Oftentimes in the marijuana industry, licensees forget or don’t believe that existing federal, state, and local laws apply to their cannabis operations. For example, things like ADA and OSHA compliance get overlooked where the thinking can be, “I’m already violating one federal law, so I don’t have to comply with other, existing federal or state laws.” Of course, that line of thinking is incorrect and is only going to lead to pain and suffering when it comes to legal violations, fines, and penalties.
Our California cannabis business lawyers are seeing many licensees in these early days of legalization continue to ignore existing state and federal laws, though we see that many are also striving to keep up both with the state’s rules and all other existing federal and state laws. On that note, one of the stickiest areas of compliance in California hasn’t really had anything to do with cannabis–it’s been whether distributors, specifically those who self-distribute, need a motor carrier permit (“MCP”) from the Department of Motor Vehicles. And the answer is: It depends.
Generally, California requires any “motor carrier of property” transporting goods with a “commercial motor vehicle” to obtain and maintain a MCP from the state. California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and the Bureau of Cannabis Control (BCC) regulations specifically provide that …
Many medical and recreational cannabis consumers prefer to inhale a cool, instantly-rejuvenating, cannabinoid-infused vapor as opposed to the comparably harsh combusted cannabis smoke.
However, many health-conscientious cannabis concentrate consumers—you included, perhaps—prefer to avoid all together inhaling residual petroleum particles from butane hash oil into their lungs. We couldn’t agree more.
So are you ready for a cleaner, purer, tastier, safer and overall truly higher-quality cannabis concentrate? Well, have we got a treat for you: supercritical CO2 extraction!
That’s not actually the treat, though. Rather, it’s a really awesome way to remove all the stuff that makes ganja great from the plant matter on which it resides. That way, you don’t have to burn your marijuana to reap all the mind-altering and medicinal benefits.
And best of all for those health-conscious cannasseurs out there, this extraction method won’t leave behind trace amounts of toxins in the finished product. Now that’s something to sit up and take notice of.
This post will break down a bit of the basics behind supercritical fluid extraction and the biochemical benefits of CO2 extracted cannabis concentrates. We’ll also leave you with some simple steps for extracting your own concentrated kief crystals at home using dry CO2 ice.
The Added Value of CO2 Extraction
Supercritical CO2 is increasingly being used as a cheap, recyclable, …
Back in February, I discussed administrative litigation in Oregon and the types of violations Oregon cannabis businesses can be hit with. But what about settlement? Like in civil litigation, administrative litigation can be settled with the right tools and right team of lawyers on your side.
As a quick refresher, the Oregon Liquor Control Commission (OLCC) is the agency tasked with implementing and enforcing the recreational marijuana rules. The OLCC can and does conduct random inspections of marijuana licensees. These inspections sometimes lead citations for rule violations. These rule violations may then lead to a charging document outlining potential penalties– sometimes several months after the problematic inspection occurred.
A charging document is only the beginning. Depending on the category of the violation(s) assessed, and whether they are grouped together as single violation or listed as separate infractions, the charging document will allow the licensee to either: 1) waive its right for a hearing and pay a reduced fine or serve a reduced suspension, 2) request an administrative hearing, or 3) pay the full fine or serve the full suspension. If the licensee receives a Category I violation, the licensee will only have the option to request a hearing or surrender the license. You can view a table of violations and their categories here…
We’ve written previously about some common issues landlords run into when leasing to cannabis businesses (see links at the bottom of this article). Now that we’ve seen almost a year’s worth of emergency regulations, and the state has released its proposed final regulations, we’ve also seen a variety of cannabis leasing issues crop up. Here are a few of the most common ones.
This is a frequent problem. Sometimes it’s an issue with the landlord’s current carrier being no longer willing to provide coverage, or a questions of how to pass the increased cost of premiums on to the tenant if coverage is actually available. Or sometimes it’s about the tenant’s inability to obtain reasonably priced coverage with sufficient policy limits and necessary endorsements. But more often than not, insurance presents a problem for one or both parties. Fortunately, insurance is becoming more available and reasonably priced as more admitted carriers join the market. There are different strategies suitable for different insurance-related problems, but some examples have been building a termination contingency into the lease for landlord’s inability to obtain or maintain coverage on the building, or for tenant’s failure to obtain or maintain its required policies. Generally in cannabis leases, the cost of premiums gets passed directly onto the tenant, and in a …
I’ve worked on many celebrity licensing and endorsement deals, and my firm’s cannabis intellectual property lawyers have received countless inquiries from companies looking to partner with one celebrity or another. And while the best of the deals can be very lucrative (and interesting) for everyone involved, plenty of them fizzle out for one reason or another. Often, the excitement over the prospect of partnering with a celebrity can blind businesses to the bigger intellectual property and trademark issues they should consider before negotiating one of these deals.
Earlier this month, Above the Law published a great article on the potential pitfalls of utilizing personal names as trademarks, as is done in celebrity licensing deals. The author noted the recent trademark litigation brought by a company that owns a registered trademark for SWIFTLIFE for “consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others” against none other than Taylor Swift and her “SwiftLife” app. And while a celebrity’s name and likeness can be protected under rights of publicity or privacy law, this case raises the issue of when and how personal names can be recognized as trademarks.
In the United States, a person’s name can be eligible for trademark protection only if that individual is able to establish secondary meaning for their …
Cannabis prohibition under U.S. federal law is nonsensical and causes many problems, from oppressive taxation to civil rights violations. Under international law, however, things may be even worse. Fortunately, it was reported this week that the United Nations (U.N.) will finally take a closer look at cannabis prohibition this fall. It was also reported that the World Health Organization (W.H.O.), an agency of the U.N., has recommended that cannabidiol (CBD) no longer be controlled under international law. Both developments are terrific news.
For public international law nerds, like me, the question of why international law is more intractable than U.S. law on marijuana is fun stuff. The short answer is that cannabis, along with opium poppy and coca bush, is restricted not just through “scheduling”, but by the core text of the principal treaty at issue. This means that under international law, 185 or so countries are going to have to agree to amend the Single Convention on Narcotic Drugs of 1961 (“Single Convention”) (specifically, Articles 1, 22, 28 and 49) in order to truly end prohibition. Then, cannabis would also need to be removed from the Single Convention’s Schedules I and IV. All of that is no small feat.
Still, it isn’t impossible that the Single Convention would be amended to …
Carbohydrates or sugars in the cultivation of cannabis
What are carbohydrates?
Carbohydrates are a group of compounds that include sugars, starches and cellulose among many other substances. These are formed by carbon, hydrogen and oxygen.
They are vitally important compounds for both plant and animal life. They perform vital functions so that plants can develop healthily and problem-free in all stages of their life and also serve as a source of food for the animals that feed on plants.
Bubble Kush, 44 days, fed with aminoacids
There are two major types of carbohydrates, the so-called structural and the non-structural. The structural carbohydrates are known to make up part of the cellulose that forms plants cell walls, giving rigidity to the stem, branches and roots, etc., all parts of the plant that keep it standing upright, and without them plants would fall over.
Non-structural carbohydrates are stored in many parts of the plant, for example the stem, roots, rhizomes, stolons, as well as the aerial part of the plants where they play a vital role as the source of energy that the plant relies upon in order to carry out its metabolic functions. They are the fuel the plant needs to keep growing.
But exactly what functions do they perform in plants, and in particular, how do they …
“Ladies and gentlemen…let’s get ready to rumble! In the blue corner, weighing in at an impressive five syllables, help me welcome the medical marvel, Cannabidiol, a.k.a. CBD! And in the red corner, weighing in at a truly tongue-twisting eight syllables, give a warm round of applause for the psychoactive samurai, Tetrahydrocannabinol, a.k.a. THC!”
With a title like CBD vs. THC, that’s what you might expect from this article — a fight. You likely assume that we’ll provide an answer to the question, “Which one is better?”
But, as you’ll see as you read on, pitting CBD against THC is like pitting an apple against an orange.
CBD and THC each have their own unique benefits, but one isn’t necessarily better than the other. There’s no clear winner like there would be if we compared, say, an apple and high-fructose corn syrup.
So let’s consider this less of a “versus” situation and more of a “getting to know you” event, where we delve into the specifics of both CBD and THC. Along the way, we’ll learn about the broad category of cannabinoids from which CBD and THC originate.
We’ll also discover where you can find CBD and THC. And we’ll investigate the effects and side-effects of CBD and THC to see how they compare.
Last year, the Oregon Legislature passed Senate Bill 1057, which transferred cannabis labeling authority from the Oregon Health Authority (“OHA”) to the Oregon Liquor Control Commission (“OLCC”). The new rules, which became operational on August 15, 2018, merged the OHA rules with those of the OLCC and further clarified the labeling and packaging regulations. Overall, this is a good thing.
Although the new regulations do not drastically differ from those under the old rules, OLCC licensees (i.e., recreational marijuana producers, processors, wholesalers, and retailers, including those processing and selling hemp products) and OHA registrants (i.e., medical marijuana growers, processors, and retailers) will need to familiarize themselves with these revisions and update their labels to be in compliance by April 1, 2019. At that point, all marijuana items transferred to dispensaries or retail shops will have to be packaged and labelled pursuant to the new rules.
To comply with these new standards, existing licensees will need to resubmit their label and package applications for pre-approval before the April 1, 2019 deadline. Also note that all new label and package applications submitted for pre-approval as of August 15th will be reviewed and evaluated by the OLCC under these rules. Typically, pre-approval takes 2 to 4 weeks but …
Are you looking for an alternative to the harsh, hack-inducing smoke produced by your joints, blunts, bongs, and Thai sticks? Try a THC vape pen instead.
In this article, we’ll tell you why many consider vaping to be a “safer” option than smoking. Then we’ll show you 15 of the best THC vape pens on the market to get you started. First, though, let’s discuss what vaping is and what it isn’t.
Vaping vs. Smoking
The product that eventually became known as the THC vape pen was first produced as an electronic cigarette to help tobacco smokers quit. It wasn’t long, though, before canny cannabis consumers recognized that these little devices could be used with marijuana as well.
And when they started modifying their electronic cigarettes to handle THC liquid, wax, and bud, they saw that the process of vaporizing was a great addition to the process of smoking joints or blunts.
Vaporizing is better than smoking because vaporizing reduces the temperature at which cannabinoids change from solid or liquid into gas.
This reduction in temperature preserves many of the active ingredients in marijuana—the stuff that gets you high and makes you feel good—that would otherwise have been destroyed when the cannabis was burned.
Think of it this way: a flame is pretty much only one temperature. It’s …
Cannabidiol (“CBD”) products are suddenly everywhere. But as much as opportunity and possibility have opened in the hemp-derived CBD industry, so too have legal pitfalls and snares that can confuse just about anyone breaking into this new market. When it comes to navigating the trails that are still being blazed, many are left wondering, “Is it legal or not?”
At a time when the popularity of CBD and hemp products meets legalization, the importance of this question cannot be overstated. Unfortunately, the answer is not an easy one. Individuals and companies alike are stepping forward with innovative ideas and using these products in health supplements, topical ointments, and even food and beverages. What they often find at all stages of production (manufacturing, distribution, and marketing), is that the law can be ambiguous and varied, especially when divided by state lines and the unavoidable intersections with federal law.
Our attorneys have been at the forefront of the struggle to effectively interpret and understand these challenging legal circumstances. On August 16th at 11 am PST, Harris Bricken attorneys Daniel Shortt and Alison Malsbury will present a webinar entitled “CBD Legal or Not: How State and Federal Laws Govern the Manufacture, Marketing & Distribution of CBD Products.”
Whether you are an individual or part of a company, …
If you’re looking for an alternative treatment option to combat your symptoms, it may be time to consider the benefits of medical marijuana. One of the key points new and potential patients should remember is that they should get appropriate health advice before taking this medication.
Many cannabis businesses are funded with debt. Sometimes, the debt is owed to one of the business’s owners, who pursued a debt structure for tax reasons. Other times, the debt is owed to a third party. That party could be a friend or family member, an investor keen on the industry, or even a professional hard money lender. Our marijuana business lawyers have papered a large number of loans in the industry, on behalf of both businesses and lenders. This blog post identifies some considerations for lenders making plays in the industry.
Do Your Diligence.
Before making a loan of any type to a cannabis business, do your diligence. Like so many things related to cannabis businesses, this exercise is different than with standard businesses. There are several reasons for this: 1) cannabis businesses often have short or non-existent operating histories; 2) by extension, cannabis businesses often have limited financial information at hand (tax returns, P&Ls, etc.); 3) the financial projections for cannabis businesses are more speculative than for other businesses, due to market dynamism; and 4) regarding operations, cannabis businesses may be “license pending” and therefore with little to vet.
Altogether, these factors make it supremely important to vet the actual owners of the business, as well as whatever you can get on …
As I have discussed for the last two weeks, cannabis businesses have become increasingly vulnerable to cyberattacks. It is natural for a company victimized by data breaches to want to retaliate by hacking back. However, under current U.S. law, which is codified under the Computer Fraud and Abuse Act (“CFAA”), it is strictly prohibited to intentionally access another’s computer without authorization.
Legislators have given some thought to this problem. Most recently, the re-introduction in October 2017 of the Active Cyber Defense Certainty (“ACDC”) Act, a bill sponsored by Congressman Tom Graves (R-Ga) and Congresswoman Krysten Sinema (D-Az), raised questions about the legality of counter attacking. Indeed, the ACDC Act proposes to amend the CFAA and enable victims of cyberattacks to adopt active defensive measures to identify the hackers, destroy information originally stolen from the victims’ networks, and attack the intruders’ servers to interrupt the ongoing attack. Although an eye-for-an-eye form of justice is appealing, unauthorized access to networks is not a good idea. Here is why.
First and foremost, the ACDC Act has not be enacted. This means that the CFAA remains the law of the land, and accessing others’ computer systems without their permission is a criminal offense. Every state law punishes hacking under the computer crime statutes. These crimes …
When it comes to cannabis, the part of the plant that gets all the attention is naturally the bit we’re all growing for: the flowers. But while it’s easy to be enamoured with the beautiful frosty flowers we shouldn’t overlook the rest, because behind the bud there’s a whole plant, with all its component parts, each playing an essential role in bringing us our precious harvest.
Here at Alchimiaweb we strongly believe that the more we know about our favourite plants, the more success we’ll have cultivating them, and the happier we’ll be with the results! For these reasons here we’re going to take a closer look at the cannabis plant and identify all the different elements of its anatomy to help you get to know this wonderful plant a little bit better.
1, male flower, enlarged detail; 2, pollen sac; 3, pollen sac; 4, pollen grain; 5, female flower with bract; 5, female flower, bract removed; 6, female seed cluster, longitudinal section; 7, seed with bract; 8, seed without bract; 9, seed without bract; 10, seed cross section; 11, seed longitudinal section; 12, seed without hull (Franz Eugen Köhler 1887)
The Cannabis seed
For most of us, our introduction to cultivation comes when we buy or are gifted some cannabis seeds for the first time, so …
Could the federal government protect the rights of federal employees to use marijuana in states where its legal?
Possibly. A bipartisan bill was introduced in Congress on July 28 proposing to protect federal employees’ personal and private use of marijuana in states where it is legal. Congressmen Charlie Crist (D-Fl) and Drew Ferguson (R-Ga) jointly introduced the “Fairness in Federal Drug Testing Under State Laws Act”, which would prohibit federal employers from denying employment or subjecting federal employees to adverse personnel action if they test positive for marijuana and live in a state where it is legal.
Today, because marijuana remains an illegal substance under the Controlled Substance Act, federal employees can be terminated or denied employment if they test positive for marijuana on a drug test (and many federal agencies require regular or periodic testing). The bill would not apply to individuals occupying or seeking positions requiring top-secret clearance (meaning, they could still be tested), and the bill would allow federal employers to terminate employees for being impaired at work.
The bill, while incredibly important for federal employees, could also significantly impact private employers in states with legal cannabis. A majority of states have some form of legal marijuana, either medical or recreational. However, many of those states …
Like so many other U.S. industries, the U.S. vaping industry is now in the crosshairs of a 25% tariff on products imported from China. The first two waves of President Trump’s proposed tariffs against China covered about $50 billion worth of Chinese products but they did not include any vaping products. After China retaliated and proposed its own equivalent tariffs on an estimated $50 billion worth of U.S. products imported into China, President Trump proposed a much bigger third list of China products to cover an additional $200 billion in imports from China. This third list targets vaping devices, vaping parts, and batteries from China. Because our law firm’s marijuana business lawyers represent so many companies involved in various aspects of the vaping industry, we are hearing a earful about how these tariffs will “decimate” the nascent industry.
The U.S. vaping industry is indeed particularly exposed to these tariffs. Though much of the e-liquid used for vaping is made in the United States, almost all of the vaping hardware is imported from China. Just as Gillette makes the most money selling razor cartridges and not razors, many U.S. vaping companies chose to focus on the higher margin e-liquids, rather than lower margin vaping devices. Some have noted that there are no U.S. companies
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.
Find out why the future doesn’t look bright for the storied Emerald Triangle region, what’s made Sacramento the newest hotspot for cannabis cultivators, and how the recreational market can keep producing fantastic $30 eighths in the face of seemingly ceaseless wildfires.
When I receive a summary of a cannabis business deal–the first emails, calls, LOIs, and term sheet in any form–with 90% accuracy I can say whether the transaction will be a difficult one or not. Note that “difficult” does not correlate with complex: Often the more complex deals, with multiple entities and asset transfers, end up being much easier, whereas a simple secured loan can be more difficult. And in the context of a transaction, “difficult” = “time consuming” = unnecessary expense. Everyone would like to avoid that.
The number one differentiating and determinative factor in assessing the difficulty of a marijuana business deal is the term sheet. If a deal is a building, think of the term sheet as both the architect’s blueprint and the physical foundation on which the deal is built. Deals that are smooth are built with a clear plan and on a solid base; these come in on time and under budget. Deals that are built based on a vague understanding of the final goal but with no firm, documented plan, will be typified by stops and starts, walls built, torn down and rebuilt, and a final product that stands but doesn’t resemble what either parties had in mind (“in mind” being a key phrase here, as often what was in the parties’ mind …
In previous posts, we’ve puzzled about why no one has filed a cannabis patent infringement case, despite the large number of patents granted for cannabis plants. See here, here, here, and here. That all changed last week. United Cannabis Corporation (“UCANN”) has now filed what is believed to be the first cannabis patent enforcement complaint. The case is United Cannabis Corporation v. Pure Hemp Collective, Inc., case no. 1:18-cv-01922-NYW, in the United States District Court for the District of Colorado.
The patent asserted is U.S.P. 9,730,911, “cannabis extracts and methods of preparing and using same.” The claims in the patent generally cover liquid cannabinol formulations using tetrahydrocannabinol (THC), cannabidiol (CBD), and various terpenes. See, for example, claim 10: “A liquid cannabinoid formulation, wherein at least 95% of the total cannabinoids is cannabidiol (CBD).”
Although the UCANN complaint does not specify which claims are being asserted, it appears that the plaintiff may focus on CBD-related claims, e.g., claims 10-15, rather than claims for THC. The complaint devotes several paragraphs to discussing FDA’s recent approval of Epidiolex, a CBD-based drug, as we discuss here and here. The complaint suggests that FDA will reclassify CBDs generally as Schedule II or Schedule III drugs. While it is clear that FDA will do a reclassification, it is not clear …
Phase II cannabis licensing in the City of Los Angeles (for only non-retail activity) kicked off on August 1 at 12 p.m. (and it will conclude on September 13th). To qualify for a City of Los Angeles cannabis license during this timeframe, an applicant must, among other things, be eligible for the City’s cannabis social equity program. This qualification factor has propelled a search for business partners who will make them eligible for Phase II cannabis licensing. Though this momentum is spurring business marriages all over the City many of these “partnerships” are little more than ruses for circumventing the social equity requirements.
It’s not unusual in the cannabis industry to see people rush into half-baked, hasty business marriages for fear that some grand opportunity will pass them by if they don’t. This is why the cannabis litigation lawyersat my firm spend so much time litigating cannabis business ownership disputes. LA’s social equity component has created a new breed of business “relationship” ripe forscamsand potential applicants on both sides of the social equity aisle need to be aware of the tricks being used to game this new system.
Almost two years after the passage of Proposition 64, the 2016 California voter initiative to legalize and regulate medicinal and adult-use cannabis, California has begun to finalize its regulations that will govern the largest cannabis market in the country, though that effort has not been without some hiccups and bumps in the road. But, things are coming along and we anticipate that, as in other states that legalized cannabis like Washington and Oregon, after an initial period of turbulence, the rules will be solidified, prices will clam down, and there will be at least some measure of market stability going forward, notwithstanding those localities that decide to sit this one out. In the meantime, how are marijuana landlords faring in the midst of these industry growing pains? As it turns out, quite well. Here are a few examples.
Availability of insurance. Landlord insurance is essential in any tenancy. It protects the landlord against liability for injuries and property damage that occurs on the leased premises, and it covers losses to the building such as fire or burglary. Just months ago, California approved the first lessor’s risk policy for cannabis landlords to be written by a traditional state-admitted carrier. That may not sound like a big deal, but it really is: …
Honey is a favorite all-natural sweetener, antimicrobial, antioxidant and antibacterial substance and a byproduct of one of the hardest working species contributing to a healthy ecosystem. Bees just do their job – produce honey. But it isn’t all punch-in, punch-out collapse on the couch. These hardworking nectar-mongers are sipping on sweet, sweet juices all day […]
Dank Genetics is a seed bank created from a community of growers from around the world established in the UK, formed with the intention of creating excellent quality cannabis strains either as regular or feminised seeds.
The search for genetic excellence has led Dank Genetics to use only the best strains on the market to make their own dank creations. So, unless the new genetics can pass their strict quality tests, they won’t be distributed, which means we can safely say that all of the strains presented by Dank Genetics are excellent options. Let’s look through the most representative current strains of this exciting seed bank below.
Fresh Orange, refreshing orange juice
A strain created by crossing Mandarina Kush, from Trichome Jungle Seeds, with Sour Dubble, also known as Sour Dubs, which results in a tasty, powerful and euphoric variety.
Let’s look at the origin of its ancestors to give us an idea of what growers can expect from Fresh Orange.
Fresh Orange from Dank Genetics
On one side we have the Mandarina Kush, a big winner at Spannabis in 2015, where it took the first positions both in the flower and the solventless extraction categories. It is a tasty poly-hybrid created by crossing Agent Orange x (Pinneaple x Dynamite …
As I discussed last week, hacked devices, breached networks, and stolen proprietary information have become commonplace in the cannabis industry. Because cybercrime variants are continually emerging, no company can achieve totally assured cybersecurity. Consequently, we strongly encourage all our clients to adopt a cyber incident plan for responding to attacks before they occur. Developing a vetted, comprehensive plan of action is the best way to effectively respond to an attack and to reduce the amount of damage to your company.
This post highlights some of the best practices for preparing and responding to a cyberattack.
Before falling prey to a cyberattack, your company should:
Identify Valuable Assets. Depending on your needs, it may be cost prohibitive to protect your entire business. Therefore, before creating a cyber incident plan, you should determine which data, assets, and device warrant the most protection.
Develop a Plan of Action. Cyber incident plans will differ in size and structure, but at a minimum, your plan should:
(i) Name those who have lead responsibility for different aspects of the response;
(ii) determine ways to contact critical personnel at all times;
(iii) identify how to preserve your most valuable assets, data, and device in a forensically sound manner; and
(iv) develop notification plan for customers and data owners whose data would be compromised during
At the end of June, the U.S. Senate passed its version of the 2018 Farm Bill, which included the full text of McConnell’s Hemp Farming Act of 2018. If the Senate version is enacted, hemp and derivatives, extracts, and cannabinoids derived from hemp would be treated as agricultural commodities and removed from the purview of the Controlled Substances Act and the Drug Enforcement Administration. Though this is certainly exciting news, it’s not quite time to pop the CBD-infused champagne just yet.
Both the Senate and the House have passed their own versions of the Farm Bill. The Senate included the full text of McConnell’s Hemp Farming Act, but the House version was silent on hemp. The Farm Bill covers a vast range of agricultural issues including subsidies and crop insurance. Now the House and Senate must harmonize their versions of the Bill, including the provisions that relate to industrial hemp.
The House and Senate passed motions to proceed to conference for their respective the Farm Bills. Both chambers will need to agree on which portions of each bill will be included in a conference agreement. U.S. Hemp Roundtable compiled a list of conferees for the House and Senate. The House is represented by 47 conferees and the Senate is represented by 9 conferees.
At the end of June, we wrote about the FDA’s approval of GW Pharmaceutical’s drug Epidiolex (containing cannabidiol), an oral solution for treatment of seizures. On July 9, 2018, California Jerry Brown signed legislation approving Epidiolex for use under California law.
California, like many states, has its own version of the Controlled Substances Act. Similar to federal law, the California CSA classifies controlled substances into five schedules, the most restrictive being Schedule I and the least restrictive being Schedule V. Under existing California law, cannabidiol (CBD) is Schedule I because it is a compound contained in cannabis, also a Schedule I drug.
The Legislature finds and declares that both children and adults with epilepsy are in desperate need of new treatment options and that cannabidiol has shown potential as an effective treatment option. If federal laws prohibiting the prescription of medications composed of cannabidiol are repealed or if an exception from the general prohibition is enacted permitting the prescription of drugs composed of cannabidiol, patients should have rapid access to this treatment option. The availability of this new prescription medication is intended to augment, not to restrict or otherwise amend, other cannabinoid treatment modalities including, but not limited to, industrial hemp products and derivatives containing cannabidiol, currently available …
Oregon was one of the first west coast states to require employers to provide sick leave to employees. Oregon law requires cannabis business (as well as all other businesses) to provide at least 40 hours of protected sick leave a year to its employees. The law is still relatively new and therefore there have been few reported violations. However, on July 3, 2018 Oregon Bureau of Labor and Industries (BOLI) issued sanctions against Lioness Holdings, LLC DBA Tan Republic for violation of the sick leave laws. The BOLI order gives us an idea of what kind of penalties we can expect against businesses that fail to comply with the law.
Tan Republic’s employee handbook required employees to find coverage for their duties in the event of illness and to obtain a physician’s note. Sarah Levin, an employee of Tan Republic, requested to use her sick leave in mid-October. She was unable to find coverage for her shift and her manager requested she appear as scheduled for work. She did so and her illness progressed. The next day Ms. Levin again requested sick leave accommodations. Her manager requested she provide a physician’s note the same day. Ms. Levin was unable to do so and the same day her employer emailed …
A one hitter is a small pipe with a narrow bowl that is designed and used for a single inhalation, or one hit. It typically holds about 25 milligrams of cannabis (a single hit). Although you may be most familiar with the one hitter that looks like a cigarette, there are actually a few different traditional styles of one hitter pipes.
Traditional Styles Of One Hitter Pipes
The kiseru is a Japanese pipe typically made of metal and bamboo — metal for the mouthpiece and bowl with bamboo in between. Kiseru became popular in the 17th century and can even be found mentioned in some Buddhist textbooks.
The midwakh is a Middle Eastern pipe that is traditionally used to smoke tobacco mixed with herbs. These one hitter pipes are mostly produced in the United Arab Emirates and can be made out of a multitude of materials, including wood, bone, metal, or glass.
A sebsi is a Moroccan pipe with a narrow clay bowl. The stem is made of wood and has been traditionally used to smoke cannabis pollen, or kief. They can be up to 18 inches long.
Chillums are straight, conical one hitter pipes that feature a channel connected from end to end. They are typically made of …
Now that the MAUCRSA transition period is over and full cannabis testing is in the works, we can fully expect California marijuana companies to start engaging in recalls of certain products for a variety of reasons. In fact, a voluntary recall has already been initiated by The Bloom Brand where an impermissible pesticide (Myclobutanil) was present in one of its product batches that made it to retailers. Recalls like this are going to continue to increase, and we have to applaud The Bloom Brand for being conservative when it comes to consumer protection. Hopefully, other companies will follow suit and not try to cut corners where the resulting consequence is undoubtedly litigation, reputational disaster, and even dissolution if not fixed and fixed immediately.
So, what do you do in California if you find yourself inching up towards a recall?
First, you start with the readopted emergency regulations, which lay the field for what has to go down in the event of a recall. The California Department of Public Health-Manufactured Cannabis Safety Branch oversees licensing and enforcement for all manufacturers, and recall protocol is found at section 40268 of the emergency regulations. CDPH is the only agency right now with recall protocol codified in the emergency rules. Specifically, as a condition of licensure, you have to have a recall plan …