Recent Posts

Sticky Weed: What Is It And Is It Good?

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Sticky weed close-up

Usually, when it comes to sticky, we are not a fan (sticky fingers, sticky hands, sticky floors, sticky counters…). But give us some sticky weed, and we’re happy as a clam at high tide (no scrubbing required).

Those of you new to the canna-experience — and even some long-time canna-enthusiasts — may not be familiar with sticky weed. That’s okay. It doesn’t make you a bad person.

We’re here to help. In this article, we’ll tell you everything you need to know about sticky weed and why you should get ahold of a few gooey nugs for yourself.

What Is Sticky Weed?

Sticky weed (or “sticky icky”) is a slang term for marijuana flowers that still contain a good deal of resin in their trichomes. It’s this resin (or essential oil) that gives sticky weed its name.

Think of it like the sap of a plant. Or like maple syrup for those of you who’ve already had enough biology for the day. Either way, it’s what makes this type of weed sticky to the touch.

So is that stickiness a good thing? Or should you smoke something dryer instead?

Is Sticky Weed Any Good?

Usually, with something sticky, we’d tell you to drop it like it’s hot. But with sticky weed, all we can say is, “Hold on to that …

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What You Need to Know Now: BCC Drops Revised, Proposed, Permanent Cannabis Rules

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california bcc cannabis rules
Huge changes ahead. Get your comments in by Nov. 5!

Last Friday, we wrote about the amended proposed permanent cannabis regulations that are now in a 15-day notice-and-comment period for each California agency—the Bureau of Cannabis Control (“BCC”), Department of Public Health (“DPH”), and Department of Food and Agriculture (“DFA”). Each of the proposed rules can be found here, here, and here. The next round of written public comments is due to each agency by November 5, 2018. It’s important then for California cannabis businesses to get a handle on the proposed regulations as quickly as possible to determine whether to provide written comments since some impactful changes are coming.

Here are the key proposed changes from the BCC regulations:

Intellectual Property Licenses: Yesterday, we explained the threat that the BCC’s regulations pose to cannabis intellectual property licensing in California. Our California cannabis lawyers are regularly involved in intellectual property licensing deals and we think it’s critical for cannabis businesses to speak up in opposition to this proposed rule. California would be the only state in the cannabis union to bar third-party IP-licensing deals for cannabis licensees, which will certainly undercut the business growth of a good amount of operators if this rule passes.

“Owners”: The BCC modified the definition of “owner” (as well

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California’s Proposed Modified Cannabis Regulations Could Prohibit Intellectual Property Licensing (!)

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california cannabis marijuana
Get your comments in by Nov. 5 and help us fix this.

On Friday, the California Bureau of Cannabis Control, California Department of Public Health, and California Department of Food and Agriculture issued 15-day notices of modification to the texts of their respective proposed regulations. The California Cannabis Portal has published links to each notice and the modified texts of the proposed regulations. For each set, the respective Department will accept written comments submitted by November 5, 2018.

And to all parties currently engaging in intellectual property (IP) licensing or manufacturing deals as or with a non-licensee, you should most definitely submit your written comments if you want to be able to keep those deals alive. The modifications to the text of the proposed regulations include the following:

5032. Designated M and A Commercial Cannabis Activity

(a) All commercial cannabis activity shall be conducted between licensees. Retail licensees, licensed retailers and licensed microbusinesses authorized to engage in retail sales may conduct commercial cannabis activity with customers in accordance with Chapter 3 of this division.

(b) Licensees shall not conduct commercial cannabis activities on behalf of, at the request of, or pursuant to a contract with any person that is not licensed under the Act. Such prohibited commercial cannabis activities include, but are not limited to, the following:

(1) …

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Paying Cannabis Workers Equally Under the Oregon Equal Pay Act: Part 2

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equal pay oregon marijuana employmentIn 2017 Oregon passed sweeping Equal Pay Legislation. Towards the end of August, Oregon Bureau of Labor and Industries (BOLI) issued draft rules implementing the Oregon Equal Pay Act. This series of post is exploring those new rules and how they will affect cannabis businesses. In my last post, I unpacked the definition of “compensation” under the Equal Pay Act and the proposed rules. This week I’ll discuss “work of a comparable character.”

The Oregon Equal Pay Act prohibits employers from paying wages or other compensation to “any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of a comparable character.” To put it simply, cannabis businesses need to pay employees doing the same work the same pay. But what is “work of a comparable character?”

Work of a comparable character is not determined simply by job title alone. Two cannabis workers who have the same job title but perform different tasks are not necessarily performing “work of a comparable character.” Similarly, two cannabis workers that perform essentially the same tasks but have different job titles may be performing work of a comparable character.

According to the BOLI draft rules, to determine if different jobs constitute “work of a comparable character” the employer must …

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Breaking News: California Cannabis Agencies Modify Proposed Regulations

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california cannabis regulations
Here we go again!

This morning, the California Bureau of Cannabis Control, California Department of Public Health, and California Department of Food and Agriculture issued 15-day notices of modification to the texts of their respective proposed regulations. The California Cannabis Portal has published links to each notice and the modified texts of the proposed regulations. For each set, the respective Department will accept written comments by November 5, 2018.

Stay tuned to the Canna Law Blog for future posts analyzing modified proposed regulations, which are extensive.

Source: https://www.cannalawblog.com/breaking-news-california-cannabis-agencies-modify-proposed-regulations/…

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Watching Your Backside in California Cannabis: Indemnification Issues

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california cannabis indemnity
Don’t skim over that indemnification clause!

Coming from Seattle to Los Angeles, I’ve already seen one state flip from being a “gray medical cannabis state” to a fully regulated licensing system and I understand how painful a process this can be. So much of what I saw in Washington State is now happening in California.

In California today, folks are jockeying for operational licenses on the state and local levels under MAUCRSA and “the cream” is rising to the top, just as it did in Washington. One-to-two-person shops and mom and pop operators are feeling the financial pinch of licensing costs and compliance woes. The secondary market for buying cannabis businesses is also beginning to open up as cities and counties solidify and stick with their local cannabis entitlement programs. Transactions between cannabis licensees are becoming increasingly sophisticated, from IP licensing agreements, to distribution agreements, to white labeling agreements, to purchase and sale agreements for inventory.

And just as happened in Washington State at the onset of legalization there, we are seeing many cultivators and manufacturers overpromising on what they can deliver, more often due to overconfidence as to dishonesty. In legal terms, this means we are also seeing cultivation and manufacturing licensees, and distributors agreeing to indemnify retailers and other licensees for everything under the sun, quite …

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What Are You Smoking? Episode 58: Skinner Talks Cannabis and Art

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Artist, animator, and filmmaker Skinner joins Will and Bailey to talk about the role cannabis plays in his creative process and reflect on the questionable decisions we’ve all made when it comes to edibles.

The post What Are You Smoking? Episode 58: Skinner Talks Cannabis and Art appeared first on Leafly.

Source: https://www.leafly.com/news/podcasts/what-are-you-smoking-58-skinner-cannabis-art…

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The Trump Administration Wants Your Opinion on Cannabis

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cannabis marijuana FDALast Wednesday, the Food and Drug Administration (FDA) announced it was seeking public comments regarding “abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use ….” of cannabis and other substances currently under international review. If you want to take FDA up on its offer, go here.

The FDA’s announcement was released as the World Health Organization (“WHO”)’s Expert Committee on Drug Dependence (“ECDD”) prepares to discuss the medical and legal status of cannabis in a November meeting in Geneva, Switzerland. Specifically, the ECDD is evaluating whether to recommend that certain international restrictions be placed or removed on the plant.

As we have previously discussed (here and here), marijuana is currently classified as a Schedule I substance under U.S. federal law and international drug treaties. Schedule I drugs, substances, and chemicals are defined as drugs with no currently accepted medical use and with a high potential for abuse. Consequently, nations that are signatories to these international drug treaties are expected to treat cannabis as an illegal substance. However, depending on the outcome of the survey conducted by the ECDD, the November meeting may bring us one step closer to the rescheduling of cannabis, giving signatories the freedom to decriminalize, and possibly legalize, the plant within their own borders.

Legalization advocates …

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Canada Cannabis Legalization Today: U.S. Customs and Border Protection Update

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canada customs marijuana
U.S. border policy on Canadians and marijuana is tough.

On the eve of the Canada’s cannabis legalization, the U.S. Customs and Border Protection (“CBP”) held a teleconference to explain the agency’s enforcement policy and field questions from journalists.

The on-the-record teleconference featured the head of the CBP’s Office of Field Operations (“OFO”), which has a staff of 28,000+ employees and an operating budget of $5.2 billion to oversee the agency’s operations at 328 ports of entry and air preclearance locations worldwide.

CBP officials confirmed that U.S. government policy remains unchanged in the face of cannabis legalization in Canada: past use of, and any affiliation with, cannabis is grounds for getting a lifetime ban from entering the U.S. without a waiver, as explained in a previous post.

The key takeaways from the teleconference are as follows:

  • Possession: Individuals attempting to cross the Canadian-US border while possessing marijuana are subject to arrest and prosecution. If prosecution is deferred, the individual is subject to a fine of $5,000.
  • Amnesty or Pardon for Past Use: U.S. law will not recognize any amnesty or pardon by Canadian authorities for cannabis-related convictions. Admitting to a CBP officer that you used marijuana any time before legalization is the equivalent of a formal court conviction for that crime and you will likely be denied entry into the

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Canada Legalizes Cannabis!

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canada cannabis marijuana

 

Congratulations to all of our Canadian readers! Today is the big day!

Whether you are a cannabis business owner, consumer, lawyer, doctor, advocate, or even an opponent, you can surely appreciate this historic day. Canada has bucked international trends and become the first North American country to legalize recreational, adult-use marijuana.

Canada has instantly become an international leader in marijuana policy. If states like Washington, Oregon, and California are any indication, there will surely be bumps along the way, but Canadians should be excited about what comes next.

For those celebrating today, be safe and enjoy responsibly!

For more on Canadian cannabis, check out these posts:

Source: https://www.cannalawblog.com/canada-legalizes-cannabis/…

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Lemon Curd with Amnesia BHO Live Resin

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Lemon curd is a fast and easy to prepare recipe, a delicious lemon cream ideal to fill cakes, cupcakes or to use just as decoration. On this occasion, we’ll show you how to cook your own version, of course enriched with cannabinoids thanks to the cannabis butter used to prepare it.

Ingredients to prepare Lemon Curd

Necessary ingredients to prepare Lemon Curd

Super Lemon Curd: Lemon cream and cannabis resin

To prepare your super lemon curd you’ll need some cannabis butter, which you can easily cook by following the instructions on the link. In this case, we’ll use butter enriched with BHO (Amnesia Live Resin. We chose this strain – rich in limonene – to combine it with the citrus taste of the cream).

How to make marijuana butter

Once cooked, allow your marijuana butter to cool in the fridge and get everything ready to prepare the lemon curd. You’ll need (for 2 people):

  • 50g of powdered sugar
  • 1 egg
  • The juice of one lemon
  • 50g of butter (we’ll use 2g of BHO butter and 48g of regular butter, see final note)

Beat the icing sugar and the lemon juice in a small bowl until getting a uniform mixture. Allow to cool for a few minutes and then add the cold butter and the egg. Cook the mixture over a low heat and …

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Bumps Ahead: The U.S. Border After Canada Cannabis Legalization

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u.s. border customs marijuana cannabisCanada’s cannabis legalization creates yet another wrinkle in the relations between the U.S. and its northern neighbor.

U.S. Attorney General Jeffrey Sessions harbors a well known hatred towards anything cannabis and he clearly has no love for Canada’s Cannabis Act either. What will this mean though for Canadians who are 100% legally involved in Canada’s cannabis industry when coming to the United States?

The answer came last week, when U.S. Customs and Border Protection (“CBP”) issued its Statement on Canada’s Legalization of Marijuana and Crossing the Border:

[a] Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the U.S. for reasons unrelated to the marijuana industry will generally be admissible to the U.S. [H]owever, if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible. (Emphasis supplied).

Though this statement is a welcome surprise, it still provokes skepticism from U.S. immigration lawyers who have seen countless foreign nationals banned for life from entering the U.S. because they once used marijuana or were once associated with the cannabis industry.

Under the U.S. Controlled Substances Act (“CSA”), passed by U.S. Congress in May 1971, cannabis is classified as a Schedule I drug, which is reserved for substances that: (i) …

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Cannabis Tax Crimes: Don’t Even Think About It

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Today let’s talk about Matthew Price, the Oregon marijuana businessman headed to jail for tax crimes. This story got a lot of coverage when it broke last month, partly because it was the first known tax-related prosecution for a licensed pot business owner, and partly because Price was fairly well known in Oregon. He once sat on an Oregon Liquor Control Commission (OLCC) rules advisory committee for cannabis retail, and he owned three dispensaries. Seems like he was off to a pretty good start.

Well, not any longer. In addition to the seven-month lockup, Price was ordered to pay the I.R.S. $262,776 in restitution on the nearly $1 million in taxable income he raked in from 2011 to 2014. He will probably never be allowed to participate in the OLCC program again, given the agency’s recent tightening of the screws, and its authority to bar anyone with a federal conviction “substantially related to the fitness and ability of the applicant” to obtain a license.

cannabis marijuana tax IRS

Generally speaking, marijuana businesses are liable for lots of tax under IRC 280E. As cannabis business lawyers, we work with CPAs and others to attempt to mitigate our clients’ tax liability, but at the end of the day, that liability is always there. Tax obligations do not end at the federal level, …

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Hemp Oil Benefits: They Might Not Be What You Think

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Hemp Oil Benefits

We’ve said it before and we’ll say it again: the cannabis culture is a creative culture. They enjoy few things more than making up slang terms for their beloved wacky weed (which in itself is a slang term). Usually, this isn’t a problem. You can say any of the following and people will know what you mean:

  • I’ve got a date with Mary Jane.
  • I’m going to fire up a fat one.
  • Let’s smoke a doobie.
  • We gettin’ our ganja on.

But sometimes, substituting one word for another is bad form and can communicate the wrong information. Case in point: calling a blunt a joint, or vice versa. There are distinct differences between a blunt and a joint, and trying to use them interchangeably will confuse those who understand the differences.

Another prime example is the confusion wrought by the careless use of the term hemp oil. Hemp oil is often used to refer to CBD oil, cannabis oil, and canna oil (just to name a few). But there is a big difference between hemp oil and the cannabis oil to which most people are referring when they use the term.

The experts at Honest Marijuana are here to set the record straight about hemp and hemp oil benefits. Along the way, we’ll address such issues

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Paying Cannabis Employees Equally Under the Oregon Equal Pay Act: Part 1

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oregon marijuana equal pay

Back in 2017, the Oregon legislature passed equal pay legislation prohibiting employers from asking applicants about compensation history. The law is known as the Equal Pay Act. This law, like other employment laws, applies to cannabis businesses. The equal pay provision of the law goes into effect on January 1, 2019. Oregon Bureau of Labor and Industries (BOLI) was tasked with drafting rules implementing the Equal Pay Act and recently released draft rules. This series of posts will unpack the new rules and explain the impacts on your cannabis business.

The Equal Pay Act prohibits employers from paying disparate compensation for work of a comparable character. The Equal Pay Act defines compensation as “wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.” What this means is each of these taken in total is an employee’s compensation. The proposed BOLI rules provide clarification to each of the words that make up “compensation.”

BOLI defines benefits as:

“the rate of contribution that an employee makes irrevocably to a trustee or to a third person under a plan, fund or program; or the rate of costs to the employer in providing benefits to an employee beyond what is required by federal, state or local law pursuant to an enforceable commitment to carry out a financially responsible plan or program which is committed …

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California Cannabis: Does Your Business Have a Website? If So, You Probably Need a Privacy Policy.

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california cannabis marijuana privacy policy
No longer optional for your canna business website.

Unless you’ve been living under a rock for the past few months, you’ve probably read about the host of sweeping new laws in California, like its new Internet of Things law, cannabis privacy law, or net neutrality law, to name just a few. California has long been regarded a trailblazer when it comes to making people who are outside of California do things to comply with California law. So it probably comes as no surprise that website operators outside of California may need to comply with a privacy policy law in California: the California Online Privacy Protection Act.

Pursuant to this law, any business that owns or operates a website that advertises to, services, or in many cases is simply accessible by California residents will almost certainly need to conspicuously post (and—importantly—actually follow) a privacy policy containing statutorily defined disclosures. This requirement applies when a website collects “personally identifiable information” about California consumers, including first and last name, home or other address, email address, telephone number, Social Security number, or any other information that would permit a person to contact a website user (either physically or online). Moreover, a policy may be required even for businesses located in distant areas of the United States just by virtue of …

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Washington’s Unwritten Cannabis Rules

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lcb washington cannabis marijuana
Unfortunately, a lot of this stuff is not written anywhere.

To successfully work in Washington’s regulatory cannabis industry, you need to understand the overlapping levels of laws and rules that are in the state’s regulatory arsenal. State statutes in RCW 69.50 set forth the boundaries of the regulatory system. State regulations in WAC 314-55 fill in the details of that regulatory system. Then there are official Liquor and Cannabis Board guidance documents, administrative cases, and court cases that formally interpret those statutes and rules. But there is yet another tier of rulemaking that is harder to see. This tier houses all the unwritten, often changing policies and interpretations of the LCB. If you aren’t aware of these unwritten rules, you can get yourself into a lot of trouble, including potentially losing your license — even if you think you’ve done everything by the book.

For example, did you know that the LCB has two different enforcement policies with regard to its “minor frequenting” violation? If a marijuana retailer does not check ID at its door, here’s the order of events. The minor enters the retail store and attempts to make a purchase. The store employee checks ID and sees that the minor is underage and asks the minor to leave without completing a sale. There is no violation. However, take …

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What Are You Smoking? Episode 57: Ed Rosenthal and Greg Zeman Go Beyond Buds

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Cannabis icon Ed Rosenthal visits the show again. He and his co-author, Greg Zeman, discuss their new book, Beyond Buds, and talk about what’s happening—and what’s next—in the rapidly changing world of cannabis concentrates and extracts.

The post What Are You Smoking? Episode 57: Ed Rosenthal and Greg Zeman Go Beyond Buds appeared first on Leafly.

Source: https://www.leafly.com/news/podcasts/what-are-you-smoking-57-ed-rosenthal-beyond-buds…

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The FDA and DEA Disagree Over CBD Scheduling

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fda dea cbd cannabis
FDA and DEA are in a bit of a tiff over CBD.

Last week, following the highly-anticipated U.S. Food and Drug Administration (“FDA”) approval of Epidiolex, G.W. Pharma’s oral cannabidiol (“CBD”) solution for the treatment of seizure associated with Lennox-Gastraut and Dravet syndrome, the Drug Enforcement Administration (“DEA”) issued a Final Order rescheduling FDA-approved drugs containing cannabis-derived CBD with no more than 0.1 percent THC under Schedule V of the Controlled Substances Act (“CSA”).

The DEA’s decision to reschedule this very specific formulation of FDA-approved CBD was largely influenced by a joint recommendation made by the U.S. Department of Health and Human Services (“HHS”) and the FDA earlier this year (“Memo”). However, according to a letter released last week by HHS Assistant Secretary Brett Giroir (“Letter”), the FDA concluded that CBD and its salts “could be removed from control” because:

  • “There is little indication that CBD has abuse potential or presents a significant risk to the public health”;
  • “No evidence for a classic drug withdrawal syndrome for CBD, and no evidence that CBD causes physical or psychic dependence”;
  • “CBD does not appear to have abuse potential under the CSA”;
  • “There is no signal for the development of substance use disorder in individuals consuming CBD-containing products”; and
  • “It is unlikely that CBD would act as an immediate precursor

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California Cannabis Bill Round-Up: What Matters Most

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california cannabis marijuanaIt’s not a normal day in California if there aren’t around 50 cannabis bills floating around Assembly halls. And this legislative session did not disappoint in getting certain much-needed cannabis legislation passed (though some important legislation also bit the dust). All in all, there is a lot of legislation and it can be difficult to keep track of. It can also be difficult to identify what’s going to have the greatest impact on California’s cannabis industry. We are still in an emergency rule period under MAUCRSA (with permanent regulations probably taking full shape and adoption in early 2019), so it’s comforting to see the legislature fill some of the gaps left over from the emergency rules.

Here’s my list of the most important/recent cannabis bills of 2018 for California:

Provisional licenses. Without a doubt, the industry would have gone into a tailspin and then come to a screeching halt after December 31 of this year without the advent of provisional licenses. We wrote about the provisional license bill, SB 1459, before its passage, and the bill is now law. The basic gist is that if your business holds or has held a temporary license and you’ve file for your annual license, you’re going to get a provisional license (which is good for only one year) in order to …

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Gravity Bong: How To Make Your Own

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scenic view of waterfall over green mountains

We’ve said it before, and we’ll say it again: Marijuana smokers are some of the most creative people on the planet when it comes to devising ways to get their fix. People build bongs out of snow, fruit, mannequin heads, and old video game controllers. What other culture goes to such great lengths to add some spice to their smoking? Certainly not the tobacco smokers who’ve stuck stoically to the cigarette and the pipe since…well, forever. How boring.

Gravity bong cannabis

Source: MedicalNewsToday.com

If you’re looking for a novel way to get your ganja on, why not try the gravity bong. Sure you’ve smoked a joint, toked on a bong, and took a drag from a blunt, but have you ever let gravity do most of the work? Of course not.

But what exactly are the different types of gravity bongs? How do they work? And should you make your own or buy a professionally-produced model? This article will answer those questions.

How To Make Your Own Bucket Gravity Bong

There are actually two different types of gravity bongs: the bucket bong and the waterfall bong (hence the picture of the waterfall at the beginning of this article). The bucket bong is perhaps the most well-known of the gravity bongs. It can be built in various sizes depending on the size

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5 Common Misconceptions about Medicinal Marijuana

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Medicinal marijuana has been legal in Canada for the better part of 20 years now. As more research is conducted, many doctors, scientists, patients, and other medical professionals are realizing the potential for cannabis in the treatment and management of a whole host of conditions.


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/5-common-misconceptions-about-medicinal-marijuana…

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Paisa Grow Seeds, passion for cannabis breeding

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Paisa Grow Seeds is an example of the new wave of cannabis breeders and seed companies, with passion for the plant and the aim for a work well done as main virtues. Despite being a young company, the project started some years ago, when the guy in charge created his own collection of cannabis genetics which has only increased since then.

With this amazing collection of strains, Paisa Grow Seeds have created some trully outstanding hybrids that represent the hundreds of plants grown, tested and bred over the years. Some of these spectacular varietiess are Monkey Banana and Super Choco, both with THC levels above 20%. Other remarkable genetics from Paisa are Colombian Fruit, Fast Mass Haze, Old Amnesia or Toro Blanco.

The quality of Paisa Grow Seeds genetics is beyond doubt

The quality of Paisa Grow Seeds genetics is beyond doubt

Innovation and dynamism are two aspects that the guys at Paisa Grow Seeds show year after year, constantly developing new and interesting marijuana strains. As an example we have Choco Cookies, a cross between the renowned Girl Scout Cookies Thin Mint (female) and Super Choco (male), or Gold Honey, a mostly Sativa hybrid between Afghan Honey Kush and their Super Choco male with very vigorous growth and awesome effect.

But Paisa Grow do not only develop THC strains. Paisa CBD is their brand …

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Cities Should Not License Cannabis Businesses (They Should Have Them, Though)

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.                       City cannabis licensing in action.

Recently, the City of Portland announced that it would lower cannabis business licensing fees. Most notably, retail license fees have been reduced from $4,975 to $3,500, in line with other license types. That is still too steep (especially considering the state licensing fees), and although the City has cleaned up its process over the past few years, it’s still redundant, unnecessary and something of a cluster. Like all cities, Portland should stop licensing cannabis businesses.

It’s been over three years since Portland adopted its poorly written Code Chapter 14B.130, which sets forth license procedures and requirements for marijuana businesses. The oppressive fee schedule adopted at that time placed an outsized burden on retailers to cover the cost of administering the Portland Marijuana Policy Program. In the early days, the program was staffed by functionaries at the Office of Neighborhood Involvement (ONI) who shall go unnamed and mostly seemed to follow each other in circles, sometimes passing applicants back and forth with the Bureau of Development Services (BDS). Most of those folks have moved on.

ONI has since been rebranded as the Office of Community & Civic Life (people still call it ONI) and slotted under a different Commissioner. All of this followed from campaign promises made by Portland’s new mayor, who acknowledged that …

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California Passes Industrial Hemp Legislation

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california industrial hemp
For the most part, anyway.

We’ve been closely following the trajectory of SB 1409 and on September 30, 2018, Governor Brown signed the bill which will go into effect on January 1, 2019. This legislation is a huge step for California cannabis, in that it will add an industrial hemp pilot program to the California Department of Food and Agriculture’s registration system.

Currently, California law regulates the cultivation of industrial hemp, and specifies certain procedures and requirements on cultivators, not including an established agricultural research institution. Existing law defines “industrial hemp,” via the California Uniform Controlled Substances Act, as a fiber or oilseed crop, or both, that is limited to the non-psychoactive types of the plant Cannabis sativa L. and the seed produced from that plant.

Existing California law also requires that industrial hemp only be grown by those on the list of approved hemp seed cultivars. That list includes only hemp seed cultivars certified on or before January 1, 2013. Industrial hemp may only be grown as a densely planted fiber or oilseed crop, or both, in minimum acreages. Growers of industrial hemp and seed breeders must register with the county agricultural commissioner and pay a registration and/or renewal fee.

SB 1409 deletes the exclusionary requirement that industrial hemp seed cultivars be certified on or before January 1, 2013. …

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Vancouver, B.C. to Allow Off-Work Marijuana Use for Police

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marijuana canada vancouver police
New rules at the Vancouver P.D.

Despite a few employee victories across the country, states continue to allow employers to punish employees for off-work use of marijuana—even if they are medical marijuana users. Oregon and California tried and failed to pass legislation to protect off-work use of marijuana. The federal government even tried to protect off-work use for medical marijuana. Despite the efforts, a majority of states with legal marijuana allow employers to terminate employee for off-work marijuana use. Our neighbors to the north, however, seem to be moving in the opposite direction.

Canada legalized the sale and use of marijuana earlier this year and is set to begin legal sales on October 17. It’s only the second country to fully legalize at the national level. Along with Canada’s progressive views on marijuana, comes progressive views on public employees’ use of marijuana. To wit, the Vancouver Police Department (“VPD”) has officially approved off-work marijuana use.

Initially, back in early August, the VPD proposed a 24-hour pre-shift period of abstinence. Instead of immediately accepting or rejecting the proposal, the VPD did its research. The VPD issued a report noting that cannabis can affect individuals to different degrees and THC remains in an individuals system despite the individual no longer feeling the effects. Specifically the VPD rejected any pre-shift abstinence period, finding …

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CanEx Jamaica 2018: Lessons from Marijuana Legalization Across North America

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jamaica canada international marijuanaI recently traveled to Montego Bay for the annual CanEx Jamaica conference. I spoke on a panel with attorneys from Jamaica and Canada about the legal challenges across international cannabis markets. Grace Lindo of Jamaican firm Nunes, Scholefield, DeLeon & Co. and Sandra Gogal of Canadian firm Miller Thomson LLP, each spoke about the markets in their respective countries while I cover legal challenges in the US. The panel was moderated by Imani Duncan-Price, Chief of Staff for the Office of the Leader of the Opposition.

Jamaica breaks commercial cannabis licenses into six categories: cultivator, processor, transporter, retailer and a research and development license. A licensed business must be “substantially owned” (at least 51%) by Jamaican residents.

Because Jamaica has decriminalized cannabis under its licensing regime, intellectual property protection is available for trademarks. According to Lindo, Jamaica’s Patent Act is somewhat outdated, meaning that it is not possible, per se, to get protection for plant varieties. Trade secrets and know-how are not statutorily protected, so in Jamaica, confidentiality agreements are key.

Canada’s legal cannabis market is poised to take off this month, so it was very interesting to hear about the legal framework for our northern neighbors. This is when Canada’s “Cannabis Act” goes into effect, legalizing cannabis at the federal level. Like the US, Canada has a federal system …

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Trichomes: The Complete Guide

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Trichomes

Source: Reddit.com

Are you trying to understand all the convoluted online conversation about cannabis trichomes? What are they? How are they grown? How are they harvested? What’s the best way to consume them?

We gotcha! We’ll help you understand what the trichome buzz in the cannabis community is all about. This post will also help you wrap your mind around the biology of trichomes and their importance to you and to the rest of the cannabis plant.

We’ll make sure you know what you need to about how trichomes are both grown and extracted so you can make well-informed decisions to optimize your cannabis consumption.

We’ll break down the basics of a few traditional trichome consumption methods and also hook you up with a brief intro to dabbing to help you get started dabbling with trichomes!

What Are Trichomes?

Trichomes are totally the grooviest and gooiest part of the cannabis plant. Trichomes are the resin glands of the pot plant that contain THC, CBD, and other active medicinal cannabinoids.

Trichomes are literally the cream of the cannabis crop. Trichomes are the basis of the smokeless revolution in cannabis consumption that has saved the lives of countless medical marijuana users, such as Charlotte Figi.  

Charlotte was cured from suffering over 300 seizures a week induced by Dravet syndrome

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Washington Regulators Ban Cannabis-Infused Candies

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washington lcb marijuana candy ban

By April 3, 2019, Washington retail marijuana stores will no longer carry infused hard candies, tarts, fruit chews, jellies, and gummies due to a newly enacted ban on the production said products. The announcement came from the Washington State Liquor and Cannabis Board (“LCB”) during a recent meeting. A PowerPoint presentation from the meeting is available here.

The LCB reevaluated its stance on marijuana candies finding that infused candies are “especially appealing to children.” The LCB’s regulations (WAC 314-55-077(7)) prohibit processors from creating products that appeal to children. The LCB claims that its new policy is intended to comply with this provision.

Going forward, the following products are prohibited:

  • Candy – hard candy (of any style, shape or size) and tarts.
  • Fruit chews, jellies and all gummy type products.

The new LCB policy will also impact other products. The following infused products are allowed “with limitation on appearance”:

  • Chocolate
  • Cookies
  • Caramels
  • Mints

What does “limitation on appearance” mean? The LCB provides some examples:

  • Chocolate in its original color and not coated, dipped, sprayed or painted with any type of color.
  • Chocolate in the shape of a bar or ball. No shape or design that is especially appealing to children.
  • Caramel and fruit caramels. No color, shape or design that is especially appealing to children.
  • Cookies that do not contain

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The Potential for Cannabis Trademarks in Canada is Huge

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canada cannabis trademarkNews broke recently that Tweed, Inc., a subsidiary of Canadian cannabis company Canopy Growth Corp., filed a Canadian trademark application on August 31, 2018 for CHRONIC BY DRE, which they subsequently withdrew, apologizing and calling it a mistake. As we’ve written before, the number of trademark filings covering cannabis and cannabis-related goods and services in Canada has increased dramatically since the cannabis legalization process began. This rush to file cannabis trademarks in Canada could have been what spurred Tweed’s employee to rashly file the CHRONIC BY DRE mark without obtaining the artist’s consent and without having any sort of licensing deal in the works. (No matter what jurisdiction you’re in, don’t ever file for trademark protection for a mark that is already affiliated with a celebrity, hoping to beat them to the punch.)

The application filed for CHRONIC BY DRE covered a wide range of goods including body lotion and body creams, essential oils, personal preparations containing cannabis or cannabis derivatives, sunglasses, housewares, jewelry, stationery, pet accessories, clothing, dog and cat toys, beverage products, smoking products and accessories, and “cannabis and marijuana and derivatives thereof, namely live plants, seeds, dried flowers, liquids, oils, oral sprays, capsules, tablets, and transdermal patches.” That’s pretty broad.

For anyone familiar with the trademark application process in the United States, this specification makes Tweed’s …

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The 53 Best Weed Strains

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three forms of marijuana in and around wooden bowl

One of the special joys of cannabis is discovering which specific strains your endocannabinoid system prefers. However, Leafly.com currently has 1,762 strains profiled in their database and it’s not uncommon to come across strains you won’t be able to find listed in their database.

No one even knows how many strains actually exist because cannabis can be endlessly crossbred to create as many different strains of weed as there are stars in the sky. Some strains of weed like Thai Stick, much like certain stars, have already gone extinct while others have yet to exist.

This is why selecting the 53 best weed strains is an undeniably fun task.

marijuana strainsSource: http://www.mmofhi.com/

The first strain of weed was sent to planet Earth from Sirius, according to the Mali people of West Africa who were chronicled by Herodotus around 300 BC.

The word cannabis, or the “two-dog-plant” according to the Mali, is a combination of the words canna, or canine (dog), and bis or bi, signifying the number two because Sirius is the original homeworld of cannabis in the Mali tradition.

Every strain of the mother plant has its own fascinating short story and history.

news graphic showing planet and satelliteSource: Newswatch33.com

Choosing which strains of weed to try from the limitless varieties without contemplating the kinds of pot that could potentially be growing on

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Causes of death in plants during the growth period

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Causes of death in cannabis plants during the growth period

The vegetative growth of cannabis plants can be one of the longest periods of cultivation when growing outdoors – or indoors – where in, for example the countries of southern Europe they enjoy a lengthy spring and summer. During the course of this growth phase, problems can arise that may lead to the death of the plant even before the flowering stage begins.

Let’s see what are the most frequent causes of death during the plants’ growth period and what we can do to avoid a premature, unhappy ending.

Cannabis plants in growth period

Cannabis plants in vegetative growth

Overwatering cannabis plants

The most common cause, especially among beginner growers, is undoubtedly overwatering. The excess of irrigation particularly affects young plants in their first weeks of life (although it can also occur with larger plants).

The main reason is watering too much, too frequently. Small plants have a very limited resistance, partly because of their size. A plant with two cotyledons and three small roots can not cope with large amounts of water, simply because they can not process it, not having sufficient absorption capacity in the root zone.

The growth phase is crucial for an abundant bloom

The growth phase is crucial for an abundant bloom

If we overwater our plants, the substrate will be permanently wet, meaning the roots will not …

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The 2014 Farm Bill Expired: What Now for Industrial Hemp?

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2018 farm bill industrial hemp CBD
Uncertainty continues for hemp legalization.

On September 30, the Agricultural Act of 2014, more commonly known as the “2014 Farm Bill” (the “Farm Bill” or the “Act”) expired before the enactment of its potential successor, the Hemp Farming Act of 2018 (the “2018 Farm Bill”). It’s also unlikely that the 2018 Farm Bill will be revisited before the November elections. The Conference Committee’s failure to meet this deadline has led to numerous inquiries regarding the legal status of state industrial hemp pilot programs over the next few months, and that of CBD products derived from industrial hemp (“Hemp-CBD”). This post discusses the reasons for which existing industrial hemp pilot programs and Hemp-CBD remain lawful at this time.

Section 7606 of the 2014 Farm Bill created a framework for the legal cultivation by states of “industrial hemp” without a permit from the Drug Enforcement Administration (the “Hemp Pilot Programs”). Broadly speaking, the 2014 Farm Bill only protected cultivators registered under a state’s hemp research pilot program, who cultivate cannabis containing no more than 0.3% of THC, and who meet the requirements imposed by their state department of agriculture.

The 2018 Farm Bill, which contains more robust protections for Hemp-CBD, failed to pass last week, in part, because it remained held up in committee. As we explained before, the Senate and …

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