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NEWS(Meaningless?) Federal Vote On Marijuana Legalization Is On The Horizon

ARTICLE BY: HILARY BRICKEN

I’ve been practicing corporate, transactional, and regulatory law in the marijuana industry for going on 10 years now. I’ve never understood exactly why folks get excited about, or even remotely interested, when various lifetime politicians in Congress push bills on the federal legalization/rescheduling of marijuana. Why? Because these bills notoriously go nowhere (for a number of what seem to be purely political reasons) and will continue to go nowhere, in my opinion, where marijuana (while extremely popular with most Americans and obviously with certain entire states) is still too politically hot to trust out-of-touch members of Congress to do anything meaningful about it, and especially now given that the nation’s priorities seem to revolve around dealing with COVID-19 (and rightly so).

The House’s planned floor vote in early September around the most recent federal marijuana legalization measure (the Marijuana Opportunity Reinvestment and Expungement Act (“MORE Act” (see the House version here, which was introduced last year)) is no different. While I’m glad to see members of Congress continue to try to chip away at the continued (failed) War on Drugs regarding cannabis, I’m honestly tired of seeing the fanfare attendant with these legalization bills. At the same time, my interest in these things is usually peaked when looking at what members of Congress are willing to push when it comes to nationwide legalization.

Yes, this upcoming vote is still significant and historic because neither chamber of Congress has ever voted on completely removing marijuana from the federal Controlled Substances Act (and the MORE Act is a bipartisan bill, too), but we all know where this is going–the Democratic-controlled House will likely pass the bill and the GOP-controlled Senate will very likely ignore it or shut it down. I also can’t ignore the fact that the bill’s Senate sponsor is Senator (and democratic vice president nominee) Kamala Harris who admittedly has a terrible record on prosecuting marijuana crimes from when she was the Attorney General of the State of California and is now in the past two and a half years miraculously behind supporting marijuana legalization culminating in a presidential election year. Pretty convenient.

What exactly would the MORE Act do? It completely removes marijuana from the federal Controlled Substances Act, decriminalizing/descheduling it altogether and eliminating criminal penalties for everyone in the commercial chain of production, distribution, and sales (which would also mean that the banking access woes and draconian impact of IRC 280E would be over). Right now, marijuana is a Schedule I controlled substance and illegal under federal law, making its home on schedule I next to LSD and heroin. The Act would also expunge marijuana criminal records dating back to May 1, 1971 because it’s retroactive. The Bureau of Labor Statistics is also charged under the Act with collecting and compiling a variety of data on marijuana businesses and their owners. The Act creates the Opportunity Trust Fund with various earmarks to the Attorney General and the Small Business Administration (SBA) (with the SBA allocations meant to support the Marijuana Opportunity Reinvestment and Expungement Act of 2019). A federal tax would also be imposed on marijuana products “manufactured in or imported into the United States . . . equal to 5 percent of the price for which sold.” Importantly, while the Act empowers the Feds to engage in rulemaking for a federal regulatory framework, states would still be in control of licensing, oversight, and enforcement within their borders (very similar to alcohol).

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What do we know about cannabis and autism?

For autistic people and their families, the therapeutic potential of cannabis is promising, but the research remains limited.

Spectrum, a publication dedicated to autism research, has published a guide detailing what is currently known about cannabis and autism.

Fourteen U.S. states have approved medical cannabis as a treatment option for autism and GW Pharmaceuticals, the company behind Epidiolex, the first cannabis-derived drug approved by the U.S. Food and Drug Administration, is currently conducting trials to measures its effectiveness in treating Rett syndrome, an autism spectrum disorder.

According to Spectrum, the company is also recruiting autistic children for a phase 2 trial of cannabidivarin, another component of cannabis.

The success of Epidiolex has led many to wonder if the drug could be similarly successful in treating seizures and other autism-related traits. The quick answer? It’s still too early to know.

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Missouri Medical Cannabis Faces Delays Due to Testing

Missouri medical cannabis is being delayed yet again and is still not available for purchase, still because of a lack of testing sites for cannabis as well as delays caused by COVID-19. 

Many cannabis patients in Missouri who have been eagerly awaiting legalization are frustrated at the lack of progress in the state. A few dispensaries are open, and a few growers are geared up and ready to go, but there are still no resting facilities at all, so none of the cannabis can be legally sold. 

“Everyone thought this would be progressed along a little bit faster. We’ve got a little over 60,000 patients that are waiting for guys like me to get up and growing,” John Mueller, CEO of Missouri dispensary Greenlight, said.

The Status of MMJ in MO

Part of the setback has been COVID-19, as shutdowns, cutbacks, and timeline changes have not helped to get testing facilities up and running, but the fact remains that the state is running out of time to get things going for 2021. 

“It slowed the industry down. Your planning and zoning, your city council, everyone across the state kind of took a pause,” Mueller said.

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Social and Racial Equity in the Cannabis Influencer Industry

Both business and culture surrounding legal cannabis have certainly seen a lot of attention over the last few years.

With cannabis rapidly becoming legalized in more U.S. states, we are seeing that culture reach a much broader audience.

But, is that culture representative of Black and racially diverse industry professionals?

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What Is THCA In Cannabis And What Can It Do For You?

THCA is the acid form of THC that’s found in the raw cannabis plant. What does all this mean though, and how can THCA have a positive impact on one’s life?

The cannabis plant contains over 400 chemical entities and more than 60 of them are cannabinoid compounds. One of these cannabinoid compounds is THCA (tetrahydrocannabinolic acid), which contains its own variety of medicinal properties and therapeutic effects.

THCA is a unique compound because it’s not only non-psychoactive and medically beneficial, but it’s the acid form of THC that’s found in the raw cannabis plant. What does all this mean though, and how can THCA have a positive impact on one’s life?

About THCA & Its Link To THC

As mentioned, THCA is the acid form of THC that’s found in the raw cannabis plant. In general, cannabis produces all cannabinoids in acid form. One of the most abundant of all cannabinoid acids is THCA, which is a precursor to THC. On its own, cannabinoid acids don’t make users high. Instead, these acids deliver a variety of health benefits minus changes in consciousness.

When one consumes THC, a decarboxylation process normally takes place first. Decarboxylation is the term that’s used to describe the heating of a compound via smoking or vaping. To convert THCA into THC, raw cannabis first needs to be dried, aged, and heated via smoking or vaping. Overall, THC is a breakdown of THCA, and it doesn’t deliver psychoactive effects until it’s heated through decarboxylation.

What Is THCA In Cannabis And What Can It Do For You

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More Seniors Turning to Cannabis and Backing Its Legalization

Seniors’ use of cannabis and their support for its legalization is on the upswing.

According to nationwide polling data compiled by the Pew Research Center, nearly two-thirds (63 percent) of “Boomers” (those born in the United States between the years 1946 and 1964) now say that marijuana ought to be legal for adults. That percentage is up significantly from a decade ago, when fewer than one-in-three seniors endorsed its legalization.

Some of this change in attitude is arguably the result of more seniors having firsthand experience with cannabis. According to data published this month in the journal Annals of Internal Medicine, “From 2016 to 2018, cannabis use increased for men in all age groups and in most women. … Among those aged 65 to 69 years, cannabis use increased from 4.3 percent to 8.2 percent in men and from 2.1 percent to 3.8 percent in women.”

Why are increasing numbers of seniors turning to — or in some cases, returning to — cannabis? For starters, in many jurisdictions, marijuana’s legal status has changed. Medical cannabis is now legally available in 33 states and throughout Canada — providing many older adults for the first time with safe, above-ground, uninterrupted access to an array of marijuana products. This access is pivotal to older consumers, as the majority of seniors prefer non-herbal, non-smoked cannabis preparations, such as marijuana-infused capsules or edibles — preparations that are rarely available in the illicit marketplace.

Furthermore, seniors are becoming more familiar with and accepting of cannabis’ therapeutic properties. Not only are increasing numbers of seniors becoming aware that cannabis can mitigate many of the health-related symptoms that come with older age, such as chronic pain, but they also understand that it can do so with fewer side-effects than many prescription drugs, like opioids.

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More Seniors Turning to Cannabis and Backing Its Legalization

Seniors’ use of cannabis and their support for its legalization is on the upswing.

According to nationwide polling data compiled by the Pew Research Center, nearly two-thirds (63 percent) of “Boomers” (those born in the United States between the years 1946 and 1964) now say that marijuana ought to be legal for adults. That percentage is up significantly from a decade ago, when fewer than one-in-three seniors endorsed its legalization.

Some of this change in attitude is arguably the result of more seniors having firsthand experience with cannabis. According to data published this month in the journal Annals of Internal Medicine, “From 2016 to 2018, cannabis use increased for men in all age groups and in most women. … Among those aged 65 to 69 years, cannabis use increased from 4.3 percent to 8.2 percent in men and from 2.1 percent to 3.8 percent in women.”

Why are increasing numbers of seniors turning to — or in some cases, returning to — cannabis? For starters, in many jurisdictions, marijuana’s legal status has changed. Medical cannabis is now legally available in 33 states and throughout Canada — providing many older adults for the first time with safe, above-ground, uninterrupted access to an array of marijuana products. This access is pivotal to older consumers, as the majority of seniors prefer non-herbal, non-smoked cannabis preparations, such as marijuana-infused capsules or edibles — preparations that are rarely available in the illicit marketplace.

Furthermore, seniors are becoming more familiar with and accepting of cannabis’ therapeutic properties. Not only are increasing numbers of seniors becoming aware that cannabis can mitigate many of the health-related symptoms that come with older age, such as chronic pain, but they also understand that it can do so with fewer side-effects than many prescription drugs, like opioids.

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Why some athletes are turning to cannabis to help them train

This coming October, I’ll be completing my third half marathon — fingers crossed. Considering that I could barely run one kilometer when I first started jogging six years ago, I am pretty proud of myself. However, I am also self-aware enough to know that this journey has solely been to push my body and boundaries, not break any long distance records or compete in the Olympics.

One thing that has always been a concern for me, pre- and post-race, is pain management. I am laden with a myriad of ailments — think: lower back issues, torn ligaments in my left foot and a broken big toe on the right, both of which never quite healed properly. And ever since I was a child, I have been wary of taking pain meds.

So when I started looking into cannabis, for curiosity and journalism sake, I quickly came upon stories of people consuming cannabis for training purposes when it came to sports.

“Cannabis can be helpful for sports both during activity and afterward,” Dr. Jordan Tishler told me recently over email. “Its primary role is that of a pain reliever, which can be helpful in both situations.” Dr. Tishler, a Harvard-trained physician and cannabis therapeutics specialist with over 23 years experience in the field, notes that one stoner-ism does ring true regarding marijuana — it’s not a performance enhancer, and it can affect reaction time, so choose wisely when consuming for sports. “However,” he adds, “for real-world exercise, the decrease in pain, and perhaps increase in focus, can be of greater benefit than any specific detriment.”

One fascinating aspect for me were the women who were using cannabis as a pain salve while pushing their bodies to the limit.


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What You Need To Know About Treating Joint Pain With Cannabis

While CBD and THC certainly can’t take over the entirety of a pain management regimen, studies on cortisone treatments are bringing the conversations of cannabis to greater light.

From joint pain to the often debilitating effects of arthritis, corticosteroid injections have been a staple in managing pain and inflammation for the almost 30 million Americans that suffer from osteoarthritis (OA). With new research showcasing the long-term effects of one of the most used treatments for OA, doctors and researchers are concerned about the risks of injections and the potential risks involved with cortisone. 

Boston University study published this month found that patients who had been given the medicine by injection found a risk for “accelerated OA progression or adverse joint events after treatment.” Meaning, when a patient was treated for osteoarthritis via a shot of cortisone, it may have accelerated the progression of the disease, including complications, joint destruction, and bone loss. 

Interestingly, the study found that certain preexisting conditions, such as older age and Caucasian race seemed to increase the risk for the outcome even more. Researchers recommended MRI pre-screening before injections were given to identify the area better and find if the danger could be accurately assessed before the dose was given. 

Understanding the Effect of Cannabis on OA

Long cited and used for inflammation and joint pain, cannabis and CBD oil have helped with not only chronic pain conditions, but managing symptoms of OA. In a 2018 study published in the Current Opinion in Pharmacology, researchers stated, “There is a growing body of scientific evidence which supports the analgesic potential of cannabinoids to treat OA pain.” To dive deeper, Dalhousie University in Nova Scotia found that since OA pain is multi-faceted, cannabis can help trigger the body’s own endocannabinoid system (ECS) to block pain receptors and potentially offer relief. 

cannabis may treat fibromyalgia pain according to new study

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Congressmen introduce bill to allow CBD to be sold as dietary supplements

Two congressmen have introduced a bill that would allow cannabidiol (CBD) and other hemp-derived products to be sold as dietary supplements in the U.S. as manufacturers still await federal regulation regarding the use of CBD in food. 

The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020 was announced by Representatives Kurt Schrader of Oregon and Morgan Griffith of Virginia last week. 

This bipartisan piece of legislation, only the most recent effort to help consumers access CBD in the aftermath of the 2018 Farm Bill, would mandate that “cannabidiol derived from hemp, and any other ingredient derived from hemp shall be lawful under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.) as a dietary ingredient in a dietary supplement.”

Manufacturers would need to comply with the new dietary ingredient requirements of the U.S. Food and Drug Administration (FDA). 

“Hemp was historically an important crop for Virginia farmers, and dietary supplements made from it do not possess dangerous addictive qualities. Nevertheless, the current state of regulation creates confusion about its legal uses. I joined this bipartisan bill to provide certainty for hemp farmers that their crop may find legal uses,” Representative Griffith said in a statement. 

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Forced Legalizations: EU & France Battle it out Over CBD Laws

France and the EU have been fighting it out in court over import laws concerning a CBD case. If the EU wins it means a forced legalization of CBD across the entire EU… But if France wins, could it be the beginning of the end for CBD?

Before looking into EU CBD laws, we need to shift our attention to the World Health Organization. One of the big cases in the world of legal cannabis has to do with an upcoming vote about cannabis scheduling based on recommendations put out by the WHO (World Health Organization). There are several recommendations that cover a variety of topics on the subject, a few of the main ones being: taking cannabis out of schedule I of the Single Convention on Narcotic Drugs (substituting it instead with simply THC), and removing THC altogether from the Convention on Psychotropic Substances.

It also recommends looking at individual cannabinoids, like CBD, separately from the rest of the plant, and not scheduling non-psychoactive cannabinoids the same as those that are psychoactive. Along with this it recommends allowing cannabis extracts with up to .2% THC to not be scheduled by either convention. This last one opens the door for easier trade between countries since it would set a legal international benchmark.

The recommendations were supposed to be voted on already, but due to different issues the vote has been put off a couple times, with a current date in December. During this time, member countries are implored to better understand the recommendations and all their implications before the vote.

Now, if the vote goes sideways in December, and the recommendations are rejected, then the old rules regarding cannabis apply. Cannabis is illegal, a schedule I drug according to the Single Convention, and CBD and all other cannabinoids are scheduled the same.

This would erase a lot of the progress that’s been made in the gray area of the last few years, and essentially illegalize CBD. If that happens, what’s going on between France and the EU won’t matter at all. But if those recommendations go through…well there might be some very interesting CBD case laws coming out of the EU thanks to France and its super stringent policies about cannabis.’

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Scotland’s first cannabis-based medicine approved for NHS

A cannabis-based medicine has been approved for use on the NHS in Scotland for the first time, giving hope in the treatment of rare types of childhood epilepsy.

Cannabidiol (Epidyolex) has been accepted for the treatment of Lennox-Gastaut syndrome, a condition which can cause frequent debilitating seizures, by the Scottish Medicines Consortium (SMC).

It has also been allowed to treat Dravet syndrome, another rare type of epilepsy, which again is characterised by severe seizures of various types.

Patients can have learning disabilities, sleep problems and usually required 24-hour care and are fully dependent through their lives.

However, Cannabidiol in combination with clobazam can reduce the frequency and severity of seizures for some patients, enabling them to have a better quality of life.

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Maine Finally Issuing First Recreational Cannabis Business Licenses

As Maine inches closer to finally fulfilling the voters’ desire to bring legalized recreational marijuana to the state, Tuesday represents a significant milestone.

That is when Maine’s Office of Marijuana Policy intends to begin issuing the first active licenses to recreational cannabis businesses.

The office said last month that active licensure is “the culmination of a three-step application process which also includes conditional licensure and local authorization, respectively.” 

Recreational Marijuana’s Journey In Maine

It is perhaps the last major milestone before October 9, when retail sales of recreational marijuana will be permitted—the climax in a nearly four-year long journey to ending prohibition in Maine that has been beset by repeated delays.

The most recent interruption to the rollout of the new law came earlier this year, which the Office of Marijuana Policy said “had been indefinitely postponed in April in response to the COVID-19 pandemic.”

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Outdoor Vs. Indoor Grown Cannabis: Which To Choose?

Just as some wine aficionados seek wine based on terroir, some cannabis consumers like to explore the subtleties of individual strains. Which type of cannabis works best in this situation?

When recreational cannabis consumers examine the array of flower available at their local dispensary, they’ll notice that cannabis buds may have the same strain name and potency but they look and smell differently. So how do they know which ones to purchase? 

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Pennsylvania considers recreational marijuana, possible benefits

Pennsylvania Gov. Tom Wolfe is supporting the legalization of recreational marijuana, which could provide the state with additional funding through taxes.

Wolfe requested state lawmakers consider the proposal, noting the money would go toward helping the state’s economy recover from the coronavirus pandemic.

Codie Sanchez is a partner at Entourage Effect Capital, a private equity firm focused on the marijuana industry. She said state leaders nationwide are considering the revenues other states have collected after allowing recreational use.

“We’ve seen you can drive billions in revenue for your state from cannabis, and Pennsylvania wants to capitalize on it and stop having people go to New York to purchase,” she said.

Sanchez said illegal sales generate more revenue compared to legal establishments — a market worth an estimated $50 billion compared to the permitted market worth $20 billion — and offers consumers with cheaper products. She added there are safer options however at legal marijuana dispensaries compared to the black market.

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California Begins Promoting Cannabis Industry In Statewide Outreach Campaign Called ‘This Is California Cannabis’

CDFA’s CalCannabis Cultivation Licensing Division is managing the campaign, which profiles the wide range of licensed California cannabis farmers, from legacy outdoor farms in rural Humboldt to high-tech, vertically-integrated operations in urban locations.

“This is California Cannabis” will feature comprehensive outreach and education efforts, including community events and workshops to highlight the technical assistance and support that is available year-round to licensed growers and new applicants seeking commercial cannabis cultivation licensure. “We’re proud of California’s vibrant cannabis cultivator community,” said Richard Parrott, director of CDFA’s CalCannabis Cultivation Licensing Division. “California is known for growing the best cannabis in the world and our licensed cultivators are leading the way with innovative practices and environmental sustainability.”

California cultivators who are interested in seeking a license can begin the application process online at calcannabis.cdfa.ca.gov or by contacting a licensing specialist by calling toll-free 1-833-CALGROW (1-833-225-4769) or sending an email to calcannabis@cdfa.ca.gov.

CDFA provides year-round support and technical assistance, including updated services for commercial cultivators during the pandemic. For more information about the campaign, please visit growwithCA.com to view the videos, farmer profiles, and other outreach materials.

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Pakistan plans hemp production with eye on global cannabis market

Pakistan has unveiled plans to allow the industrial production of hemp, spurring hopes farmers and businesses in the conservative Islamic country will be able to tap into the lucrative global cannabis market.

The move comes as Prime Minister Imran Khan's government struggles to boost the country's foreign exchange coffers that have been drained by a struggling economy, fiscal deficits and inflation. 

"This hemp market could provide Pakistan with some $1 billion in the next three years and we are in a process of making a full-fledged plan for this purpose," science and technology minister Fawad Chaudhry told reporters Wednesday.

Hemp is a type of cannabis plant containing cannabidiol (CBD) which advocates say has numerous medicinal and relaxing properties.

It does not contain significant quantities of high-inducing tetrahydrocannabinol (THC).

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Is pure CBD the most medicinal part of cannabis?

The word on the street is that cannabidiol (CBD) is the most medicinal part of the cannabis plant. The non-intoxicating compound of marijuana has gained rock star status ever since Dr. Sanjay Gupta showed the world in his documentary Weed 2 that it has the power to control seizures in epilepsy patients.

Fast forward a few years and now the substance has become so much a part of popular culture that it is even being counterfeited by hacks trying to strike it rich on the heels of Uncle Sam’s regulatory incompetence.

But is CBD really the most effective medicine in terms of cannabis sativa? In other words, could the U.S. government save the nation from strife and suffering by simply legalizing this part of the plant?

The answer is a resounding no.

Some of the research conducted over the past several decades shows the only way to maximize the therapeutic aspects of cannabis medicine is to use the entire plant. After all, it would be naïve to think a single component of the plant, especially considering it has hundreds of various cannabinoids, terpenes and flavonoids, would be the only part contributing to the health of civil society.


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Activists Say Black And Brown Chicagoans Are Being Ignored In Cannabis Dispensary Licensing

The lottery for licenses to run cannabis dispensaries in Illinois is set to happen in the next few weeks.

Gov. JB Pritzker vows there will be social equity as far as who gets those licenses. But several minority leaders call that an empty promise, and say Black and Brown Chicagoans are being ignored.

“It makes no sense that again, in 2020, Governor Pritzker, you have a Black lieutenant governor, you have a Black mayor of Chicago, you have a Black drug czar overseeing the marijuana industry here in Illinois, but you don’t have any Black-owned marijuana dispensaries?” said community activist Tio Hardiman.

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These 6 States Will Be Voting on Marijuana Legalization in Nov 2020

Regardless of the economic and health crises this year, the marijuana industry continues to be one of the quickest growing industries in United States.

Only a couple months remain until voters in numerous states will see medical and recreational cannabis legalization measures on their ballots. South Dakota will actually have a medical and a recreational legalization measure on its ballot.

Arizona, Montana, New Jersey, and South Dakota have ballot initiatives that could legalize marijuana for adults 21 and older. Mississippi, Nebraska, and South Dakota have ballot initiatives that could establish medical marijuana programs.

These 6 states will be voting on cannabis legalization in November 2020:

Arizona (recreational)Mississippi (medical)Montana (recreational)Nebraska (medical)New Jersey (recreational)South Dakota (medical and recreational)
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