No Rescheduling Cannabis, But Plenty of Other Activity WHAT'S WITH all the federal weed law action? My head is spinning! MINE, TOO. Last week, the Drug Enforcement Administration (DEA) announced it would not change its dismal tune on cannabis, and that weed would remain a Schedule I drug under the Controlled Substances Act (CSA). Then, the Obama administration announced it would ease barriers on marijuana research, despite the Schedule I restriction. Then, a bunch of federal attorneys general got pwned in the Ninth Circuit Court of Appeals regarding their prosecution of medical marijuana businesses, which is a pretty big deal. [continues 399 words]
Of Pot, Felons, and Duped Canadians TELL ME about the weed fraud case! WEED, FELONS, forgeries, lawsuits, California swindlers, and duped Canadian backers-the weed fraud case had it all. The culprits in this story are a Northeast Portland dispensary called Cannacea, its owner Tisha Siler, a California group called Green Rush Consulting, and, per the Oregonian, a Green Rush employee who did hard time for wire fraud. Siler, Cannacea, and Green Rush were busted last month for especially bad behavior. [continues 419 words]
WHAT'S GOING ON with the medical marijuana program? Is it going away? I THINK SO, and I hope so, and I expect rowdy emails for saying so. After 18 years, the program has run its course. Going forward, I would like to see everything combined into one big casserole, with protections baked in for current medical program patients. That way, we curtail the waste of two big Oregon agencies intensively regulating one little plant. The Oregon Medical Marijuana Act (OMMA) was enacted in 1998. It has been amended several times, and today, there's significant overlap with the emerging retail market. Back in the day, the OMMA was drafted to protect patients and their caregivers from criminal liability. Those were commendable goals, but the program never made sense from a business perspective. That would be fine, of course, if the OMMA hadn't created a sizable market. [continues 330 words]
You Can Make a Pot Commercial, but There Are Hoops to Jump Through I'm filming a pot commercial! I can do that, right? YES, YOU CAN definitely make a pot commercial. Before you start, though, you should study up on the rules for pot commercials and pot ads in general. You should also note that distribution of your ad might be limited, depending on your approach. I'll explain. Back when Measure 91 passed, you and your friends assigned the Oregon Liquor Control Commission (OLCC) the especially tricky job of regulating pot ads. This job is particularly tough because our state constitution contains the broadest speech protections in the nation (resulting in a naked bike ride, tons of strip clubs, and no campaign finance restrictions). So although OLCC latitude in this area may be cramped, the agency took a whack at it. They came up with a few rules you might have expected; others may surprise you. [continues 362 words]
Yep, They Are. What's the deal with cannabidiol (CBD) pet treats? Are they really a thing? YES, CBD-INFUSED pet treats are definitely a thing. They are often marketed to "all pets, large and small," and you can order them online from any number of manufacturers. As with any product, some of the websites look better than others. Some even contain product testimonials from pet owners, which can make for delightful reading. Pet treats are pricey little morsels designed to relieve ill and aging animals. Sellers also promote them for anxiety and "bonding" issues. These treats are infused with non-psychoactive CBD and they are marketed to the humane souls among us concerned with arthritic rabbits, not the guy who blows smoke in his cat's face. [continues 372 words]
It's Not Hard, But You'll Need to Study Up-and Pony Up Do I really have to pay $100 to work in recreational marijuana? YES, YOU REALLY DO. And you must pass a test and a criminal background check. If you conquer these three labors like a modern-day Heracles, you should be golden. Oregon recently followed Colorado's lead in requiring that weed industry workers carry papers. Whereas Colorado workers sport classy "badges," however, Oregon workers will just be getting "permits." This permit requirement applies to everyone toiling in the Oregon Liquor Control Commission's (OLCC) seed-to-sale system. Their counterparts in the medical marijuana program, as well as lab and research certificate employees, are exempt. So if you really, really hate tests, or you are a pauper or felonious type, this may not be your enterprise. [continues 366 words]
Is That State's Brand-New Cannabis Initiative Any Good? What do you think of California's brand new pot initiative? IT'S A MIXED BAG, but I'm getting on board. Last week, California announced that the Adult Use of Marijuana Act (AUMA) officially has a home on the state's November ballot. Over the past year, the concept of legalization among California voters has been polling very well. It seems almost certain the AUMA will pass. My law firm's California attorneys have been looking at AUMA intensively for the past few months, and report that the 62-pager is more complex than Washington, Oregon, and Colorado's initiatives. For example, AUMA provides for an astonishing 19 separate business licenses, and its distribution model recalls the convoluted rules of booze. For these and other reasons AUMA has many opponents, even among pot boosters. [continues 364 words]
Did the Democratic Party Just Endorse Legalization? Did the Democratic Party just endorse national legalization of weed? NO, BUT the party added "marijuana law reform" as a platform plank to be adopted this month. It's a step. The two big US political parties tend to scrape together an agenda and revise their platforms in presidential election years. Bernie Sanders (remember him?) was doing pretty well around the time the platform drafting committee was convened, and he got to appoint 7 of its 15 members. Those members proposed some short and sweet language around cannabis, offering that "we will refocus our drug policy by removing marijuana from the Controlled Substances Act and allowing states to set their own policies." (Period.) This language dovetailed with Bernie's Ending Federal Marijuana Prohibition Act of 2015, which was shipped off to the Senate Judiciary Committee last November, never to be heard from again. [continues 337 words]
Will Making Weed a Schedule II Drug Be Bad for Oregon? I read that weed might be removed from Schedule I of the federal Controlled Substances Act (CSA). Is that bad for the Oregon scene? NOT IN MY OPINION, but people disagree. The argument is that if weed were moved to Schedule II or III, big pharma would roll in and crush the little guys (that is, everyone who sells weed in the legit or gray market). But I think the little guys would be fine, just like today. [continues 390 words]
If a Customer Does Something Stupid, Are Business Owners to Blame? I own a marijuana dispensary. Will I get in trouble if a customer does something stupid after visiting my shop? I DON'T THINK SO, but anything is possible. You may have been alarmed by the recent Colorado lawsuit where a man named Richard Kirk shot and killed his wife after consuming a cannabis edible. This happened in 2014, but the Kirks' kids and other family members recently sued two Denver-based marijuana companies: the processor that made the product, and the dispensary that sold it. As for Kirk, he was charged with first-degree murder and pled guilty, but switched his plea to not guilty by reason of insanity. Kirk claims that cannabis rendered him insane at the time of the slaying. [continues 374 words]
The Feds May Be Moving Slowly, But There's No Turning Back I keep reading articles about new states with weed programs. How is this still illegal federally? I KEEP READING about them too. Last month, Pennsylvania legalized medical marijuana. Last week, it was Louisiana. As of today, 25 states and Washington, DC, have legalized weed for medical use. That's sort of more than half. By the end of this year, a true majority of states will have legalized something that is federally illegal. [continues 429 words]
Are Giant Marijuana Companies on the Way? Will new cannabis laws create giant marijuana companies, like a Philip Morris or Anheuser-Busch of weed? SIGNS POINT to yes. The pot industry is in a curious place. On one hand, it is still a cottage industry. On the other, there are lots and lots of cottages, with legal sales projected to hit $6.7 billion this year. Somehow this is happening despite recreational weed being legal in just four states and despite the strictures of federal law. Since we have no idea how pot will be regulated going forward, it's actually kind of fun to theorize about it. [continues 417 words]
I lucked into a few thousand bucks. Can I invest in weed? YES, BUT probably not in the way you're thinking. The general rule in this country is that only wealthy people get to invest in private companies. These "accredited investors" are allowed to invest under an exemption to the Securities and Exchange Commission's private offerings rules. If you made $200,000 for each of the past few years, or your net worth is north of $1 million, you may qualify. Most of us do not qualify, and probably don't fall under one of the less common exemptions either. The idea is that most people could not weather a financial shellacking and the world is filled with crooks. [continues 396 words]
Not All of Oregon Supports Legal Weed I HEARD WEED is still not happening in parts of Oregon. What's the latest? Things are coming around slowly. You know: strikes and gutters, ups and downs. You may recall that last week, when you dropped off your ballot for the presidential, state, and local races, pot was not on the ballot. For people in Grant and Klamath counties, the opposite was true. Both counties voted on measures to allow medical and retail facilities, and to allow citizens of the empire to access weed as we do here in Portland. Regrettably, both measures failed. [continues 418 words]
Patenting Isn't Easy, But It Can Be Done I CULTIVATED an innovative new strain of weed. Can I patent it? Yes, you probably can. The first weed strain patent was issued last August to a group of California breeders. This raised some eyebrows, and the US Patent and Trademark Office (USPTO) has since confirmed that it is processing both plant and utility patent applications for individual varieties of cannabis (and also poppy). To acquire a plant patent, your weed strain must simply have a distinct characteristic. To acquire a utility patent, however, it must be new and non-obvious as compared to existing strains. It also must exhibit different characteristics from weed in its natural state. Aside from that, one USPTO spokesperson recently assured a Vice magazine journalist that "there are no special statutory requirements of restrictions applied to marijuana plants." So, there you have it. [continues 365 words]
Here's What You Need to Know About the New Rules for Edibles, Topicals, and Concentrates I HEARD we all get to buy cannabis edibles soon. How does this work? Mark your calendar for Thursday, June 2. Those who are 21 and over will be able to buy edibles-and extracts and topicals, too. You may recall that a few months back, the Oregon Legislature passed an "emergency" raft of weed bills. One of them authorized expansion of the early-start program, under which regular joes have bought flower and plants at medical marijuana dispensaries since last October. Because the early-start program was successful, and because the Oregon Health Authority's (OHA) regulatory infrastructure was close to built out, the legislature said "sure." [continues 387 words]
