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Mediation of Cannabis Disputes: Part 2

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cannabis litigation mediationIn Part 1 of this series we discussed how mediation works in most cannabis disputes. Today, we discuss some strategic considerations to increase the likelihood of success in cannabis mediation.

     Know your audience(s): Unlike in litigation or arbitration, where your audience is a disinterested third party judge, jury, or arbitrator, your primary audience in mediation is the other side. After all, mediation will not result in settlement unless both sides agree. But consider the other audiences, i.e., those on your own side. Many cannabis businesses have multiple owners or decision makers. Mediation can be an excellent way for your management team to fully understand the dispute, so that the team itself can decide on a resolution that will best satisfy all the stake holders.

     Look for a resolution, not a victory: The goal in most mediation is for all parties to resolve the dispute, not for one party to emerge victorious at the other’s expense. It is the rare case where a party in mediation will find it in its best interests to completely capitulate. If you expect to get all or most of what you might get at trial, you are unlikely to succeed in mediation.

     Don’t just trade offers: Even when the principal issue between parties seems to be how much money will change hands, just exchanging …

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California Cannabis Leasing: Federal Enforcement Is Not The Only Concern

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california cannabis lease
…with your California cannabis lease.

The current state of enforcement in California tends to be dominated by headlines about the Department of Justice, Jeff Sessions, the DEA, and the Controlled Substances Act. And for good reason—under the constitution, federal law is the law of the land, and commercial landlords and tenant alike should study federal enforcement guidelines closely. Lease agreements should account for those guidelines by mandating clear tenant compliance obligations as well as providing for appropriate remedial measures in the event those obligations are not followed.

But California’s commercial cannabis legal regime does not exist under or because of federal law—rather, it is a creature wholly of state and local law. California statutes, state agency regulations, and city and county ordinances, zoning plans, and land use restrictions are what form the flesh and bones of California cannabis law. As a result, most risks affecting commercial tenancies materialize not from threatened federal action, but from issues surrounding compliance with state and local law, and related enforcement actions. Commercial cannabis leases in California should therefore primarily account for and address these risks. Following are examples of some specific issues that should be addressed in the marijuana business leasing process.

     1.     State and local enforcement actions. 

After twenty years of a mostly hands-off approach to the medicinal cannabis …

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Cannabis Intern: Is That Even a Thing?

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cannabis marijuana intern
Is your “intern” really an intern?

A simple google search for “Cannabis Intern” turns up around 340,000 results. As an employment attorney, the word “intern” is a major red flag for me — right up there with “independent contractor.”  Why? Because “intern” positions are often misused and many businesses, even sophisticated ones, believe labeling someone an intern means you do not have to pay them.

Employers can—and in certain situations encouraged to—hire interns. Properly classified interns do not have to be paid minimum wage. Employers may have the best intentions hiring an unpaid or low-paid intern. They truly believe the worker will obtain important training and education from the position. That might even be true. But, if a person is providing a service for an employer and is not paid or is paid under minimum-wage, employers could be in a lot of trouble for violation of both state and minimum wage laws.

What makes an intern actually an intern rather than an employee of a company? The U.S. Department of Labor has a seven-part test for determining the status of interns . When evaluating the employment relationship between an employer and an intern a court will consider:

  1. How similar the training is to that which the worker would receive in an educational environment;
  2. The extent to which the training

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Humic and fulvic acids for cannabis plants

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The use of humic and fulvic acids is becoming increasingly popular among all types of cannabis farmers, who can now take advantage of a healthy, rich and living soil that produces happy plants and therefore abundant harvests. Thanks to this substances, nutrient uptake and management are much more efficient, and root growth is simply spectacular.

Either if you’re using organic soil or hydroponic systems, using  humic and fulvic acids is a very easy way to ensure the best possible conditions for the roots of your plants. Indeed, it is especially recommended in hydroponic cultivation since these types of growing media do not contain nutrients nor microbial life. In this way, you get the most out of the nutrient solution that you’ve carefully prepared for your plants.

Quality soil produces quality flowers

Quality soil produces quality flowers

Soil organic matter

Soil is composed by many substances, some of them resulting from a transformation process of certain molecules. Among the organic components of soil, we can find living organisms on the one hand and organic matter on the other, which usually comes from chemical and microbial transformation processes of organic wastes contained in the soil.

In turn, we can divide this organic matter into unaltered material (fresh, not processed or modified) and altered material (sometimes called humus), which are byproducts physically and chemically different from …

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Protecting Your Cannabis Copyrights (Yes, You Have Them)

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cannabis copyright marijuanaCopyright is an aspect of intellectual property (IP) law less frequently considered by cannabis businesses than trademark, trade secrets or even patents it seems. Yet, like these other forms of intellectual property, copyrights can afford their holders with market dominance and profitability when utilized correctly. Almost all marijuana businesses own numerous unregistered copyrights, whether or not they realize it.

This post briefly covers the concept of copyright and how it applies to the cannabis industry.

What does copyright protect?

Copyright is a form of IP law that protects creative expression of ideas. Specifically, copyright protects original works of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

The cannabis industry protects copyrights in a variety of ways. For example, the writing and photographs on a cannabis business’s website are copyright protected. This might include descriptions of a particular product or just the layout of the website itself. Physical media like labels, product tags, packaging, logos, instructional materials, and product design can all be protected by cannabis industry copyrights. Books that discuss cannabis production methods, such as Ed Rosenthal’s “Marijuana Grower’s Handbook,” also have copyright protection.

Is registration necessary for copyright protection? 

No. A work of authorship is protected the moment it is created and “fixed in a tangible form.” A …

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What Are You Smoking? Episode 41: Meet OTTO, The Joint-Rolling Robot

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This week on What Are You Smoking, we sit down with OTTO, the joint-rolling robot from Banana Bros and chat with inventor David Richmond about how artificial intelligence can bring you a better smoke.

The post What Are You Smoking? Episode 41: Meet OTTO, The Joint-Rolling Robot appeared first on Leafly.

Source: https://www.leafly.com/news/podcasts/what-are-you-smoking-41-joint-robot-otto…

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Oregon Cannabis: The Week that Was

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No shortage of cannabis news in Oregon.

Here we are a few years into legalization of recreational cannabis sales in Oregon, and it’s never a dull moment. Over the past week or so, there have been no fewer than three significant developments around the state with respect to marijuana law and policy. We summarize each below.

     1.     The OLCC hit “pause” on accepting license applications.

A few weeks back, we covered the dramatic Oregon Liquor Control Commission (OLCC) announcement that it would “pause acceptance of marijuana applications” effective June 15th. The apparent goal was to ensure that our licensing paralegal, Meghan Saunders, would receive hundreds of urgent client emails and phone calls over a two-week period. And she definitely did.

The official explanation, of course, is that the agency was simply too far behind to perform adequate services for existing applicants and licensees. That is the explanation OLCC Executive Director Steve Marks gave in the May 30th announcement, and it’s the explanation OLCC Policy Director Jesse Sweet gave at the seminar that he and I co-chaired on June 7th. All in all, it seems like a reasonable explanation.

Fortunately, some of the pressure from the initial announcement was alleviated on June 8th, when OLCC clarified that it would consider an application …

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What Is Marijuana Yoga?

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Western culture has fully embraced the art of yoga while adding new extensions to the traditional practice. Acro-yoga, hot yoga, and yogalates sound familiar to most people, but the next yoga wave mixes in a new aspect: marijuana. Keep reading to discover what this type of yoga class entails.


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/what-is-marijuana-yoga…

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Will California Cannabis Businesses Be Ready for July 1?

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When California was getting ready to legalize adult-use and medically commercial cannabis sales on January 1, 2018, we all knew it would be a bumpy ride. Going from the collective, cooperative, and non-profit models that governed marijuana operators (and I use the term “governed” loosely) prior to 2018, to a robust regulatory regime that was going to keep the federal government on the sidelines (hopefully) and better serve the public and the environment was never going to be easy.

When the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) was enacted in June of 2017, it merged the Medical Cannabis Regulation and Safety Act (MCRSA) and the Adult-Use of Marijuana Act (AUMA) into one regulatory regime. Under MAUCRSA there are three state agencies responsible for regulating and licensing cannabis operators: 1) The California Department of Food and Agriculture (CDFA), regulates cultivators, processors, and nurseries; 2) The California Department of Public Health’s (CDPH) Manufactured Cannabis Safety Branch regulates cannabis manufacturers; and 3) The Bureau of Cannabis Control (BCC) regulates distributors, retailers, delivery-only retailers, microbusinesses, temporary cannabis events, and laboratories.

In November of last year, all three agencies released their emergency regulations and licensing requirements (which we covered here and here). Upon gathering input from the public and cannabis businesses, all three state agencies made changes to their emergency regulations …

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Cannabis pesto

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Summer heat is comming, and with it the desire to consume fresh foods and drinks like fruit juices, salads, guacamole or, of course, pesto! Originary from the northwestern part of the country, from one of the smallest regions in Italy (Liguria), this delicious, classic Italian sauce has become a true classic across the planet, especially when mixed with pasta. Let us welcome it today to our Cannabis Kitchen section!

While the main ingredients of the traditional recipe are genoese basil, garlic, pine nuts, salt, parmesan or pecorino cheese and olive oil, there are plenty of variations of this popular sauce, like red pesto (with fresh or dried tomatoes) or using a wide variety of dried fruits which can be either mixed with the pine nuts or used to replace them (it is hard to find them in some places!). Today we invite you to make a delicious dish of pesto pasta with a new and exciting ingredient…you guessed right, cannabis!

Cannabis pesto pasta recipe

To prepare this recipe we’ll need the following ingredients. Keep in mind that, as happens with any other recipe, you should not hesitate to innovate and try new things if you wish! Remember that you can check our recipe for cannabis infused oil in this article Cannabis Pizza.

Ingredients for cannabis pestoIngredients for cannabis pesto

Ingredients for cannabis pesto

Ingredients

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Oregon OSHA and Your Cannabis Business

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Oregon safety marijauana
The OSHA model. And a good look for cannabis business.

So, what is Oregon OSHA (“OR OSHA”)?

OR OSHA is the Oregon Occupational Safety and Health Act. This law requires employers to “furnish employment and a place of employment which are safe and healthful for employees.” In other words, employers are required to maintain safe workplaces. This means that employers are required to identify potential workplace hazards, prevent such hazards, and provide safety measures to employees to protect their health and safety, in all situations where hazards are inherent in the job or otherwise unavoidable. Does this law apply to cannabis employers? You bet.

OR OSHA also identifies certain conditions as inherently hazardous or unsafe, and regulates the condition or practice by imposing employer requirements to mitigate the condition or practice (think fall protection when on a ladder). The kind of marijuana business you run will dictate what OR OSHA regulations are triggered.

For example, marijuana producers are subject to the OSHA agricultural rules. These rules require employers to protect employees from things such as machine hazards, mold, electrical hazards, and heat exposure, among other things agricultural employees are subject to.  Marijuana processors must comply with special requirements for employees handling extraction chemicals. Retail operators must ensure employees are safe from slips, trips, and falls. Etc.

In addition to protecting …

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5 Predictions for the Future of Cannabis Production in Canada

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The future looks green as Canada becomes one of the first countries with a national legalization plan for marijuana. This is noteworthy for current and future licensed producers, paving the way for some interesting industry trends. Here are five predictions for cannabis production in Canada.

Visit a Clinic


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/5-predictions-for-the-future-of-cannabis-production-in-canada…

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ICYMI: Los Angeles Amends Local Commercial Cannabis Regulations

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It’s no secret that the City of Los Angeles has struggled with implementing its commercial cannabis program under the Medicinal and Adult-Use Cannabis Act (“MAUCRSA“). The licensing of existing medical marijuana dispensaries (“EMMDs”) under Measure M has been a slow and opaque process, but Los Angeles is committed to the success of its cannabis program long-term and isn’t in any rush to act hastily when it comes to continued licensing by the Department of Cannabis Regulation (“DCR“) and Cannabis Regulation Commission. Indeed, just last week, the Los Angeles City Council adopted a handful of ordinances and made several recommendations to the City Attorney (and other City departments) to tighten, clarify, and technically fix its current commercial cannabis legislation. The amended regulations take effect on July 23, 2018.

Here are the major highlights:

  • Off-site Advertising. Ordinance No. 185607 addresses commercial cannabis advertising in the City. We now have a 700-foot distance buffer for any off premises advertising for “Cannabis, Cannabis Products, or Cannabis Activity” in any “Publicly Visible Location” from “any School, Public Park, Public Library, Alcoholism or Drug Abuse Recovery or Treatment Facility, Day Care Center, and Permanent Supportive Housing,” except for those advertising signs that are located inside the licensed premises (unless it’s a window sign), or if the advertising sign is on any

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The Anatomy of a Cannabis Trademark TTAB Decision

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We’ve written (and talked) extensively about the dos and don’ts of filing cannabis-related state and federal trademarks, and we all know by now that you cannot obtain a federal trademark registration for goods or services that are not lawful pursuant to federal law. But I’ve heard a lot of creative arguments in this space, and have had many clients indicate an interest in challenging the status quo at the United States Patent and Trademark Office (USPTO).

Unfortunately (or fortunately, depending on how you look at it), the Trademark Trial and Appeals Board (TTAB) has handed down numerous opinions of precedent that lay forth the USPTO’s position on the “lawful use in commerce” requirement in detail. In this post, I thought it would be useful to breakdown the TTAB’s analysis on this issue via their In re PharmaCann LLC opinion, which was issued in June of 2017.

marijuana cannabis trademark
No lawful use in commerce = no trademark.

In the PharmaCann case, the Applicant sought registration of two trademarks: PHARMACANN and PHARMACANNIS, both for “retail store services featuring medical marijuana,” in International Class 35, and “dispensing of pharmaceuticals featuring medical marijuana,” in International Class 44. The Examining Attorney refused registration of both marks pursuant to Sections 1 and 45 of the Trademark Act, 15 U.S.C. §§ 1051 and 1127, on the ground …

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Cannabis Patent Applications: Prolonging the Lifespan of Trade Secrets

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…all the way through the patent application process.

The cannabis industry relies on trade secrets and increasingly, patents, to protect intellectual property (IP) assets. Patents protect new and non-obvious inventions, including plants, processes, and machines, while trade secrets protect any information, including “patentable inventions,” that provide economic value to the holder if kept confidential. Accordingly, the same information could potentially be protected by patents or trade secrets.

Although patents and trade secrets are alternative protections, marijuana businesses should treat them as complementary to expand the lifetime of a trade secret disclosed in a patent application until the patent issues.

Patents afford the most powerful IP protection in that they provide their owner with a temporary monopoly to exploit her invention, including against those who independently discover the invention. In exchange for this temporary monopoly, the patent owner is required to fully disclose the invention to the public, so that once the patent expires, anyone may freely utilize the invention.

Generally, the disclosure of the invention occurs roughly eighteen months from the date of filing through a process known as “publication.” Publication does not grant the patent nor does it guarantee that the patent will be issued by the United States Patent and Trademark Office (USPTO). Instead, publication simply allows the public to examine the patent application while it is …

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Can Seniors Use Medical Cannabis?

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You might be shocked when you first discover that grandma was recently approved for medical cannabis, but she isn’t the only person in her age bracket using it. Seniors are the fastest-growing population of new users.


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/can-seniors-use-medical-cannabis…

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Breaking Cannabis Banking: Tips on Getting an Account

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bank marijuana cannabis
Banking is within reach for many cannabis businesses.

In my previous post, I wrote about avoiding the scammers that abound when it comes to cannabis banking. Because cannabis is federally illegal, getting a bank account has been very difficult for cannabis businesses even though the 2014 FinCEN guidelines (see here) allow financial institutions to provide banking services to cannabis businesses under certain circumstances — which guidelines are still alive despite Attorney General Jeff Sessions rescinding the Cole Memo. Ultimately, FinCEN makes clear in its guidelines that they “should enhance the availability of financial services for, and the financial transparency of, marijuana-related businesses.”

But what exactly should a cannabis business do to get a legitimate bank account with a real financial institution? Plain and simple, you make it as easy as possible for the bank or credit union to abide by the FinCEN guidelines. This means you do not lie about or omit anything regarding your cannabis business.

To even get to this point though, your cannabis business must be in a state with “robust regulations” that give its regulators the authority to tightly control and govern its cannabis industry. And not all states are created equal when it comes to this.

In states like Washington, Oregon, and Colorado, banking is made a little easier because those states …

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Top Five Things Your CBD Business Needs to Consider

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It is no secret that cannabidiol (CBD) is having a moment right now. Unlike its cousin tetrahydrocannabinol (THC), which is another cannabinoid found in the cannabis plant, CBD is not psychoactive. It has been growing in popularity for years for medical and other applications, but has really taken off lately.

Though CBD has become increasingly popular, it is still important to proceed with caution for any businesses operating in this space. Below are five important questions to keep in mind when dealing with CBD.

1.  What is the source of the CBD?

It’s not an accident that this question is first on this list. The source is key. If you are selling CBD at a licensed dispensary in a state that permits the sale of marijuana, then you need to verify that the product comes from a licensed source. Some states like Washington and Oregon may allow CBD additives from other sources, while other states are silent on the topic. You should act cautiously either way.

If you are selling across state lines or in stores that are not licensed to sell marijuana, then you must ensure that  your product is either derived from industrial hemp or from portions of the cannabis plant exempt from the Controlled Substances Act’s (CSA) definition of “marijuana.” If using industrial hemp, you need …

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How Cannabis Oil Works to Combat 2 Health Conditions

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Cannabis has been used for thousands of years for the treatment of different diseases. It contains medicinal compounds known as cannabinoids that include Cannabidiol (CBD) and tetrahydrocannabinol (THC).

Book a Telemedicine Appointment


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/how-cannabis-oil-works-to-combat-2-health-conditions…

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Now is the Time to Identify and Protect Your Cannabis Trade Secrets

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cannabis trade secretIn the world of intellectual property (“IP”), there are four categories under which your IP may fall:

  1. A trademark is any word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others. Similarly, a service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Trademarks are your brand names, and can remain in place forever so long as you are making actual, lawful use of your mark in commerce.
  2. A patent is a limited duration property right relating to an invention that is granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. Patentable materials may include machines, manufactured articles, industrial processes, chemical compositions, and certain plant genetics. Design patents will give the patent holder exclusive rights to exploit the patented materials for 15 years from issuance, and a utility patent or plant patent will be valid for 20 years from issuance.
  3. Copyrights protect original works of authorship including literary, dramatic, musical, and artistic works, including poetry, novels, movies, songs, computer software, and architecture. For works created by an individual, copyright protection lasts for the life of the author, plus 70 years. For works created anonymously, pseudonymously, and for hire, protection lasts

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Legal cannabis buds now available

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Alchimia Grow Shop have recently introduced a new and interesting product, 100% legal cannabis buds with CBD. The THC content (<0,2%) of this flowers is far below the legal limit, while CBD content is up to 8%, so they’re especially aimed at those who want to benefit from the medicinal properties of CBD – and other non-psychoactive cannabinoids and terpenes – without getting “high”.

We invite you now to take a closer look at these new products and know more about their main characteristics.

Hemp cultivation is recovering its former importance

Hemp cultivation is recovering its former importance

Legal cannabis buds?

Indeed, and as we already mentioned, THC levels in these buds are below the legal limit, thus being officially classified as “hemp”. Thus, you can freely – and legally – purchase and use these flowers in most countries where “marijuana” is illegal (that is to say, cannabis with high THC content). What is then the difference between this new product and the hemp flowers which have been already available for some time? Well, the main difference here – apart from growing techniques – is the genetics used to produce this buds, far superior from traditional hemp varieties.

Cannabinoid content of Orange Star

Cannabinoid content of Orange Star

Despite most hemp strains contain considerable amounts of CBD and almost no THC, many of them have unpleasant scent and taste. In this …

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Legal cannabis buds now available

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Alchimia Grow Shop have recently introduced a new and interesting product, 100% legal cannabis buds with CBD. The THC content (<0,2%) of this flowers is far below the legal limit, while CBD content is up to 8%, so they’re especially aimed at those who want to benefit from the medicinal properties of CBD – and other non-psychoactive cannabinoids and terpenes – without getting “high”.

We invite you now to take a closer look at these new products and know more about their main characteristics.

Hemp cultivation is recovering its former importance

Hemp cultivation is recovering its former importance

Legal cannabis buds?

Indeed, and as we already mentioned, THC levels in these buds are below the legal limit, thus being officially classified as “hemp”. Thus, you can freely – and legally – purchase and use these flowers in most countries where “marijuana” is illegal (that is to say, cannabis with high THC content). What is then the difference between this new product and the hemp flowers which have been already available for some time? Well, the main difference here – apart from growing techniques – is the genetics used to produce this buds, far superior from traditional hemp varieties.

Cannabinoid content of Orange Star

Cannabinoid content of Orange Star

Despite most hemp strains contain considerable amounts of CBD and almost no THC, many of them have unpleasant scent and taste. In this …

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President Trump, Cannabis and the STATES Act

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“What do you do?”

When meeting someone for the first time this is a pretty standard ice-breaker. Usually the responses are pretty innocuous: “I’m in sales” or “I’m in IT”. But if you add “…in the cannabis industry” to those answers you’re bound to get a number of follow up questions. When I tell people that I advise businesses, investors, and ancillary service providers in the marijuana industry, without fail the first question that I get is “Aren’t you worried about the federal government?” I then go into discussion on the Rohrabacher-Blumenaur Amendment (formerly the Rohrabacher-Farr Amendment), the history of the Cole Memo (which although rescinded still plays an important role in banking), and the importance of complying with your state’s cannabis regulations. Lastly, I talk about the change in the national discussion and perception of the cannabis industry. Gone are the days of the “lazy stoner” stereotypes (although perhaps not for U.S. Attorney General Jeff Sessions). Instead we have sophisticated cannabis businesses providing products to a large and diverse section of America – with more and more states looking to legalize either medical or adult-use marijuana activities this year.

For those of us who follow cannabis bills in the U.S. Capitol and in our state legislative houses, it’s clear that there is momentum towards ending America’s shortsighted and …

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Industrial Hemp: Don’t Forget About State Law!

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industrial hemp CBD legal

As CBD and hemp continue to grow in popularity we are receiving an increasing number of calls and emails from companies that want to distribute hemp across the country. We have written about the legality of hemp and CBD under federal law:

This post focuses on another topic: state law on CBD and Industrial Hemp.

The 2014 Farm Bill grants states the authority to regulate Industrial Hemp, which contains less than .3%  THC on a dry weight basis, through an Agricultural Pilot Program. The Farm Bill also requires that Industrial Hemp is overseen by a state’s department of agriculture. The Farm Bill is light on additional details and states have taken different approaches to regulating Industrial Hemp and CBD derived from Industrial Hemp.

Colorado cemented its place in history as a cannabis pioneer by legalizing marijuana in 2012 along with Washington. Colorado’s hemp credentials are also solid as it has dedicated more acreage to the cultivation of hemp than any other state. Cultivators are permitted to sell hemp to …

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Cake and Cannabis: What the Masterpiece Cakeshop Case Means for Marijuana Businesses

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marijuana cannabis gay
Be inclusive with your business — cake or cannabis.

What do cake and cannabis have to do with each other? Besides the obvious late-night munchies or a great recipe for an edible, a recent Supreme Court decision involving cake impacts cannabis businesses across the nation.

The Masterpiece Cakeshop case garnered a lot of media attention—and for good reason. Not only are the facts enticing but the outcome is even more surprising.

In 2012, Masterpiece Cakeshop owner, Jack Phillips, refused to create a cake for David Mullins and Charlie Craig’s same-sex wedding. He said he would not use his talents to convey a message of support for same-sex marriage at odds with his religious beliefs. Colorado, like most states, prohibits businesses from discriminating against individuals on the bases of sex or sexual orientation. This means that Colorado businesses who are open to the public cannot refuse to serve someone because of their sexual orientation.

Mr. Mullins filed a complaint with Colorado’s Civil Rights Commission contending Masterpiece Cakeshop discriminated against him and his partner based on their sexual orientation. Mr. Mullins prevailed in front of the Commission and in state courts. Masterpiece Cakeshop appealed to the United States Supreme Court and argued Mr. Philips’ right to free speech would be violated if he were required to create a cake for the couple. …

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Enforcement in California Commercial Cannabis

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california marijuana cannabis

The year 2018 has been confusing so far for California’s commercial cannabis industry in terms of the conflict between federal and state legal regimes. It began with California formally opening its doors for licensed cannabis activity. That was soon followed by the U.S. Department of Justice rescinding its 2013 Cole Memo that deprioritized enforcement against state-legal cannabis operations — a move that sparked considerable concern among operators who had invested substantial resources to become legitimate, licensed cannabis businesses. Then we discovered that the former Republican speaker of the House, previously having been “unalterably opposed” to cannabis, had now become a board member of a cannabis investment company.

Next, we heard about a massive enforcement effort against cannabis grow operations in Sacramento involving one of the largest residential civil asset forfeiture efforts in U.S. history. Meantime, California continued to struggle with its persistent black market problem, as the vast majority of operators have declined to come into regulatory compliance, due in no small part to the enormous market advantage of not paying licensing fees or the extremely high taxes levied on legitimate cannabis businesses.

The uncertainty and apparent inconsistency begs the question, what are the current state and federal policies on cannabis enforcement in California? We don’t have a crystal ball, but we can glean some information based …

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5 Ways Marijuana Is Used Medicinally

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Marijuana is a psychoactive substance that is obtained from the cannabis plant. The term medical marijuana refers to the use of the substance for treating symptoms of health disorders. Doctors authorize the use of marijuana— either unprocessed or its extract — for relief from different symptoms.


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/5-ways-marijuana-is-used-medicinally…

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Issues to Consider When Drafting Your Cannabis Licensing Agreement

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marijuana cannabis brand licenseLast week I had the pleasure of attending the International Trademark Association’s (INTA) Annual Meeting in Seattle, where trademark practitioners from around the world convened to geek out on all things brand-related. One of the prevalent topics of conversation was trademark licensing. While we’ve discussed at length some of the challenges of entering into Intellectual Property (“IP”) licensing deals in the cannabis industry, I thought it would be helpful to discuss a few of the key licensing terms discussed at INTA that should be negotiated in any trademark licensing deal, regardless of the industry.

  1. Royalties

How payment will be structured is a pillar of any trademark licensing deal, and the way that royalties are structured can often be a source of contention between the licensee and licensor. In the cannabis industry, you’ll need to contemplate what royalty structures are permissible under state cannabis laws, and what implications a royalty based on revenue will have on your state cannabis license. For example, in Washington State, a licensing deal with a royalty structure based on profits or revenue would trigger the “true party of interest” requirements under the Liquor and Cannabis Board’s regulations. In California and Oregon, taking a royalty based on revenue or profit will qualify you as a “financial interest holder” in a licensee.

Other considerations include whether to ask …

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Cannabis Herbal Blends | Teas, Vape Blends & Essential Oils

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Cannabis is an herb. That’s obvious. So, doesn’t it make sense that it would pair well together with other like-minded herbs to create power herbal blends? Cannabis has been demonised over the years for its psychoactive effects and still has a stigma of being a class 1 drug (worse than synthetic drugs like cocaine). The […]

The post Cannabis Herbal Blends | Teas, Vape Blends & Essential Oils appeared first on LIWTS.

Source: https://www.liwts.org/cannabis/cannabis-herbal-blends-teas-vape-blends-essential-oils/…

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Oregon Cannabis: Using the Initiative Process to Legalize Local Marijuana Businesses

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marijuana cannabis oregon initiative
The goal of your ballot initiative is to get to a vote.

Oregon successfully legalized the use, sale, processing, and production of recreational marijuana in 2014 through the initiative process. The initiative process is a method of direct democracy that allows people to propose laws outside of the normal legislative process. Oregon’s marijuana statute (ORS 475B) allows cities and counties to “opt-out” of commercial recreational marijuana. In other words, cities and counties do not have to allow for the sale, processing, or producing of marijuana within their jurisdictional borders. ORS 475B, as originally written, allowed cities and counties to automatically opt-out if registered voters in the jurisdiction voted at least 55% against the legalization. All other cities or counties could either create reasonable time, place, and manner restrictions for marijuana businesses or could put up an opt-out vote to the public at the next general election.

Many cities and counties chose to opt-out from legalized recreational marijuana. In these jurisdictions, citizens can still use and possess marijuana, but licensed recreational businesses are not allowed to operate in jurisdictions that opted-out. Still, citizens can use the initiative process to change these local laws. The initiative process allows for citizens to propose a city or county ordinance allowing Oregon Liquor Control Commission (OLCC) licensed marijuana businesses within the jurisdiction. We have …

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7 Things to Know about Prescription Cannabinoids

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Prescription cannabinoids are a form of medical marijuana available to patients. While most people are familiar with other variations, such as dried marijuana and cannabis oil, this form could also be prescribed to treat your medical condition. 


Source: http://www.medicinalmarijuanaassociation.com/medical-marijuana-blog/7-things-to-know-about-prescription-cannabinoids…

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