SCOTUS Rules Police Cannot Detain Motorists to Wait for Drug Dogs

4/24/2015

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In a 6-3 ruling on Tuesday, the United States Supreme Court declared that detaining motorists on the side of the highway to wait for drug dogs violates the Fourth Amendment’s illegal search and seizure clause. According to the court, the Constitution prohibits police from detaining a suspect without probable cause.

Justice Ginsburg wrote: “We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.” Officers can still use dogs to search the outside of a car during a traffic stop, but they cannot lengthen that stop in order to wait for dogs to arrive.

“A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries,” wrote Ginsburg on behalf of the court. “A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety.”

The ruling came from Rodriguez v. United States. After being pulled over for erratic driving, and having refused an officer’s request to search his car, Dennys Rodriguez was detained while the officer waiting for the arrival of drug dogs. After the dogs alerted, the officer searched the car and found methamphetamine, and Rodriguez was convicted.

Source:

http://www.thedailychronic.net/2015/42514/scotus-detaining-motorists-wait-drug-dogs-unconstitutional/

Photo Credit: Andrew Bardwell

 

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D.E.A. Head Michele Leonhart To Resign In May

4/24/2015

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Michele Leonhart, the administrator of the Drug Enforcement Agency, told Attorney General Eric Holder on Tuesday that she intends to retire next month. Leonhart has been a part of the D.E.A. for 35 years, but has been accused of mismanaging the agency in recent years.

The move comes after lawmakers on the House Oversight Committee expressed indignation in a hearing with Leonhart regarding her handling of reports that D.E.A. employees had taken part in sex parties with prostitutes hired by drug cartels.

Leonhart had also split with the White House on drug policy, opposing decisions by states like Colorado and Washington to legalize recreational marijuana, even though President Obama has said that they should be allowed to do so. In a hearing in 2012 she avoided stating whether she believed that marijuana was as dangerous as other drugs, such as crack cocaine, methamphetamine or heroin, offering only that “all illegal drugs are bad.”

A debate regarding Leonhart’s successorship is likely to ensue. Some Democrats have called on the president to appoint someone who supports a change in marijuana policy, while certain Republicans oppose this.

Source:

http://www.nytimes.com/2015/04/22/us/michele-leonhart-top-dea-official-is-expected-to-resign.html

Photo Credit: US Embassy Kabul Afgha

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Interview with Keith Stroup at Denver Cannabis Cup

4/23/2015

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The Ganjapreneur team had a great time at the High Times Denver Cannabis Cup for April 20th! We were amazed by the attendance (over 50,000 people came to participate!) as well as the overwhelmingly positive energy of the event.

While we were there, we had the pleasure of meeting Keith Stroup, founder of the National Organization for the Reform of Marijuana Laws (NORML). Here is a short video in which Ganjapreneur CEO Andrew Rosener asks Keith about the recent growth of the legalization movement, upcoming legalization initiatives in several states, and what the movement needs to focus on next.

He also has some words of advice for anyone who is interested in becoming a ganjapreneur: watch the video below to find out!

Note: Click on the “CC” button to turn on captions — 50,000 cannabis enthusiasts can make for a lot of background chatter.

Click here to watch this video on YouTube.

We are currently editing several other videos that we recorded during the Cannabis Cup, and we are putting together a story to recap our experience and share all of the excitement with those who were unable to attend.

Subscribe to our YouTube channel and download our mobile app to make sure you don’t miss any of our videos, articles, or interviews!

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New York’s MMJ is Finalized Despite Program’s Limited Scope

4/23/2015

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New York State’s Health Department has released their rules for medical marijuana in the state, allowing the drug to be used medicinally but the conditions for which it can be administered are limited. According to the rules individuals with “specific severe debilitating or life threatening conditions” will be allowed access to marijuana as mode of treatment.

According to the Health Department rules individuals diagnosed with cancer, human immunodeficiency virus (HIV), amyotrophic lateral sclerosis (ALS, or Lou Gehrig’s Disease), Parkinson’s, multiple sclerosis, epilepsy, inflammatory bowel disease, Huntington’s disease, neuropathies or damage to the nervous tissue of the spinal cord will be able to receive a prescription for the drug. Additionally individuals with wasting syndrome, “severe or chronic pain,” severe nausea, seizures and “severe or persistent muscle spasms” will also have access to the drug.

Justin Flagg, communications liaison for Sen. Liz Krueger (D), said she felt the measures laid out by the health department are “too restrictive.”

“[The rules] will prevent access by a number of patients, particularly low-income patients and rural patients,” Flagg said. “That’s her primary concern.”

Krueger, along with Assemblyman Richard Gottfried (D), championed the medical marijuana legislation, which was passed during the waning hours of the legislature’s 2014 session.

The rules call for a fifty dollar application fee for patients, which could be waived or reduced if the patient shows “financial hardship,” but also only allows for just 20 dispensaries throughout the state. There are 62 counties in the state, 24 of which qualify as rural, according to U.S. Office of Rural Health Policy.

“The fact that we are limited to 20 dispensaries statewide means people in the state – and it’s a huge state – means it’s going to make it difficult for people to just get to the dispensaries,” Flagg said. “There are regulations on shipping which compounds the problem of not having enough dispensaries or that they won’t be geographically available.”

The financial cost for would-be dispensary owners is high. Applicants must pay a $10,000 non-refundable application fee and another $200,000 registration fee. The registration fee would be returned if the applicant was not granted registration, according to the regulations. Just five of the applicants will be initially registered by the state – leaving the operations of all 20 locations in the state to just a handful of operators. Those operators must renew their license every two years for another $100,000. Operators will face additional costs such as site inspections, product tests not to mention day-to-day operations and salaries.

The rules also specify that dispensary signage can only be black and white and they cannot refer to their product by street or brand names. The rules do not indicate what the product must be called to avoid using those terms.

Flagg said that, to his knowledge, there is no legislation presently aimed at changing the Health Department rules in an effort to expand access. He did note that Krueger has pending legislation that would legalize and tax marijuana in the state but acknowledged that the bill would not likely see any movement this session.

Photo Credit: M a n u e l

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WeedMaps Drops $2 Mil. Into California Legalization Campaign

4/22/2015

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While states like Colorado, Washington, Oregon and Alaska celebrated their state’s legalization of recreational marijuana during the weekend of 4/20 festivities, California’s Secretary of State received paperwork for “The Marijuana Control, Legalization and Revenue Act of 2016,” an initiative that will be put to state voters next year to allow citizens to legally purchase marijuana without a prescription. Two other, similar initiatives have also been filed in the state, though it will require millions of dollars to fund what is sure to be a long and embittered campaign to legalize marijuana in California. Thankfully, the effort has just received one of the largest — if not the largest — financial contributions from a single source.

On April 17, CEO of WeedMaps — a sort of Yelp for weed — Justin Hartfield, announced that he is donating $2 million to California’s effort to legalize marijuana. The first million will go to Californians For Sensible Reform, and an additional million to Californians For Sensible Reform PAC.

“We’re doing it because legal adult use of marijuana is inevitable. California has always been an innovator and we’re falling behind other states,” Hartfield told The San Francisco Chronicle Friday. “We wanted to do it to make a statement that we’re serious about this.”

Despite lowering penalties for possession of an ounce of marijuana down to a misdemeanor in 1975, and from a misdemeanor to a $100 fine in 2010, California has never been able to gather the necessary votes to fully legalize recreational use of cannabis, which would allow for brick and mortar stores to sell to anyone over the age of 21. In the same year Governor Schwarzenegger reduced possession to a $100 fine, California voters were faced with Proposition 19, which was their opportunity to make weed fully legal in the state. Yet it was rejected by a narrow margin of 53 to 46.

Though support for legalization is at an all time high for among Californians, according to a survey by the Public Policy Institute of California released last month, which reported that “53 percent of residents say marijuana should be legal and 45 percent say it should not.” These numbers show a two percent increase in favorability since only October of last year.

Like most political endeavors, fundraising will surely play a key role in the effort to legalize marijuana in California. Last July Florida voters showed 88% approval for medical marijuana legalization, but by November’s election many had apparently changed their mind and the initiative failed — likely due to the $5.8 million donated to the opposition, 85% of which came from GOP bankroller Sheldon Adelson. With donors like Hartfield dumping large contributions into pro-cannabis efforts, California stands a much better chance of reforming their marijuana laws in 2016.

A board member of both NORML and the Marijuana Policy Project, Hartfield was described by Business Insider as “The First Venture Capitalist Of The Pot Industry.” After working for an SEO consultation company, Hartfield founded WeedMaps in 2008, which helps marijuana enthusiasts locate dispensaries in their area, as well as leave reviews for businesses and marijuana strains. Their iTunes app page proclaims WeedMaps to have a Userbase of over 640,000, and in 2014 Hartfield boasted to The San Francisco Chronicle that his business brings in “north of $25 million a year.”

Far from becoming an out-of-touch corporation, WeedMaps has maintained its relevance with youth culture while continuing to grow as a multi-million dollar business. On 4:20 last Monday, WeedMaps partnered with rapper Lil’ Wayne as the exclusive host for the debut of his music video “Hollyweezy” for four hours and twenty minutes, before being released nationally.

With deep cred and deep pockets, it’s likely that WeedMaps will end up being a game-changer for marijuana ballot initiatives in the years to come.

Photo Credit: Matt Biddulph

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Chicago to Relax Low-Level Cannabis Possession Charges

4/22/2015

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Chicago and its environs are planning to change how it will deal with low-level drug charges, according to Sally Daly, a spokeswoman for Cook County State’s Attorney Anita Alvarez.

Those charged with a misdemeanor for possession of marijuana will have their cases dismissed if they have fewer than three arrests or citations. Low-level charges like these amounted to 15,000 cases last year in Cook County, which comprises Chicago and many surrounding suburbs.

The main focus of the program will be an alternative prosecution system designed to divert repeat low-level drug offenders out of the criminal justice system. The program, the first of its kind, will target those with non-violent Class 4 felony possession charges and link them with social service agencies in lieu of pursuing further criminal charges. Spokeswoman Daly stated that these changes will not apply to pending cases.

Class 4 felony possession charges made up 25 percent of felony cases in Cook County last year.

Mayor Rahm Emmanuel stated in support of the ordinance that it would free up police resources to focus on more serious crimes.

Source:

http://www.huffingtonpost.com/2015/04/19/chicago-marijuana-prosecu_n_7097578.html

Photo Credit: Mr.TinDC

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Pres. Obama, Senators Offer Support for MMJ and Federal Rescheduling

4/21/2015

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President Obama gave qualified support for marijuana decriminalization in an interview for CNN’s documentary “Weed 3: The Marijuana Revolution,” hosted by Dr. Sanjay Gupta.

Gupta asked the president to give his opinion of the Carers Act of 2015, a proposed Senate bill that would grant federal permission for medical marijuana programs in states that have legalized them. It would also reclassify marijuana’s status under federal law to a Schedule II drug and increase research into marijuana’s potential benefits. Obama responded:

“You know, I think I’d have to take a look at the details, but I’m on record as saying that not only do I think carefully prescribed medical use of marijuana may in fact be appropriate and we should follow the science as opposed to ideology on this issue, but I’m also on record as saying that the more we treat some of these issues related to drug abuse from a public-health model and not just from an incarceration model, the better off we’re going to be.”

Dr. Gupta spoke with two of the bill’s co-sponsors, Sens. Cory Booker, D-N.J., and Kirsten Gillibrand, D-N.Y., and said that they were both “very optimistic about it. According to Gupta, “Cory Booker’s exact language is ‘We’re gonna get it done.'”

Source:

http://www.ibtimes.com/marijuana-legalization-president-obama-us-senators-offer-support-medical-cannabis-1887783

Photo Credit: Nick Knupffer

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Contentious Legalization Legislation Introduced in Wisconsin

4/17/2015

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Wisconsin lawmakers introduced a bill Monday to legalize marijuana for both medical and recreational use.

LRB-0188 was announced by Rep. Melissa Sargent (D-Madison), who argued that the bill would reduce crime and benefit the economy. If passed, the bill would allow Wisconsin residents of 21 years and older to possess up to an ounce of cannabis; out-of-state visitors could possess up to a quarter-ounce. Marijuana would be taxed at 25% of the sales price.

Rep. Sargent proposed a similar bill in the past that didn’t make it very far in the Republican-controlled legislature. This bill will have to fight a similar uphill battle, but Sargent says the new legislation addresses concerns that weighed it down last time.

“We’ve completely removed edibles and infusions. There are deep concerns in other states about the impact on young people,” she said. Sargent highlighted the failures of prohibition as well:

“In Wisconsin, African-Americans are … six times more likely to be arrested for simple marijuana possession than Caucasians, despite nearly identical usage rates. In fact, in the city of Madison, the area that I represent, that ratio is a staggering 12-to-1… We have spent countless taxpayer dollars, imprisoned non-violent offenders, perpetuated falsehoods, and created a dangerous black market. This must end.”

Republican lawmakers such as Rep. David Steffen (R-Green Bay) have already spoken out against the bill, and a spokesperson for conservative Governor Scott Walker stated that the governor opposes the bill on the grounds that marijuana is a gateway drug.

Walker stated in February 2014 that people can enjoy themselves more responsibly while drinking a beer or two than they can while smoking.

Sources:

http://host.madison.com/news/local/govt-and-politics/proposal-to-legalize-pot-in-wisconsin-unlikely-to-get-support/

http://wbay.com/2015/04/13/state-lawmaker-introduces-bill-to-legalize-marijuana-in-wisconsin/

Photo Credit: sonimi

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Chris Christie Will ‘Crack Down’ on Legalization if Elected President

4/16/2015

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New Jersey Governor and Republican presidential candidate Chris Christie stated in an interview on “The Hugh Hewitt Show” on Tuesday that he would “crack down” on marijuana legalization if elected president.

Asked whether he would enforce federal laws in those states that have legalized cannabis, Christie responded, “Absolutely. I will crack down and not permit it.”

When Hewitt attempted to steer the interview elsewhere, Christie re-emphasized his position:

“Marijuana is a gateway drug. We have an enormous addiction problem in this country. And we need to send very clear leadership from the White House on down through the federal law enforcement. Marijuana is an illegal drug under federal law. And the states should not be permitted to sell it and profit from it.”

The governor’s position contrasts sharply with those taken by other Republican contenders, such as Rand Paul, Ted Cruz, Jeb Bush, and Rick Perry, who have asserted that states should be free to regulate marijuana irrespective of federal law.

If Christie is betting that opposing marijuana legalization will put him in the good graces of conservatives, he may be disappointed. A Pew Research Center poll from March found that 54 percent of Republicans stated that the federal government should not enforce federal laws in states that have legalized the recreational use of marijuana. 58 percent of Democrats and 64 percent of independents responded likewise.

Sources:

http://www.forbes.com/sites/jacobsullum/2015/04/15/why-chris-christies-vow-to-suppress-marijuana-legalization-is-politically-foolish/

http://www.huffingtonpost.com/2015/04/14/chris-christie-marijuana_n_7066636.html

Photo Credit: Gage Skidmore

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Mainstream Media Outlets Capitalize on the Cannabis Boom

4/16/2015

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The progression of cannabis legalization has been a mainstay of media focus since the successful 2012 campaigns in Colorado and Washington.

Where once corporate media conglomerates were spreading government-influenced warnings about the dangers of marijuana and other illegal drugs (and still do in many cases), major publications are now beginning to investigate the facts and culture of the legal marijuana industry from an entertainment perspective. The shift is likely due to the fact that it has become abundantly clear that a majority of Americans support the legalization of recreational cannabis, and the benefits of sensible regulation and decriminalization have proven to be plentiful.

To capitalize on the movement’s growing popularity, CNN has announced an evening of primetime television focused on the cannabis industry. On Sunday, April 19th at 9 pm ET/PT, the station will air the third installment of Dr. Sanjay Gupta’s multi-part series — Weed 3: The Marijuana Revolution — which will cover important breakthroughs in medical marijuana research.

After Dr. Gupta’s report, at 10 pm ET/PT, CNN will premiere its newest original series, High Profits. This series will follow Brian Rogers and Caitlin McGuire — the ganjapreneurs behind Breckenridge Cannabis Club — as they build their cannabis franchise.

Another example of a network cashing in on cannabis hype is Discovery‘s 2013 series Weed Country, which documents legal clashes between medical cannabis growers and law enforcement in Northern California. This was not Discovery‘s first foray into the industry, however: Weed Wars, which premiered in 2011, was a reality television series that featured Steve Deangelo, owner and founder of Harborside Health Center, in the everyday struggle of running the world’s largest medical marijuana dispensary.

While it’s great that the industry is being recognized as a legitimate entity and the stories of legal cannabis pioneers are being told, it’s important to recognize that the mainstream media is still controlled by a small group of conglomerate organizations that are ultimately driven by profit. It is our hope that pieces such as these buck the trend of inserting constant jokes and tired stereotypes into their stories, and focus instead on the undeniably positive impact that legalization has had.

Sources:

http://www.cnn.com/videos/tv/2015/04/13/cnn-weed-3-4-19-2015.cnn-creative-marketing

http://www.cnn.com/videos/tv/2015/03/24/cnn-high-profits-series-premiere-trailer.cnn-creative-marketing

Photo Credit: docmonstereyes

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Everything You Need to Know to Succeed in the Marijuana Industry Presented at Annual Cannabis World Congress in New York

4/15/2015

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Comprehensive Educational Program Includes 40 Sessions with Top Cannabis Experts

(Paramus, NJ, April 13, 2015)—The legal and medical marijuana industry is on track to be the next American gold rush, and the 2nd Annual Cannabis World Congress & Business Exposition (CWCBExpo) in New York, presents an in-depth educational program that covers everything from A to Z on how to succeed in this dynamic industry.

Sponsored by the International Cannabis Association (ICA), CWCBExpo taking place June 17-19, 2015 at the Javits Center in New York provides the latest insight and strategies for the legal, regulatory, financial, operational, retail, marketing and healthcare sectors of the industry.

“The steps to enter the cannabis business can be overwhelming with even just the different state and national mandates,” said Dan Humiston, President of ICA,  “And if you are already in the business, you have to be quick and nimble to stay competitive and grow.   No matter your point of entry, CWCBExpo in NY has you covered and will give you the knowledge, tools and connections to succeed.”

Important sessions being presented during the conference program on Thursday, June 18th  & Friday, June 19th include:

– What Physicians Need to Know to Prescribe Medical Marijuana to their Patients
– Will Cannabis be the Next Big Retail Opportunity?
– How to Legally Invest in the Cannabis Industry
– How to Obtain a State License to Sell, Grow or Produce Medical or Recreational Marijuana
– Methods and Devices Used to Extract Cannabis Oil from Plants
– How to Establish a National Brand for Your Cannabis Business
– The Top 10 Things to be a Successful MMJ Operator
– Applying Lessons From the Tech Boom to Become the Next Apple or Microsoft of Cannabis
– Why a Wall Street Model is Needed in the Cannabis Industry

In addition, the CWCBExpo in New York conference program reveals best practices in setting up a business, dealing with labor laws and lobbyists, and cannabis products for women, among others.  At CWCBExpo, experts and important knowledgeable speakers from all sectors of the industry will be sharing their unmatched expertise on several panels including:  Adam Bierman, Manager Partner, The MedMen, Avis Bulbulyan, CEO, Bulbulyan Consulting Group and Andy Joseph, President, Apeks Supercritical, to name a few.

The two-day conference program on June 18-19th also includes a Keynote presentation by Ethan Nadelmann, President of the Drug Policy Alliance, a leading organization promoting drug policies that are grounded in science, compassion, health and human rights.

On Wednesday, June 17th, CWCBExpo will offer add-on workshops that provide focused cannabis career guidance for business professionals, physicians, and attorneys.  A fundamental class on how to get a job in the cannabis industry and healthcare protocols for the State of New York round out the CWCBExpo in New York add-on workshops.

CWCBExpo in New York will also feature an exhibit floor (June 18-19) with suppliers in the industry showcasing cutting-edge products and services to those in the business, entrepreneurs looking to enter the market, medical professionals and dispensary owners, investors, and providers of professional services.

To register for CWCBExpo in New York in advance at discounted rates go to www.cwcbexpo.com/new-york-show/registration.asp. For more information on sponsoring or exhibiting contact Don Berey, Show Director at dberey@leexpos.com or call 201-881-1614.

About Cannabis World Congress & Business Expositions (CWCBExpo)

The Cannabis World Congress & Business Expositions (CWCBExpo) are produced by Leading Edge Expositions in partnership with the International Cannabis Association (ICA).   The events are the leading professional forums for dispensary owners, growers, suppliers, investors, medical professionals, government regulators, legal counsel, and entrepreneurs looking to achieve business success and identify new areas of growth in this dynamic industry.  In 2015, CWCBExpo will take place June 17-19, at the Javits Convention Center in New York, and the CWCBExpo Fall will be held September 16-18, at the Los Angeles Convention Center in Los Angeles, CA.  For more information on ICA visit www.internationalcannabisassociation.com.   To learn more about the CWCBExpos go to www.cwcbexpo.com. Connect with CWCBExpo on Twitter and Facebook.

Contact: Annie Scully, ascully@leexpos.com, 201-310-9252

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Illinois Considers New MMJ Qualifying Conditions

4/15/2015

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Illinois’s Medical Cannabis Advisory Board has made public the petitions it’s currently reviewing for admission to the list of medical marijuana qualifying conditions.

The Board was created last year by the Illinois Department of Public Health, and comprises physicians, nurses, a medical ethicist, a pharmacist, and medical marijuana patients. The petitions, which were accepted in January and February 2015, were made public by the Associated Press. The petitions request the addition of PTSD, anxiety, migraines, insomnia, bipolar disorder, autism, gout, osteoarthritis, and — the most contentious — chronic back pain.

Illinois state law does not currently consider any type of generalized pain as a qualifying condition; the board is thus likely to study chronic back pain thoroughly. Other difficult-to-define conditions like anxiety may also be carefully examined.

Another question the Board may address is whether the kinds of health care providers able to recommend medical marijuana be expanded — someone with PTSD might be treated by a psychiatrist or psychologist rather than a medical doctor. Although psychiatrists with MDs are considered physicians under current law, the argument may be may to include those with other credentials as well, though this would require a change in the law.

If the Board does decide to make recommendations, these must then be approved by the Dept. of Public Health director before moving to the Joint Committee on Administrative Rules. Under current law, final action regarding the petitions must happen with 180 days of the initial application.

Source:

http://www.chicagotribune.com/news/local/breaking/chi-illinois-medical-marijuana-20150406-story.html

http://www.cannalawblog.com/illinois-weighs-potential-new-qualifying-conditions

Photo Credit: Amanda Landers

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Arizona Patients May Use MMJ While On Probation, Supreme Court Rules

4/14/2015

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Recently, the Arizona Supreme Court made waves when it ruled in favor of medical marijuana users’ right to continue to use marijuana while on probation. This brought up an interesting question that the Supreme Courts of states like New Jersey, Montana, and New Hampshire — states where medical marijuana is currently legal but recreational use is not — might have to answer in the near future:

In a state where marijuana cultivation, possession, and use are illegal — medical use being a highly-regulated exception — should individuals with medical marijuana cards be required to stop using marijuana as a condition of their probation? The answer is no.

Recently, two separate cases have proven that it is illegal and unethical to deny a medical marijuana user his or her right to use marijuana while on probation.

In one case, Keenan Reed-Kaliher was convicted of possessing and selling marijuana. After spending approximately eighteen months in prison, he was released on probation with the requirement that he “obey all laws.” His probation officer added the requirement that he not use marijuana. Reed-Kaliher appealed the plea, stating that as a medical marijuana card holder, he had the right to manage his pain with marijuana. The Arizona Court of Appeals ruled with Reed-Kaliher, issuing the following statement:

“[I]f the state extends a plea offer that includes probation, it cannot condition the plea on acceptance of a probationary term that would prohibit a qualified patient from using medical marijuana.”

In the other case, a woman in Yavapai county named Jennifer Lee Ferrell was convicted of driving while intoxicated. Her plea agreement, like Reed-Kaliher’s, required that she stop using marijuana. She refused, and the Court of Appeals supported her position.

In 2011, Arizona passed the Medical Marijuana Act. This act legalized the use of medical marijuana in Arizona by a tiny margin, passing with just 50.13% of the vote.

Following the Medical Marijuana Act, individuals suffering from one of the approved conditions may possess up to two and a half ounces of usable marijuana at any time for their own relief. Users may receive their marijuana from state-licensed dispensaries or cultivate their own plants if they live more than 25 miles from the nearest dispensary. Users who opt for home cultivation may have no more than twelve plants and must keep them locked in an enclosed facility.

What this issue really boils down to is that medical marijuana users have the right to seek relief for their symptoms.

Some officials and attorneys see it differently, through. Following Ferrell’s case, Yavapai County Attorney Sheila Polk made the following statement:

“I implemented the ‘no marijuana condition’ after the probation department noted a significant increase in the number of probationers obtaining a medical marijuana card to use marijuana while on felony probation. My goal — and the goal of the system — is to set convicted felons up to succeed, to find employment and to turn their lives around. Marijuana is not part of that equation.”

As more states legalize medicinal marijuana use and others move toward decriminalizing and legalizing its use for recreational purposes, this issue will surely resurface in other jurisdictions.

Photo Credit: Wade M

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Oregon’s Only Cannabis-Friendly Bank Closing All Marijuana Business Accounts

4/14/2015

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MBank, Oregon’s sole bank offering financial services to businesses in the marijuana sector, has announced that it will close its 75 weed-related accounts over the next two months.

CEO and President Jef Baker explained the Gresham-based bank’s move: “It just ultimately boils down that as a small community bank, we do not have the resources to manage the compliance needed for this industry. We thought we could, but we can’t.”

Baker said that MBank is simply “not big enough” to handle federal regulations imposed on banks dealing with businesses in the cannabis industry.

According to Baker, the move could prove harmful to the industry in general, deterring other banks from opening their doors to marijuana firms: “My personal opinion is that it will have a negative effect on other banks’ appetites. Anytime one of us exits a business it’s a red flag of sorts. I don’t think this is going to be a positive.”

Sources:

http://www.wweek.com/portland/blog-33062-mbank_is_closing_its_marijuana_bank_accounts.html

http://mjbizdaily.com/breaking-mbank-to-close-all-cannabis-accounts/?nomobile=1

Photo Credit: Tracy O

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Maryland Lawmakers Approve Bill to Decriminalize Marijuana Paraphernalia

4/13/2015

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State lawmakers in Maryland approved a bill Saturday that would decriminalize marijuana paraphernalia. Maryland decriminalized small amounts of marijuana last year, but the law didn’t decriminalize the possession of bongs and other cannabis paraphernalia.

The new law also sets a maximum fine of $500 for smoking marijuana in a public place. There is no public smoking penalty under the current law.

The bill, sponsored by Sen. Bobby Zirkin, has already been approved by the state Senate and passed the House with a vote of 84-52.

Another cannabis-related bill, sponsored by Baltimore City Democratic Del. Curt Anderson, is likely to head to committee this week. That bill would set penalties for using marijuana while behind the wheel, and would also increase the amount of marijuana that can be punishable by only a civil citation from 10 to 20 grams.

Sources:

http://www.baltimoresun.com/news/maryland/politics/blog/bal-marijuana-paraphernalia-bill-advances-20150411-story.html

Photo Credit: sadaton

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Wichita Voters Vote to Reduce Penalties for Cannabis Possession

4/10/2015

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Voters in Kansas’s largest city, Wichita, approved a municipal ballot measure Tuesday that would reduce penalties for cannabis possession.

Possession would remain a criminal charge under the new law. The measure, which will go into effect only in Wichita, will make a first-time possession offense of 32 grams or fewer punishable by a $50 fine and a court summons, instead of arrest.

Convictions will be expunged after 12 months if the individual is found guilty of no further infractions. If the offender does receive a second possession charge within those 12 months, the penalty would be escalated to a misdemeanor; a third offense would result in a felony.

Current Kansas law treats a first-time possession offense as a misdemeanor, and can carry with it a fine of up to $2,500 and a year in jail. Repeat offenders can get slapped with felony sentences of 10 months to 3.5 years in jail and a fine of up to $100,000.

A legal battle is expected to ensue before the ordinance takes effect, with opponents arguing that the city cannot adopt measures that conflict with state law. Kansas Attorney General Derek Schmidt is likely to sue the city in an effort to block the measure.

Later this month, lawmakers in Topeka are set to vote on a measure that would lessen penalties for first- and second-time offenses throughout the state.

Sources:

http://www.thedailychronic.net/2015/42136/kansas-wichita-voters-approve-reducing-penalties-for-marijuana-possession/

Photo Credit: Ty Nigh

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Bill to Reform Federal Taxes for Marijuana Businesses Proposed by Oregon Legislators

4/09/2015

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U.S. Senator Ron Wyden (D-OR) and Congressman Earl Blumenauer (D-OR 3rd District) have announced a bill that would lessen the tax burden on marijuana businesses who are operating in compliance with state law.

Current federal tax law dictates that businesses dealing with Schedule 1 substances under the Controlled Substances Act cannot write off business expenses on their federal tax bill. Because of this, marijuana businesses often face tax rates as high as 90 percent. The proposed Small Business Tax Equity Act would allow business owners of the cannabis industry to take the federal tax reductions they are currently denied.

Congressman Blumenauer explains that the change “would bring much needed fairness and level the playing field for small businesses that follow state laws and create jobs.”

“More than two-thirds of Americans now live in jurisdictions that have legalized either the medical or adult use of marijuana,” he said. “It’s time for the federal government to catch up.”

Sources:

http://www.statesmanjournal.com/story/news/politics/2015/04/09/oregon-legislators-seek-tax-code-change-for-pot-businesses/25532877/

http://www.theweedblog.com/politicians-announce-tax-reform-legal-marijuana-businesses/

Photo Credit: Carlos Gracia

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Privateer Holdings Raises $75M in Funding for Global Cannabis Brands

4/09/2015

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Privateer Holdings, the world’s foremost private equity firm that has holdings only in legal cannabis, announced Tuesday that it closed its series B funding round, easily meeting its goal of $75 million.

This is the largest private capital fundraise in the legal cannabis industry ever. The firm will use its funding, now at a total of $82 million, to build a portfolio of cannabis brands operating worldwide. Privateer Holdings currently has investments in Leafly, the popular online strain database; Tilray, a Canadian medical cannabis manufacturer; and Marley Natural, a recreational cannabis brand that is expected to unveil products later this year.

“Cannabis prohibition and the destructive social injustices it causes are going to end sooner than people think,” stated co-founder and CEO Brendan Kennedy. “As the cannabis market transitions from a state of prohibition to a state of legalization around the world, we are proud to be building a global portfolio of mainstream, responsible brands that are setting the standard for the industry in terms of quality, professionalism and social purpose.”

Source:

http://www.businesswire.com/news/home/20150406005924/en/Privateer-Holdings-Closes-75-Million-Funding#.VSQZ4PnF_Ki

Photo Credit: Mark

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Cannabis Polling Better Than Any 2016 Presidential Contender in Three Major Swing States

4/08/2015

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According to a Quinnipiac University poll conducted in March, marijuana legalization is polling better than any 2016 Presidential candidate.

The poll, which surveyed voters in Florida, Ohio, and Pennsylvania, found that more than 80 percent of adults support medical marijuana and between 51 and 55 percent support legalizing small amounts for recreational use.

Although recreational cannabis is just slightly more popular than Hillary Clinton in these states, it’s crushing some of the Republican contenders. Recreational marijuana has twice the support of Marco Rubio and Ted Cruz in Ohio, and is more than three times as popular as Jeb Bush in Pennsylvania.

Of course, high polling numbers for marijuana don’t always mean good chances of electoral victories. However, as marijuana shows up on more and more ballots throughout the country, it’s quickly becoming a mainstream election issue that candidates will have to address.

Sources:

http://www.washingtonpost.com/blogs/wonkblog/wp/2015/04/06/in-key-swing-states-weed-is-polling-better-than-all-potential-2016-candidates/?tid=sm_fb

Photo Credit: Alan Grinberg

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Cannabis Topicals: A Good Niche for Health Entrepreneurs

4/07/2015

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Marijuana topicals are having their day, particularly in Colorado where cannabis-themed spas are offering therapeutic massage and alternative treatments that use salves, balms and oils infused with cannabis. Generally, these topicals begin with a carrier oil like coconut oil or olive oil that is cooked down similar to butter when baking edibles.

In some cases the cannabis infusion is the main therapeutic ingredient. Most of the time, however, the topicals are blended with other essential oils that also have anti-inflammatory properties like lavender, frankincense or lemon grass.

It’s probably no surprise that herbalists and holistic healers are embracing cannabis’ analgesic and anti-inflammatory medicinal properties. They have often been at the forefront of encouraging patients to take control of their own healing, often seeing their role more as counselors or facilitators than doctors in their client’s journey toward wellness.

It’s an area with many options for alternative health entrepreneurs. Enthusiasts of cannabis balm claim it has been effective for a number of joint and muscle-related ailments including arthritis, eczema and psoriasis. The cannabis spa movement is also a rapidly growing niche and will need practitioners who can educate their clients as well as treat them with special oils and infusions.

Judith Schreuder brought together her medical training with her love for herbs and created Dutch Farms Organics. A registered nurse, she worked with cancer and other terminally ill patients. In some cases, traditional medicine just didn’t work. So Judith began experimenting with tinctures and potions. When she began hearing about the medical properties of marijuana, it just seemed like a natural ingredient to add to the blend.

“I’ve always taken all my medicine from nature,” says Judith. “From the time I was young I’ve made lotions and potions for my children, my grandchildren and myself.”

At first she gave away her healing salves. Then through word of mouth she began selling them. From there she expanded to a number of California dispensaries and eventually the line Dutch Farms Organics was born.

Many people who are not interested in smoking marijuana and who feel they are not in enough pain to take it orally are enthusiastic about giving cannabis lotions a chance. Cannabis lotions are not psychoactive and should not result in a positive drug test.

Cannabis topicals are a natural evolution in the self-care health movement. As many people become disillusioned with modern medicine and its disconnect between symptoms and the root cause of a problem, treating muscle pain with cannabis oils or balms might be a good option.

And savvy business people will no doubt find some unique opportunities in this area.

Photo Credit: sunshinecity

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Medical Marijuana Legislation Filed in Alabama State Senate

4/07/2015

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Comprehensive medical marijuana legislation was filed in the Alabama state Senate last Thursday, and will be followed by a companion bill in the House.

SB 326, the Alabama Medical Marijuana Patient Safe Access Act, was filed by Senator Bobby Singleton (D-Greensboro). With its legislative counterpart in the house, set to be filed by Rep. John Rogers (D-Birmingham), the two bills would create the most extensive medical marijuana program in the South.

Under the proposed the legislation, patients who suffer from any of the 25 conditions listed in the bill would be allowed to buy up to 10 ounces of marijuana each month, depending on the severity of the condition.

In addition, people suffering from any chronic or persistent condition that “substantially limits the ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act” or that could cause serious harm if not alleviated would also qualify for MMJ access under the law.

Sources:

http://www.thedailychronic.net/2015/42042/comprehensive-medical-marijuana-bill-introduced-alabama-senate/

Photo Credit: Stuart Seeger

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Florida’s Restrictive MMJ Law Faces New Challenges

4/06/2015

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The Florida legislature continues to face legal challenges in its attempt to allow patients access to low-THC, high-CBD marijuana strains like Charlotte’s Web. A new bill written to expedite this process has engendered some pushback from black farmers, who assert that the bill contains discriminatory requirements.

To bid for one of the five licenses to cultivate and distribute these high-CBD strains under current law, a farm must grow 400,000 or more plants and have been in existence for at least 30 years.

Only 99 of Florida’s farms qualify, and hundreds of black farmers argue that they could not go into business 30 years ago because of legal battles with the Department of Agriculture regarding discriminatory lending practices.

Senator Rob Bradley (R.-Fleming Island), who sponsored the initial legislation, acknowledged that the bill has a disproportionate negative impact on minority farmers after several members of the Florida Black Farmers Association called on senators to do away with the 30-year rule.

Although he wants to address this, Bradley is concerned about the potential delays this new legal hurdle presents for families that need access to these high-CBD strains now. “The purpose of this bill is to end the legal challenges and to fulfill a promise we made to these families,” Bradley said. “Anything that strays from that purpose is going to be a problem for many of us since that is the reason we are pursuing it this session.”

Sources:

http://www.tampabay.com/news/politics/stateroundup/plan-to-expedite-medical-marijuana-hits-hurdles/2223611

Photo Credit: Daniel Chodusov

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Marijuana Meets Science: Ganjapreneur Interviews Founder of Cannabis Testing Lab in Washington

4/03/2015

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As marijuana legalization has spread to new states and regions, the regulatory framework of the industry has struggled to adapt. How to ensure product safety via scientific testing has been a popular debate, and some legal markets have mandated testing for cannabis producers and retailers. Ganjapreneur, a cannabis industry publication focused on business news and culture, recently published an interview with Dr. Michelle Sexton of PhytaLab about her take on cannabis testing regulations.

Dr. Sexton founded PhytaLab in 2010, and she has also served as a consultant to the Washington State Liquor Control Board on the implementation of I-502, the state’s bill which led to the legalization of marijuana for recreational use. She is a member of the International Cannabinoid Research Society, the International Association for Cannabinoid Medicines, and the Society of Cannabis Clinicians, and she is also an avid surfer and rock climber.

In the interview, Sexton explains how the lack of federal recognition of legal cannabis markets has made scientific research very difficult. “Due to the federal status, crowd-sourced science has virtually replaced clinical research, being ‘loosely’ conducted without the usual controls or theoretical frameworks.” She also describes how the industry itself has reacted to the notion that products should be scientifically tested and verified. “I think that the Cannabis community was really skeptical of analytical laboratory work in the beginning, particularly when the result did not come back as they would have hoped,” she explains.

The interview also covers Dr. Sexton’s personal career and how she came to be involved in the cannabis industry. “I became interested in the potency of cannabis when I was working as a postdoctoral fellow at the University of Washington. I was learning to measure endogenous cannabinoids in human serum and studying the role of this system in neuroinflammation. My research project hypothesized that Cannabis was a potential ‘supplement’ to a deficient endocannabinoid system in patients with Multiple Sclerosis.”

The full interview is available on Ganjapreneur’s website.

About Ganjapreneur:

Ganjapreneur launched in July 2014 and has since established a significant presence in the cannabis business world. The website regularly publishes interviews and commentary from leading minds in the industry, and has also launched a B2B business directory, a live feed of job listings from marijuana job boards, a domain name marketplace for start-ups and venture capital firms, and a mobile app for Apple and Android devices which aggregates daily cannabis industry news, business profiles, and other information.

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Washington Senate Passes Bill to Restructure Legal Marijuana Taxes

4/03/2015

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The Washington state Senate has approved a bill that would change the current tax structure for recreational cannabis.

As it stands, the system places a 25% excise tax three separate times on marijuana entrepreneurs as products move from the grower to the consumer. The proposed bill, Senate Bill 6062, would remove the multi-layered tax system and replace it with a one-time 37% excise tax on marijuana transactions between retailers and consumers.

The bill was passed 26-22 early on Friday and now moves to the House for consideration, according to an AP report.

Under the proposed changes, the first $11.7 million in annual marijuana taxes will go to the general fund ($6 million of which will be set aside for local governments that haven’t passed a moratorium or taken other legal action against marijuana businesses) and the remainder will go to an education fund.

This could be a turning point for Washington’s cannabis industry, which has been widely criticized for its heavy-handed taxation since retail stores first opened in July, 2014.

Sources:

http://www.washingtontimes.com/news/2015/apr/3/senate-oks-bill-changing-tax-structure-of-marijuan/

Photo Credit: Marc Fuyà

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