word is going get around and they’re going to have to deal with that. Better to focus on your own startup company and your own science and and go from that.

We’re kind of late for our first break so we’re going to get that. But anybody who’s been listening to the first set here, they’re all like, “Man, they’re leaning on the manufacturing and science part a little heavy.” Do not fear, set two is going to be all about how to use terpenes in everyday life. So, please stay for that. You are listening to Shaping Fire. I’m Shango Los, and my guest today is Ben Cassiday, cofounder of True Terpenes.

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Welcome back. You are listening to Shaping Fire. I’m your host, Shango Los. Our guest this week is Ben Cassiday, co-founder of True Terpenes.

In the first set we were talking all about how isolated terpenes are extracted or manufactured and the differences between terpenes that come from raw cannabis versus come from plant sources. Well, that’s really interesting for people who are nerdy about the science part but I’m sure there’s people who are listening who are like, “All right, I got it. I know what terpenes are. Now, how do I use them in my everyday life?” I’m going to start with the example that is actually how I met you, Ben, and what really impacted me and how I knew I wanted to have you on the show.

This past year, in December, I was down at Emerald Cup and Ben was part of a group of cannabis owners, NI, and we all rented this wine villa where we could all stay together. It was really great, right? Because all these cannabis business owners were all learning from each other.

At one point, Ben went around the room and he gave everybody just a little bit of a beta-caryophyllene in their hands and encouraged them to cup their hands and inhaled deeply, and I had never done that before. Beta-caryophyllene just smelled so good and it made me feel so calm and it made me realize that even though up to this point, all of my care about terpenes was really what was in the flower. I never really thought about using the terpenes independently from cannabis for quality of life.

Since that time, I’ve gotten an ultrasonic terpene diffuser and you showed me how to dab it, so let’s go through some of those ways that people can use terpenes at home without actually burning or vaping some marijuana.

Ben Cassiday: Okay. Yeah, definitely. I think the, just like you were saying, the first, and I think maybe easiest, is probably … is through the process of what you called hand huffing.

I want to first start by saying what I actually had everybody try at the Emerald Cup was … it was beta-caryophyllene but I had mixed it one-to-one with just some extra virgin olive oil. I think that that’s just an important note to start off with for anybody at home that might want to try this just because we want to make sure, just like any other essential oil that we’re going to put it with a carrier oil, unless you’re an aromatherapist or an expert that’s been using this for a really long time, I think you can always assume that you should probably cut them with something because they are very just powerful chemicals. Each and every one of them. Many of them active solvents in high purity. I just want to start with that and say make sure that you’re being safe and practicing good aromatherapy practices.

With handhuffing, the reason I really wanted everybody to apply the beta-caryophyllene to their hands was twofold. It is one of the most relaxing and calming … Our particular mix is derived from a combination of black pepper and clove, and it very much resembles both of those plants. It’s spicy and earthy. When you come into contact with it, it’s immediately everything that I think that you’ve just described, it’s relaxing and it’s really, in my opinion … People have heard chew on black peppercorns if you’re too high or something of those nature, and I think that beta-caryophyllene is so interesting for that purpose because it’s not overly stimulating, it’s not in your face too strong and it’s one of the more benign terpenes. By that, I mean that you can be around a lot of it before you start to get to an intoxicated level, whereas there’s some terpenes like, let’s say, geranial, which is the main terpene in roses and geraniums, which really can start to have an effect on you very quickly. I like to start with beta-caryophyllene, it helps people get their hands terpy and then we move from there.

The second reason why it’s so … it’s very … it’s a good learning tool and nobody’s going to get hurt from it in most cases. The other reason being is it’s a topical anesthetic and it works very quickly. That’s the other reason why I really like to introduce it to people is because everybody at one time or another in their life, or most people, have had the opportunity to have a sore muscle or something along the lines where they rubbed a cream on and were expecting some sort of relief. There’s obviously varying  degrees of success with those, some of those like a icy-hot pack and like Vick’s vapor rub for instance, actually are containing terpenes. So, with the handhuffing I just want to always encourage people to make sure you’re using an olive oil or a coconut oil, sweet almond oil. You can get on Google and look around for an aromatherapy carrier scent and you’ll find a list of 30. But the main ones that I really like to do that with are the primary ones from cannabis, and I think that it’s just because I’m so familiar with them and I know what to expect when working with them.

Should we go down that road or would you like to go other methods?

Shango Los: Yeah, let’s go into other methods. You recommended to me an ultrasonic diffuser, which I picked up and I love, why don’t you go ahead and explain that and why it’s making my room smell so good right now?

Ben Cassiday: Yeah. That’s actually probably the way that I consume the most terpenes, and everybody within our company, is the ultrasonic diffuser, which basically is just using a small amount of water and a vibrating sound wave to make the particles of the essential oil and water into nano particles so that they can be puffed up into the air and naturally breathed in lower concentration. So, whereas we’re getting a direct inhalation of the extract when it’s in our hands, we’re filling the room ambient with terpenes when we use an ultrasonic diffuser.

That’s, like I said, I feel like it is a little bit more natural because we’re getting a diluted … it’s combined with oxygen, you’re breathing it over a period of time. I, personally, start my day, every single day in my office, I close the door and I kick it on and I put some limonene and citral in it, both citrus derived terpenes, and that really just seems to be a … like Ethan had alluded to in his episode, very sunny and bright and alerted. That’s the way that I’ll start my day if I’m sick or thinking that I’m getting sick, I’ll use alpha-pinene. Alpha-pinene acts a bronchodilator. Anybody that’s had interaction with it, I think, will testify that it opens the lungs and makes it just much easier to breathe. That’s what you had mentioned earlier, Shango. It’s low impact, it’s certainly, I think, therapeutically active but it’s not going to give you any sort of chance to you inhale something that’s too potent or too strong and it’s not going to scent your hands or anything like that. It’s just very easy to set in the corner of the room and let it run.

One of my favorite reactions to take note of is the before and after somebody that’s never used one before. A lot of people have differing opinions on how aromatherapy works and what it is, but it I just like to let it speak for itself. So, to have somebody sit down in a room and start a conversation and let the diffuser run for a few minutes and then to watch the face change as they realize that they feel different than before, four or five minutes before, I just really love the aromatherapy diffuser. That’s what I would generally recommend to anybody that’s starting to get into terpenes and having interest in them just because it’s low-impact, it’s pretty cost-effective, terpenes will last a long time in it, and it really gives you the ability to start to investigate them. Then, once you start to learn more about other ways of preparing and consuming them then you can move on to that.

Shango Los: Right on. That makes a lot of sense. One of things that I found really easy too is while there were really nice ones that were 200 bucks, I got mine for 50 bucks on Amazon. All I did was search ultrasonic diffuser and then there were all these different ones that I could choose from. Yeah, they’re cooler ones that I can upgrade to but I’m up and going for 50 bucks. Not only that, but I like that it’s a way to share terpenes with other folks too. I’ll have people over for a dinner party or a little get-together or whatever, and it’ll fill the room and people always comment on the smell and that always gets me talking about terpenes and then turns into a little education thing sometimes, which I obviously am into.

Before we go to the commercial, let’s talk about dabbing terpenes by themselves. You gave me a really great experience when we were down there in California and I’d like you to describe it for other folks.

Ben Cassiday: Yeah. Just for sake of everybody else in our organization who isn’t a huge fan of me always showing that off, but I just think running into people like yourself who are so passionate about it and willing to experience it, we had actually inhaled a very small amount of alpha-pinene for the effect of opening our lungs. I just want to say that the company that I’m with does not really endorse that practice. We really suggest that people use terpenes for topical and oral administration at this time, but-

Shango Los: But since I want to talk about it.

Ben Cassiday: Since you want to talk about it, exactly. Basically, what we had done is we had taken a vape battery mod, that’s what they’re called. The one that I had particularly went from 5 to 40 watts. We put a ceramic nail on it that had like a to-go water pipe attached to it and so we basically had taken just about a third of a drop, which I usually measure out with a toothpick or something of that nature, we had dipped it down into the alpha-pinene, taking the drop and put it on the nail. I think that this is really important too, whereas when people are dabbing cannabis concentrates they generally already have the nail at the temperature that they’d like it to be at, which then they go in and they inhale it and it all vaporizes, but I haven’t really found the right temperature for that.

What’s worked really well for me is starting with a cold nail, adding the terpene and then allowing it to come up to temperature with the nail and then it vaporizes at exactly the right point, as soon as it’s hit the temperature where it does vaporize. It seems like it’s a much less violent reaction. Whereas, as an experiment, again, not a suggestion, but as an experiment if you wanted to just drop a drop of terpene on a 600° nail or something, you would see it dance around and then just poof off. I think that that rapid expansion would happen and that’s what would lead to somebody having a really poor experience.

Most terpenes, and not all terpenes, can be just inhaled directly. I really wouldn’t suggest just going through a whole catalog of them. But in the case of what we did, like I said, it was just a very small amount of alpha-pinene, and the physical response is so dramatic afterwards. You can definitely feel the ease of taking oxygen into your lungs. I think, personally, a mental clarity or alertness, it’s not necessarily the same thing as after your first dab of the day. It’s a little bit still even more clear than that. It’s little bit lighter. So, very, very positive. I really hope to develop a product around alpha-pinene, if we’re able to go through the right channels as far as FDA approval basically, for that sort of thing because just because something is GRAS rated or food safe doesn’t mean that you can put into a product and inhale it.

Shango Los: Right on. That makes sense. It’s funny, when you mentioned putting the terp right on a hot nail or something and having it dance around, while I definitely don’t want to hit that because of potential terpene toxicity, I do want to see that. I might do that at home just as a visual experiment and not actually hit it. People are like, “How can I do this on the go?” There are these new portable dab rigs that are based on batteries, and those seem to go really well. Actually, the one I’ve got from Vuber technologies, I put a little bit of terpene there on the nail and then I just let it start coming up to temp and then as it comes up the temp I can hit it. Man, when you gave me the pinene to try for the first time, I was … I have asthma, and so the idea that my lungs opened up and I could breath and I felt the power that comes from being in a forest … Ethan and I were talking about that, going out into the forest and taking a forest bath because it makes you feel like you want to throw your shoulders back and put your chin up and you are full of power. It’s amazing. Just taking a little bit of pinene will do that to you.

Slowly, I’ve worked my way through all the terpenes I have, and there’s a big difference between doing that with pinene, or myrcene, or linalool, they really do each have their own caricature or character-

Ben Cassiday: The thing that I would say if somebody really was was interested in figuring out which ones are of greater interest for that is to look at a terpene analysis and just look at the ratios that they’re found naturally in the plant. Alpha-pinene is found in pretty high levels, myrcene is found in pretty high levels, but other terpenes, again, I’ll bring up geranial or maybe linalool, much smaller quantities. For the amount that’s in there, they’re very potent but just using that logic as a rule of thumb for how much you might want to consume of any one of them has lead me pretty well.

Shango Los: All right. Fantastic. Let’s go and take another short break. You are listening to Shaping Fire, and my guest today is Ben Cassiday, cofounder of True Terpenes.

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Welcome back. You are listening to Shaping fire, and I am your host Shango Los. Our guest this week is Ben Cassiday, cofounder of True Terpenes.

Ben, it’s very common now for cannabis product developers to spike their products with terpenes, they’ll go ahead and process it however they’re going to, but if they want it to be relaxing, maybe they’ll add some linalool or myrcene. Or, if they want it to pick you up, they’ll add some commonly known as sativa terpenes like citrine or something like that. I know you have got a lot to say about that, but why don’t you synthesize that a little bit down and just give us your thoughts for product developers on terp stability and degradation and homogenization and things like that?

Ben Cassiday: Okay. Yeah, absolutely. I think, just like I had said before, I think spiking with terpenes is an acceptable practice. I just think there also should be … you should disclose that you’ve done it. That’s what we encourage all of our clients to do. We give them artwork from our company that we encourage them to co-brand with so that if they have questions that those questions can be directed to us so that we can properly answer them. I really think if you’re getting into it, it’s just all about making sure that people know what they’re consuming. Nobody wants to be surprised later on. That’s one of the most important things.

I think the ability to influence a product, especially like … I think I’ve had the greatest success with tinctures and topicals. We have an incredible blend that we put into … and call Indica blend tincture. In the Oregon market, same thing, we have sativa. They’ve been great. We wouldn’t really be able to do it without their control of isolated terpenes because it’s a standardized recipe from batch to batch to batch, everything comes out identical. I think that that’s a definite pro if you’re working with products, distillates or isolates, isolated CBD or distilled THC, are two very, more common cannabinoids that are definitely becoming commercially viable for people to use in making products. Combining those with terpenes so that you can control the outcome of the product is really rewarding and can be lucrative.

What I’ll say about the stability is that isolated terpenes … I’m told by several of the people that we’ve consulted with from PhD chemistry world are much more stable because there is less chemistry, basically able to happen within the bottle of terpenes. Let’s just say you had a cannabis derived profile of terpenes from an OG Kush or something like that, you might have 70 terpenes in there that are slowly degrading with UV and with time and with … if they’re not kept at room temperature versus under some sort of colder conditions. So, they definitely have the opportunity to degrade where when you have this isolated chemical you can more readily prepare for how it’s going to degrade. You can put a shelf-life on it. But with these unknown solutions that are different from batch to batch, if you’re going with a complex profile, it’s a little harder to do.

Isolated terpenes, I’m told, and from our experience, are much more stable but all organic things to grade. It’s just something to take into consideration.

As far as homogenization, terpenes are are nonpolar so we need to make sure that they are mixed into the right carriers. Just about any oil or fat-based carrier is going to work great. The easiest, I think, healthiest that I’m aware of personally is MCT. MCT works really great with terpenes for somebody that’s first getting into it right now. I think making a home-based MCT tincture with or without cannabinoids is a really good way to start experiencing these in a relatively safe manner as long as you’re doing your research on concentrations.

What I really encourage people to do when they’re starting to get into product development with terpenes is walk before you crawl. There is so many of them, they say up to 200 at this time, we offer 31 of them. It’s about when we’re going to expand that even further. But taking on so many different terpenes, it really just gives you 31 more … If you bought our whole set, you’d have 31 more variables, so I really encourage people to get used to the core eight, the terpenes that are found in the highest quantities and define unique branches of the cannabis family tree. Just to briefly go through those, that’s alpha-pinene, linalool, beta-caryophyllene, eucalyptol, limonene, myrcene, terpenaline and geranial. They all can be tied to common essential oils as well that most people are familiar with. I really encourage people look into aromatherapy and find the plants that contain these terpenes the way that their essential oils are used naturally and then start to mimic those. You’ll find some that are more prevalent in topical applications and others that are used and consumed orally or some that are never consumed but are used ambiently and inhaled through the air.

Really, for somebody getting into this, it’s not just a new form of cannabis extract where you can throw it on the nail and inhale it and you’re just comparing the difference between a CO2 oil and a BHO or something. These are definitely highly potent therapeutic compounds. So, I always invite people to do their homework, definitely pay for a consultation with a company that works with these regularly or with an organic chemist to just get your bearings down because for as much as everybody wants them to be therapeutic, with that, the other side of the coin is that they can have dramatic effects that you may or may not be so satisfied with if used improperly.

Shango Los: Right on. Well said. I’ve got a lot of respect for product developers. I’ve my dabbled in it myself mostly enough to realize how challenging it is. It’s one thing to put something together that works right then and there, but as soon as you add degradation, homogenization, shelf-stability and some kind of product liability if the wrong person gets what you’ve made. I’ve realized what a craft product development is and adding spiking with terpenes to it, it adds a whole another level of artisan into the craft because I would say the people who are adding terpenes to their products, the ones who are doing it really well aren’t just spiking the hell out of one, they’re actually crafting several of them together for a desired effect, and that is challenging. Just totally up and beyond what the rest of the soda or the edible or the capsule is. It’s a whole other level of expertise.

Ben Cassiday: Absolutely. The other thing with these being highly volatile, meaning they evaporate easily, being very volatile scent molecules, they also have a very strong flavor on the pallet. So, bringing them into a product is not necessarily just as easy as taking your current existing recipe and adding some terpenes to it. The entire recipe needs to be analyzed to make sure not only that you’re not going to ruin the flavor or grossly manipulate the flavor, but that it’s not going to, like you said, the shelf stability side of things, three months down the road that it’s not going to separate or that some sort of discoloration or something along those lines happen. It really is something to integrate into a product.

We usually recommend that people give it a 8 to 12 weeks shelf stability test. There are laboratories that you can work with within the food and cosmetic industries that can do some simulated testing to help you get some more rapid feedback. They can can do about a week’s worth of microbial testing and then build upon that a model that can give you an idea. But, ultimately, it’s, again, it’s just like with any other new input, you’re going to need to really put in your own R&D. We’ll get a lot of people that will call us and really want the silver bullet, and so far I haven’t found it.

Shango Los: Yeah. Right on. You got to build a silver bullet at home. Well, Ben, thank you so much for being on this show. We only got through about half of my questions so I’m going to have to have you back another time, but thanks for making the time to be here today.

Ben Cassiday: Oh Shango, I really appreciate it.

Shango Los: Ben Cassiday is co-founder of True Terpenes. You can find out more at by-terpenes.com.

You can find more episodes of the Shaping Fire podcast and subscribe to the show at shapingfire.com and on Apple iTunes, Stitcher, YouTube and GooglePlay. On the Shaping Fire website you can also subscribe to the weekly newsletter for insights into the latest cannabis news and product reviews. On the Shaping Fire website, you will also find transcripts of today’s podcast as well. For information on me and where I’ll be speaking, you can check out shangolos.com. Thanks a bunch to Ganjaprenuer for having me back for a visit. Be sure to check out Ganjapreneur every day for the latest cannabis news. I’ve been your host, Shango Los.

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Nevada Officially Accepting Rec. Cannabis Applications; Open to Current Operators

Nevada’s Department of Taxation is officially accepting cultivation, manufacture, testing, and dispensary applications to operate under the state’s Early Start recreational cannabis regime, the Las Vegas Review-Journal reports. The licenses will allow medical dispensaries currently operating to sell cannabis to adults 21-and-older while the state finalizes rules for the recreational program.

A 6-month license costs $5,000 to apply, and companies approved to operate as recreational will have to pay additional fees: $20,000 for retail stores, $30,000 for cultivators, $10,000 for production facilities, and $15,000 for testing labs and distributors. Distribution licenses are available to not only current medical cannabis dispensaries and distributors but also liquor wholesalers.

Clark County, Las Vegas, and North Las Vegas are expected to issue retail licenses by July, 1. The Taxation Department plans on issuing permanent licenses January 1.

Officials decided to allow current operators to participate in an Early Start program after they determined that waiting a full year to implement the voter-approved measure would risk growing the illicit market. Gov. Brian Sandoval’s proposed Executive Budget includes $70 million from adult-use cannabis sales over the next two years. Tax Department Director Deonne Contine said that without the temporary program the state “will not have the revenue that’s included in the governor’s budget.”

The application deadline is May 31.

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A micro picture of a crystal-covered cannabis nug.

Florida Health Department Orders Dispensary to Stop Selling Whole-Plant Vape Cup

Florida’s Office of Medical Use Director Christian Bax has sent a cease and desist letter to Trulieve, a licensed medical cannabis dispensary in Florida, ordering them to stop selling a product that could be broken down into a smokable product which is not permitted under the state’s rules, according to an Associated Press report.

The product, the Entourage Multi Indica vaporizing cup, is the company’s first whole-plant offering and Trulieve was given authorization to sell the cups by the state Department of Health. However, Health Department officials discovered that the vaporizer needed to use the product was only available online, employees were not able to show patients how to use the product with the vaporizer, and that the cup caps were easily removed – revealing the flower – and not able to be reattached. Trulieve CEO Kim Rivers said the company had warned patients that the product should be used only with the vaporizer.

Florida’s medical cannabis program has been marred with setbacks after voters approved a constitutional amendment to expand the limited regime. Under the language of the initiative passed last November the new rules dictating the program must be in place by July and enacted by October; however earlier this month lawmakers failed to approve legislation before the end of session and the implementation responsibility will now move to the Health Department unless legislative leaders call for a special session.

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Tools for the modern startup tech entrepreneur: a laptop, a pen and notepad, and a smart phone.

Former PayPal Exec Joins Cannabis Compliance Firm

The former Global Head of Social and Digital Marketing at PayPal has taken his talents to KIND Financial as Dave Peck has joined the cannabis compliance technology firm as Chief Marketing Officer. In addition to overseeing PayPal’s social strategy and influencer relations, Peck also helped develop social media strategies for Coca-Cola, the Grammys, and Wells Fargo.

“In this business environment I think it’s vital for every marketing professional to stay ahead of social and technology trends, and I’ve sought to do that throughout my career,” Peck said in a press release. “I also love the idea of getting into an industry as it gains mainstream recognition. When it comes to cannabis, there’s clearly a great need for ensuring ongoing compliance with the patchwork of laws and regulations that vary based on state and region. It will become even more critical as new companies enter the market, while different states and jurisdictions grapple with existing and evolving laws.”

David Dinenberg, founder and CEO of KIND, said that Peck “knows as well as anyone the challenges facing an emerging industry.”

“Our mission at KIND is to ensure greater credibility for the cannabis industry through full compliance with rapidly changing regulations, and for that we need the right team. Dave is exactly the right person for that team,” Dinenberg said. “And of course, he’s worked not only with a tech giant in the payments space but also with other widely recognized brands, and built a stunning track record in every position.”

Peck also authored “Think Before You Engage: 100 Questions to Ask Before Starting a Social Media Marketing Campaign.”

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One dollar bills in a spiraling pile on top of a table.

Minnesota Medical Cannabis Providers Have Lost $11M Since 2015

Minnesota’s medical cannabis manufacturers have lost $11 million over the last two years, as Leafline Labs lost $4.7 million last year after losing $2.5 million in 2015; while Minnesota Medical Solutions recorded $1.2 million in losses last year after running $3 million in the red in 2015, according to a Star Tribune report.

A spokesperson for MinnMed said the company hopes to break even this year but indicated it “is a bit premature to make a projection” on sales just yet.

“From a financial perspective, 2016 was a much better year than 2015,” the spokesperson said in the report. “Revenues increased from less than $500,000 to more than $2 million, while losses decreased from approximately $3 million to $1 million.”

The Health Department added intractable pain to the state’s medical cannabis qualifying condition list last August, and by early September one-third of the Minnesota patient roster was represented by chronic pain patients. MinnMed CEO Kyle Kingsley indicated that the addition of intractable pain “is going to be the difference” that helps licensed operators turn the financial corner. According to the report, the addition of the condition doubled visits to the state’s eight dispensaries.

“We put patients over profit,” said Dr. Andrew Bachman, co-founder and CEO of LeafLine.

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A train station walkway adorned with Union Jacks.

UK Liberal Dems Add Cannabis Legalization to Platform

According to research by Liberal Democrats in the United Kingdom, 87,247 police caseloads related to cannabis were opened in 2015, equaling an estimated 1,044,180 police hours and £31 million (more than USD$40 million) in enforcement, the Independent reports. Liberal leaders announced on Friday that they plan on pushing for cannabis regulation and taxation as part of their political platform.

“The honest and pragmatic response is to take responsibility for this situation and regulate the market,” the manifesto states. “Liberal Democrats will take back control from the criminal gangs and protect young people by introducing a legal, regulated market for cannabis.”

In the U.K., cannabis is a Class B substance and possession carries a five-year jail term; dealers can be sentenced to up to 14 years, although the stricter possession sentence is rarely imposed.

The party’s plan would allow sales for adults 18-and-older, limiting THC content and requiring that cannabis products also contain CBD. The party says that “skunk” – cannabis which has been bred to remove most of, if not all, CBD – is responsible for harming the “mental and physical health” of youth.

“The current approach is a disaster for young people…There are no age checks, and no controls on quality or strength,” the party contends. “‘Skunk’ is widespread and the only ID you need to buy it is a £20 note.”

The Liberal Democrats estimate that a taxed and regulated industry would see up to £1 billion in tax revenues that would be used for education and drug treatment programs.

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Top products on display from the Washington-based edibles producer The Goodship Company.

The Goodship Company: Getting Aboard with Normalization

Some say they’re just getting high when they consume cannabis, others have begun to say they’re “aboard the Goodship” — this is the basis of The Goodship Company‘s unique brand.

The Goodship Company was founded in 2014 after adult use legalization was passed in Washington state; the company is based out of the SoDo district in Seattle, Washington. Jody Hall, the company’s owner, decided to pursue this venture because she wanted to normalize the idea of responsible adult cannabis consumption. However, the advantage of some incredibly relevant work experience helped her down this path.

Trays of infused Goodship treats partway through their creation process.

Hall is also the owner of Seattle’s most acclaimed cupcake bakeries and cafes, Cupcake Royale, which originated in Seattle’s Capitol Hill district. (For anyone unfamiliar with Cupcake Royale, picture a cupcake cafe serving the cupcakes that you see on Cupcake Wars — but they were established long before Cupcake Wars even existed). This became a household name for cupcakes for anyone who lived in the Seattle area and was Hall’s first foray into the creation of delectable edibles.

Infused chocolate squares from The Goodship Company.
Close-up of some of those Goodship chocolate squares.

The Goodship Company’s edible line consists of baked goods like Double Fudge Brownies with THC and CBD, Chocolate Chip Cookies with Sea Salt, Snickerdoodle Cookies, Oatmeal Cranberry Cookies, two types of chocolate bars, and a line of Pastilles that come in Peppermint, Lemon-Lime and Tart Cherry flavors. The best part about Hall’s products, however, is that she has focused her branding on educating customers about edible dosages. She made it her mission to teach customers through packaging and print materials about the effects of ingesting cannabis.

Product packaging plays a significant role in the success of The Goodship Company, where branding efforts are focused on education and responsible dosing.

“It’s been the hardest, most grinding work,” Hall said. “But we want to stand for something greater than just an edible pot company.”

Hall is passionate about being on the forefront of the cannabis industry because she wants to help build a community that will break down the stigmas associated with the plant. “We’re building a scale of assorted products that encourage micro-dosing options with various techniques and tastes,” she said.

The chocolate squares have cooled and it’s time to move them on towards the next stage, which is packaging the product.

Moving further back in her past, Hall essentially grew up at Starbucks Coffee — but before the company had become the international powerhouse that it is now. She worked there for about 11 years and during that time she learned many things about running a business and marketing products, which she has applied to both of her businesses. It’s about “giving back to your community,” “taking care of your employees,” “doing good things,” and “using your superpower for good,” Hall explained.

And — with those ideals close to heart — Hall has really taken that message and ran with it. With Goodship, she has invested her time and expertise in building a solid brand that she is proud of and that is attractive to larger demographics than just the typical cannabis consumer. She has focused her mission on creating content that is attractive and educational while building an experience through community gathering and music events.

The Goodship Company’s product branding matters almost as much to the company as the products themselves, and has been carefully strategized to improve the user experience.

She has honed The Goodship Company into an interactive brand by hosting various community events in Seattle. The “Higher Education Series” is a partnership event best characterized as “a heady lecture series.” At these events, they don’t discuss cannabis issues — Hall calls that a “pot past approach.” Instead, they’re looking to encourage intellectual conversation on topics with lofty ideas.

“We want to talk about mind-blowing topics that spark imagination,” said Hall. “But we always want to make sure there is a little bit of hope.”

Rather than talking about the reality of climate change, they have talked about fake news, extraterrestrial life, monogamy, drug policy and criminal justice, and other “heady” topics. The point of these events is for people to attend — preferably while “aboard the Goodship” — and talk about issues that really make you critically think.

The Goodship brand’s unique approach to doing business in the cannabis industry has definitely created a special niche.

The Goodship Company is more than just an edibles producer — it’s a company that is passionate about normalizing adult cannabis use through human connections. They’ve brought their brand’s message to a whole new level and it’s safe to say they’re making positive advances throughout Washington and truly represent the cannabis community’s best interests.

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Crystal-covered cannabis nug inside of a licensed commercial grow op.

New Mexico MMJ Program Sees Increased Patient Counts and Revenues

Enrollment in New Mexico’s medical cannabis program has grown 84 percent since Mar. 2016 pushing patient totals to 40,432 in April, according to an Albuquerque Journal report. Since Jan. 1 about 8,000 residents have signed up with the program and dispensary sales have nearly doubled from $9,964,922 from January to March last year to $19,021,494 from January to March this year.

The number of dispensaries in the state also increased from 36 in January 2016 to 56 in April. Duke Rodriguez, president and CEO of Ultra Health, said the industry is experiencing “probably the single fastest” growth in the state.

“This is the one industry that has been a juggernaut of growth,” he said in the report. “Cannabis is being mainstreamed. Patients are coming out into the bright daylight and saying they advocate and support cannabis. No longer is it a hush-hush topic.”

Ultra Health reported $1.96 million sales in the first quarter of 2017 – the highest in the state – while R. Greenleaf Organics reported $1.76 million in sales. Verdes Foundation totaled $1.4 million; New MexiCann, $1.09 million; and Minerva Canna Group, $1.08 million.

In 2015 not a single New Mexico medical cannabis provider topped $1 million. In the fourth quarter of 2016, licensed cultivators doubled their 2015 quarter four production from 5,379 plants to 11,565.

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Israel Loosens MMJ Restrictions, Allows Public Use of Cannabis Oil & Vapor

New medical cannabis rules in Israel will reduce wait times for patients to receive authorization to use and possess medical cannabis and patients will now be allowed to consume cannabis as an oil or vapor in public, according to a report from Jerusalem Online. The new rules are effective immediately as Israeli Health Minister Ya’akov Litzman considers additional reforms to expand the program.

Israel has been at the forefront of national cannabis policies, having decriminalized use in March. Under the decriminalization plan, non-medical users caught smoking cannabis in public are subject to a $271 fine for the first offense, and the fine is doubled on the second. A third offense leads to probation, but the record would be quickly expunged. Only on the fourth offense are criminal charges levied.  

MK Tamar Zandbergm chair of the Knesset Special Committee on Drug and Alcohol Abuse said the policy “sends a message that a million of Israelis who consume marijuana aren’t criminals.”

The Agriculture and Health Ministries announced in January a plan to provide about $2.1 million in funding for 13 medical cannabis studies that will range from biochemical and medical research to improving crop yields.

Last month, the Hebrew University of Jerusalem launched the Multidisciplinary Center of Cannabinoid Research, which will coordinate and conduct research on cannabis’ biological effects in an effort to determine potential commercial applications.

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A row of pipes on display in the National Holistic Center, a medical cannabis dispensary in Washington D.C.

City Councilman in Norman, Oklahoma Cleared of Paraphernalia Charges Following Canna-Expert’s Testimony

Ending a court case that may seem laughably unnecessary in this age of growing drug reform, jurors in Norman, Oklahoma last week declared City Councilman Stephen Tyler Holman and local store owner Robert Cox not guilty of selling glass pipes for illicit drug purposes. Prosecutors had charged the defendants with knowingly profiting from drug activity, which is a felony, as well as twelve counts of possession of drug paraphernalia.

Max Montrose, President and co-founder of the Trichome Institute, was flown in from Colorado by the defense on three separate occasions during the trial. Montrose told Ganjapreneur that he was there to provide expert testimony regarding the many legal uses of glass pipes; these uses — apparently unbeknownst to prosecutors in Oklahoma — include the smoking of many federally legal medicinal herbs, and even tobacco.

Montrose, whose testimony was used to counter “expert” law enforcement witnesses, even provided some demonstrations to the court.

“I am so proud to have helped save these really great gentlemen from going to jail for a long time over something so stupid,” Montrose said.

The defendants were first arrested following a 2015 raid on Cox’s store, The Friendly Market, during which police confiscated thousands of dollars in cash and glassware. There followed a series of trials related to the raid, none of which have resulted in a conviction.

“So far, 24 jurors have heard this case at three trials, and only one juror has said ‘guilty’ out of 24,” Holman said in a statement made following his acquittal last Monday.

“I think it’s absolutely crystal clear that the residents of Cleveland County don’t support [District Attorney Greg Mashburn] in this venture. I don’t know why he would continue,” Holman said. “If they want to continue spending $7,800 per day in trial over this, I think the residents of Cleveland County may take issue with that come election time.”

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A cannabis worker removes leaves and stems from a cannabis plant by hand.

Adult-Use Legislation Set to be Introduced in New Jersey

New Jersey state Sen. Nicholas Scutari is expected to unveil a bill to tax-and-regulate cannabis sales in the state ahead of November’s gubernatorial vote that will mark the end of Republican Chris Christie’s term, NJ.com reports. Democrat Phil Murphy, the front-runner to replace Christie, is in favor of legalization.

“The national trend is toward legalization,” Scutari, a Democrat, said in the report. “It’s absolutely necessary to save our neighborhoods from drug dealers. And we can use the tax revenue. And people are smoking it anyway.”

Scutari, who chairs the Senate Judiciary Committee and sponsored the state’s medical cannabis legislation, said the advance introduction of the bill will “get the ball rolling and educate legislators” but he could not guarantee its passage.

“But we’ve got to work it so it will be ready for a new administration come January,” he said.

Each of the other Democrats running for governor support either decriminalizing cannabis possession or legalizing cannabis use for adults. Of the Republican field, Assemblyman Jack Ciattarelli supports decriminalization but not “outright legalization;” Lt. Gov. Kim Guadagno supports expanding the medical cannabis program but does not support adult-use regulation; Steve Rogers, Nutley town commissioner and a former police officer, favors expanding the medical cannabis program to include mental health issues but does not support recreational use; while Joseph Rullo and Hirsh Singh, New Jersey businessmen, have both indicated support for comprehensive adult-use programs.

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U.S. Attorney General Jeff Sessions speaks to a crowd of GOP supporters during a Trump rally in 2016.

AG Sessions Orders Return to Harsher Drug Penalties

U.S. Attorney General Jeff Sessions issued a memo on Wednesday that reverses some of the more compassionate policies of his predecessors regarding drug convictions, which may result in a spike of Drug War-era mandatory minimum sentences — even for nonviolent drug offenders.

In the memo — which was issued to thousands of assistant U.S. attorneys throughout the country and all of the assistant district attorneys in Washington D.C. — Sessions orders prosecutors to “charge and pursue the most serious, readily provable offense.”

The move also immediately rescinds two policies set in place by former Attorney General Eric H. Holder Jr. in 2013, which had been characterized by civil rights groups as “appropriately merciful,” according to The Washington Post. The holdover policies in question had instructed prosecutors to strategically avoid triggering mandatory minimum life sentences for some convictions, including for nonviolent drug offenders and traffickers who met specific conditions — such as not belonging to a cartel, gang, or other organized crime syndicate.

“We are returning to the enforcement of the laws as passed by Congress, plain and simple,” Sessions said during a speech on Friday. “If you are a drug trafficker, we will not look the other way, we will not be willfully blind to your misconduct.”

Sessions has a long history of being aggressive on drug crimes. He has strongly condemned cannabis users in particular throughout his political career, having said as recently as 2016 that “good people don’t smoke marijuana.”

“Drug trafficking is an inherently dangerous and violent business,” Sessions said on Friday. “If you want to collect a drug debt, you can’t file a lawsuit in court. You collect it with the barrel of a gun.”

Udi Ofer, director of the American Civil Liberties Union’s Campaign for Smart Justice, said that, “Jeff Sessions is pushing federal prosecutors to reverse progress and repeat a failed experiment — the War on Drugs — that has devastated the lives and rights of millions of Americans, ripping apart families and communities and setting millions, particularly Black people and other people of color, on a vicious cycle of incarceration.”

“It’s really ironic,” Molly Gill, the director of federal legislative affairs for Families Against Mandatory Minimums, told The LA Times. “Jeff Sessions touts himself as a champion of public safety, and they want to waste taxpayers’ money on people who aren’t that much of a threat.”

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The Steep Hill GenKit: Helping Growers Classify, Document & Safeguard Cannabis Varietals

With big business interests beginning to crowd the industry’s sidelines, many artisan cannabis cultivators are becoming concerned about keeping their unique genetics and intellectual property secure. Steep Hill Labs — an industry leader in cannabis biotechnology, research, and analysis — has a tool that can help: the Steep Hill GenKit gives breeders the ability to properly document their strain’s genetics.

At its core, the GenKit is a grower-friendly tool designed to streamline the early stages of a cannabis plant’s grow cycle. With the GenKit, Steep Hill can offer the earliest possible identification of male cannabis plants, so growers aren’t wasting time on plants that ultimately won’t produce flower — or that might even sabotage their entire harvest. According to the company, the male identification test is 99% percent accurate and only a cross contamination could result in a legitimate error.

The GenKit also offers insights into a strain’s CBD makeup, helping to identify CBD-rich varietals before they reach their flowering stage.

“Using a tiny snippet of a leaf sample, the GenKit allows our team to identify male and CBD-rich seedlings in a matter of days,” said Matthew Cote, Steep Hill’s manager of marketing.

However, the GenKit is more than just a useful tool for determining a seedling’s sex. In fact, the only real method of safeguarding a unique cannabis cultivar is by documenting and recording the scientific makeup of your strain along the way; this will always be the most important preparation when trying to patent your intellectual property. The GenKit ultimately gives cannabis growers the ability to prove that they are the true creators of a certain cultivar.

“The GenKit is any cultivator’s best first step in protecting their intellectual property,” Cote explained. “It’s extra important for people to protect their crop because they might not realize how special it is until it’s too late.”

Each GenKit comes with the ability to test up to eight different strains. The process is simple — Steep Hill requires only a leaf cutting from the plant(s) you wish to sample, and the kit itself comes with eight different sample packets to use. Within days of receiving the sample, the results will be ready. Testing can take between 3-5 business days, potentially more or less depending on the time of year and whether or not the lab is overwhelmed by harvest season.

According to Cote, Steep Hill does not maintain in-depth records for the strains they test, so growers don’t need to worry about compromising the makeup of their most prized genetics.

The GenKit is available for $99 online and in participating grow stores throughout California. However, because the service involves transporting cannabis trimmings by mail, only California growers can currently utilize the GenKit — although Steep Hill Labs has expanded to Washington, New Mexico, Maryland, Alaska, and Hawaii.

Visit SteepHill.com to learn more.

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