CVIndependent

Sat05272017

Last updateFri, 16 Sep 2016 12pm

The California Department of Public Health has issued proposed rules for the cannabis industry in anticipation of the Proposition 64 provisions that will take effect next year.

Voters legalized the adult use of marijuana via Prop 64 last year.

The proposed rules require applicants who wish to grow, transport or sell marijuana for medical use to get a license from the state’s Bureau of Medical Cannabis Regulation, and pass a background check. People who transport marijuana between farms and dispensaries would be prohibited from owning said marijuana, and must be at least 21.

The rules establish a track-and-trace system that would monitor cannabis products through the supply chain. Individual plants would be tracked from seeds and buds to processing facilities. Dispensaries would no longer be able to package products in-house or be allowed to give out free samples. Delivery service would be an option if abiding by strict rules—governing everything from volume to the types of vehicles used.

One proposed rule that will surely meet with opposition from the industry is a provision that edibles have no more than 10 milligrams of THC per serving, and no more than 100 milligrams of THC in the total package. There currently is no such limit, and some companies are specializing in ultra-potent edibles; consumers are eating them up. Many would argue that this per-serving limit is impractically small, especially for those with medical needs for higher doses. These complaints, however, will most likely lead to no changes in the rules. Colorado and Washington both limit edibles to 10 mg per serving and 100 mg per package.

Other proposed rules include:

• Packaging must not appeal to children.

• Cannabis may not be infused into alcohol, nicotine or caffeine products.

• Dispensary hours of operation will be limited to the hours between 6 a.m. and 9 p.m.

• 42 percent of electricity for indoor commercial cultivation must come from renewable sources.

• Concentrated products like extracts and tinctures could contain up to 1,000 milligrams per package.

• All cannabis business would need to be at least 600 feet away from schools.

• All products would be required to leave sales points in child-resistant containers.

• Cannabis farms would be limited to 4 acres.

• Licenses for veterans and cannabis businesses in good standing as of Jan. 1, 2016, would receive priority consideration.

Tuesday, June 13, is the last day for the public to submit written comments. More information can be found at cannabis.ca.gov.


California AG Ready to Fight for Cannabis in Jeff Sessions’ Drug War

Attorney General Jeff Sessions issued a memo to federal prosecutors calling on them to push for prosecution of the most-serious charges possible in drug cases—especially those with mandatory minimum sentences.

Vanita Gupta, the former head of the U.S. Justice Department’s Civil Rights Division, told Yahoo! News that the memo was a “resounding step backwards into the 1980s of failed policies in our criminal justice system that resulted in us having the highest incarceration rate of industrialized nations in the world. It’s a real throwback in a lot of ways, and very troubling.”

Former Attorney General Eric Holder was unrestrained in his contempt for Sessions’ new directive. “The policy announced today is not tough on crime. It is dumb on crime. It is an ideologically motivated, cookie-cutter approach that has only been proven to generate unfairly long sentences that are often applied indiscriminately and do little to achieve long-term public safety,” Holder said in a statement.

Sessions has repeatedly claimed that drug use—including cannabis—is behind a violent crime epidemic sweeping the nation. (For the record, crime rates nationwide remain dramatically lower than they were in the ’80s and ’90s.)

Congress has already limited Sessions’ ability to extend his renewed drug war to legal weed, and has denied federal funding of any efforts to prosecute cannabis businesses that are legal according to state laws, thanks to a rider to the Consolidated Appropriations Act of 2017. Section 537 states: “None of the funds made available in this Act to the Department of Justice may be used” with respect to states with legal medical weed “to prevent any of them from implementing their own laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

However, President Trump has the industry and its proponents worried a bit by his signing statement attached to the bill. Among the points of disagreement highlighted by the president was the provision that prohibits the feds from interfering with state-legal medical-marijuana programs. While signing statements are not policy, some worry it could signal future changes in policy where federal enforcement is concerned. This budget bill will be in effect through Sept. 30.

In an interview with Politico California, state Attorney General Xavier Becerra indicated that California is unwilling to yield on its marijuana laws, and would not back down from a battle in the face of a federal crackdown.

“I would love to see Jeff Sessions come to California and tell us we’re not going to move forward on cannabis. Something tells me that it’s not gonna happen,” Becerra said. “I’ll probably be the 1 millionth person in line to fight Jeff Sessions on that.”

He continued: “Cannabis is last century’s argument. We’re beyond that.”

Published in Cannabis in the CV

On March 15, Attorney General Jeff Sessions, while addressing a law enforcement conference in Richmond, Va., said: “I realize this may be an unfashionable belief in a time of growing tolerance of drug use, but too many lives are at stake to worry about being fashionable. I reject the idea that America will be a better place if marijuana is sold in every corner store, and I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana—so people can trade one life-wrecking dependency for another that’s only slightly less awful.”

Yes, the attorney general of the United States just said marijuana is “only slightly less awful” than heroin.

This isn’t a question of being “unfashionable,” but of the AG being factually wrong about the effects of two very different drugs. While some cannabis industry and advocacy groups have forced a smile and tried to paint a green-tinted picture of states’ rights, Trump likes medical cannabis, it’ll all be OK, yadda yadda yadda, how can we not see a difficult future ahead for cannabis when America’s top cop is so glaringly ignorant in his crusade against it?

“With over 600,000 arrests a year, the only thing life-wrecking about marijuana is its prohibition,” said Erik Altieri, NORML’s executive director, in a statement the day of Sessions’ speech.

Sessions spoke with reporters after his speech in Richmond.

“I think medical marijuana has been hyped, maybe too much,” Sessions said, according to various media sources. “Dosages can be constructed in a way that might be beneficial, I acknowledge that, but if you smoke marijuana, for example, where you have no idea how much THC you’re getting, it’s probably not a good way to administer a medicinal amount. So forgive me if I’m a bit dubious about that.”

Steph Sherer, executive director of Americans for Safe Access, countered Sessions’ remarks in a statement issued the same day.

“Statements like these from the Attorney General are factually inaccurate,” Sherer said. “In January, the National Academies of Sciences, Medicine, and Engineering released a report that reviewed over 10,000 research articles, which states there is conclusive, moderate, and substantial evidence for benefits of cannabis in several conditions. Sessions needs to stop spreading unfounded, unscientific theories about medical marijuana and take the time to actually meet the millions of Americans that are benefitting from its use before making comments about it being over-hyped.”

President Trump said he was “100 percent” in favor of medical marijuana during the campaign. But White House press secretary Sean Spicer recently clarified that the president sees a “big difference” between medical and recreational use.

As we’ve seen in the days since the inauguration, things are moving fast on all fronts in the Trump era. Those wishing to preserve and even further legalization must not be reactionary in their activism. There is too much at stake to take a wait-and-see position.

One productive way to be proactive in the defense and progress of legalization is to participate in and support the organizations that have been fighting this battle for decades—and will be on the front lines in the coming years.

National Organization for the Reform of Marijuana Laws

norml.org

Keith Stroup was smoking with Ralph Nader’s legal team in 1970 when someone suggested he ask Hugh Hefner’s Playboy Foundation for a grant to fund his fledgling pro-pot organization. Hefner approved a grant of $5,000, and NORML was born. By the mid-1970s, Hef was donating $100,000 a year to NORML. It was this support that helped make NORML the premier pro-pot organization.

NORML now boasts 135 chapters and a network of more than 500 lawyers. With legalization becoming more of a reality, NORML has edited its mission to “move public opinion sufficiently to legalize the responsible use of marijuana by adults, and to serve as an advocate for consumers to assure they have access to high quality marijuana that is safe, convenient and affordable.”

Americans for Safe Access

www.safeaccessnow.org

The ASA is a medical marijuana advocacy group founded in 2002 by medi-pot patient Steph Sherer. The mission is “to ensure safe and legal access to cannabis (marijuana) for therapeutic use and research.”

ASA is the largest national member-based organization of medical professionals, patients and scientists promoting medical use and research, with more than 100,000 active members in all 50 states.

Brownie Mary Democratic Club of Riverside County

www.browniemaryclub.org

If you’re looking for a way to get involved locally, stay informed on the latest developments, and meet like-minded individuals, check out the Brownie Mary Democratic Club of Riverside County. Founded by activist Lanny Swerdlow, it is believed to be the first political-party-affiliated cannabis advocacy group in California. It is named for Mary Jane Rathbun, who got the nickname “Brownie Mary” for illegally baking and distributing cannabis brownies to AIDS patients while volunteering at San Francisco General Hospital.

Meetings are held the first Saturday of every month at 11:30 a.m. at Crystal Fantasy, 268 N. Palm Canyon Drive, in Palm Springs.

Marijuana Policy Project

mpp.org

Founded in 1995, the MPP deals with lobbying and ballot initiatives. The MPP PAC, founded in 2003, donates to key congressional candidates. The mission is to affect federal law, to allow states enact to their own marijuana policies without federal interference, and to regulate marijuana like alcohol nationwide. In terms of budget, members and staff, the Marijuana Policy Project is the largest national organization working specifically on marijuana policy reform.

Drug Policy Alliance

www.drugpolicy.org

The DPA takes an active role in the legislative process, and its goals include rolling back the excessive laws of the War on Drugs, blocking harmful initiatives, and pushing for sensible drug-policy reforms.

Considering the mixed (or worse) signals we’re getting from the current administration, it is clear that the fight for legalization and acceptance is far from over. We must not rest on recent victories. We must remain vigilant, and we must let our representatives know that we support the legalization of cannabis. When the will of the people is ignored in favor of a self-righteous crusade with no base in science or democracy, we must resist. Joining, supporting, and participating in these organizations shows that we are unified—and that we are not going anywhere.

Published in Cannabis in the CV

The different reactions to marijuana legalization by Coachella Valley’s cities have been varied … to say the least.

Palm Springs has always been forward-thinking where cannabis is concerned, and Desert Hot Springs, Cathedral City and Coachella are now wisely looking to cash in on the green rush. Meanwhile, Palm Desert and Rancho Mirage are going in the other direction by doing their best to slow access—or ban weed altogether.

Now Indian Wells has enacted the most draconian policies yet in the wake of Proposition 64’s November voter approval.

Indian Wells recently passed an ordinance that requires residents who wish to grow marijuana at home for personal use, as allowed by Prop 64, to register with City Hall for a permit—and pay a $141-per-year fee.

Marijuana activists and legal experts alike are attacking the law as unconstitutional, but that didn’t prevent the City Council from passing the ordinance in a 4-1 vote.

Councilman Ty Peabody abstained. Later, according to The Desert Sun, he commented: “I just don’t believe in marijuana,” citing the continuing federal ban.

(What does that even mean? Has he been under a rock the last couple decades?)

In addition to the yearly fee attached to the permit, Indian Wells residents would be required by law to allow city employees to inspect their homes to determine compliance with state and local laws.

While Prop 64 does allow jurisdictions to enact reasonable regulations on a local level, the Indian Wells’ requirements represent a vast overreach, according to multiple experts on the law. In fact, Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), said this may the tightest regulation passed in California to date.

“Proposition 64 states: ‘A city, county, or city and county may enact and enforce reasonable regulations to reasonably regulate’ the indoor cultivation of marijuana by adults,” Armentano told the Independent via e-mail. “However, this proposal clearly stretches the idea of what would be considered ‘reasonable.’ We would not expect adults to register with the city or to submit to inspections of their home if they were brewing their own alcohol, and we should not expect adults to give up their civil liberties and privacy rights to engage in indoor marijuana gardening—activity that is now perfectly legal under state law.”

Dale Gieringer, the director of California NORML, also compared home growers of marijuana to home brewers, and questioned the usefulness of such a law.

“We believe the Indian Wells ordinance violates Prop 64,” he said. “Prop 64 authorizes ‘reasonable’ regulations of personal-use cultivation. Why doesn’t it impose the same regulations on indoor growing of all plants, or on home brewing of beer and wine? This is an obnoxious exercise in over-regulation and an affront to personal privacy. Don’t Indian Wells officials have anything better to do?”

“Unconstitutional” and “crazy” are words used to describe the ordinance by attorney and cannabis law expert Omar Figueroa of Sonoma County. In a conversation with The Desert Sun, he cited the 1969 U.S. Supreme Court Case Leary v. United States, which ruled that “self-incrimination” can’t be required by state or local agencies, due to the Fifth Amendment.

“It’s not a constitutionally enforceable law,” he told The Desert Sun. “It would be foolish of them to enforce it.”

Joy Brown Meredith, the founder and president of Joy of Life Wellness Center, Palm Springs’ sixth licensed dispensary, said she’s happy to be located in a less-restrictive Coachella Valley city.

“I’m glad Palm Springs is more progressive than Indian Wells,” she said. “What is the purpose of the permit and all the identification requirements if not to intimidate people to feel uneasy about growing this amazing plant?”

Indian Wells, Rancho Mirage, Palm Desert, Indio and La Quinta have banned dispensaries and cultivation. The city of Coachella allows manufacturing and cultivation in a specific zone of the city, but not dispensaries or delivery.

Rancho Mirage and Indian Wells recently amended their respective bans to include recreational marijuana businesses in the wake of Prop 64.


DEA: CBD and all other cannabis extracts are on Schedule I

Continuing its steady march backward, the Drug Enforcement Administration has lumped all marijuana extracts—including CBD—into marijuana’s Schedule I classification, making every form of the cannabis plant illegal under federal law.

The new code defines extracts as “containing one or more cannabinoids that (have) been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.”

The DEA says it’s merely a way to keep better track of research and shipments of extracts versus flowers, by assigning extracts their own code. But the new rule states clearly: “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. … However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code.”

CBD occurs naturally in cannabis, but unlike THC, it doesn’t get the user high. CBD has been successful in the treatment of tumors, epilepsy, chronic pain and many other ailments. To date, CBD has been legalized in 20 states and Washington, D.C., for medicinal use. While these state laws will not be affected by the new code, those laws will now be more specifically in conflict with federal law.

Congress could still act to reschedule CBD and other extracts. The Cannabidiol Research Expansion Act was introduced in the Senate last year to ease research restrictions on CBD, but stalled—despite support from both sides of the aisle.

Currently, the federal government has a laissez-faire stance regarding state cannabis laws; in other words, the feds are letting states call the shots for their citizens. However, considering the anti-pot crusaders prevalent in the incoming Trump administration—including Vice President-elect Mike Pence and attorney general pick Ken “good people don’t smoke marijuana” Sessions—one must wonder how long that attitude will last.

Published in Cannabis in the CV

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair.

OK, sure, there are one or two issues more important than cannabis legalization. Maybe three. And while the idea of making America great again seems horribly ironic to many right now, cannabis legalization scored unprecedented victories across the country this November.

On the medicinal front: A stunning 63.8 percent of North Dakota voters legalized medicinal use. The state has 90 days from the election to implement the law statewide.

However, Arkansas was the big surprise, as it became the first Bible Belt state to legalize cannabis for medicinal use. Arkansas’ governor, former Drug Enforcement Administration chief and outspoken cannabis opponent Asa Hutchinson, has indicated he will accept the will of the people and allow the law to go into effect without interference.

After failing in 2014 (even though a majority of voters said yes; a 60 percent supermajority was required), Florida voted overwhelmingly to legalize medicinal weed: 71 percent of voters were in favor, but much remains to be seen regarding how Gov. Rick Scott’s administration will implement the law.

As for recreational marijuana, Nevada was a big question mark heading into Election Day, but despite casino mogul Sheldon Adelson’s best efforts (he supplied 97 percent of the opposition funding), 54 percent of Silver State voters ended up in favor of legalization. Nevada was already ahead of the cannabis-tourism game by accepting medical recommendations from other states, and recreational use will surely be a further boon for the travel industry. The personal use and possession components of the law go into effect on Jan. 1, 2017. However, lighting up in public will still get you a $600 fine. Also: Don’t expect pot shops to start popping up on The Strip anytime soon. The state is not expecting to start taking license applications until the beginning of 2018.

Some 54 percent of Massachusetts voters thought legalizing was a good idea, too. Once the law goes into effect in December of this year, adults 21 and older can possess up to 10 ounces of cannabis at home, and 1 ounce in public.

Maine approved legalization in a real nail-biter of an election. The measure passed by just more than 2,600 votes—less than 1 percent. Opponents of the law have already demanded a recount, and anti-pot crusader Gov. Paul LePage has indicated he may challenge the law.

Arizona’s failed Proposition 205 was the low point of the state elections; it was the only cannabis-related state initiative to fail, receiving just 48.5 percent of the vote.

Here in California, Proposition 64 passed by a comfortable margin—surprising no one. The home cultivation, possession and consumption components went into effect immediately.

What’s allowed:

  • Consumption of cannabis in private homes.
  • Possession of up to an ounce of flower and up to 8 grams of concentrate.
  • Growing up to six cannabis plants and keeping the harvested product in a private home. (Product harvested from your own grow is exempt from the one ounce limit.)
  • Giving up to an ounce of flower and up to eight grams of concentrate to another adult.

The first commercial-permit applications are expected around the beginning of 2018, with stores opening a couple of months later. If the Washington and Colorado examples hold true, demand will skyrocket, while newly licensed commercial growers get up and running, resulting in a temporary shortage.

Prop 64 removes virtually all penalties for those 21 and older, and replaces criminal charges with drug education for those younger than 18. You can get busted for smoking in public, and you can still get fired for failing a drug test. In a weird loophole … if you’re 18-20 years old, you got screwed: Possession of more than an ounce can now mean 6 months in jail. If an adult shares cannabis with someone younger than 21, he or she could face six months behind bars and a $500 fine. Something to think about the next time you’re passing a joint around at a concert …

California is the sixth-largest economy in the world, so Prop 64 passing is the brass ring for the legalization movement.

In Colorado, the push toward further legalization received a boost when Denver passed Initiative 300, which allows businesses to permit social consumption of cannabis on their premises. This opens the door to smoking weed in bars, cafes and other public spaces.

While the news regarding legalization was great on the state and local levels (outside of Arizona, that is), the national results were not quite as encouraging: With election of The Donald and Republicans in control of both houses of Congress, don’t expect federal prohibition to end any time soon. While Trump himself has indicated he would defer to the states to set medicinal cannabis law, Vice President-elect Mike Pence’s influence remains to be seen. Pence is a long-time proponent of the War on Drugs and believes in jail time for minimal possession. Pence’s role in leading Trump’s transition team indicates he will have an active role in the administration. This also means the DEA will be under no pressure to remove marijuana from Schedule 1 for at least the next four years—which will complicate cannabis-industry banking and deter major investment in the industry for the foreseeable future due to a continued lack of Federal Deposit Insurance Corporation coverage.

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness …

Published in Cannabis in the CV

The public-opinion news just keeps getting better for the legalization movement.

A recent Pew Research Center poll revealed that 57 percent of Americans favor the legalization of the use of marijuana, while only 37 percent still think it should be illegal. This is fairly amazing, considering that a mere 10 years ago, those numbers were pretty much reversed, with 32 percent in favor of legalization, and 60 percent opposed.

Weed, you’ve come a long way, baby!

Not surprisingly, the youth vote is where the strongest support for legalization is. A whopping 76 percent of millennials (ages 18-35 in 2016) are in favor. That’s up from 34 percent just a decade ago. Baby Boomers and GenXers are showing increasing support as well: Boomers are 56 percent in favor of legalization, up from just 17 percent in 1990, while Generation X sits at 57 percent in favor, up from 21 percent in 1990.

How does this break down across party lines? Predictably: 66 percent of Democrats are in favor of legalization, with just 30 percent opposed, while most Republicans (55 percent) oppose legalization.

Here in California, the numbers tell a similar tale. A recent poll showed that 58 percent of Golden State voters favor Proposition 64, which, if approved in November, would legalize marijuana for some recreational use. The poll (conducted by USC Dornsife and the Los Angeles Times) also showed that support for legalization was strong across “most lines of age, race, income and gender,” the Los Angeles Times reported.

This shift in public opinion all but guarantees passage of Prop 64, which is backed by former Facebook president Sean Parker and Lt. Gov. Gavin Newsom, despite blowback from pro-marijuana skeptics who think the law doesn’t do enough to protect smaller growers and the rights of medical patients.

Cannabis-industry trade groups like the California Growers Association are deeply divided on the issue. Only 31 percent of the 750 member growers of the CGA are in favor of the bill, while 31 percent are opposed, and 38 percent are undecided. The resistance stems from potentially costly environmental regulations (said to cost around $20,000 to $100,000 per farm), and a lack of long-term protections from an industry takeover by out-of-state interests.

Allowing Big Agriculture into the game is the biggest concern of growers. Some of these growers have been waiting decades for legalization, and now they fear being cut out of the industry they helped create. Prop 64 gives growers five years to establish market dominance in the state before corporate mega-grows can be approved, but many in the industry say this is not enough time, will take industry accessibility away from smaller operations, and will result in a lower-quality product.

The possibility of a lower-quality product is one of the many arguments coming from the medical-marijuana camp. One such voice of dissent is Dennis Peron, a co-author of Proposition 215, which opened the door for medical marijuana in the state back in 1996. He believes cannabis patients will be victimized by law enforcement and the tax code as they are lumped in with recreational users.

“I want the voters to be aware of the situation at hand,” Peron told The Cannabist. “Prop 64 is not legalization. If it were legalizing, that would imply that marijuana is illegal, and it’s not. This law would mean the displacement of cannabis farms in Humboldt. It essentially empowers profit instead of people.”

While these concerns are indeed valid, Prop 64 will most likely become law in our fair state. Even if Prop 64 fails, not much would change; most of the regulations it puts into effect were passed in last year’s Medical Marijuana Regulation and Safety Act, which is now law.

Only time will determine how things shake out. In a strange little twist, the Drug Enforcement Administration may actually help smaller California growers stay in business by refusing to reclassify marijuana from Schedule 1: Until the federal prohibition is lifted, large investors will want to place their money where it can be federally insured, like Canada.


‘High Times’ Launches Marijuana-Themed Clothing Line

Back in 1974, a group of pothead pranksters headed by a publisher named Thomas King Forcade thought a one-off spoof of Playboy Magazine that featured buds instead of babes would be a pretty funny thing to do. That first issue sold more than anyone expected, and the public demanded more.

High Times magazine was born. Since then, the magazine has become the voice of the industry, movement and subculture that is marijuana.

The roller-coaster ride to legalization is finally coming to fruition, and weed subculture has been thrust into the limelight. Stoners across the land are more and more open about their love of cannabis, and cannabis culture is booming. Therefore, High Times has introduced a line of clothing that pays tribute to these connoisseurs, patients, activists and advocates—as well as to their maverick founder.

"The fashion trend in general is about retro and vintage. … You can see it at any show you go to. At the same time, what you’re seeing is this recognition of the legalization of cannabis," says Larry Linietsky, chief operating officer of High Times. "It's a way to support the movement by wearing the clothing. We think it's well-timed. (It’s) vintage, counterculture and authentic."

With the line’s launch, “High Times recognizes the need to celebrate these street soldiers worldwide by giving them banners to fly.” This would be pretty haughty talk for anyone other than High Times … but would you question Rolling Stone magazine’s place in rock ’n’ roll history? Playboy’s place in pinup culture? No, you would not.

The line is available now at shop.hightimes.com.

Published in Cannabis in the CV

In his keynote speech at the Cannabis World Congress and Business Exposition on Sept. 8 at the Los Angeles Convention Center, longtime cannabis advocate Montel Williams announced his entry into the medical marijuana business with the launch of LenitivLabs.

“I’m proud to announce the formation of Lenitiv Scientific and the development of the LenitivLabs product line,” said Williams, according to a news release. “With the issue of full legalization dominating the conversation, it’s critical not to forget patients who have specific needs with respect to cannabis, including strains that might be less-profitable in the marketplace. The mission of Lenitiv Scientific is to ensure that seriously ill individuals—like myself—have access to the medicine they need.”

Williams, of course, is best known for hosting The Montel Williams Show for 17 years; he’s also an entrepreneur, wellness advocate and decorated former naval officer. He was diagnosed with multiple sclerosis in 1999.

In 2013, Williams talked about his medical marijuana use with addiction website TheFix.com: “For six months after I was diagnosed with MS in 1999, I was given every prescription under the sun to help relieve some of the pain I was suffering with—Oxycontin, Vicodin, you name it,” he said. “But none of it helped. A doctor suggested a lot of literature to me that discussed the benefits of cannabis on neuropathic pain.”

Not only did he start using medical cannabis himself; he became an outspoken advocate and has offered support to legalization initiatives in several states.

“I experience neuropathic pain 24 hours a day because of my MS,” Williams said at the conference in L.A. “My physicians recommended cannabis as part of my treatment 17 years ago, and I’ve used it ever since. Only someone suffering from a debilitating disease can understand cannabis’ therapeutic value.”

The company will launch a product line of cannabis products, and promises consistent, standardized dosage by utilizing the most-current manufacturing/extraction technology available. LenitivLabs will service all states where cannabis is legal for medicinal use, and will expand to other states as legalization spreads.

LenitivLabs has put together a heavy-hitting—and rather interesting—advisory board that includes retired Vice Admiral Edward M. Straw, former congressman and pharmaceutical lobbyist Wilbert Tauzin, and R. James Woolsey, a former CIA director and ambassador. You may recognize Woolsey’s name from recent headlines after he joined Donald Trump’s presidential campaign.

Wait, what?

This sounds like a potentially scary team—but it is a bunch who would not be afraid to give the Drug Enforcement Administration a ring to ask them to pull their heads out of their collective asses and reschedule weed at last. The DEA certainly isn’t listening to you or me.

Make it happen, Montel.


The Hound Is Coming to Get You!

To date, there has been little to no scientific research to definitely determine at which levels THC impairs driving ability. Law enforcement also has no way to test for marijuana influence beyond blood or urine tests, which would only determine that cannabis had been used some time in the last few weeks. That has made charging someone with driving while stoned difficult.

That’s about to change. (“But Sean, I drive better when I’m stoned!” No. You don’t.)

Introduced by Oakland-based Hound Labs, The Hound was field-tested recently with help from the Alameda County Sheriff’s Office. Drivers pulled over for erratic driving were asked to voluntarily submit to The Hound test for research purposes. The machine reportedly succeeded in detecting not only the presence of THC, but the actual levels of THC—accurately enough to gauge how recent use was. No drivers were charged, but those who had recently smoked were not allowed to drive immediately. One driver tested was arrested for drunk driving.

Dr. Mike Lynn, CEO and co-founder of Hound Labs, Inc., is also an emergency-room doctor and reserve deputy sheriff with the Alameda County Sheriff’s Office. “It is very rewarding, both professionally and personally, to identify the need for a product that will save countless lives, to develop the solution to an incredibly difficult scientific challenge, and then to create the product—the only marijuana breathalyzer that can measure THC in breath with results that match the best laboratory equipment,” said Lynn, according to a news release. “I feel very fortunate that I have been able to use my experience both as an active reserve deputy sheriff and as a practicing ER physician to create a device that affordably solves an escalating public health crisis.

“For the first time, communities across the country will have access to the science and technology required to tackle the growing costs that result from people driving under the influence of marijuana.”


Joy of Life Wellness Center Open for Business

There’s a new dispensary in town! Joy of Life Wellness Center began serving patients in early September. Founded by Crystal Fantasy owner Joy Brown Meredith, it is the sixth dispensary licensed by the Palm Springs City Council.

I had a chance to drop in on a recent Saturday afternoon. Joy of Life is located inside a modest-sized, clean, well-maintained building just off Indian Canyon Drive toward the north end of Palm Springs. There was one other patient waiting when I arrived, and two more shopping in the bud room. (Palm Springs requires a budtender for each patient.) I was greeted with a friendly welcome.

When my turn came, I got a chance to meet budtenders Sara (Joy’s daughter) and Justin. Justin gave me some great recommendations from their stock. The selection of edibles was a bit limited, but that’s to be expected with new shops. The flower, however, was primo. I picked up Khaleesi OG, Bubba’s Gift, Deep Sleep and some good old Hindu Kush, as well as a Bhang Bar for dessert. My first-time-visitor status also earned me a free gift (I took the grinder) and a free pre-rolled joint.

Joy of Life Wellness Center is located at 142 W. Oasis Road in Palm Springs.

Published in Cannabis in the CV

As the GOP geared up for its national convention in Cleveland, Republican delegates decided what would be included in the official party platform—and amid wildly inaccurate and unproven claims, cannabis reform was rejected.

Some of the anti-cannabis arguments were some real gems, including claims that mass murderers are all pot-smokers, and that there are links between marijuana and current heroin- and opioids-addiction epidemics. Seriously.

In fairness to the GOP, some delegates fought to get medical marijuana endorsed by the Republicans. “It’s not like we’re talking about Cheech and Chong here, folks. We’re talking about allowing people with debilitating conditions to ease their suffering,” Maryland delegate Ben Marchi said, according to HuffingtonPost.com. Alas, arguments like those given by Marchi weren’t enough to extricate the collective GOP delegate heads from their sandy hiding places: The measure was defeated on the second vote.

Then there’s Indiana Gov. Mike Pence, the presumptive Republican vice presidential nominee. In keeping with the GOP’s complete disregard for the will and welfare of the people, Pence was tapped to join Donald Trump on what will hopefully be a disastrous presidential ticket for the GOP.

The nut, in a nutshell:

• Indiana is the home of some of the harshest marijuana laws in the United States. Possession of even a small amount of cannabis is still punishable by 180 days in jail and a $1,000 fine under the Pence administration.

• A proponent of the disastrous and failed War on Drugs, Pence still clings to the repeatedly disproven theory that cannabis is a gateway drug. He referred to it as such in a 2012 gubernatorial debate, and went on to say: “I would not support the decriminalization of marijuana. I’ve seen too many people become involved with marijuana and get sidetracked. We need to get more serious about confronting the scourge of drugs.”

• In 2013, Indiana House Bill 1006 would have revised Indiana’s criminal code—including a reduction in punishment for marijuana charges. However, Pence refused to sign the bill until the clause was dropped, and cannabis was reclassified up to a Class B misdemeanor. This was in direct opposition to the will of Indiana voters: Just a few months before HB 1006’s passage, a Howey/DePauw poll asked the state’s voters: “Currently it is a misdemeanor crime in Indiana to possess a small amount of marijuana. The legislature may consider making it an infraction rather than a crime to possess a small amount of marijuana. Do you favor or oppose making possession of a small amount of marijuana an infraction rather than a crime?” Poll respondents favored decriminalization by a margin of 54 percent to 37 percent.

So much for democracy.

Trump himself has been all over the place on this issue, saying in 1990 that recreational use should be legalized, and that the tax revenue should be used for drug education. Since his run for president kicked off, he’s moved a bit to the right, saying in October of last year to the Washington Post: “Marijuana is such a big thing. I think medical should happen—right? Don’t we agree? ... And then I really believe we should leave it up to the states.” This seems like a pretty reasonable position to most Americans, including many Republicans.

What influence Pence will have on The Donald’s platform remains to be seen—but you can bet it won’t be favorable to the plant. If the GOP slate is elected, the results could be disastrous for the legalization movement.


On the Bright Side

Colorado is set to reach $1 billion in cannabis sales in 2016. This is not only great news for the cannabis industry; it’s great news for the state’s coffers. In addition to the 2.9 percent sales tax in the state, Colorado collects an additional 10 percent sales tax on cannabis and a 15 percent excise tax that is designated for school construction.

The population of Colorado is a little more than 5.4 million, and the state is doing a billion a year in cannabis sales. Try to imagine what those figures will be in California when recreational use becomes legal. According to the Substance Abuse and Mental Health Services Administration, 15.09 percent of Colorado residents use cannabis. That’s around 814,860 tokers. Compare that to the 12.88 percent of California’s 39,144,818 residents who light up—a total of 5,041,852 Golden State smokers. There are 1,623 dispensaries registered with the California Board of Equalization. In 2014, California medical-marijuana dispensaries reported $570 million in taxable income. That meant $49.5 million in taxes paid to the state, and recreational use is still to come.

Any way you pose it, California has a huge financial boon coming with legalization.


A Dose of Irony From Coalinga

The Claremont Custody Center in the Central California city of Coalinga had a capacity of more than 500 state inmates until it was shuttered by the California Department of Corrections and Rehabilitation in 2011, and has been sitting unused since.

Now Ocean Grown Extracts has struck a deal with the city to purchase the former prison for $4.1 million. (Timely, since the city is $3.8 million in debt.) The plan is to convert the former prison into a marijuana-extracts production center.

“It’s like the Grateful Dead said: ‘What a long, strange trip it’s been,’” Coalinga Mayor Pro Tem Patrick Keough said to The Fresno Bee after he and council members approved the plan in a 4-1 vote. “We listened to the citizens and created a package that was reflective of our population.”

The re-purposed building will be a natural fit for a business that requires strict security and 24-hour surveillance. The new facility is expected to bring 100 new jobs to the town.

Published in Cannabis in the CV

While Desert Pot Springs is garnering national attention with its charge into the cannabis industry, the other end of the valley is starting to steal a little of that green spotlight: Irvine-based Cultivation Technologies has plans to open an 88,000-square-foot cannabis-production compound in Coachella.

“We saw an opportunity in the city of Coachella—an agricultural community desperately in need of economic development,” said Justin Beck, the president of Cultivation Technologies, to the OC Weekly. “After much discussion, the city said they wanted to participate, but essentially didn’t know where to start. So we helped them create an ordinance that fully aligns with (California’s Medical Marijuana Regulation and Safety Act, three bills which became law last year) in advance of its final implementation. We now have six acres of real estate in Coachella that we’re dedicating to the legal cultivation of marijuana for our Coachella-branded cannabis.”

Yes, Cultivation Technologies is naming its product after the city where it will be produced—a city which also shares its name with that really big music festival.

The Coachella-branded operation will be unique in the fact that it will include every part of the production process, including cultivation, manufacturing, on-site lab testing and distribution. The company also plans to work with other local growers to produce extracts.

“We will also act as a third-party service provider of extracts from local producers of cannabis. We’ll also then test, distribute and transport it from our site,” said Beck.

Richard Probst, the chief operating officer of Cultivation Technologies, boasted in a news release that the Coachella operation will be unparalleled.

"Our first six acres could rank among the most state-of-the-art cannabis facilities in the world,” he said. “With our proprietary LED technology and vertical grow systems, we believe our brand will resonate with patients who want the highest quality medicine available in California."

The city of Coachella’s cannabis green zone is the area east of Dillon Road along Avenue 48, an area that is also the city’s auto-wreckage zone.

While Desert Hot Springs is rising to fame for allowing large-scale cultivation, Coachella has gone much further by allowing not only cultivation, but also permitting extract and edible manufacturing and distribution.

The six-acre facility is scheduled to open in November of this year.


Backers of Bill Proposing a Steep Tax on Cannabis Show a Little Mercy

Introduced by Marin state Sen. Mike McGuire, Senate Bill 987 would have tacked an astronomical 15 percent “user fee” onto all retail cannabis purchases in California. (McGuire also introduced SB 643, one of last year’s three aforementioned regulatory bills that made up the Medical Marijuana Regulation and Safety Act.)

Americans for Safe Access has voiced strong opposition to the bill, arguing that the bill unfairly targets cannabis patients. “We do not assess ‘user fees’ on insulin, heart medications or chemotherapy,” read a recent newsletter sent by the group.

“Imposing additional tax will be bad for public safety,” said Don Duncan, ASA’s California director. “Inflating the cost of legal medical cannabis will force some patients to buy less-expensive cannabis from the unregulated illicit market—where there are no safety standards or oversight. That is the opposite of what regulations are supposed to accomplish.”

In response to pressure from the ASA and other patient advocates, lawmakers have now amended the bill, dropping the rate from 15 percent to 10 percent, and adding an exemption for patients with a state medical cannabis ID card who can prove their income is less than 200 percent of the federal poverty level.

These changes will indeed reduce the impact on lower-income patients, but the fee will still take unjust advantage of many patients. The state of California mandates a $66 fee for the medical cannabis ID card, but counties are free to add to this fee at will. Riverside County charges a $153 application fee for the card.

The bill has passed the Senate and is scheduled for consideration by the Assembly Revenue and Taxation Committee on Monday, June 20. Patient-advocate groups are asking cannabis patients and members of the public contact the committee in opposition of the fee.

Committee staff requests that letters regarding the bill be faxed (!) to 916-319-2198.


Where Is It Legal to Smoke in California?

I overheard a conversation between two people in a bar the other night about how great it is that cannabis is finally becoming legal and more socially accepted. But they also touched on a subject on which I was not clear on myself: Where, exactly, am I allowed to smoke my medication in California?

It seems people smoke everywhere these days, but what’s legal? Surely these bar patrons and I couldn’t be the only tokers in Cali wondering about this. Therefore, I did some research.

As with any law, it’s more about what you can’t do. According to SB420, Section 11362.79., medical cannabis users can light up anywhere but these places:

  • Any place where smoking is prohibited by law.
  • In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
  • On a school bus.
  • While in a motor vehicle that is being operated.
  • While operating a boat.

The bill also states: “Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana is guilty of an infraction punishable by a fine not more than $100.”

I haven’t smoked on a school bus since high school anyway. I can feel my prohibition-era paranoia easing already.

Published in Cannabis in the CV

The Internet and social media have, in many ways, broadened communication and given us all other venues for self-expression—but the stigma still attached to cannabis can hamper a marijuana enthusiast’s online activity.

Case in point: Facebook has long had a ban on cannabis advertising—and as of Feb. 6, began shutting down dispensary pages.

Pot-smokers have often thought of themselves as their own society, so why shouldn’t we have our own social media? Here are a few apps that have answered that question with: “We agree! Here you go!”

Weedmaps

www.weedwaps.com; IOS, Android

Weedmaps got into the cannabis social-media game early, and has been the go-to solution for smokers to find cannabis, and for dispensaries to promote their wares. Users can also post reviews of dispensaries. Basically, it’s like Yelp for cannabis.

The app/website lists thousands of dispensaries across the country. The app and the website both offer geolocation services to tell you the nearest place to pick up some smoke, along with reviews and menus of dispensaries’ current offerings and deals. Launched in 2008, the site now boasts more than 2 million visitors per month.

Leafly

www.leafly.com; IOS, Android

Weedmaps spent many years alone at the top of the 420-app heap, but Leafly is now giving Weedmaps some competition. Leafly has the same dispensary-locating functionality, but focuses much more on specific strains of cannabis: The site includes many strain reviews, and the database includes thousands of strains, searchable by category, flavor, effects, a patient’s symptoms and known conditions. Users can read and post reviews, and find out if a strain is available nearby.

Another very cool feature is the State of the Leaf interactive map: Click on any state, and get the current status of that state’s cannabis laws. Leafly also includes a section of cannabis-related news and articles on topics like current legislation, health and lifestyle.

Duby

www.duby.co; IOS, Android

With Facebook prohibiting more and more cannabis content, there has been a definite gap in social-media options for cannabis enthusiasts. How many times have you tried a really outstanding strain, and just wanted to shout it out to the world (i.e., you know, post it on Facebook)? Enter Duby. Posts are referred to as “dubys.” Like a duby? Pass it by swiping right! Don’t like it? Swipe left to “put it out.” Cute.

Duby is the most-popular online community for potheads, offering all the features of FB without the judgment and prying eyes of those who have not seen the light.

MassRoots

www.massroots.com; IOS, Android

If Duby is the Facebook of cannabis culture, MassRoots is its Instagram. The interface is exactly what you’d expect from something known as the Instagram of weed—filled with pictures of cannabis, and your boss isn’t your “bud.” (That’s MassRoots’ term for connections.)

The result of a marijuana-infused brainstorm between the two founders in 2013, MassRoots has enjoyed amazing growth. The community now boasts more than 775,000 users—more than double the membership six months ago. Founders expect to reach 1 million by 4/20.

Said MassRoots CEO Isaac Dietrich in a news release: “The weeks leading up to 4/20 are the cannabis industry’s holiday season—a period where millions of cannabis enthusiasts make purchases, buy tickets, and make plans for marijuana’s official holiday. Historically, during the weeks leading up to 4/20, we have experienced significantly higher growth and visibility.”

MassRoots will only benefit from Facebook’s move to further restrict marijuana-related pages, and is becoming a valuable advertising alternative to Facebook for weed businesses. MassRoots also made history as the first marijuana-tech company to go public, in April 2015. According to the MassRoots website, the business hopes to uplist to NASDAQ or the NYSE before the end of 2016.

I’m buying stock tomorrow!

The next time you’re looking for a dispensary, or you just want to show off a favorite strain, your garden or a new bubbler—without your great aunt putting on her Judgy McJudge hat—post away! There are entire online societies just for our tribe!


On a Sad Note

The Coachella Valley cannabis community lost a treasured member on Feb. 15 when Steven Cooley—cannabis evangelist, budtender extraordinaire and manager of PSA Organica in Palm Springs—passed away suddenly while dining with friends.

Steven radiated positive energy like a bright light, and has helped countless people find the correct strain or medication for what ails them. A long-time HIV patient and stroke survivor, Steven attributed his continued existence on this plane to his use of cannabis in its many forms.

Steven was a true believer, a great friend and a wonderful human being. You will be truly and sorely missed, my friend.

In lieu of flowers or cards, please make a donation in Steven’s name to the Desert AIDS Project.

Published in Cannabis in the CV

The legalization of cannabis for medicinal and now recreational use is crashing across the country like a bong-water tsunami. That means herb is in the news lately—a lot.

Here in California, some of that news is not good.

Assembly Bill 243—part of the Medical Marijuana Regulation and Safety Act (MMRSA), which was signed by Gov. Jerry Brown in October—is causing many cities to clamp down on cannabis businesses. While the bill contains a lot of good, it has a problem: The MMRSA requires local governments to develop regulations for the cultivation and delivery of medical cannabis by March 1. Otherwise, the authority is relinquished to the state. Not wanting to give up that authority, dozens of cities around the state have been enacting all-out bans, denying their patients convenient access to prescribed medications.

This is unfortunate, especially since the provision was never meant to be included in the final legislation.

“It was never our intention to place such a short timeline on local lawmakers,” said Democratic Assemblyman Jim Wood, one of the bill’s proponents, in a news release. “The current deadline gives jurisdictions just 65 more days to consult stakeholders, learn about the industry, and write good policy; that is not nearly enough time.”

Wood is now one of the sponsors of Assembly Bill 21, which is currently in committee but is expected to pass and be signed into law without issue. AB 21 strikes the March 1 deadline, allowing local jurisdictions to regulate and enact their own laws at their own pace. “We have widespread support for this fix, including bi-partisan support from both houses, stakeholders and the governor’s office. I am hoping that AB 21 will be on the governor’s desk before the end of the month, and local lawmakers will give this complicated issue the time it deserves,” said Wood.

Despite the impending fix, the League of California Cities is recommending mass hysteria. Because, you know, caution.

“In an abundance of caution, we have been advising our member cities to enact cultivation ordinances—in this case, a ban—to make sure they preserve their regulatory authority whether the cleanup bill goes through or not,” said Tim Cromartie, the legislative representative for the League of California Cities, to the Los Angeles Times. “A ban is the quickest and cleanest way.”

Great.

So how has that affected the Coachella Valley? While some of our valley cities have been working toward their own marijuana regulations diligently for years, others believed the hype and have reacted with fear and rejection.

Palm Springs, being one of the more progressive areas in the valley, has historically been at the forefront of the cannabis movement. The city recently approved a sixth dispensary permit, and council members have said they’d be open to increasing this number in the future as public need and opinion dictate. Recent City Council meetings have also included the discussion of permitting for commercial grows, edible production and extract production. The council members made it clear they want to be prepared to reap the financial rewards of legalization of recreational use statewide—which most people believe is inevitable, perhaps as soon as this year’s election.

Cathedral City is following the example set by Palm Springs, and has issued several permits in recent months. Indicative of the hurdles involved with this emerging industry, the first dispensary in Cathedral City opened its doors in October, more than a year after the council approved the permit allowing them to operate in the city.

If Palm Springs is the tortoise in this race—carefully planning next steps and moving along at an organic pace—cash-strapped Desert Hot Springs is surely the hare: DHS wants to be a mecca of marijuana production and cultivation. It is the first city in the state to approve massive industrial-grow operations, including a recently approved 380,000-square-foot facility that will generate an estimated $3.8 million in annual tax revenues for the city. Grows of this magnitude are expected to be a rarity in the wake of AB 243’s canopy limit of 10,000 square feet for most facilities.

While Palm Springs, Cathedral City and Desert Hot Springs are working in anticipation of recreational legalization and the revenue streams that will represent, Rancho Mirage has dug its heels in like a child being dragged to the dentist. However, the city’s resistance to the green rush predates the panic caused by AB 243. The city even has a program to reimburse cannabis patients $25 per month for transportation to buy their cannabis elsewhere. It bears noting that no one has taken them up on the offer since the program’s inception. It’s doubtful any cannabis businesses of any kind will be operating in Rancho Mirage anytime soon, regardless of any state legislation.

In January, Palm Desert looked like it would pass an all-out ban on cannabis cultivation and distribution. Then, after hearing from several residents at the Jan. 14 meeting, the council changed the language to allow delivery services to operate in the city. This is great news for Palm Desert cannabis patients who are unable to travel easily.

Indian Wells doubled down on its rejection of cannabis in January, adding delivery and cultivation to its existing ban on dispensaries in the city.

La Quinta has a similar ban in place, but formed an ad hoc committee in December to examine allowing delivery services to operate in the city.

Indio has had a ban on dispensaries in place since 2007, and recently expanded that ban to cultivation. Because, you know, Indio has a reputation to uphold. The City Council is, however, considering regulations for delivery services to operate there.

Coachella recently broke from its long-time ban on all marijuana businesses by approving cultivation in areas of the city that are zoned for auto-wrecking. The approval is seen as a fairly cynical way for the city to reap the tax benefits of the cash crop, and nothing more, because the ban on delivery and storefront dispensaries remains.

AB 243 was meant to stabilize the cannabis industry in California, yet it ended up severely handicapping the cannabis movement with its errant March 1 deadline. Hopefully cities will be as willing to enact meaningful, well-planned regulation once the threat of that deadline has been removed by AB 21.

Published in Cannabis in the CV

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