GFarmaLabs plans to build nation's largest commercial cannabis farm in Desert Hot Springs
By Leticia Juarez
Thursday, June 16, 2016 02:47PM
DESERT HOT SPRINGS, Calif. (KABC) --
The first and largest marijuana cultivation farm in Southern California will be located in Desert Hot Springs.
GFarmaLabs is spearheading this initial movement.
"It's going to be filled with greenhouses. It's going to be an agricultural center out in the middle of the desert," Berto Torres of GFarmaLabs said.
Legal marijuana cultivation can prove to be beneficial for the city of Desert Hot Springs. Land values are skyrocketing, and new businesses are sprouting up overnight.
Ben Breinberg moved from the Netherlands five months ago to open a hydroponic business.
"This is going to be the biggest in the world. So yeah, I'm happy to be right in the middle of it," Breinberg said.
However, there are mixed reactions from residents. Desert Hot Springs resident Joan Davis is concerned about the new cultivation businesses.
"We have to look at the big picture. Our children are our future, and where is the future for them and this?" Davis said.
Resident Jonathan Thomas is more supportive.
"If somebody settles here with a business and is doing productive things for the city, I don't see how somebody could have a problem with that," Thomas said.
Everyone, though, agrees that Desert Hot Springs needs the money. The city declared insolvency in 2014.
Mayor Scott Matas said in a statement, "We anticipate the GFarmaLabs project will provide local jobs and spur up to $1 million in tax revenue allowing for more funding for police, education, health resources and infrastructure within the city."
Insiders share their stories from the 'fastest-growing industry in America'; marijuana isn’t included in mainstream jobs reports, but another report says pot outsold Girl Scout cookies in 2015
Some have messy buns and sleeve tattoos. Some have salon cuts and $2,000 suits.
Some are joining blue-collar unions, getting health benefits as they grow and sell a plant they’ve long loved. Some say they never touch it, but they’re standing guard outside shops and fiercely lobbying legislators in Sacramento to ensure that others can.
As public support and legalization of cannabis spreads, those who’ve quietly worked in California’s medical marijuana industry are slowly emerging from the shadows. And professionals who never would have considered joining the industry a couple of years ago are leaving behind traditional careers in law, real estate and finance as they flock to what they see as the next big boom.
“The fastest-growing industry in America is marijuana, period,” said Jake Bhattacharya, who recently quit his information technology job to open a cannabis testing lab in Upland.
With medical marijuana legal in 25 states and recreational use allowed in four, pot outsold Girl Scout Cookies in 2015, according to a report from Marijuana Business Daily, a 5-year-old news website covering the industry.
Pot retail sales are expected to hit $4 billion this year, and Marijuana Business Daily is projecting that number could nearly triple by 2020.
The actual size of the industry may already be much larger, too, since California hasn’t tracked its massive medical marijuana market in the 20 years since it’s been legal. And it could skyrocket if voters here and a handful of other states approve recreational use Nov. 8.
The lack of reliable data coupled with the “niche” aspect of the industry is why cannabis — and the connected marijuana jobs — isn’t included in mainstream economic and jobs reports, according to Christopher Thornberg, director of the Center for Economic Forecasting and Development at UC Riverside.
“It’s still too fly-by-night,” Thornberg said.
California’s Employment Development Department doesn’t track the diverse daisy chain of cannabis jobs either. And several recruitment firms said they don’t deal with the industry.
Job seekers and employers instead turn to Craigslist or specialized sites. There’s a recent post on WeedHire.com for a $75,000-a-year account manager at GFarmaLabs, which makes marijuana products in Anaheim, and one on 420careers.com for growers and trimmers at Buds & Roses dispensary in Los Angeles.
Working in the industry isn’t without complications.
It remains illegal at the federal level, which limits access to financial services and causes lingering concerns over raids by federal authorities.
California’s market is also emerging from two decades of nearly nonexistent regulation and intense battles with local governments who were less than welcoming to “potrepreneurs.” That legacy means newly licensed shops often still rely on growers and manufacturers in the gray market, and they struggle to survive alongside unlicensed operators who aren’t paying the same hefty taxes.
Then there’s the glaring disapproval that comes from shrinking (per the polls) but vocal pockets of the public. Fear of backlash from conservative family members or future business associates kept a number of cannabis workers from speaking on the record for this story.
“Let’s face it, of course there is a stigma,” said Juliet Murphy, a career coach who runs Juliet Murphy Career Development in Tustin.
Murphy expects that it would raise eyebrows for more traditional employers to see a weed industry job on someone’s résumé. However, Murphy sees it as less of an issue going forward as the industry becomes more mainstream and as millennials continue to transform the workforce.
“There are still a lot of kinks that are being worked out. But I think this presents an opportunity for a lot of jobs, provided that people do it right,” Murphy said. “I think in the next 5 to 10 years, it’s going to be huge.”
Say goodbye to the bear
It’s important to ensure the safety of children; Keeping medications, cleaning products and other dangerous materials put away and out of reach of curious fingers. When it comes to THC-infused edibles, the strategy should be no different.
However, some people believe gummies shaped like bears, worms, people and fruit slices are just too appealing and tempting to children and need to be banned promptly.
On Friday, Colorado Governor, John Hickenlooper, signed a bill banning the sale and disruption of THC-infused gummies shaped like animals, fruit slices or people. The hope is, with the new bill in order, children will have less access to THC treat that looks all too familiar to them.
The infused version is nearly indistinguishable from standard gummy bears, making it easier and more likely for children to mistake the THC treat for their regular confection.
Colorado edibles must come with a stamp or sticker stating the product contains THC, but apparently that’s not enough for some. Supporters of the ban believe the gummies are simply “too attractive” for youngsters, making it nearly impossible for them not to eat if they should stumble upon them.
Um, what? When was the last time someone’s child ate an entire bottle of gummy antacids? They’re fruit shaped and can cause serious problems if too many are ingested, but responsible parents keep things like that stashed away, just like THC edibles should be.
With the gummy bear ban taking effect July 1, the cannabis market will undoubtedly bounce back, but with less fun shaped THC gummies. Squares and disc-shaped edibles are likely to be seen popping up on shelves of local dispensaries, as many manufacturers have already begun phasing out the illegal shapes.
If customers, for whatever reason, have an issue with the new shape, time is running out to stockpile the cute gummies. In less than three weeks, gummies shaped like worms, bears, people, fruit slices and any other whimsical shape will be removed and destroyed; not resold or given away as part of a compassionate care program.
Parents should be held accountable if edibles fall into the wrong hands. Just like Tylenol, Xanax or Adderall, medications are not meant to be in places where children have open access to them. If Colorado is experiencing an issue with kids accidentally ingesting THC gummies, the parents should be at fault.
Flintstone vitamins are people shaped, but we don’t ever hear about children consuming mass amounts of those. Why? Because parents know enough to keep them put up and away. Unfortunately, lesser intelligent people can’t seem to do the same with their cannabis edibles, meaning all of Colorado must suffer from poor parenting.
Before it was outlawed in 1938, hemp was named the next billion dollar crop
VIENNA, W.Va. — West Virginia hemp seeds are being distributed to approved growers in the state for a research project on the crop.
State officials say it took two years to create rules governing the project. Applicants must pass background checks before being licensed to participate.
The planting of hemp seeds moved forward this year after Gov. Earl Ray Tomblin vetoed a bill that would have prevented individuals from growing industrial hemp for research projects.
J. Morgan Leach is executive director of the West Virginia Hemp Farmers Cooperative. He told the News and Sentinel in Parkersburg that his father, Jim Leach, and Dave Hawkins are among the members of the cooperative who have been approved by the state to plant hemp seeds in the project.
The state Department of Agriculture recently delivered seeds to Jim Leach, who will plant them on his property in Vienna along the Ohio River. He is interested in the manufacturing prospects for hemp and has a 30- by 90-foot plot for growing three varieties of hemp.
Hawkins, owner of Mother Earth Foods in Parkersburg, will plant seeds he receives from the state on a half-acre of his property in Wood County.
Industrial hemp can be used as food, fiber and supplements, said Chris Ferro, chief of staff for state Agriculture Commissioner Walt Helmick. It can also be used for clothing and in building.
Morgan Leach said hemp can be used to make paper, fabrics, rope, cosmetics and plastics.
“Hemp canvas covered the wagons that settled America, and was named the next billion dollar crop by Popular Science Magazine in 1938 before it was officially outlawed,” he said.
The Agriculture Department will test the hemp to ensure the levels of THC (tetrahydrocannabinol, the primary intoxicant in marijuana) in the crop are below the federally mandated 0.3 percent.
The hemp looks like marijuana but doesn’t have the same THC component, Ferro said. The state will work with law enforcement officials to let them know where the legally grown hemp is located, he said.
Ferro and Morgan Leach have visited with Department of Agriculture officials in Kentucky where hemp growing is “taking off,” Leach said.
This is believed to be the first time hemp has been planted legally in West Virginia since World War II.
“This is a pretty cool idea,” said Hawkins, saying hemp production is an interesting project for West Virginia as a commodity crop to help the state’s economy.
Morgan Leach said veterans and former coal miners could become involved in hemp production.
Although the hemp focus is now on the research side, the Department of Agriculture wants to assist in future market and product development and the plant being used for remediation of the land, Ferro said.
Ferro said the department hopes the project develops into hemp processing plants opening in West Virginia.
While marijuana laws have become lax in recent years, a "Marijuana DUI" can still get you in a lot of trouble.
criminaldefenselawyer.com by Monica Steiner, Contributing Author
The often tragic consequences and harsh legal penalties for driving under the influence of alcohol are well publicized. What many people don’t realize is that it is also illegal and punishable in all 50 states to drive under the influence of marijuana (or a combination of alcohol, marijuana, or other drugs).
Laws defining what it means to be “under the influence” of marijuana vary by state, as do applicable punishments.
Any amount = under the influence. In some states, any amount of marijuana in the driver’s system will conclusively establish that the driver was under the influence.
Above the threshold = under the influence. In other states a driver who is above a certain blood or urine concentration level will be considered under the influence.
The defendant’s behavior or actions= under the influence. A minority of states require the prosecutor to prove that the driver was under the influence, by pointing to his behavior or driving, regardless of the amount of marijuana in the driver’s system.
States also differ in their definitions of "driving." For example, in many states, a DUI charge can result from merely sitting in a stationary car while under the influence. Whether this definition of “driving” applies to you depends on the law of the state where you live, and is discussed further below.
What it Means to be "Under the Influence"
In most states, being “under the influence” means that the driver is incapable of driving safely due to the effects of drug or alcohol use.
As you are probably aware, when it comes to alcohol, a blood alcohol level of 0.08 percent of the driver's blood, by volume, will conclusively establish that the driver is under the influence (if the level is less, the prosecutor can still point to the driver's actions to prove that he was under the influence). In some states, the blood alcohol level threshold is even lower if the driver is a minor.
When marijuana is involved, however, states have different approaches to establishing that the driver was under the influence, as shown below.
Per se laws
In states with so-called “per se” DUI laws, any amount of marijuana in the driver’s system at the time of the offense will conclusively establish impairment. In these states, a prosecutor will not need to present any further evidence (such as behavior consistent with being under the influence or unsafe driving) in order to establish that the driver was under the influence.
State per se laws often include marijuana metabolites—compounds left over when the body metabolizes (or processes) marijuana—which can remain in a person’s body for days, weeks, or longer after marijuana use. While metabolites indicate that the person ingested marijuana at some point in the past, they do not indicate how long ago, or necessarily point to current impairment. Even so, state per se laws that include metabolites accept their presence as conclusive evidence of impairment for the purposes of a DUI charge.
Blood or urine marijuana concentration levels
As they do with blood alcohol thresholds, some states consider a level of marijuana (or marijuana metabolites) in the driver’s blood or urine—usually in nanograms/ liter—as conclusive proof of impairment. As with per se laws, the prosecutor will not need to prove that the driver’s senses were impaired—no need for field sobriety test results, or testimony about the driver’s speech, balance, or poor driving.
In these states, having a concentration level that’s lower than the threshold does not necessarily mean that the driver was not under the influence, however. The prosecutor may still point to the driver’s actions and behavior (such as his driving) to show that the driver was under the influence.
The driver’s behavior or driving
In the minority of states, the prosecutor must always establish that the driver was behaving in a way that showed that he was under the influence of marijuana at the time of the arrest—regardless of (even relatively high) marijuana blood or urine concentration levels. Prosecutors can do this by showing that the driver had impaired balance or speech, or that he was driving erratically—even that he smelled of marijuana.
People are sometimes surprised to learn that the prosecution need not show actual unsafe driving to prove that the driver was under the influence. Merely being under the influence and driving will suffice. For example, suppose you are involved in an accident that you did not cause—your driving was just fine. But the police officer who comes to the accident scene smells marijuana in your car, observes your reddened eyes and tell-tale behavior, and sees half-smoked joints in the ash tray. This may be enough evidence to charge you with driving while under the influence, even though your driving was not unsafe.
Driving as a Medical Marijuana Patient
Eighteen states have made it legal to use marijuana for medicinal purposes, as long as the patient follows the law with respect to amounts, registration, and so on. But no state has gone so far as to say it’s okay to drive after using medical marijuana, even when the patient has scrupulously followed the rules. This can be especially problematic for medical marijuana patients in states that employ per se laws, because as explained, metabolites may remain in the body for some time after use, arguably with no effect on the person's driving.
Medical marijuana patients should know how their state approaches the issue of being “under the influence,” as explained above. For more information on this topic, see Medical Marijuana and Driving.
What Constitutes "Driving"?
Most state DUI statutes consider someone to be a driver within the meaning of the DUI law when he is “in actual physical control” of the vehicle at the time of arrest. This definition is broader than our common idea of “driving” or “operating” a vehicle. The policy goal behind this broad-reaching definition is to keep people from doing a wide range of vehicle-related activities while under the influence, thus increasing safety for other motorists, pedestrians, and property along roadways.
Because of this expansive definition, most state statutes do not limit DUI charges to people who are operating moving vehicles. Being “in actual physical control” of the vehicle can include being in control of a parked car, if the judge believes that the defendant intended to begin driving, or even that the defendant had already driven the vehicle before being found by the arresting officer.
If a DUI can include more than simply driving, what constitutes “actual physical control” of a vehicle? Judges tend to consider a combination of factors, including whether:
the vehicle was on or off
the vehicle was moving or stationary
the vehicle was operable
the keys were in or out of the ignition (and whether the defendant even had access to the keys)
the driver was awake or asleep (was the defendant perhaps “sleeping it off” in a parked vehicle?)
there was any gas in the tank
the vehicle’s gears were engaged, and
the defendant was in the driver’s seat.
Whether you were in “actual physical control” comes down to the judge’s consideration of the specific facts surrounding your case.
Marijuana DUI Penalties
The most common punishments for DUI offenses are a fine, jail (or prison) time, or both. Many states will also impose some length of license suspension or require the use of an ignition interlock device, so that the defendant’s vehicle will not start without a clean breathalyzer sample. Specific penalties for DUI convictions vary by state, though all states impose some combination of the following to punish DUI convictions:
jail (or prison) time
victim impact program participation
home confinement (also known as house arrest)
ignition interlock device use
vehicle impoundment or forfeiture, and
drug and alcohol abuse programs.
Within each state, the severity of the applicable penalties in each case usually depends on whether the offense was a first or subsequent violation, and aggravating factors may increase applicable penalties (see below).
The following circumstances will increase the penalties that would normally apply to a DUI conviction. These include (but are not limited to):
second and subsequent offenses
a minor in the vehicle at time of offense (sometimes referred to as “child endangerment”)
a minor as the defendant
DUI while driving on a suspended license
DUI while driving a school bus
causing a traffic accident, property damage, bodily injury, or death, and
driving with particularly elevated alcohol or drug content levels
Sentence ranges and mandatory minimum sentences
Although many state statutes list maximum fines, jail time, and license suspension periods, unless the law requires minimum fines, jail time, and suspension, the judge usually has discretion to sentence for periods up to the various maximums. This means that a defendant can theoretically end up with no, or very low, jail time and penalties.
Defendants who have prior DUI convictions probably can’t count on a mild sentence due to the absence of a mandatory minimum sentence in the statute, however. In all states, penalties increase for second and subsequent offenses, and in most states, that means mandatory minimum penalties for these subsequent violations. However, often there’s a “wash out” provision—a rule that effectively makes a prior DUI of a certain age go away for purposes of enhancing subsequent sentences. For example, a mandatory minimum may apply to a current conviction only if the prior conviction was incurred less than five, seven, or ten years ago. When a prior has washed out, the subsequent offense is treated as a first offense for punishment purposes.
A tip for American farmers: Grow hemp, make money
By Doug Fine latimes
june 25 2014
After a 77-year break, hemp plants are growing in American soil again. Right now, in fact. If you hear farmers from South Carolina to Hawaii shouting "God bless America," the reason isn't because Thomas Jefferson drafted the Declaration of Independence on hemp paper (he did). Nor is it because the canvas that put the "covered" in pioneer covered wagons was made of hemp, nor that the hemp webbing in his parachute saved George H.W. Bush's life in World War II.
Nope. It's because U.S. policy is finally acknowledging that hemp can help restore our agricultural economy, play a key role in dealing with climate change and, best of all, allow American family farmers to get in on a hemp market that, just north of us in Canada, is verging on $1 billion a year.
Hemp is a variety of cannabis — and thus a cousin of marijuana — that contains 0.3% or less of the psychoactive component THC. (Marijuana plants typically contain 5% to 20% THC.) You can't get high from hemp, but starting in 1937, U.S. drug laws made cultivating it off-limits.
Finally, the U.S. hemp industry is back. A provision in the 2014 farm bill signed by President Obama on Feb. 7 removed hemp grown for research purposes from the Controlled Substances Act, the main federal drug law.
Not a moment too soon. American farmers have been watching as Canadian farmers clear huge profits from hemp: $250 per acre in 2013. By comparison, South Dakota State University predicts that soy, a major crop, will net U.S. farmers $71 per acre in 2014.
Hemp takes half the water that wheat does, and provides four times the income. Hemp is going to revive farming families in the climate change era. — Colorado farmer Ryan Loflin
Canada's windfall has been largely due to the American demand for omega-balanced hempseed oil. But hemp is also a go-to material for dozens of applications all over the world. In a Dutch factory recently, I held the stronger-than-steel hemp fiber that's used in Mercedes door panels, and Britain's Marks and Spencer department store chain used hemp fiber insulation in a new flagship outlet. "Hempcrete" outperforms fiberglass insulation.
Farmers I've interviewed from Oregon to Ohio have gotten the memo. In a Kansas-abutting corner of eastern Colorado, in the town of Springfield, 41-year-old Ryan Loflin wants to save his family farm with hemp. "It takes half the water that wheat does," Loflin told me, scooping up a handful of drought-scarred soil so parched it evoked the Sahara, "and provides four times the income. Hemp is going to revive farming families in the climate-change era."
From an agronomic perspective, American farmers need to start by importing dozens of hemp varieties (known as cultivars) from seed stock worldwide. This is vital because our own hemp seed stock, once the envy of the world, was lost to prohibition. This requires diversity and quantity because North Dakota's soil and climate are different from Kentucky's, which are different from California's. Also, the broad variety of hemp applications requires distinct cultivars.
Legally, farmers and researchers doing pilot programs in the 15 states that have their own hemp legislation (including California) now have the right to import those seeds. The point of the research authorization in the farm bill is explicitly to rebuild our seed stock. Such research is how the modern Canadian hemp industry was kick-started in 1998.
But one final hurdle has been placed in front of American hemp entrepreneurs. In Kentucky, U.S. Customs officials, at the behest of the Drug Enforcement Administration, in May seized a 286-pound shipment of Italian hemp seed bound for the state's agriculture department. After a weeklong standoff, a federal agency had to be reminded by the federal courts that the law had changed and Kentucky's seed imports were legal.
The problem is as much an entrenched bureaucratic mind-set as the ink drying on the new federal hemp policy. DEA Administrator Michele Leonhart told a law enforcement group last month that the hoisting of a hemp flag above the U.S. Capitol last July 4 was "the low point in my career."
It should have been a high point. Hemp's economic potential is too big to ignore. When he was China's president, Hu Jintao visited that nation's hemp fiber processors in 2009 to demand that farmers cultivate 2 million acres to replace pesticide-heavy cotton. Canada funded its cultivar research for farmers, with today's huge payoff.
Even Roger Ford, a politically conservative Kentucky utility owner, told me his Patriot BioEnergy's biofuels division would be planting hemp on coal- and tobacco-damaged soil the moment it was legal. Why? To use the fiber harvest for clean biomass energy. "We have a proud history of hemp in the South," Ford told me.
Congress knows the farm bill hemp provision is just a baby step. The real solution is the Industrial Hemp Farming Act, introduced by Sen. Ron Wyden (D-Ore.), which would allow nationwide commercial hemp cultivation. Colorado, already ahead of federal law on legalizing psychoactive cannabis, is also in front on hemp; it has a state law allowing commercial hemp cultivation. At least 1,600 acres were planted this season.
Wyden's bill should be fast-tracked. In the meantime, Rep. Thomas Massie (R-Ky.) believes hemp is so important for the Bluegrass State that he's not waiting for another brouhaha over seed imports. He added an amendment to a bill that controls the DEA's budget to specifically protect imported hemp seeds from seizure. It passed in the House 246 to 162 on May 30.
It's a necessary move: Just last week at the Canadian border, the DEA seized another shipment of hemp seeds, this time bound for Colorado farmers. This counterproductive nonsense must stop.
American farmers and investors need our support to catch up with Canada's and the rest of the world's hemp head start. Now. As Loflin put it when I toured his family's 1,200-acre Colorado spread, "I'm planting hemp to show my neighbors that small farmers have a real option as businesspeople in the digital age."
We're down to 1% of Americans farming; it was 30% when our world-leading hemp industry was stymied in 1937. The crop is more valuable today than it was then. We should be waving flags and holding parades for the farmers ready to plant the crop that Thomas Jefferson called "vastly desirable." I know I'm ready. To cheer, and to plant.
Should the Odor of Cannabis Constitute Probable Cause in Florida?
by The Law Office of John Guidry II
Oh the times, they are a changin’
Every time I walk into the Orange County Courthouse, I see some guy asking me to sign a petition to “put medical marijuana on Florida’s Ballot”. Somehow, whenever I’m dressed in my work uniform (suit, tie, and briefcase, don’t forget the briefcase), the petition signing hawks leave me alone. It may be that too many “suits” turn out to be jerks, so they just don’t bother. I understand that, and agree. But, if I had the time, I would chat up the “medical marijuana sign holder” and tell him that medical marijuana is perfectly legal in the State of Florida. It has been for almost a year now.
Most people don’t realize this. Medical marijuana is legal in Florida. I’ll keep saying it until everyone takes down the signs asking that we make it legal. It’s legal. Governor Rick Scott signed the law back in 2014, and it took effect on January 1, 2015. The law is found in Florida Statute 381.986, entitled “Compassionate use of low-THC cannabis”.
Now, the question for today may sound like another episode of Inside Baseball, and for that, I’m slightly sorry. It is the effect this law has on probable cause that should concern we citizens. Law enforcement may not search your person, home, or vehicle without a warrant so long as they have “probable cause”. Nine times out of ten, probable cause involves some officer telling his buddy “You smell weed? Yea, I smell weed too, let’s search this place”. Five times out of ten, this odor is detected after a citizen denies the officer permission to search. Up until January 1, 2015, probable cause based upon the smell of weed made a bit of sense, as marijuana was illegal in any form up until that point.
For years now, we defense attorneys have tolerated fabricated odor of cannabis searches that never reveal cannabis. It sounds funny, but some officers have searched a vehicle based upon the odor of cannabis–only to find no marijuana. Shocking, I know. The only drugs found on these “odor of cannabis searches” were cocaine or heroin or oxycodone—none of which smell like weed. Not surprisingly, most prosecutors buy into this odor of cannabis excuse. Even judges buy into it, reasoning that, “well, I guess the defendant had recently smoked weed, that’s probably what the officer smelled, so I’m going to find probable cause for the search based upon the officer’s detection of the odor of cannabis”. Sure, there are several logical objections to such reasoning, if you can find a judge interested in logic (there are plenty). For example, the odor of burnt cannabis is only evidence of a completed crime (the weed is now consumed by fire, duh), so the odor is not evidence that someone is currently committing the crime of possession of cannabis. Furthermore, in cases where a search is conducted based upon the odor—but no weed is recovered–the officer’s nose obviously isn’t accurate enough to detect the presence of cannabis. So, what business does the court have relying on such an inaccurate nose to find probable cause? We have K9’s who, we all can agree, are far better at detecting the scent of drugs than humans—yet several courts have suppressed evidence when it can be shown that the particular K9 utilized is not accurate enough to form probable cause (yes, the police must keep records of their K9’s “accuracy”, a story for another day). Why should a human be treated any different than a K9?
Well, I’m a little bit off track, as usual. We’re talking about searches. We’re talking about the government’s right to obtain a search warrant of your underwear drawer because they smell cannabis outside your home. We’re talking about a speeding ticket that turns into a 4 hour ordeal in which the panels of your dashboard have been broken loose because some cop smelled weed when you rolled down your window (should have rolled down those windows the minute you saw the flashing lights, I’m just saying).
Prior to January 1, 2015, Florida courts have routinely held that the smell of cannabis indicates criminal activity. As we said before, any form of cannabis was illegal. But now, the possession of cannabis is no longer illegal. Now, cannabis possession is legal if possessed under Florida Statute 381.986. Now, the odor of this legal substance should no longer constitute probable cause to search anything.
How Florida’s cannabis statute will impact the determination of probable cause remains to be seen, but several states have had medical marijuana for a while now, so we can gain some wisdom from their decisions. For example, in Arizona, their appellate court addressed “the effect of the Arizona Medical Marijuana Act (AMMA) on determinations of probable cause. That Act renders possession, cultivation, and use of marijuana lawful under some circumstances. Accordingly, those circumstances—not the mere possession itself—now determine whether such activity is criminal or permitted under state law. For this reason, and for the reasons state below, we hold that the scent of marijuana, standing alone, is insufficient evidence of criminal activity to supply probable cause for a search warrant.” State v. Sisco, 359 P.3d 1 (2015).
Businesses are gearing up as previously prohibited cannabis-infused drinks, cakes and candies are about to become a legal alternative to smoking marijuana
Melanie Sevcenko guardian.com
These days, the “pot brownie” is as outdated as Betty Crocker, with cannabis edibles reaching new highs in innovation and tastes. At Portland dispensary Oregon’s Finest, cannabis-infused root beer, artisan cake bites, chocolate truffles, gummy candies and even cold brew coffee are among the delicacies.
Recreational cannabis, in the form of flower (or “bud”), has been legal to purchase in Oregon since October 2015, but edibles have remained the forbidden fruit, available only to medical marijuana cardholders. From Thursday all that’s about to change.
Oregon has approved the sale of marijuana edibles to recreational consumers and sellers are preparing to unleash everything from cannabis-infused ice cream and frozen pizza to beef jerky on to the market.
Megan Marchetti of Oregon’s Finest said the shop is expecting a bump in sales, not least from customers who previously took the 10-mile pilgrimage across the bridge into Washington state – where edibles have been recreationally available since 2014.
It’s Marchetti’s opinion that Oregon will be the natural leader in cannabis snacky treats because, simply, it’s got better bud. “I lived in the Netherlands and all over the country, trying to figure out where the best weed in the world is. It’s in Oregon,” said Marchetti. “You combine that with Oregon’s need to have everything artisan and crafted, so you have really great products. Of everything I’ve seen our game is the tightest.”
As more US states move to legalization of cannabis, edibles have worried the authorities because they could potentially fall into the hands of children or prove worryingly strong for some users.
Oregon has arguably gone the furthest in its attempts to address these concerns. The temporary rules for 2 June – as determined by the Oregon health authority (OHA) – permit dispensaries to sell one cannabinoid edible containing a maximum of 15mg THC (the principal psychoactive constituent of cannabis) per customer per day. “Fifteen mg can be too high for a lot of people who are new to THC edibles,” said David McNicoll, producer of Dave’s Space Cakes, a gluten-free cupcake. “You really need to start with 5mg and learn what your dosage level is.”
Oregon Responsible Edibles Council (Orec), of which McNicoll is a member, has launched a “Try Five” campaign, which encourages first-time users to consume edibles containing only 5mg THC – and avoid overindulgent freak-outs.
Protecting cannabis users also extends to their children, which is why the OHA requires all edibles, whether retail or medical, to be sealed in child-resistant safety packaging.
The number of reported marijuana exposures in children under the age of six in Oregon increased from 14 in 2014, to 25 in 2015 and already 10 cases have been reported in the first three months of this year. Rob Hendrickson, associate medical director at the Oregon Poison Center, said it’s possible that incidents will increase after 2 June, as edibles can be easily mistaken for regular baked goods or candy.
Packing rules will change again towards the end of 2016, when the Oregon Liquor Control Commission (OLCC) absorbs the recreational market, as will potency levels. An entire package (or edible) will be limited to 50mg THC, with each serving capped at 5mg. That’s half the strength of medical edibles, and half the dosage permitted in Washington and Colorado.
The shifting rules are causing confusion. Producers of ice cream or soda, which is difficult to divide or score into 15mg THC servings, might have to sit this round out.
Yet some vendors are fast to adapt, like the producers of Sour Bhotz, a robot-shaped gummy edible which is among the top sellers at Oregon’s Finest. The fat-free and gluten-free candy will morph into something closer to “sour bitz” – robot parts – to qualify for the provisional THC limits. But the rewards on offer are huge.
Marijuana millionaires cashing in on cannabis legalisation
Edibles will be a big market, says John Kagia, director of industry analytics at New Frontier, a cannabis data-collecting firm. The reason, he explained, is multifold: edibles are attractive to non-smokers, they offer a discreet way to consume cannabis, and their selection and quality is as appealing for taste as it is for psychoactive effects. In Washington, edibles make up 10% of sales in the recreational market, but that number is growing rapidly. Oregon is expected to follow suit.
“It’s going to be huge,” said Laurie Wolf, founder of Laurie & MaryJane, which produces both sweet and savory edibles. “I think it’s going to be crazy in the beginning,” said Wolf, a professional chef and food author.
“My dream was to become the Martha Stewart of edibles,” said Wolf, whose Nut Mix and Almond Cake Bites took first and second prize at the Seattle DOPE Cup last year. “Since marijuana became recreationally legal, the edibles sales have dropped considerably,” she said. “We’re looking forward to them being back on the market.”
Yet before it can reach watering mouths in food form, all marijuana sold in Oregon must be screened for about 60 pesticides commonly used in cannabis cultivation, along with potency levels. Edibles, like Wolf’s cake bites, will undergo various lab tests, first as bud then as butter.
But that’s where the protocol gets hazy. Most edible producers are operating with small teams, limited funds and under little oversight, contributing to discrepancies between labeling and actual dosage.
According to a 2015 report by the Journal of the American Medical Association, of 75 edible products from 47 different brands across the country, 17% were accurately labeled, 23% were under-labeled, and 60% were over-labeled with respect to THC content.
“It’s complicated, because on a national level weed is illegal,” said Rodger Voelker, lab director at Oregon Grower’s (OG) Analytical, which tests cannabis for dispensary sales. “There is no level playing field in regards to quality, and no accountability. Until somebody tells them you can’t be deceiving customers, it’s going to continue to happen.”
A critical step in producing consistent edibles involves a finished product test. Unfortunately, there isn’t one. Instead, labs have devised their own methods – none of which have been validated by any national regulatory body, like the FDA, which is yet to step into the edibles sector.
OG Analytical is working with other laboratories to devise a uniform set of tests that can shared among states where marijuana is legal. In the meantime, Voelker warns edible producers: “Study up on what you’re supposed to be doing as though the feds were already involved, because I guarantee you that’s the direction it’s going to go.”
COLUMBUS - Gov. John Kasich signed a plan to legalize medical marijuana into law Wednesday, making Ohio the 25th state to approve its use.
Those suffering from epilepsy, chronic pain and the side effects of cancer treatments could soon be able to treat their pain with marijuana. Despite years of delays and opposition, state lawmakers passed a plan in May to legalize medical marijuana for those with a doctor's referral. Groups working to place a rival medical marijuana proposal on the fall ballot put pressure on legislators, but ultimately dropped their efforts after the lawmakers approved a plan.
Kasich was quiet about whether he supported legalizing medical marijuana, saying only that he would follow doctors' recommendations and wanted to help children in pain. But he ultimately signed the bill, which will take effect in 90 days.
While medical marijuana will be legal in three months, it will take much longer to set up rules for growers, dispensaries and patients. So, what comes next?
How soon can I buy medical marijuana?
If they have a doctor's recommendation, Ohioans can purchase medical marijuana from other states where it is legal as soon as Sept. 6 and bring it back into the state. Then, the Department of Commerce will have about eight months to create rules for those who will grow marijuana. After that, cultivators will need time to start growing medical marijuana, and dispensaries will set up shop. Around that time, doctors must start applying to the Ohio State Medical Board for a certificate to recommend medical marijuana.
All this means Ohioans won't be able to buy medical marijuana in-state until 2017 or early 2018. Note: Once the Ohio system is set up, Buckeyes will no longer be allowed to bring in marijuana from other states.
What kind of marijuana can I use?
Here's the big sticking point for many marijuana advocates: Under this law, it's still illegal to smoke marijuana – even if you buy it out of state. Vaporizers, edibles and oils are OK.
It goes without saying: Recreational use of marijuana also is still illegal under this law.
Which medical conditions will qualify for medical marijuana?
AIDS, amyotrophic lateral sclerosis, Alzheimer's disease, cancer, chronic traumatic encephalopathy, Crohn's disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson's disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette's syndrome, traumatic brain injury, and ulcerative colitis.
Who will grow the marijuana?
No one may grow medical marijuana at home or for personal use. But those who want to grow medical marijuana commercially must apply with the Ohio Department of Commerce. They cannot grow marijuana within 500 feet of a school, public playground, church, public park or public library. Those with certain criminal convictions are disqualified from growing marijuana.
Who can recommend it?
Physicians who are certified by the State Medical Board of Ohio. They could be disqualified from certification if they have a financial interest in growing marijuana, have lost their license to practice medicine or have been convicted of certain crimes. These doctors must attend at least two hours of training on diagnosing and treating conditions with medical marijuana.
Can I be fired for using medical marijuana?
Yes. Despite opposition from some Democrats, the law would allow employers to fire employees who violate office policies against marijuana use – even if the marijuana was recommended by physicians. If you are fired for marijuana use, you will not receive unemployment compensation either.
Can I vote on medical marijuana in November?
No. Several groups were interested in placing a proposal on the fall ballot, but each decided against it. The most prominent, Marijuana Policy Project and its local affiliate Ohioans for Medical Marijuana, dropped its bid just three days after senators passed the medical marijuana bill. The effort was too costly and unpredictable in a presidential election year.
"(T)he reality is that raising funds for medical marijuana policy changes is incredibly difficult, especially given the improvements made to the proposed program by the Ohio General Assembly and the fact that the Governor is expected to sign the bill," said Brandon Lynaugh, campaign manager for Ohioans for Medical Marijuana, in a statement.
DEA and police raid Westford family home in marijuana oil bust, arrest six
Boston.com By Nik DeCosta-Klipa
Four Westford family members, along with two family friends, were arrested Wednesday on a litany of drug charges after federal and local law enforcement raided their 3,855-square-foot home in a marijuana oil lab bust.
According to the Middlesex District Attorney’s office, Westford police and a Drug Enforcement Administration drug lab team arrived at the Mountain View Lane home at 8 a.m. to execute a search warrant.
Upon arrival, officials said they found a large basement lab manufacturing butane honey oil, a yellow honey-like substance which contains a more potent level of THC, the active ingredient in marijuana.
The process, in which butane liquid is put through marijuana buds, to create the yellow honey-like drug, also known as hash oil or dabs, can potentially cause hazardous or fatal explosions, according to the New England DEA head Michael J. Ferguson.
Husband and wife Bradley Heath Sr., 63, and Diane Heath, 61, as well as their son Bradley Heath II, 22, and daughter Linley Heath, 28, were charged with possession with intent to distribute and the manufacturing of a Class C substance, as well as conspiracy to violate drug laws.
The Heath son, who allegedly sold the drug under the name “Gold Street Extracts,” was also charged with distribution of a Class C substance, possession with intent to distribute a Class D substance, possession of a Class B substance, and operating a motor vehicle with a suspended license, according to officials.
Ayer District Court Judge Michael Brooks set Bradley Heath II’s bail at $30,000 cash on this case and detained him without bail on a probation violation from a previous case. Bail for the other three Heath family members was set at $500.
Westford resident Lyndsey Holston, 20, who police said is Bradley Heath II’s girlfriend, was also arrested in the case for manufacturing, distrbuting, and possessing with intent to distribute a Class C substance, as well as a conspiracy charge. Her bail was set at $1,000.
Twenty-two-year-old Groton resident Prachi Joglekar, a friend of Linley Heath, was also arrested for possessing with intent to distribute and manufacturing a Class C substance, as well as conspiracy charge. Joglekar’s bail was set at $500.
The defendants pleaded not guilty Wednesday. All six due back in court June 27.
“Their alleged lab operations compromised the safety and security of their neighbors, as well as the law enforcement officials who arrested the suspects today,” Middlesex District Attorney Marian Ryan said in a statement.