Recent Posts

Breaking News: California Cannabis Emergency Regulations (Part Deux)

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california marijuana cannabis

Whenever government enacts new regulations there will always be some people and businesses that will be unhappy with the new changes. So, it came as no surprise when California embarked on its mission to create a state licensing regime for cannabis businesses (as well as personal use) that issues would arise. What made enacting cannabis regulations in California so difficult is that ever since Californians voted for the Compassionate Use Act in 1996 (a/k/a Prop 215), cannabis cultivators, manufacturers, and dispensaries were operating without regulations in what everyone conveniently called the legal “grey” area (a Michael Cohen area of practice).

That all changed when the state legislature passed the Medical Cannabis Regulation and Safety Act (MCRSA) in 2015 and a majority of the good people of California voted in favor of the Adult Use of Marijuana Act in 2016 (AUMA). In June of 2017, California Governor Jerry Brown signed into law Senate Bill 94 (a/k/a the Medicinal and Adult-Use Cannabis Regulation and Safety Act a/k/a MAUCRSA).MAUCRSA merged medical and adult-use cannabis activities under one regulatory regime and empowered three state agencies to license and regulate the commercial cannabis industry: The California Department of Food and Agriculture (cultivators, processors, and nurseries); the Department of Public Health (manufacturers); and the Bureau of Cannabis Control (distributors, retailers, delivery-only retailers, microbusinesses, and testing labs). …

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Medical Marijuana for Glaucoma: Does It Work?

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Glaucoma is a deteriorating eye disease that affects many people across Canada. Using medical marijuana to treat glaucoma can help patients alleviate symptoms. While it can be effective at providing pain relief, this medication isn’t without its critics, which leaves some wondering whether this medication is truly effective. 


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/medical-marijuana-for-glaucoma-does-it-work…

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Pruning Cannabis Plants

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In this series of posts we’re taking a comprehensive look at a range of techniques used by growers to shape cannabis plants and facilitate cultivation. Pruning and training are essential tools to control the way our plants grow, whether to restrict height, maximise yields or as a management tool for the indoor cultivator trying to control multiple varieties in one grow space.

This plant was pruned multiple times

Pruning plants is a great way to maximise flower sites

When discussing these techniques, we can essentially split them into two basic types of method:

  • Destructive pruning methods that effect some kind of damage on the plant, like pinching out, FIM, super-cropping etc.
  • Non-destructive training techniques designed to minimise damage, such as LST (Low Stress Training), SCROG, etc.

Choosing between pruning or training as a method to control your plants is largely a matter of personal preference. Many gardeners dislike the “destructive” methods, which effectively damage the plant as part of the process, provoking a certain amount of stress and creating potential entry points for infection in the wounds left behind. For this reason some growers prefer to use non-destructive methods of bending and tying-down to control height and shape plants, an approach known as LST or Low Stress Training, which we examine in detail in another post. In this article we’re going to concentrate on …

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California Cannabis Countdown: City of San Jose (Hearing Monday!)

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California has 58 counties and 482 incorporated cities across the state, each with the option to create its own rules or ban marijuana altogether. In this California Cannabis Countdown series, we cover who is banning cannabis, who is embracing cannabis (and how), and everyone in between.  For each city and county, we’ll discuss its location, history with cannabis, current law, and proposed law to give you a clearer picture of where to locate your California cannabis business, how to keep it legal, and what you will and won’t be allowed to do.

Our last California Cannabis Countdown post was on the Town of Truckee, and before that the City of Cotati, the City of San Luis Obispo, the City of Redding, the City of San Rafael, the City of Hayward, Alameda County, OaklandSan FranciscoSonoma County, the City of Davis, the City of Santa RosaCounty and City of San BernardinoMarin CountyNevada County, the City of Lynwood, the City of CoachellaLos Angeles County, the City of Los Angeles, the City of Desert Hot SpringsSonoma County, the City of Sacramento, the City of BerkeleyCalaveras CountyMonterey Countyand the City of

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As Cannabis Businesses Grow, So Do Applicable Employment Laws: Part 1

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california cannabis employee
More employees. More laws.

Cannabis companies are subject to both state and federal employment laws and regulations. Certain employment laws only kick in once your cannabis business employs a certain number of employees. This post will the first in a series to explore when different employment laws take effect, relative to the size of your workforce. Today’s post focuses on California’s Sexual Harassment Requirements.

As we have discussed in the past, sexual harassment policies and trainings are very important for every cannabis business. California’s anti-discrimination and harassment statutes and implementing rules are some of the most comprehensive in the country. California has strict anti-harassment requirements and is one of the few states that requires certain private sector employers provide sexual harassment training for managers and supervisors. The anti-discrimination and harassment statute has different requirements depending on the size of the employee workforce.

California’s Fair Employment and Housing Act (“the Act”) requires all California employers to take reasonable steps to prevent discrimination and harassment from occurring. This requirement means that employers have to: 1) distribute the Department of Fair Employment and Housing’s brochure on sexual harassment (or a writing that complies with statutory requirements); 2) post an anti-discrimination poster and; 3) develop and distribute a written harassment, discrimination, and retaliation prevention policy. The requirements of the anti-harassment and discrimination policy are …

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California Cannabis: San Luis Obispo Slowly Proceeds Toward Regulation

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San Luis Obispo California marijuana cannabis

As of May 1, the City of San Luis Obispo is one step closer to permitting adult-use cannabis retail stores. At its most recent meeting, council members approved the first reading of a draft ordinance intended to regulate marijuana businesses. Currently, Ordinance 1633 which was adopted in March 2017, expressly prohibits all commercial and industrial, medical and recreational cannabis activity within city limits.

Pursuant to Ordinance 1633, the Council directed staff to monitor developments in other jurisdictions, monitor development at the federal level, engage with the community regarding various land use and taxation issues, and return to the City Council with a recommendation. We now have those recommendations, which would establish new Municipal Code provisions that would become effective if a cannabis revenue measure is placed on the November 2018 General Election ballot and approved by voters.

Specifically, staff recommended “repealing the current ban on commercial cannabis business activity and establishing standards to protect public health and safety regulating personal cannabis cultivation, cannabis business operators, and permitted cannabis business activities in the City.” Staff also recommended land use regulations for commercial cannabis activity and personal cultivation and provided for the creation of overlay zones where the proposed regulations would apply.

Before regulations are adopted, though, staff will still need to return to City Council with additional implementing measures, including …

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Crypto Currencies And Drug Legalization

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As drug legalization spread, banks are often reluctant to process payments for marijuana companies.  The main reason as so long as drugs are illegal under the federal government of the US, major payment processors such as Mastercard, Visa, PayPal, among others will not process those transactions.  Marijuana vendors are then forced to either credit unions […]

The post Crypto Currencies And Drug Legalization appeared first on LIWTS.

Source: https://www.liwts.org/cannabis/crypto-currencies-drug-legalization/…

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CBD Pills: Uses, Benefits & Side Effects

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CBD pills

Once upon a time, the only way to get the cannabidiol you needed was to smoke your favorite high-CBD strain. These days, CBD fanatics have so many more options:

Now you can add one more method to the growing list of choices: CBD pills. One of the major benefits of CBD pills (as we’ll discuss at length below) is that they’re discreet. Have you ever noticed that pretty much everyone takes a pill of one kind or another? Getting your CBD in pill form means you’ll blend right in.

But what are the other benefits of CBD pills? How can you use them? And are there any side effects? The experts at Honest Marijuana tell you everything you need to know about one of the newest forms of CBD medication.

CBD Pills: Uses

CBD pills—and the cannabidiol (CBD) they contain—can be used to treat a wide variety of ailments and disorders. Here are just a few of the main uses for CBD pills.

1) Reduce Pain & Inflammation

CBD acts on the vanilloid receptors in your brain. These receptors regulate pain perception and inflammation throughout your body. So when CBD triggers the vanilloid receptors, pain and inflammation go down. This makes CBD pills a possible …

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22 Mind-Blowing Ways To Use CBD Honey

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CBD Honey

Honey is awesome! It’s got a long list of health benefits, and it tastes good to boot. There are very few natural, edible options that pack the same punch. High-CBD cannabis is the other one that comes to mind.

As great as those two things are separately, just imagine what they could do together. It’s unlike anything the world has seen since Milton Hershey combined peanut butter and chocolate. Yeah, CBD honey is just that good.

But how should you use CBD honey to get the most benefits? The experts at Honest Marijuana show you 22 ways to use your liquid gold for health and happiness. We’ll even show you a quick and easy way to make your own CBD honey in case your local dispensary doesn’t have any in stock.

For organizational purposes, we’ve divided the list into two categories:

  • Edible Ideas
  • Topical & Medicinal Uses

We did this because CBD honey is more than just a tasty treat. You can also use it on your skin or mix it with one or two other ingredients to relieve various ailments. So if you’re looking for the Swiss Army Knife of the food world, check out our list of 22 ways to use CBD honey.

22 Ways To Use CBD Honey

CBD honey can be used as a substitute …

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U.S. Supreme Court Sets a Great Precedent for Cannabis

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marijuana cannabis supreme court
Nice work by the Court.

Back in December, we wrote about Murphy v. NCAA (“Murphy”), a case where the State of New Jersey challenged a federal law that bans states from allowing sports gambling. We explained that this case has important implications for state-legal marijuana programs, because it asks whether the Constitution’s anti-commandeering doctrine prevents the federal government from forcing states to ban certain activities. The case took a long and winding path, but on Monday, the U.S. Supreme Court ruled by an impressive 7-2 margin that federal prohibition did not preempt the state’s gambling laws. This is great news for cannabis.

We have argued on this blog that applicable law prohibits the feds from shutting down state cannabis programs. In support of this argument, we have observed that the Tenth Amendment (the source of the anti-commandeering doctrine), coupled with the express, anti-preemption language of the federal Controlled Substances Act, grants the states ample authority to run cannabis programs. Given the precedent established in Murphy on Monday, it is hard to imagine any other outcome if the feds were attempt to enjoin (shut down) a state licensing program for marijuana.

In reaching its opinion, the majority acknowledged that the question of whether to legalize sports gambling “is a controversial one” that “requires an important policy choice.” But …

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How Cannabis Oil Helps Reduce the Pain of Inflammation

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Inflammation can be treated in a number of ways. Those suffering from it have no doubt tried the mainstream methods, from over-the-counter ointments to prescription medications. Cannabis oil is a different kind of treatment method available for patients with an authorization. Here’s how this oil works to reduce pain associated with inflammation.


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/how-cannabis-oil-helps-reduce-the-pain-of-inflammation…

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Free Webinar this Thursday, May 17! Intellectual Property in the Cannabis Industry

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intellectual property marijuana cannabis

We have been counting down the days until this Thursday at 12pm PST, when Harris Bricken will present a free, lunch-hour webinar entitled “Intellectual Property in the Cannabis Industry.” Registrations for this webinar have been impressive to date, and we expect the number to continue to surge in the next 48 hours.

Protecting and monetizing intellectual property (IP) in the cannabis industry is an important but challenging step for most businesses. The market is highly dynamic and competitive, and in addition to state and local rules, federal law creates an unusual environment. Several cannabis businesses have established significant market share through the creation and leveraging of intellectual property. Others have been served demand letters or lawsuits because their branding allegedly infringes upon existing protected IP – whether owned by cannabis businesses or non-cannabis businesses. As a corporate cannabis law firm serving the marijuana industry since 2010, we have seen just about every possible scenario.

This webinar is designed to help you gain a high-level understanding of cannabis IP and how to use it. Vince Sliwoski will moderate a discussion by intellectual property attorneys Alison Malsbury, John Mansfield, and Mike Atkins, who will provide a detailed overview of what you need to know to protect your cannabis brand. The attorneys will cover topics such as the following:

  • Categories

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Cannabigerol CBG: The main precursor to all cannabinoids

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What is CBG?

  • Name: Cannabigerol
  • Formula: C21H32O2
  • IUPAC name: 2-[(2E)-3,7-dimethylocta-2,6-dienyl]-5-pentylbenzene-1,3-diol
  • Molecular mass: 316,48 g/mol
  • Boiling point: Not available
  • Apearance: White powder/crystals

Discovered by Gaoni and Mechoulam in 1964, CBG or cannabigerol is one of the cannabinoids exclusively produced by the cannabis plant, which is stored in the trichome heads with the rest of cannabinoids and terpenes. While the CBG content in most plants is often low or very low – in most cases lower than 1% – this particular compound is crucial for cannabinoid synthesis, as we have known for the past 4 decades ( (Shoyama, Yagi and Nishioka, Phytochemistry Journal, October 1975). As a general rule, hemp contains higher amounts of CBG than commercial, narcotic cannabis strains.

CBG is a non-psychoactive phytocannabinoid, which means it is produced by plants and does not “get you high”. It is believed that it has multiple medicinal properties which can be used to treat different conditions, and is also precursor – its acid form, to be exact – to the main cannabinoids (THCA, CBDA, CBCA) secreted in the trichome heads, which in turn explains the low percentage of CBG found in mature plants when compared to their THC or CBD content.

CBG (cannabigerol) molecule

CBG (cannabigerol) molecule

CBG and the synthesis of cannabinoids

Cannabinoid synthesis in marijuana plants starts with the production of cannabigerolic

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California Approves First Commercial Cannabis Landlord Insurance Coverage

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california cannabis insurance
In California, it just got easier for landlords.

One of the most important elements of a commercial tenancy is insurance. Generally, the landlord maintains property insurance for damage to the building, existing improvements, and surrounding property, as well as liability insurance for bodily injury and property damage occurring on the premises. The landlord will typically pass the cost of that coverage on to the tenant as an operating expense, proportionally according to the tenant’s share of space in the building. The tenant will typically be required under the lease to carry, at its own expense, property insurance on all tenant improvements and tenant personal property, as well as its own liability policy covering injury and property damage occurring on the premises.

Because marijuana remains a Schedule I controlled substance that is federally illegal to produce or sell, most traditional insurance companies have declined to write insurance policies for the commercial cannabis industry. This relates to the federal illegality or marijuana itself, and also the increased risk associated with commercial cannabis as a result of such illegality, e.g. increased rate of loss from theft or burglary. As a result, landlords and tenants alike have often had to look to non-admitted carriers or surplus lines insurers to write a rider on a policy to cover cannabis activity. Such coverage is often extremely …

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Cannabis and Arthritis: Can Marijuana Help Relieve Joint Pain?

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Arthritis is just one way to refer to rheumatic diseases that wreak havoc on the body, causing swelling, pain, and inflammation around different joints. Marijuana is a beneficial alternative for combatting joint pain. Here’s why.


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/cannabis-and-arthritis-can-marijuana-help-relieve-joint-pain…

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Filing a Defensible Cannabis Trademark Application: The Bona Fide Intent Requirement

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marijuana cannabis trademark

An issue we’ve seen with increasing frequency among clients and prospective clients alike is a misunderstanding of the basic requirements for obtaining federal trademark protection in the United States. We’ve worked through the issues surrounding federal registration of cannabis and cannabis-goods before, and it is common practice in the cannabis industry to obtain federal trademark protection for ancillary goods and services that do not violate the Controlled Substances Act. But the key to obtaining such trademark protection is that you must either be using the applied-for mark in commerce, or you must have a “bona fide intent” to do so. This post will explore what exactly it means to have a bona fide intent to use a mark in commerce, and what level of proof will be required to substantiate it.

A common scenario is that a cannabis business owner thinks of a name that sounds great–one they would ideally like to use on their cannabis goods and services–but they know they can’t obtain federal trademark protection for anything that is federally illegal. So, they start brainstorming similar goods and services for which they could register, oftentimes looking to large, established companies’ trademark registrations for inspiration. The problem, however, is that the cannabis company often does not have a plan in place for actually selling those goods or services. This …

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The Business of Marijuana in Oregon: Join us June 7th!

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marijuana oregon seminar

On June 7, our own Vince Sliwoski will chair an all-day continuing legal education (CLE) event called The Business of Marijuana in Oregon, along with Jesse Sweet, a lawyer and senior policy analyst at the Oregon Liquor Control Commission (OLCC). This will be Vince’s fourth year presenting at the event and his third year as chair. The roster of speakers lined up for this CLE is better than any year to date, and everyone, including non-lawyers, would be well served to attend. For a full event description, including topics, speakers and registration links, click here.

Looking back over the past four years, it is amazing to see how much things have changed in Oregon cannabis. At this point, the OLCC’s recreational marijuana program is fully built out, with over 3,400 applicants now on file with the state. We are proud to call many of these Oregon producers, processors, wholesalers and retailers our clients, alongside the many investors and ancillary service providers we represent.

Sometimes, it is said that pioneers get slaughtered and settlers get rich. Now that the Oregon regulatory groundwork has stabilized, we have begun to see a second wave of entrepreneurs and investors move in on the local industry. Many of these new entrants bring skills, capital and experience from other regulated markets, while others are …

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California Cannabis Legislative Update: So Many Bills

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california marijuana cannabisEver since the passage of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), the California legislature has been busy debating and amending a wide variety of laws related to cannabis. We have been tracking these developments so you don’t have to. Below is an update on pending California cannabis legislation.

AB 2914 loosens the protections on alcohol and tobacco retailers and no longer prohibits those retailers from being able to apply for and obtain a commercial cannabis license. However, AB 2914 will continue to prohibit the infusion of cannabis and alcohol products. This bill was introduced on February 16, 2018 and was amended in assembly on May 1, 2018.

AB 2255 prohibits a law enforcement officer from being able to seize cannabis and cannabis products from licensed distributors who are in violation of MAUCRSA. If a licensed distributor is transporting cannabis in excess of what is stated on its shipping manifest, they will be issued a fine depending on whether this is a first, second, or additional violation. However, a law enforcement officer may still seize cannabis or cannabis products if the law enforcement officer has probable cause to believe a criminal violation has occurred. The bill clarifies that if a shipping manifest has been counterfeited, this would amount to a criminal violation. This bill was introduced on …

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Honest Marijuana Vaping Temperature Chart: 2018 Guide

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Vaping temperature chart

Want a quick, easy, and healthy way to consume the cannabis you need? Give vaping a try! But don’t just rush out and buy the first box that says “vape” on it. You may not be getting the right product.

That’s because the temperature at which you “burn” your marijuana is almost as important as the strain you choose. But don’t worry—the experts at Honest Marijuana have created a vaping temperature chart so you can make sure you’re always getting exactly what you need.

Along the way, we’ll also talk about:

  • Cannabinoids
  • How temperature affects cannabinoids
  • Why vape gear operates at lower temperatures
  • How to adjust temperature for specific effects

We’ll also give you some general guidelines for vaping and suggest an ideal temperature for your vaping experience.

But before we get to our vaping temperature chart and all those other goodies, let’s discuss the chemical makeup of cannabis. That way, you’ll know what’s going on inside your joint, bong, steamroller, or dab rig.

Cannabis And Cannabinoids

Cannabis makeup

Cannabis is made up of 113 different chemical compounds called cannabinoids. Cannabinoids can occur in different concentrations based on the specific strain and how it’s grown.

The most well-known cannabinoids are:

These molecules are the stuff that gets you high, relieves your pain, …

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Cannabis Taxation: Does IRC Section 280E Apply to Industrial Hemp?

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industrial hemp tax 280E
Not always taxed like marijuana, in theory.

Short answer: It depends.

As we discussed last week, the US Court of Appeals for the 9th Circuit in Hemp Industries Assn. et.al., vs. U.S. Drug Enforcement Admin., upheld the Drug Enforcement Administration’s (DEA) broad rule creating a separate classification for “Marijuana Extracts.”  Marijuana Extracts are broadly defined as “any extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis”. The ruling received an extraordinary amount of press, but lost in all of this breathless reportage was a very important point for a certain class of hemp businesses: The Court explicitly stated that the 2014 Farm Bill (“Farm Bill”) preempts the federal Controlled Substances Act (CSA). Accordingly, expenses incurred through an activity conducted strictly within the parameters of the Farm Bill arguably are not subject to IRC §280E.

Businesses that are operating outside the narrow parameters of Section 7606 of the Farm Bill, however, whether trading in hemp or any derivative product, will have to deal with IRC §280E. As a refresher, the Farm Bill allows a state to grow “Industrial Hemp” if it has implemented an official agricultural pilot program. These pilot programs, generally administered through state Departments of Agriculture, issue licenses or permits to businesses and individuals, allowing the cultivation

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What New Medical Cannabis Patients Should Know about Licensed Producers

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Licensed producers provide patients a legal way of filling their medical cannabis authorization. They have a unique set of rules that allows them to grow and sell this drug within Canada. If you’re a new user of this authorization, keep reading to understand who licensed producers are and how they work.

Book a Telemedicine Appointment


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/what-new-medical-cannabis-patients-should-know-about-licensed-producers…

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Origins of Brothers Grimm Seeds and interview with MrSoul

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The history of this North American cannabis seed company Brothers Grimm is quite uncommon, especially if we take into account the huge success of their strains since they were first introduced in the market in 1996. Indeed, and before their withdrawal from the seed market in 2002, some of their genetics had already become true classics in the cannabis scene, with names that will surely sound familiar to you: Cinderella 99, Apollo 13, Killer Queen or Rosetta Stone just to name a few. Over time, this varieties have also become the baselines for many other hybrids from breeders across the globe.

Brothers Grimm Seeds, living history of cannabis breeding

Brothers Grimm Seeds, living history of cannabis breeding

The number of awards won by both Brothers Grimm Seeds varieties and other strains developed from their genetics is simply astounding. But, how did it all started? Let’s take a look now at the origins of this company, their flagship genetics and, of course, the exclusive interview with MrSoul!

Origins of Brothers Grimm Seeds

It all started when MrSoul – one of the founders of the company – contacted the dutch seed bank Super Sativa Seed Club in 1987. Soon after, he was already distributing their seeds throughout the American territory. The access to new and amazing genetics, as well as his knowledge on engineering (he had studied nuclear engineering …

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On the Fringe of California Cannabis Investing: Avoiding “Ownership” and “Financial Interests”

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california marijuana cannabis invest own

Passage of California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA“) has opened the doors to institutional investing in California cannabis companies. California’s lack of a residency requirement for investors and its relatively limited investor disclosure and background requirements have made it popular for institutional investors looking to invest in cannabis. In that sense, California is building out its program to mirror wide-open states like Oregon, and not protective states like Washington.

There are two main types of California cannabis applicants: owners and financial interest holders. To be legally considered an “owner” under California’s cannabis regulations, one does not actually need equity in the applicant’s cannabis business. “Owner” means any of the following:

  1. A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, encumbrance;
  2. the chief executive officer of a nonprofit or other entity;
  3. a member of the board of directors of a nonprofit; and
  4. and any individual who will be participating in the direction, control, or management of the person applying for a license.

An individual who directs, controls, or manages the business includes any of the following: a partner of a commercial cannabis business that is organized as a partnership; a member of a limited …

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California Cannabis: Hilary Bricken to Present at Wine and Weed Symposium Tomorrow

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Our own Hilary Bricken will have the great pleasure of speaking at the Central Coast Wine and Weed Symposium (presented by the Wine Industry Network) tomorrow, May 10, in San Louis Obispo. While the Symposium will focus on a variety of topics covering the cross section of the wine and cannabis industries, Hilary’s panel will specifically cover “Wineries & Cannabis: What You Can & Can’t Do” in regards to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) and its corresponding emergency rules.

The breakdown of Hilary’s panel is as follows:

On January 1st, California finally kicked it off its newly regulated adult use and medical cannabis markets, creating a plethora of business opportunities, some of which will undoubtedly impact the wine industry, both positively and negatively. However, acquiring state licenses and local approval to operate within the confines of the law can be challenging, costly and confusing, as state regulations and tax policies remain a work in progress and local commercial cannabis ordinances are different from one county and city to the next. In addition, with three separate state agencies taking on the comprehensive regulation of all kinds of cannabis businesses, understanding regulations across agencies is of the utmost importance to would-be cannabis entrepreneurs.

This interactive session, featuring leading cannabis legal experts, will address questions regarding what’s permitted

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7 Ridiculous Medical Marijuana Myths You Should Know

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People don’t always know what they’re talking about, and this is particularly true when discussing medical marijuana. Here are seven creative myths and why they aren’t true.


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/7-ridiculous-medical-marijuana-myths-you-should-know…

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Cannabis and endometriosis

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The use of medical cannabis to treat ailments and the symptoms of a large number of diseases is becoming increasingly common, as are the many users who testify to its effectiveness compared to the so-called “synthetic drugs”. While sometimes the use pharmaceutical medicines may be essential, we are increasingly more aware of the medicinal properties of cannabinoids and terpenes and how to use them, either to alleviate the symptoms caused by the disease itself, or to mitigate possible adverse effects of medications or treatments.

One condition for which cannabis seems to be of great help is endometriosis, a chronic disease estimated to affect more than 170 million women worldwide, and one that in many cases goes undiagnosed. This past March was the Endometriosis Awareness Month, a global initiative aiming to raise awareness of this problem and encourage governments and organisations to actively fight against this disease.

Endometriosis sufferers can often find relief with cannabis

Cannabis can alleviate many of the symptoms of endometriosis

What is endometriosis?

As we saw in our article on cannabis and menstruation, each month women lose endometrial tissue during their period, the tissue that normally envelops the uterus. Endometriosis is a gynaecological disease in which said tissue (endometrium) also grows in other internal areas of the body such as the ovaries, fallopian tubes or intestines. We can define it as …

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Court Expands Federal Equal Pay Act: Look Out Marijuana Businesses!

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employment cannabis marijuana
Equal pay is not only the right thing to do, it’s required by the law.

Equal pay legislation is sweeping the country. Oregon, Washington, and California all have equal pay legislation on the books that directly affects cannabis businesses. These equal pay laws require employers to pay employees the same amount for substantially similar work and prohibit employers from basing salaries on employee’s sex. Oregon and California’s laws, in specific, prohibit employers from asking applicants about their past salaries. With the cannabis industry growing so quickly, it is only a matter of time before employers start tripping on these new laws.

Following the trend of these state laws, a recent 9th Circuit Court of Appeals decision similarly expanded the federal Equal Pay Act to prohibit employers from basing an employee’s pay on past salaries and likely prohibit employers from asking about past salaries.  This decision applies to businesses, included, licensed cannabis businesses, in California, Washington, Nevada, Arizona, Oregon, Alaska, Hawaii, Idaho, and Montana. The ruling is especially significant in California and Oregon because employers can now be in violation of both the state law prohibiting questions about past salary and the federal Equal Pay Act.

The 9th Circuit’s decision comes from a case called Rizo v. Yovino. The plaintiff, Aileen Rizo, was hired by Fresno …

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Is a Cannabis Cap Coming to Sacramento? Hearings Tomorrow and Thursday!

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If you’ve been following the state of affairs of commercial cannabis licensing in California, you know that it really is a tale of two cities (or counties). Both the Medicinal Cannabis Regulation and Safety Act (passed by the California state legislature in 2015) and the Adult Use of Marijuana Act (passed as a ballot measure by a majority of Californians in November of 2016) granted absolute discretion to local jurisdictions in determining how they wanted to regulate commercial cannabis activities. This deference to local jurisdictions was included in Senate Bill 94 (a/k/a the Medicinal and Adult Use Cannabis Regulation and Safety Act), which merged California’s medical and adult-use cannabis regulations under one regulatory regime. Although granting local jurisdictions the authority to regulate cannabis businesses was a necessary concession to get statewide cannabis legislation passed, in practice it’s the local jurisdictions that have been a significant impediment to bringing cannabis operators into the regulated market (which we’ve covered here and here).

Very few of California’s 482 cities and 58 counties are allowing medicinal and adult-use commercial cannabis activities within their borders. Instead of seeing cannabis businesses operating evenly throughout the state, what we’re seeing is an undue concentration in just a select few jurisdictions. The fact that so many California jurisdictions have outright commercial cannabis bans in place is forcing …

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Watch Out California Cannabis Businesses: New Worker Classification Test

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california marijuana cannabis employment
Don’t misclassify your workers!

Independent contractors can come in very handy for a cannabis business. They may be useful for everything from developing product lines to infrastructure build-out. As a legal matter, correctly classifying workers associated with cannabis businesses as either an independent contractor or an employee is extremely important. Misclassifying an employee as an independent contractor can come with hefty civil penalties for failure to pay payroll taxes, unemployment insurance, and other state mandated benefits. Willful misclassification of workers even comes with criminal liability in some states.

California’s Supreme Court recently issued a ruling that will make it much more difficult for companies to classify workers as independent contractors in that state. In Dynamex Operations West Inc., v. The Superior Court of Los Angeles County, delivery drivers that had been classified as independent contractors filed a class action lawsuit against Dynamex for violations of California wage orders and misclassification. The Supreme Court, in a sweeping decision, eliminated the complex, ten-factor test that was used to determine if a worker was an independent contractor or an employee. The Supreme Court in Dynamex set a new, much simpler, standard. Workers are presumed to be employees of the company unless the employer can establish:

  1. “That the worker is free from the control and direction of the hirer in connection with the

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International Cannabis Spotlight: The Netherlands

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netherlands holland cannabis marijuana

Everyone knows the Netherlands (especially the City of Amsterdam) as a pot capital of the world. Ironically, cannabis sales in the Netherlands are illegal. The country has decriminalized its use and possession to a certain extent, but law enforcement may impose a fine or misdemeanor upon a person in possession of marijuana-based drugs. However, the government has made it clear that prosecution of cannabis possession, in particular, is the lowest enforcement priority and there will likely never be a criminal investigation over cannabis prosecution.

Because of this, cannabis coffee-shops (i.e., retailers) have proliferated in the Netherlands. The government allows cannabis coffee-shops to sell cannabis to anyone as long as they follow certain regulations. Specifically, coffee-shops are not allowed to: (1) advertise, (2) trade in hard drugs, (3) sell drugs to minors, or (4) sell drugs in quantities of more than 30 grams. They are also responsible for preventing any public disturbance or nuisance.

Although there is a system in place for selling cannabis in the Netherlands, the cultivation and producing of cannabis is illegal. Retailers must rely on the black market to supply their stores. In order to combat the growth of the illegal market, the Netherlands’ government introduced a proposal that would allow certain Dutch states to legally produce and sell cannabis for a four-year trial period. This regulated …

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Federal Court Denies Review of DEA’s Marijuana Extract Rule

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CBD hemp extract
The law on CBD is still a maze.

If you were hoping for some clarity as to the legality of industrial hemp and cannabidiol (CBD) derived from industrial hemp, I have some (mostly) bad news.

On Monday, the US Court of Appeals for the Ninth Circuit denied a lawsuit challenging the Drug Enforcement Administration’s (DEA) controversial Marihuana Extracts Rule. In Hemp Industries Assoc. v. DEA, the petitioners and other industry groups challenged the DEA’s rule creating a new drug code number for “”Marihuana Extracts” which is defined to include any extract “containing one or more cannabinoids that has been derived from any plant of the genus Cannabis.” This rule is so broadly drafted that it seems to prohibit extracts from parts of the cannabis plant that are legal or at least unregulated under federal law. Petitioners requested the Court clarify or strike down the DEA’s land-grab rule.

The Court denied both requests. Rather than diving into the substance of petitioners complaint, the Court dismissed the action on largely procedural grounds, as we recently predicted it would. First, the court pointed to the fact that petitioners failed to make an argument to the DEA while it was accepting comments on the Marihuana Extract Rule and are therefore barred from raising those issues before the Court. Petitioners claimed that …

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