Grading the Presidential Candidates on Marijuana: Julián Castro

Every Saturday, we have been running a series of blog posts that take a close look at the Democratic Party candidates for President in 2020. We examine each candidate’s historic approach to marijuana law and policy, and we also canvas their current respective stances on marijuana.

Over the past nine weeks, we covered Joe Biden, Bernie Sanders, Kamala Harris, Elizabeth Warren, Pete Buttigieg, Corey Booker, Beto O’Rourke, Andrew Yang and Amy Klobuchar.  Today, we turn to Julián Castro, former U.S. Secretary of Housing and Urban Development and former Mayor of San Antonio.

Grade: B-

Stance on marijuana: Julián Castro supports legalizing marijuana and expunging records of past marijuana convictions as he said at a town hall in April.

History: Prior to his pro-legalization statement in April, Castro had remained relatively ambivalent on the issue of marijuana. Under Castro, HUD issued a statement reaffirming its policy of allowing property owners to evict marijuana users in federally assisted housing facilities. Other than this statement, however, Castro lacks much of a legislative record (or any other record) on marijuana. In 2014 (five months before his appointment as HUD secretary), Castro expressed uncertainty about whether he supported legalizing marijuana:

I haven’t looked at the science yet about addiction and what it means, but it’s certainly something that I think deserves more scrutiny and more analysis.

Castro’s website does not mention marijuana. Though Castro does address some aspects of criminal justice reform through his platform on policing, important topics such as the War on Drugs, legalizing marijuana, and sentencing reform are nowhere to be found on his website.

To his credit, Castro has expressed his views on marijuana on social media. In 2017, he criticized the Trump administration for threatening to crack down on states that legalized marijuana, writing in a Facebook post:

The federal government should focus its resources on more serious crimes. Not only that, growing evidence from Colorado and other states suggests we can sensibly legalize marijuana use with reasonable controls in place. State voters should have that power.

This past January, Castro retweeted a post by Representative Ro Khanna that called for both legalizing marijuana and expunging marijuana convictions from criminal records. Then in April, Castro announced his full support for legalization at a town hall and later on Twitter.

Conclusion: Julián Castro receives a “B-” grade because his support for the legalization of marijuana is not an important part of his platform and because he has no legislative record on the issue. Castro has openly supported legalizing marijuana on his social media, but he does not mention marijuana on his website and only recently did he wholeheartedly express support for legalization at the federal level. He also omits key aspects of criminal justice reform from his platform. Overall, as president we think Castro would support legalizing marijuana, but we question his enthusiasm on this issue.

source https://hempgenixs.com/2019/08/31/grading-the-presidential-candidates-on-marijuana-julian-castro/?utm_source=rss&utm_medium=rss&utm_campaign=grading-the-presidential-candidates-on-marijuana-julian-castro

‘Global cannabis supply chain is based on industrial hemp’: Q&A with cannabis attorney Robert Hoban

(Editor’s note: This is the second in a series of Q&As with hemp industry speakers who will appear at MJBizConINT’L, Sept. 4-6, in Toronto. To read the previous Q&A in this series, click here.) Industrial hemp is big business – and it’s only going to get bigger as investors around the world begin to pile money into […]

‘Global cannabis supply chain is based on industrial hemp’: Q&A with cannabis attorney Robert Hoban is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

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Hemp Regulation: USDA Struggles with Drafting THC Testing Rules

Hemp stakeholders have been eagerly waiting for the release of rules and regulations by the U.S. Department of Agriculture (“USDA”). Although the 2018 Farm Bill removed the hemp and its derivatives from the Controlled Substances Act, it did not provide clear, consistent and reliable standards to safely and lawfully produce the crop. Instead, the new law tasked the USDA with adopting those standards with which states and Native American tribes wishing to regulate the crop within their borders will have to comply.

Earlier this summer, the USDA announced in a notice published in the Federal Register that it aimed to release its interim final rule in August. However, various comments recently made by USDA representatives suggest that the agency is struggling to meet its deadline. Specifically, the agency seems to be wrestling with the drafting of THC testing standards.

THC Testing standards matter because THC concentration is the key factor in differentiating hemp from marijuana.  It is the difference between a regulated agricultural commodity and a Schedule I controlled substance. Without a national THC testing standard marijuana and hemp are virtually impossible to differentiate because they look, smell and feel the same.

Pursuant to Section 297B (a)(2)(A)(ii) of the 2018 Farm Bill, states and Native American Tribes seeking regulatory authority over the production of hemp must submit a plan to the USDA that includes, in part,

a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe[.]”

As I explained in a prior post, there is no “postdecarboxylation” testing method per se, and although the congressional intent of the 2018 Farm Bill apparently was to refer to a testing method known as gas chromatography (“GC”), this method has been heavily criticized by stakeholders because it tends to increase the THC concentration in the hemp sample and pushes it over the 0.3 percent limit.

So it isn’t entirely surprising that the USDA is struggling to craft THC testing standards with so little guidance.

Unfortunately, this delay is further exacerbating state and local enforcement authorities’ ability to differentiate hemp from marijuana. As of now, most jurisdictions lack the resources to test for specific levels of THC and differentiate hemp from its illegal cousin, marijuana. The patchwork of testing standards across states has further hindered the lawful sale of hemp nationwide. After all, why impose a 0.3 percent THC threshold if the states are imposing 50 different testing standards?

Establishing a reliable and uniform testing standard is only one of many other standards the USDA needs to promulgate in order to fulfill the intent of the 2018 Farm Bill. Implementing a procedure for tracking the source of the crop and its finished products is as important as the adoption of a uniform testing standard. Indeed, the 2018 Farm Bill legalized hemp grown pursuant to a state or Native American tribe plan. This means that not all hemp is treated equal, even if the tested crop contains no more than 0.3 percent THC.

As such, hemp industry players must maintain records showing the source of the plant, including but not limited to the grower’s license under which hemp was cultivated as well as the certificate of analysis (“COA”) for each batch of hemp or finished hemp product tested showing that they contain no more than 0.3 percent THC. If your company is dealing in hemp, you should know exactly where it was grown and should be prepared to prove it.

The lawful production and sale of hemp and hemp products is a complex business that requires cautious planning and due diligence. As such, hemp stakeholders should consult with lawyers who thoroughly understand the field in order to mitigate their risks and thrive in this fairly unregulated market.

source https://hempgenixs.com/2019/08/30/hemp-regulation-usda-struggles-with-drafting-thc-testing-rules/?utm_source=rss&utm_medium=rss&utm_campaign=hemp-regulation-usda-struggles-with-drafting-thc-testing-rules

CBD And Crohn’s Disease: Can CBD Help?

CBD oil is being used for the treatment and relief of a wide range of diseases, especially CBD for Crohn’s Disease! Basically, this is an inflammatory bowel disease. The inflammation often leads to pain in the abdominal area, fever, weight loss, fatigue, and sometimes severe diarrhea. Life-threatening and more serious complications could also surface. These […]

The post CBD And Crohn’s Disease: Can CBD Help? appeared first on Try The CBD | Buy CBD Oil | Pure CBD Oil for Sale |.

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When Bob Dylan Turned the Beatles On To Marijuana

On August 28th, 1964 Bob Dylan introduced the Beatles to cannabis for their first time. And the rest is more than just rock ‘n’ roll history.

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Mary’s Brands bought by Connecticut cannabis firm; CEO steps down

Connecticut-based BR Brands, which owns and distributes a range of marijuana and hemp products, acquired Mary’s Brands, the Colorado maker of a cannabis skin patch. Terms of the acquisition were not made public. After the deal closed, Mary’s Brands CEO Lynn Honderd stepped down as CEO but remains an adviser. Mary’s Brands include: Mary’s Medicinals, […]

Mary’s Brands bought by Connecticut cannabis firm; CEO steps down is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

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Cannabis and Incontinence

Scissor-walks and stutter-steps: the familiar dance performed by nearly 33 million Americans suffering from Overactive Bladder (OAB) – also known as Spastic Bladder and Detrusor Overactivity. OAB tends to plague people struggling with Multiple Sclerosis (MS) or other neurodegenerative diseases.

source https://hempgenixs.com/2019/08/29/cannabis-and-incontinence/?utm_source=rss&utm_medium=rss&utm_campaign=cannabis-and-incontinence

California Won’t Be Giving Out Cannabis Licenses Forever

California’s cannabis law—the Medicinal and Adult Use Cannabis Regulation and Safety Act and its corresponding regulations (or “MAUCRSA”)—doesn’t put a cap on the number of licenses that will be issued. MAUCRSA even envisions that large size (Type 5) cultivation licenses will be issued in 2023. In theory, the state could issue unlimited licenses, but that’s extremely unlikely to happen in light of how municipalities across the state have limited commercial cannabis activity. Even though we don’t have explicit license caps at the state level, in a few years, there probably won’t be many (or any) licenses left to give out.

One of the reasons for this is the fact that most of the cities and unincorporated county areas in the state prohibit cannabis activity altogether. Unless that changes, licenses will never be available in those areas. Legislation this year that would have required localities to issue more licenses essentially failed. And even if it does change, those jurisdictions are highly unlikely to open up their doors to dozens of different operators—if they weren’t cannabis-friendly before, we doubt they would be in the future.

Even in cities that allow cannabis activity, the majority have caps in one form or another. If you’ve been reading this blog at all, you’re probably familiar with the City of LA’s ultra-competitive retail licensing process that’s about to open up for 100 social equity applicant businesses, Pasadena’s recent process for 14 total licenses, or Culver City or West Hollywood’s previous competitive licensing processes.

And even in cities that don’t have caps, it’s unlikely that they’ll give out unlimited licenses. City and state laws incorporate sensitive use “buffer zones” or other similar requirements that can make it hard to physically find space to set up shop. In some jurisdictions, pushback from locals has led to the proposal of caps where there were none. For example, Santa Barbara County is in the process of adopting caps on cultivation in light of strong resistance from local residents, many of whom were unsatisfied with even the size of the new cap. (Santa Barbara County retail cannabis licenses were already subject to a tight cap, to boot.)

What all of this means is that even though MAUCRSA doesn’t limit licenses in California, local laws may run the well dry sooner than you think. We expect that in a few years, most jurisdictions will be “full” and occasionally, new jurisdictions will open up for highly limited permitting. If this happens, it’s safe to say that these new permit opportunities will be extremely competitive.

Companies that are considering applying for California cannabis licenses should act sooner rather than later, so they aren’t left behind. Otherwise, companies will have to turn acquiring interests in licensed businesses, which can be a big challenge in and of itself.

source https://hempgenixs.com/2019/08/29/california-wont-be-giving-out-cannabis-licenses-forever/?utm_source=rss&utm_medium=rss&utm_campaign=california-wont-be-giving-out-cannabis-licenses-forever

Is interstate hemp transportation actually legal? Federal court asked to sort it out

A Colorado hemp extraction company seeking the return of roughly 7,000 pounds of hemp biomass after it was seized in Idaho asked a federal court to override the state and affirm that hemp transportation is legal. But Idaho lawyers say the Colorado company – Big Sky Scientific of Aurora – “jumped the gun” when it shipped hemp […]

Is interstate hemp transportation actually legal? Federal court asked to sort it out is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

source https://hempgenixs.com/2019/08/29/is-interstate-hemp-transportation-actually-legal-federal-court-asked-to-sort-it-out/?utm_source=rss&utm_medium=rss&utm_campaign=is-interstate-hemp-transportation-actually-legal-federal-court-asked-to-sort-it-out

Hemp-based wood startup in Kentucky begins production amid trade dispute

A Kentucky company planning to develop hemp-derived wood products has begun production even as it appeals a 25% tariff on some equipment from China. Fibonacci opened its $5.8 million facility in Murray, Kentucky, this week. The company, which plans to employ 25 people making hemp-based wood products such as flooring and furniture components, is appealing a tariff […]

Hemp-based wood startup in Kentucky begins production amid trade dispute is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

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Deadline is approaching for MJBizDaily’s cannabis industry awards

The deadline for submitting nominations for Marijuana Business Daily’s inaugural MJBizDaily Awards is Saturday. The awards, which will be held during MJBizCon Week (Dec. 7-13) in Las Vegas, will recognize the top companies, individuals and organizations participating in the global cannabis industry. The MJBizDaily editorial staff will choose the winners in the awards categories that cover different […]

Deadline is approaching for MJBizDaily’s cannabis industry awards is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

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USDA: Crop insurance available for some hemp growers for 2020 season

Federal crop insurance is finally coming to some hemp farmers as the U.S. Department of Agriculture (USDA) takes more steps toward adopting new rules for hemp production. Industrial hemp farmers producing hemp for fiber, flower or seeds will be eligible for crop insurance coverage under the Whole-Farm Revenue Protection (WFRP) program for the 2020 crop […]

USDA: Crop insurance available for some hemp growers for 2020 season is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

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Cannabis Trademark Litigation: Woodstock Case Shows Limits of Federal Trademark Protection

We’ve written extensively about the trademark protection strategies employed by cannabis businesses in light of the challenges they face to obtain federal trademark registrations for their cannabis goods and services. Recently, a court order in a motion for preliminary injunction involving the use of the famous WOODSTOCK mark raised some issues related to those strategies, and serves as a reminder that federal prohibition of marijuana truly does have far-reaching implications for state-legal cannabis businesses.

A summary of the case is warranted here. Plaintiffs are the producers of the 1969 Woodstock music festival and have made use of the WOODSTOCK mark in conjunction with concerts, motion pictures, TV programs, and other merchandise. The plaintiffs own a number of federal trademark registrations for the WOODSTOCK mark that cover entertainment services, clothing, and other merchandise. Plaintiffs claim that marijuana is within their “natural zone of expansion” for their trademark rights.

Defendants, on the other hand, contend that they have used the WOODSTOCK mark for more than thirty-five years in connection with the radio station Radio Woodstock as well as in conjunction with a variety of goods and services. Defendants also content that more than five years ago, they obtained federal registration of the WOODSTOCK mark in Class 34 for smokers’ articles and related goods and services, including tobacco-free e-cigarettes for medical purposes, vaporizer pipes, and cigarette rolling papers.

Where things get tricky is that Plaintiffs began using the Woodstock mark in conjunction with marijuana and marijuana products and in their counterclaims, Defendants allege that Plaintiffs are actually infringing Defendants’ federal trademark rights in Class 34 and sought a preliminary injunction. Defendants claim that plaintiffs’ use of the WOODSTOCK mark on marijuana and marijuana-related products “overlaps with, and is inextricably related to, the goods covered by [Defendants’] common law and federally registered rights for the WOODSTOCK mark for smokers’ articles.”

The court ultimately denied the Defendants’ motion for preliminary injunction, stating that “Defendants have not demonstrated a likelihood of success on the merits of their trademark infringement claim, because they have not demonstrated a likelihood of confusion arising from Plaintiffs’ use of the WOODSTOCK mark for recreational marijuana and vaping devices and Defendants’ use of the WOODSTOCK mark for ‘smokers’ articles.’” While this is only a decision on the motion for preliminary injunction and not a decision on the merits of the case, the court’s ruling is still important.

Many businesses in the cannabis industry have struggled to find a means for protecting their brands, and common practice is to rely on a combination of federal trademark protection for ancillary goods and services, and state trademark protection. This strategy is not bulletproof, however, and this court decision indicates why. Here, the court didn’t think that consumers were likely to be confused by two parties selling smokers’ articles and cannabis under identical marks. The court noted that the Defendants had “expressly disavowed the notion that their products are intended for use with recreational marijuana” during their trademark prosecution process, something that was necessary for them to procure federal trademark protection, but is now a fact that can be used against them in their argument for likelihood of confusion.

There were a number of other deficiencies in the pleadings for the motion for preliminary injunction, and the standards to prevail on such a motion are difficult to meet. But we will be following this case very closely to see how the court ultimately rules on the merits, because this is an issue that will have broad implications for brand owners in the cannabis space.

source https://hempgenixs.com/2019/08/28/cannabis-trademark-litigation-woodstock-case-shows-limits-of-federal-trademark-protection/?utm_source=rss&utm_medium=rss&utm_campaign=cannabis-trademark-litigation-woodstock-case-shows-limits-of-federal-trademark-protection

Editor’s Notebook: Will smokable hemp end up burning the industry?

Smokable hemp has taken hold with consumers.

The unlikely trend has given hemp producers new market opportunities – and a new set of legal headaches.

Editor’s Notebook: Will smokable hemp end up burning the industry? is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

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What is The Canni Family doing to limit its impact on the environment?

Q. What are you doing to limit your impact on the environment? Unless we all work together to help cool this planet down there will be little point in taking CBD oil!

This was a question from one of our practitioners and its a very fair point! So we thought we would share with you what The Canni Family as a company and as a team are actively doing to help protect our environment and address climate change.

What we do The Canni Family do as a company to protect the environment?

At The Canni Family we don’t print off unnecessary paperwork, like payment receipts, all of our delivery packaging is recyclable, we don’t have unnecessary boxes as promotional material for each bottle and we don’t wrap these in plastic. The product bottles are made of glass with plastic lids which can be recycled if separated when the bottle is empty and put in with the recycling.

We don’t ship outside of the UK due the environmental impact. But we would love to do more and as we can’t find a decent supplier of CBD in the UK we still bring this in from Holland however we try to buy in bulk to ensure there is less of an environmental footprint.

As a team what do The Canni Family do to play their part to address Climate Change?

Mrs Canni, and two other amazing women called Sole and Carolina have developed an App called Ecoed (available in your App Store now) which provides environmental education for anyone over the age of 7 teaching them about their impact on the planet through the decisions that make in relation to Waste, Water, Energy and Well being. Empowering them to take action with suggestions of habits that can start to get into every day that will collectively have a significant impact. It is the fist App to bring together gamification and environmental education with hope of making what can be a terrifying subject accessible and fun!

When Mrs Canni is not working on Canni Family business she is in schools and companies providing environmental challenges to these groups which we hope leads to behaviour change. 

Ecoed has also been nominated for various awards, include the Ethical Hour BeTheChange Award and most recently the BT/Ability Net Tech4Good Award both in the Community Impact category.

Learn more about Ecoed and the work that is being carried out in relation to environmental education.

Mrs Canni’s brush with politics – for the Green Party who else!

Mrs Canni also stood for the Green Party in St George’s Ward, in Islington in the 2018 local elections. Islington as a whole is sadly one of the most polluted boroughs due to the A1 running right through it, but it also has the least green space of any borough in the UK.

The other two candidates and myself increased the vote in the Ward by 80%, from the previous election, and whilst we didn’t win (this is Jeremy Corbyn’s old stomping ground so he personally came out to defended it) we came very close in the election results.

Is growing Hemp (Cannabis) good for the environment?

All of our products range comes from the Canabis Sativa L Hemp plant and one hectare of hemp can absorb 22 tonnes of CO2 per hectare. It is possible to grow to 2 crops per year so absorption is doubled. Hemp’s rapid growth (grows to 4 metres in 100 days) makes it one of the fastest CO2-to-biomass conversion tools available, more efficient than agro-forestry. Read more about whether Hemp can help to reverse climate change.

Natalia Young was right there is no point running a business that isn’t doing as much as they can, if the Amazon is on fire and we all think its fine to get over that anxiety with a bit of CBD. So thank you of thought provoking question. We hope this goes someway to answering this challenge of our time!

If you think there is more that we can be doing please let us know and we will put it into action!

 

source https://hempgenixs.com/2019/08/28/what-is-the-canni-family-doing-to-limit-its-impact-on-the-environment/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-the-canni-family-doing-to-limit-its-impact-on-the-environment

Much of Hawaii hemp crop destroyed as farmers search for viable cultivars

More than 50% of Hawaii’s 2019 hemp crop was destroyed because of elevated THC levels, a problem that state agriculture officials attribute to a lack of cultivars suited to a tropical climate. Eighteen crops were destroyed and another four hemp crops exceeded THC limits but were granted waivers because the THC was close to the […]

Much of Hawaii hemp crop destroyed as farmers search for viable cultivars is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

source https://hempgenixs.com/2019/08/27/much-of-hawaii-hemp-crop-destroyed-as-farmers-search-for-viable-cultivars/?utm_source=rss&utm_medium=rss&utm_campaign=much-of-hawaii-hemp-crop-destroyed-as-farmers-search-for-viable-cultivars

Winning Before Fighting: Top 12 Alternative Dispute Resolution Strategies for Cannabis Companies – The Video

In case you were on a boat August 9, or you watched but would like to play it again, please find below the recording from our most recent webinar on alternative dispute resolution strategies in the cannabis industry.

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Canadian CBD firm signs up controversial former US attorney general as legal adviser

Toronto-based CBD company Alternate Health has retained former acting U.S. Attorney General Matthew Whitaker and his Kansas City, Missouri, law firm, Graves Garrett, to act as outside counsel. Whitaker was a controversial figure during his short term running the U.S. Department of Justice under President Donald Trump. Whitaker served as acting attorney general for three […]

Canadian CBD firm signs up controversial former US attorney general as legal adviser is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

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Weedmaps Dodges Class-Action Lawsuit by Implementing New Advertising Policy

Weedmaps, a major online pot shop directory and cannabis marketplace, announced last week that it will finally no longer allow black-market businesses to advertise on its site. Weedmaps’ announcement follows months of complaints from licensed cannabis businesses of harm caused by Weedmaps’ inclusion of ads for unlicensed companies – namely, that allowing such companies’ product on the site really served to undercut the legal cannabis market. Now, following the lead of its competitors, Leafly, who said in early 2018 that it would bar unlicensed operators, Weedmaps also says it will end its practice.

Weedmaps, founded in 2008 and based in Irvine, California, is a well-known website for those in search of a local marijuana dispensary. Similar to Yelp, dispensaries can put up menus, photos, and other information on their products, and their customers can write comments and provide ratings. Where the marijuana market is more saturated, Weedmaps changes for higher placements in listings. Weedmaps has proven to be a user-friendly and favorite way to find any type of cannabis product. Some consumers can also order product online or even have it delivered to them via the platform.

California’s cannabis regulatory agencies have also attempted to regulate Weedmaps in the past, but they have had little success.  In February 2018, the Bureau of Cannabis Control sent Weedmaps a cease and desist letter telling the company it was breaking state law by including advertisements for unlicensed businesses. Weedmaps refused to change its policy at the time, citing Section 230 of the 1996 Communications Decency Act, which gives platforms like Facebook and YouTube safe harbor from being held liable for the content their users post. Notably, Section 230 has enabled the rapid growth of some of the biggest tech companies. Spokesperson for the Bureau, Alex Traverso, previously stated that after Weedmaps invoked Section 230, the Bureau instead chose to focus on regulating the illegal businesses directly.

The policy change was likely influenced by an impending class-action lawsuit that was in the works by the law firm of Zuber Lawler. The lawsuit, which would have been filed on behalf of the licensed cannabis businesses unhappy with Weedmaps’ policy, reportedly would have sought injunctive relief against Weedmaps under California’s Unfair Competition Law. California’s Unfair Competition Law prohibits false advertising and illegal business practices so, here, it likely would’ve alleged that Weedmaps’ advertising of unlicensed cannabis products constituted either or both.

For its own part, Weedmaps issued a news release and framed its announcement as part of a social justice initiative. It said that “later this year” it would begin requiring U.S. advertisers to provide a state license number on their listing, and that it would restrict the use of its point-of-sale system, online orders, delivery logistics and other services to licensed businesses exclusively. “These enhancements to existing safeguards on our platform will help patients and adult-use consumers find cannabis retailers that have provided evidence of state licensure,” Weedmaps Chief Executive, Chris Beals, said in the news release.

Weedmaps also indicated it would launch an initiative to support unlicensed, minority-owned marijuana businesses as they become licensed. “The company will provide a variety of free services and in-kind offerings to ensure that social equity entrepreneurs have the opportunity to compete in the industry.” The services and benefits Weedmaps will offer include professional development, ongoing coaching and professional support, resources such as compliance materials and standard operating procedures, and free software. “One of the most important and impactful promises of cannabis legalization is that it will give minority entrepreneurs the ability to enter the new industry and help reverse the damages inflicted on those disproportionately affected by the failed ‘War on Drugs,’” it said. “Unfortunately, as a result of limited access to capital and limited license opportunities provided by local governments, these entrepreneurs are actually finding it nearly impossible to participate in the legal market.”

source https://hempgenixs.com/2019/08/27/weedmaps-dodges-class-action-lawsuit-by-implementing-new-advertising-policy/?utm_source=rss&utm_medium=rss&utm_campaign=weedmaps-dodges-class-action-lawsuit-by-implementing-new-advertising-policy

The Canni Family CBD range is now available in Highgate!

We have been invited to provide our range of Water Soluble products through Highgate Wholefoods, Highgate Village in North London. Such a gem of a store and worth a visit if you’re in the area!

source https://hempgenixs.com/2019/08/27/the-canni-family-cbd-range-is-now-available-in-highgate/?utm_source=rss&utm_medium=rss&utm_campaign=the-canni-family-cbd-range-is-now-available-in-highgate

Can CBD Help With Restless Leg Syndrome?

Scientifically referred to as Willis-Ekbom Disease, Restless Leg Syndrome is a condition whereby one suffers from uncomfortable sensations in the legs. People who suffer from Restless Leg Syndrome typically refer to the sensation of just having to move their legs in an attempt to make it stop, thus the term restless. The urge to move […]

The post Can CBD Help With Restless Leg Syndrome? appeared first on Try The CBD | Buy CBD Oil | Pure CBD Oil for Sale |.

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DEA affirms hemp’s new status, sends notice that plant is legal

More than six months after hemp was made legal in the United States, federal drug authorities have updated their guidance to remind law enforcement that hemp is no longer a controlled substance. A notice posted Monday by the U.S. Drug Enforcement Administration (DEA) cited the 2018 Farm Bill in noting that “certain forms of cannabis […]

DEA affirms hemp’s new status, sends notice that plant is legal is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

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Top Five Hemp Purchase Order Terms

A few weeks ago, we addressed the need for hemp sellers and purchaser to enter into agricultural production agreements (“APAs”), and in doing so, avoid unnecessary litigation.  APAs are generally entered into at the beginning of a contractual relationship. In other cases, parties will forego a formal APA, and opt for a simpler, more “casual” way of doing business by using a purchase order, sometimes known as a “PO.”

A PO is a contractual document generated by the purchaser to authorize a purchase transaction. When the PO is accepted by the seller (typically on the seller’s preferred form), it becomes a binding agreement on both parties. A PO sets forth the description of the goods, their quantities, their prices, payment terms and the date of performance or shipment. It can also incorporate a wide array of associated terms and conditions. If the parties are operating without an underlying APA, it’s very important that the seller include these.

Whether hemp sellers and purchasers adopt an APA and/or a PO with associated terms and conditions,  they should ensure that the following five terms are incorporated in their agreement:

1.      Proof of Authorization to Grow Hemp.

The US Department of Agriculture is working on regulations under the 2018 Farm Bill and will eventually approve of hemp cultivation plans submitted by states. Until then (and for a year following the adoption of the USDA regulations), the 2014 Farm Bill remains in effect. Pursuant to the 2014 Farm Bill, every state that allows hemp cultivation requires that hemp be produced under a license, permit, or other authorization issued by its state department of agriculture. Accordingly, a hemp agreement should mandate that the seller (i.e., grower and/or processor), provide a copy of its license registration with the state department of agriculture in which the hemp is grown and/or processed. In addition, a well-drafted hemp agreement should further require that the seller provide information regarding the harvest lot and process lot identifiers with every delivery of the goods.

2.     Testing Requirements. 

The 2018 Farm Bill legalized hemp by removing the agricultural crop from the definition of marijuana under the Controlled Substances Act. What differentiates hemp from marijuana is merely its tetrahydrocannabinol (“THC“) concentration, which must not exceed 0.3 percent on a dry weight basis. Therefore, it is vital that the hemp or hemp product sold meet this THC limit. The seller should attach to each delivery a copy of a certificate of analysis (“COA”) from a licensed third-party lab that show compliance with this testing requirement. A prudently-drafted hemp agreement will also afford the purchaser the right to inspect and test the goods to ensure the sufficiency of testing under all applicable laws.

3.     Packaging & Labeling.

States with robust regulatory systems require hemp and hemp products be packaged and labeled in conformance with rules adopted by their department of agriculture. As such, the hemp agreement should designate which party is responsible for labeling and its associated costs, as well as what would happen in the event of non-compliance.

4.     Representations and Warranties.

Most agreements contain an abundance of representations and warranties; however, hemp agreements take this concept further and cover everything from program compliance concepts to product safety. This also tends to be one of the most heavily negotiated area of any hemp sale agreement.

5.     Limitation of Liability.

This section also tends to be heavily negotiated, as the parties determine who would be responsible for problems and to what extent. Many things could go wrong given the perishable nature of hemp and the risk of THC fluctuation from the time of harvest all the way to the manufacture of a finished product. Under this provision, each party will seek indemnification for anything beyond its control.

As reflected in this non-exhaustive list, hemp is a unique commodity that requires contractual terms beyond those found in generic agreements. As such, any agreement entered by hemp sellers and purchasers should, at a minimum, include the five terms discussed above to help mitigate their risks. For more information on hemp APAs and POs, please contact our regulatory attorneys.

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Plant researchers discuss breeding priorities for stable hemp genetics

To maintain growth, the booming U.S. hemp industry needs a reliable supply of steady, stable seed genetics. Professional and academic plant breeders are rushing to fill the market demand, but it might take at least another five years to develop those genetics, according to longtime breeders. That’s because it takes time to breed, trial and […]

Plant researchers discuss breeding priorities for stable hemp genetics is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs

source https://hempgenixs.com/2019/08/26/plant-researchers-discuss-breeding-priorities-for-stable-hemp-genetics/?utm_source=rss&utm_medium=rss&utm_campaign=plant-researchers-discuss-breeding-priorities-for-stable-hemp-genetics

CBD And Lupus: Everything You Need to Know!

What is Lupus? As with any disease or medical condition, the first thing that comes to mind is how it can be treated and cured. Sadly, there are several medical conditions which cannot be cured as there is no known cure as yet. One of these is Lupus. In a nutshell, Lupus is an autoimmune […]

The post CBD And Lupus: Everything You Need to Know! appeared first on Try The CBD | Buy CBD Oil | Pure CBD Oil for Sale |.

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Hemp-CBD Across State Lines: Hawaii

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA. This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp.

In light of these legislative changes, we are presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Each Sunday we will summarize a new state in alphabetical order. So far, we have covered Alabama,  Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, and Georgia. This week, we look at Hawaii.

Hawaii is one of the growing list of states that has created an industrial hemp cultivation pilot program. The Hawaii Department of Agriculture (“DOA”) launched the state’s hemp cultivation program and issued the state’s first license in June 2018. In May 2019, Hawaii enacted SB-1353, a bill that required DOA to establish a permanent hemp program under the 2018 Farm Bill, among other things. It’s important to note that DOA’s authority only falls on cultivation and not processing or retail sales, but DOA warns that processing could subject a person to different sets of regulations or different legal authorities.

But if you thought Hawaii would be friendly to Hemp CBD products, think again. Sort of like California, a May 2019 press release by the Hawaii Department of Health (“DOH”) states that the sale of CBD infused-products is unlawful in Hawaii.  DOH’s Food and Drug Branch echoes this press release on its website:

• Products containing CBD are not generally considered safe and there may be potential health risks associated with them.
• It is illegal to add CBD to food, beverages and cosmetics that are manufactured, distributed and sold in Hawaii.
• CBD may not be sold as a “dietary supplement.”
• CBD may not be marketed by asserting health claims because that would constitute prohibited misbranding or false advertising.
• CBD is the active ingredient in an FDA-approved prescription drug. Therefore, it cannot be put into food, beverages and cosmetics, sold as a drug without a prescription, or marketed as a “dietary supplement.”

These statements by the DOH make pretty well clear that they are following the federal Food and Drug Administration’s (“FDA”) guidelines (by repeatedly citing/referring to them), but they also cite Hawaii’s food, drug, and cosmetics laws, similar to what California has done.  In fact, Hawaii appears to have gone further than both the FDA and California in prohibiting Hemp-CBD in cosmetics. Hawaii’s position on Hemp-CBD is one of the strictest in the nation as the sale of Hemp CBD products such as foods, beverages, cosmetics, dietary supplements, unapproved drugs, or any other kind of Hemp CBD product that makes health claims, appears to be unlawful in Hawaii.

The bottom line is that the sale of many different kinds of Hemp CBD products in Hawaii appears to be unlawful, at least according to the DOH. Anyone who follows this blog knows that these laws are fluid and changing rapidly, so stay tuned to the Canna Law Blog for further developments.

source https://hempgenixs.com/2019/08/25/hemp-cbd-across-state-lines-hawaii/?utm_source=rss&utm_medium=rss&utm_campaign=hemp-cbd-across-state-lines-hawaii

Grading the Presidential Candidates on Marijuana: Amy Klobuchar

Every Saturday, we have been running a series of blog posts that take a close look at the Democratic Party candidates for President in 2020. We examine each candidate’s historic approach to marijuana law and policy, and we also canvas their current respective stances on marijuana.

Over the past eight weeks, we covered Joe Biden, Bernie Sanders, Kamala Harris, Elizabeth Warren, Pete Buttigieg, Corey Booker, Beto O’Rourke and Andrew Yang.  Today, we turn to Minnesota senator Amy Klobuchar.

Grade: C+

Stance on marijuana: Amy Klobuchar supports legalizing marijuana, as she told the Washington Post in February. However, she has never been at all vocal on this issue.

History: Like many of her fellow Democratic presidential candidates, Klobuchar’s stance on marijuana has evolved over her political career. Klobuchar began her career as County Attorney of Hennepin County. In a 1998 debate leading up to her election, Klobuchar made clear she opposed legalization:

“I am opposed to the legalization of marijuana. I believe when you look across the world at what’s been happening, people have realized that legalizing drugs is not the answer.”

During her career as County Attorney, Klobuchar won a “tough on crime” reputation, imprisoning many individuals on drug convictions

Klobachur’s stance on cannabis has softened in the past couple years. Klobuchar was elected to the Senate in 2007, but only recently signed on to marijuana-related legislation. In 2018, she cosponsored the STATES Act, which if passed would protect states that choose to legalize marijuana (but would not end prohibition at the federal level). The same year, she also cosponsored legislation to increase research surrounding marijuana as well as to review whether CBD should remain on the controlled substances list. Unlike the rest of her fellow Democratic candidates in the Senate, however, Klobuchar did not sign on to The Marijuana Justice Act, which would legalize marijuana if passed.

Though this past February Klobuchar stated she supports legalizing cannabis, the word “cannabis” (or any of its synonyms) does not appear anywhere on her website or on her social media. Klobuchar’s plan for her first 100 days as president (which she links to on her website) does include starting “the evaluation process to reschedule marijuana.” Klobuchar’s website also addresses criminal justice reform where she promises to “create federal incentives so that states can restore some discretion from mandatory sentencing for nonviolent offenders.” Strangely, “restore some discretion” is a link to a CNN article with the headline “Amy Klobuchar says she supports legalizing marijuana.” Klobuchar also does not directly address the War on Drugs or federal legalization of cannabis

Conclusion: Klobuchar receives a “C+” grade because of her less than stellar history on cannabis and for her silence on legalization. Though Klobuchar stated support for legalizing marijuana, she obviously wants to distance herself from the issue by excluding any mention of marijuana from her social media and website. Klobuchar’s legislative history is also disappointing. Before 2018, the senator did not sponsor any bills related to marijuana. She has recently signed on to marijuana-related bills, but she is the only Democratic presidential candidate in the Senate who chose not to cosponsor The Marijuana Justice Act. Her pro-legalization stance, communicated in a single “statement” sent to The Washington Post, is not convincing. She comes across as having softened on legalization more for political reasons than out of any true commitment and she has done very little to demonstrate that she really wants to legalize marijuana.

source https://hempgenixs.com/2019/08/24/grading-the-presidential-candidates-on-marijuana-amy-klobuchar/?utm_source=rss&utm_medium=rss&utm_campaign=grading-the-presidential-candidates-on-marijuana-amy-klobuchar