Department of Transportation Cautions Employers About CBD Use By Regulated Workers – JD Supra

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC („JD Supra” or „we,” „us,” or „our„) collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our „Website„) who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our „Services„). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra’s principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the „My Account” dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use „automatic decision making” or „profiling” as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

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For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the „My Account” dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

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We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

As with many websites, JD Supra’s website (located at www.jdsupra.com) (our „Website„) and our services (such as our email article digests)(our „Services„) use a standard technology called a „cookie” and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

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There are different types of cookies and other technologies used our Website, notably:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

Cannabis in the Classroom: Navigating the Administration of Medical Marijuana on Campus Under New California Law | The Recorder – Law.com

Frances Rogers(left) and Kate S. Im(right) of Liebert Cassidy Whitmore Frances Rogers(left) and Kate S. Im(right) of Liebert Cassidy Whitmore

While marijuana remains a prohibited Schedule I controlled substance under federal law, individual states, including California, have incrementally decriminalized certain acts of possession, use, and growing of cannabis. Beginning with the Compassionate Use Act of 1996, California allowed individuals to possess limited quantities of cannabis when prescribed by a licensed health care provider in the treatment of health conditions. In 2018, California voters approved limited personal recreational use and growing of marijuana by adults 21 years of age or older. Yet these changes in state law did not alter or repeal state and federal laws prohibiting the possession of cannabis in public elementary and secondary schools (including medical cannabis).

Now comes Senate Bill 223 (SB 223), signed into law by Governor Newsom on Oct. 9, 2019. Also known as Jojo’s Act, SB 223 permits school districts, county boards of education, and charter schools maintaining kindergarten or any grades 1 to 12, to adopt a policy allowing a parent or guardian to administer medical marijuana to their student who is a “qualified patient” on school grounds.

Jojo’s Act was championed by the mother of Jojo, a San Francisco student with Lennox-Gastaut syndrome, a severe form of epilepsy, who suffered from debilitating seizures. With the use of medical marijuana, Jojo’s seizures were effectively managed to a level that allowed him to attend school. However, because possession of cannabis on school campus was illegal, Jojo’s mother could only administer his medication by taking him out of school each day to a location that was at least 1,000 feet from campus and then return him to school.

Many may be surprised to learn that minors can obtain physician recommendations for medical cannabis. The state’s Compassionate Use Act does not exclude minors and the Medical Marijuana Program specifies that minors may be issued medical marijuana cards with the consent of their parents or guardians. The California Medical Association warns that “physicians should proceed cautiously,” and ensure that “(1) the parents or guardians are fully informed about the risks and benefits of medicinal cannabis and give their consent to such treatment; (2) the minor has a serious medical condition; and (3) all conventional treatments have been tried unsuccessfully, or considered and rejected (e.g., because of probable unacceptable side effects), before recommending the use of medicinal cannabis” to a minor. (California Medical Association Legal Counsel, “The Compassionate Use Act of 1996: The Medical Marijuana Initiative,” (On-Call Document #135) (January 2011).)

Under the newly enacted Education Code §49414.1, any policy adopted by a governing board of a school district or charter school, or a county board of education, allowing for on-campus administration of medical marijuana by a parent or guardian, must require parents to (1) provide to an employee of the school a valid medical recommendation for cannabis to be kept on file at the school; (2) remove any remaining medical cannabis from the school site after administering the medication; (3) sign-in at the school site before administering the medical cannabis; and (4) refrain from administering medical cannabis in a form that disrupts the educational environment or exposes other pupils. The Act does not allow medical cannabis to be administered in a smokeable or vapeable form. Further, the Act provides that pupil records collected for purposes of administering medical cannabis “shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records.”

Governing boards considering adoption of a policy may be concerned about risks to federal funding. For example, educational agencies receiving federal grants under the National and Community Service State Grant Program shall be subject to the Drug-Free Workplace Requirements for Federal Recipients. (See 42 U.S.C. § 12523; 41 U.S.C. §§8101, 8103-8106.) Under federal Drug-Free Workplace requirements, an agency receiving a federal grant must maintain a policy that prohibits unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the grantee’s workplace. “Controlled substance” includes marijuana, regardless of form, purpose or prescription.

It is important to note that SB 223 does not require school personnel, including school nurses, to administer medical marijuana. While existing law authorizes school nurses and other licensed health practitioners to administer medication to a student according to the orders of a physician, governing boards adopting a policy under SB 223 should prohibit staff administration of medical marijuana.

This is not to say that the federal government will undoubtedly come knocking down the door of a school district adopting a policy under Jojo’s Act. Similar laws exist in at least eight other states (Washington, Colorado, Florida, Maine, New Jersey, Delaware, Illinois and New Mexico). SB 223 contemplates the ability of a school board to rescind or amend a policy on the administration of medical marijuana “for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy.”

Another major concern for governing boards in adopting a policy pursuant to the Act is the potential for abuse. In fact, Governor Newsom declined to sign two previous versions of Jojo’s Act out of weaknesses in the law that could lead to misuse. As enacted, SB 223 contains some safeguards including a requirement that medical cannabis be personally administered by a parent or guardian who has consulted with a physician and obtained a valid physician recommendation for the student which is provided to the school to be kept on file. Further, SB 223 is not intended to allow the possession of marijuana by a minor on school grounds and for this reason, a policy should clearly prohibit student possession and self-administration of medical marijuana on campus.

SB 223 leaves open an ambiguity as to whether a parent or guardian may designate another individual to administer medical marijuana to their student. Under current state regulations, an individual designated to do so by the parent or legal guardian may administer medication to the student or assist the student in the administration of medication as allowed by law. A local education agency may establish rules governing the designation of an individual by a parent or legal guardian in order to ensure that: (1) the individual is clearly identified and willing to accept the designation; (2) the individual being designated is permitted to be present on the school site; (3) any limitations on the individual’s authority in his or her capacity as designee are clearly established; and (4) the individual’s service as a designee would not be inconsistent or in conflict with his or her employment responsibilities, if the individual being designated is employed by the local education agency. Therefore, policies adopted under SB 223 should address the extent to which parents or guardians may designate other individuals for administration of medical marijuana to their student.

A policy adopted by a governing board should also require that the medication be administered in the office of the school nurse or other private area designated for attending to student medical care. The policy can also specify that a parent or guardian will be allowed to administer medical cannabis only when it cannot be effectively administered before or after school. Parents and guardians should be advised that possession of any amount of cannabis on school grounds that is not reserved for medicinal administration to their student is unlawful.

As with any new law, governing boards should receive legal counsel when considering adoption of a policy pursuant to Jojo’s Act. The laws concerning marijuana and cannabis are continually evolving and require careful attention.

Frances Rogers is a partner with Liebert Cassidy Whitmore, one of the largest public employment firms in California. She represents and advises community college and school districts in areas involving student discipline, campus safety, Title IX, FERPA and more. She can be reached at frogers@Lcwlegal.com or 619-481-5905.

Kate S. Im is an associate in Liebert Cassidy Whitmore’s Los Angeles office, where she specializes in working with school districts in matters involving collective bargaining, public works contracts, student affairs and more. She can be reached at kim@lcwlegal.com or 310-981-2056.

How to tell legal from illegal cannabis dispensaries in California – Leafly

February 20, 2020

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A budtender prepares marijuana for a customer at MedMen, a legal cannabis shop in West Hollywood, CA. (AP Photo/Richard Vogel)

On January 1st, 2018, recreational cannabis became legal in the state of California, after over two decades of medical-only legalization. Over the next few months, some dispensaries would go from having cannabis out on the counter for people to smell and inspect to only having pre-packaged and sealed cannabis. Free deals for newcomers would vanish. Prices skyrocketed. And high taxes were added on top of that, adding up to over 40% in some counties.

But at other dispensaries, prices remain just as low as before. You can still inspect the buds up-close, probably see them weighed, and they’ll likely even give you a free joint just for discovering their shop. So if you’re a patron just looking for a place to get a price-conscious bag, it’d be an easy decision to choose between the two types of dispensaries in California—who picks expensive and uptight over reasonably priced and chilled-out?

However, if you were to choose that second shop, you’d be breaking the law—it’s an unlicensed illegal dispensary. So how are cannabis lovers in California supposed to know which is which? And, does it matter?

Related

Here’s why there are so few legal cannabis stores in Los Angeles

Legal compliance in the Wild West of cannabis

In California, the amount of unlicensed illegal cannabis dispensaries is estimated to be over 3 times higher than the amount of legal ones. Between a bureaucratic nightmare with licensing, including stunning fees, limited availability, and other issues, going legal in California isn’t easy or cheap. This has resulted in a state filled with dispensaries that were previously legal for medical patients but are now illegal.

Many people risked everything they had to start a legal business, but the cheap illegal competition has meant the ruin of their legal businesses.

Related

State Supreme Court Adds Another Obstacle to Legal California Cannabis

There are many other benefits in supporting legally compliant dispensaries. Adam Hijazi, owner of the legally compliant Long Beach Green Room, said, “When you buy legally, you’re getting a far better product. You’re getting better customer service, facilities with security, with cameras, and with guards.” He also noted that legal shops tend to offer more stable jobs that pay better, and that the immense taxes legal dispensary owners pay are invested into the community.

Another huge issue is testing for safety and content. Alex Traverso, Assistant Chief of Communications for the Bureau of Cannabis Control (BCC), shared with us that just two weeks ago they tested cartridges from 45 illegal shops—and a whopping 75% of them failed the vitamin E acetate tests, meaning they contain the commonly cited source of the vape crisis. Traverso commented, “I know I don’t want to be taking that chance.”

Related

Tainted vape pens selling 2-for-1 in illegal California stores

Luckily, there will be a quick way to know

Because many licensed dispensaries simply upgraded their old stores to become legally compliant, the differences between the two kinds of shops aren’t always apparent to customers.

Aiming to make the distinction as simple as knowing if a restaurant’s up to health code, the BCC created an emblem to be placed on legal cannabis business fronts. These emblems have a unique QR code that pulls up the licensing information of the business.

If you haven’t used a QR code with your smartphone before, it’s really easy: just pull up your camera, hold it over the QR code, and click the notification that appears on your screen. Industry personnel in delivery and distribution will be required to have one on their persons as well.

If there is no QR code, try checking CAPotCheck.com where you can search by location, license type, and other handy filters. There is also an LA-specific map here.

Since the early months of legalization, Leafly has listed only licensed businesses. Licenses can be found under a dispensary’s “Info” section.

Check out dispensaries on Leafly

In addition to the QR code emblems, there are also subtle ways of telling if a dispensary is legal, like asking about taxes and testing, or looking for visual cues. According to Traverso, “If you go into a shop and still see big bags and jars of cannabis on the shelves instead of individually packaged stuff, there’s a good chance that it’s not a legal shop.”

He added that it’s wise to know if a shop is legal before you get up to its door, or before leaving the house, if possible—once you’re already at the shop, it can be awkward and time-consuming to adjust the situation.

Related

Hidden in Plain Sight: California Illegal Cannabis Market Booming

Stay tuned and spread the word

Traverso says the QR emblems are becoming mandatory for all licensed businesses in coming months, and he expects no pushback. “The licensees that I’ve talked to want people to know that they are legit,” he said.

Speaking to the extensive compliance demands, Traverso said, “Everything they are doing is to be legit. They want to tell the public, ‘this is a shop that does everything by the book.’’’ He added that the QR emblems are really a badge of honor, a nod to all of the hard work these businesses have put into California’s fledgling industry.

The program has already started to roll out and should be completed within a few months. The legally compliant dispensary owner we talked with, Adam Hijazi, already has his emblem, telling us that the program is off to a good start.

Related

LA dispensary crime reports doubled since 2010, fueled by unlicensed stores

“I think it’s very helpful that these programs are coming up. Even though at first it’s going to be hard for them to recognize—of course it is, it’s the first time this is happening.”

Educating the public is never easy, and this is no exception to that rule. “Some patients or customers come in, notice it, and ask questions about [the QR emblems]—but really most of the time it’s us talking about it, so that way they can notice it,” Hijazi said. He says that this effort to educate the public is very much worth it, and that the California cannabis industry is worth it. “We gotta keep going at it. Insistence breaks the resistance.”

So, California readers, is your favorite dispensary legal

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Meg Hartley

Meg Hartley is an Alaska-grown cannabis writer and advocate who now lives and loves in Long Beach, California.

5 cannabis strains for people who love cherry – Leafly

All aboard! The cherry train of cherry strains has arrived. When it comes to choosing the right cannabis strain, we all know how important flavor is. If you don’t like the taste, you won’t enjoy the experience.

No matter the genetics, it seems that if cherry’s in the mix, those terpenes are going to shine the brightest. So if you champion taste over all and your taste buds want a fruity adventure, then this list of cherry cannabis strains should make your next shopping trip a little easier.

Cherry Pie

Cherry Pie is one of the first strains that overpowered me in my novice years of smokage. It sounds like a light treat, but this mix of Granddaddy Purple and Durban Poison is a straight up heater with out-of-this-world potency. In addition to its long-lasting high, Cherry Pie’s smell and flavors are captivating with sweet and sour cherry terps. Looking for relaxation? Euphoria? This is the one.

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Black Cherry Soda

Black Cherry Soda is such a delightful cannabis treat that you should definitely be smoking it right now, today. The flowers are so damn pretty with dark purple and reddish hues to them, complemented by the iiiiciest-looking trichomes.

With a name like “Black Cherry Soda” and deeply dark nugs, you’d expect this strain to be a couch-lock boi, but BCS’ high is pretty light on the body. If you want some cherry terps any time of day, grab some of this right here.

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Related

5 cannabis strains for people who love vanilla

Pie Face OG

Pie Face OG is some super duper fire. It came from crossing Cherry Pie with Face Off OG and the result gives us some pretty flowers bursting with sweet cherry and earthy hash flavors. The high is potent and euphoric and pairs great with a social outing with friends because your body is left feeling mentally engaged. Just like Black Cherry Soda, Pie Face OG is great for any time of day.

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Goji OG

Goji OG is a popular cannabis strain that you can find in most weed stores. It’s a sativa-dominant strain that was obviously named after goji berries for its sweet and fruity taste. This mix of Nepali OG and Snow Lotus has a variety of terpenes kicking out red berry, black cherry, strawberry, hawaiian punch, and licorice flavors. High-wise, Goji OG will have you in chill mode, so kick your shoes off after consuming this one.

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Related

5 cannabis strains for people who love strawberries

Cherry Cookies

GSC has touched every sector of the cannabis world, so it’s not surprising to see it in the cherry realm too. Cherry Cookies is a cross of Cookies (GSC) and Cherry Pie, so you already know it’s going to be potent, but that doesn’t lead to such a strong, relaxed feeling like other Cookies crosses. Instead, smoking this strain will hit you in the face and have you alert and engaged, so prepare your list of errands accordingly.

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Dante Jordan

Dante Jordan is an Associate Subject Matter Expert for Leafly, where he specializes in informational and lifestyle content pertaining to cannabis strains and products. He also manages the Leafly strain database.

Less than 2 weeks before Medical Cannabis Act implementation, Southern Utah senator proposes amendments – St George News

Girl stands in front of cannabis, date and location unspecified | Photo courtesy of Unsplash, St. George News

ST. GEORGE — With less than two weeks until the implementation of the Utah Medical Cannabis Act, a bill proposed by a Southern Utah senator making amendments to the act was passed unanimously Tuesday by the Senate Health and Human Services Committee and now moves on to the full Senate.

The proposed Medical Cannabis Amendments, designated SB121 in the 2020 Utah Legislature, contains more than 40 amendments and makes changes related to things such as dosage, packaging and internal possession. The chief sponsor of the bill, Cedar City Sen. Evan Vickers, said during the committee hearing Tuesday that the bill arose out of information gathered from various agencies and organizations.

“It’s still kind of a moving target,” Vickers said. “There’s still a few things we’re trying to refine. We’re still getting input from people.” he said. “This is not a simple bill. … It’s a complicated process.”

During the hearing, Vickers gave a summary of some of the changes made.

Under the proposed bill, the use of blister packs to package unprocessed cannabis flower would be removed in favor of using the industry-standard of opaque, child-proof plastic or glass containers. The containers would be sealed with a date, and 60 days after purchase, the product inside would become illegal.

“You don’t want someone to just continue to purchase flower and put it into the container and say that’s legal,” he said. “We’re trying to provide a secure option.”

Cardholders visiting from out-of-state would be able to purchase at a facility in Utah under the proposed bill, though this would only be temporary and subject to limitations.

Additionally, the bill provides for an increase in the number of medical cannabis recommendations a physician can provide. Under Utah law, a medical provider cannot prescribe medical marijuana but rather provide a recommendation in the form of an “affirmative defense” letter that a patient can show law enforcement if stopped with certain marijuana products.

However, there are varying opinions when it comes to how physicians feel about recommending cannabis to patients, which has caused something of a roadblock.

“Some physicians are anxious to be engaged, and others – quite frankly, many – are not,” Vickers said. “It doesn’t help when we have erroneous articles out there by certain organizations that say, ‘Well, physicians are going to be thrown in jail.’ That’s not true at all.”

Due to the divide in willing and unwilling physicians, figuring out the number of patients for whom a physician is allowed to recommend medical marijuana is important, Vickers said, especially in preventing a case where a few physicians are doing all the recommendations.

The proposed bill increases patient limitations from 175 to 275 for a general practitioner. For a specialist, the cap would be raised from 300 to 600.

People using CBD who test positive for trace amounts of THC – for example, when taking a drug test for employment – would be able to challenge the test results and be exonerated of any repercussions as long as they are not found to be illegally using or possessing cannabis.

People who were charged for cannabis-related convictions could also potentially request expungement of their record if this bill is enacted.

Dosing would also be left up to the individual needs as determined by the healthcare provider.

Upon receiving directions for usage – whether that comes directly from the physician, the pharmacist or a combination of the two – there will be directions specific to how to take it. The reason for this, Vickers said during the hearing, is that the use of cannabis as a medication calls for a flexible dosing scheme.

“It’s a little different than just saying, you know, when you have a blood pressure medication, it’s one tablet a day,” he said, “because of the nature of the kind of medication we’re dealing with.”

One major point of contention expressed during the public hearing had to do with the 60-day expiration limit.

James Rounds, a voter in the 4th Congressional District in northern Utah, said he found the 60-day requirement to be absurd, stating that he found it was based on an illogical fallacy, and that the felony charge is unduly harsh.

“What would you do with expired medication?” Rounds asked. “Cannabis doesn’t expire. It simply becomes not as good as it was when it was fresh.”

In terms of the felony charge, he said, “there is simply no reason to ruin a person’s life for 20 years for what would probably be a single gram of cannabis.”

Nathan Kizerian, a plaintiff in the Proposition 2 lawsuit, said that he and his wife, who was a medical cannabis patient, used cannabis illegally for 27 months while she fought stage 4 cancer.

“This 60 day thing, I could call it immoral, (but) I’m going to call it pure evil,” he said. “Why do we want to put terminally ill people in handcuffs?”

Another slippery issue has to do with driving-related crimes due to how the body metabolizes marijuana.

This bill, if enacted, would exempt people who hold a prescription for cannabis from being charged with a driving-related crime for testing positive for the cannabis metabolite unless they are found to be actively under the influence.

Because of how THC is stored in the body, inactive cannabis metabolite can linger in the body for weeks and show up in a drug test, which presents challenges to determining if someone was intoxicated while driving.

St. George Police Sgt. Mike Christensen told St. George News that no definitive changes have been made yet. Officers are treating traffic stops the same as they always have, which is through requesting blood draws for any suspected substance.

“There’s no medical marijuana card yet,” he said. “Right now we don’t know all the ins and outs of it because it hasn’t passed yet.”

Christensen said the main concern will be driving under the influence.

“But right now we haven’t come up with a one solution to effectively address it yet,” he said, “and I think we’re kind of just sitting back and doing things the way we’ve always done and waiting for that time to come.”

Christensen added that another challenge deals with human rights.

“The whole purpose in Utah allowing this is medicinal purposes. So we have to go into it with a very open mind,” he said. “The whole purpose of this is to help people. Officers in general need to remember that. Let’s not forget that we’re trying to help people here.”

With some of the amendments being time sensitive, Vickers said they are trying to get the bill all the way through legislation by March 1.

One of the critical components of the program has been in product testing. Andrew Rigby, director of the Medical Cannabis and Industrial Hemp program, said there is some risk with setting up a laboratory specifically for cannabis, and there’s not as much incentive for laboratory operations as there are for cultivation processing and pharmacies.

“We estimate anywhere from 1-2% of the population could be patients of the program. It’s not going to be a very large program,” he said, “and laboratories traditionally tend to make the least amount of profit.”

This bill proposes some space within the Legislature that allows the Department of Agriculture and Food to test the product until a laboratory is up and running, Rigby said, adding that as of now, the product is set to hit the shelf on March 2, the first business day after the implementation of the medical cannabis program.


For a complete list of contacts for Southern Utah representatives and senators, click here.

Check out all of St. George News’ coverage of the 2020 Utah Legislature here.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2020, all rights reserved.

Are cans draining THC potency from cannabis beverages? – Leafly

February 20, 2020

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The canna-beverage boom hasn’t happened yet, but with major beverage conglomerates betting big on infused drinks, Canadian consumers should expect to see the serious launch of a variety of THC- and CBD-infused soft drinks, juices, teas, and beer-and-wine clones begin soon and continue for the foreseeable future.

With multiple billion-dollar licensed parties about to launch beverage lines, the timing couldn’t be worse to discover the lining of aluminium cans may actually absorb the active cannabinoids in cannabis beverages, with the potential to reduce potency almost completely.

At issue in particular are cannabis beverages brewed using nanoemulsion technology, a widely promoted but sometimes controversial process of making cannabinoids both water soluble and faster-acting by breaking them down into smaller particles. Scientists theorize emulsified cannabinoid particles in a pressurized beverage can stick to the liner of commercial aluminium cans used to protect the can from rusting and the contents from taking on a metallic taste. The other reason the liner is in place, ironically, is to protect shelf-stability.

Related

6 new Canadian infused drinks

In the US, the product was first identified by brewer Lagunitas, who was brewing a line of cannabis beverages.

“The loss was horrible,” Harold Han told Yahoo Finance. The founder and Chief Science Officer of US nanoemulsion company Vertosa was present when Lagunitas tested its emulsions against its cans.

Tinley was another US cannabis beverage producer facing the same problem.

Their CEO Jeff Maser told Yahoo Finance, “When I say there is less cannabis, there is no cannabis left. It’s literally 97% absorption into the can after a few months. Guys are saying they solved that problem. Nobody really has.”

Related

Everything Canadians need to know about Legalization 2.0

The extent to which licensed parties hoping to debut cannabinoid-infused beverage products in the coming weeks and months were aware of the problem with can liners is unclear—particularly since no canned or bottled cannabis beverages (or really any, other than infused tea bags) have yet entered the Canadian legal market.

Marketing materials for Hexo and Molson Coors’ joint beverage venture Truss show products in Tetra-Pac packaging, while Fluent Beverage Company, Tilray’s joint venture with Budweiser parent Anheuser-Busch InBev has revealed none of its proposed packaging. THC BioMed’s still-unreleased beverage THC Kiss appears marketed in plastic bottles.

Canopy, meanwhile, mysteriously delayed the launch of its line of beverages in mid-January, but initial marketing materials show several Canopy beverage products were planned to be released in cans were planned to be released in cans. Canopy’s largest shareholder is Constellation Brands, whose many properties include Corona and Modelo beers, Svedka vodka, and Kim Crawford wines.

While LPs don’t want to fail on beverages, the presence of Fortune 500 beverage companies makes the game even more serious. All are looking to make up for declining beer sales whose slide cannabis legalization made have sped up, while in the case of Constellation, the company has invested $5-billion in Canopy and wants very much for its cannabis beverages to make a serious impact on the Canadian market. (In December, some analysts speculated Constellation would buy Canopy outright in part due to Canopy’s focus on making beverages central to its legalization 2.0 offerings.)

Beverages may face an uphill challenge, as in the US market they represent only a tiny shard of market share. Yet the US cannabis market has no comparable force to industry megaliths Constellation, Anheuser-Busch InBev, and Molson Coors.

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Jesse B. Staniforth is the editor of the free cannabis-industry
newsletter WeedWeek Canada. He also reports on Indigenous issues,
cybersecurity, and food safety.


CBD oil processor, hemp farmers splitting revenues in emerging market – Grand Forks Herald

Prairie Products LLC, a company in south Fargo, uses ethanol to extract the oil from hemp, which is related to marijuana but with many industrial uses.

It does not buy hemp but processes it for small-scale growers on a split-profit marketing deal not seen with the large-scale ag commodities typical of Upper Midwest farms.

Mackenzie Kouba removes ethanol from a collection tank to recirculate through the process at Prairie Products, a new North Dakota player in the CBD oil processing business. Photo taken Feb. 3, in south Fargo. Mikkel Pates / Forum News Service

Mackenzie Kouba removes ethanol from a collection tank to recirculate through the process at Prairie Products, a new North Dakota player in the CBD oil processing business. Photo taken Feb. 3, in south Fargo. Mikkel Pates / Forum News Service

The company started acquiring processing equipment about a year ago.The 6,000-square feet of space it leases includes office, biomass processing and loading facilities.

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Initially, Prairie Products bought hemp biomass from Oregon to get the plant started in June 2019. Last fall, they started seeking hemp locally and brought in their first batches in January.

All told, the company has gone through about 10,000 pounds of hemp biomass — the equivalent of about 10 acres.

Tom Kading, the company’s chief financial officer and chief operating officer, says most farmers of hemp for CBD oil are growing fewer than 5 acres of the crop.

The company doesn’t buy hemp for food or fiber markets, but it is retaining most of its fiber byproducts and is looking for feed or other market applications.

Veronica Michael, the company’s chief executive officer and director of sales and marketing, and Kading say the hemp market initially gained viability after the 2014 Farm Bill, which allowed growing hemp for the seed market.

Things opened up further in December 2018 when the new federal farm bill passed, allowing all 50 states the opportunity to go into the hemp farming and CBD processing if they chose to allow it.

In August 2019, the price of CBD oil declined sharply, in part because a rush of new processors coming online, Michael says.

Another company, 1881 Extracting, is building a plant near Hillsboro, N.D., using a carbon dioxide processing method. Farmers say a third company handled 2019 crop at a Fergus Falls, Minn., plant. Prairie Products officials say there may be a dozen or so processors in the Minneapolis area.

Riley Esser of Perham, Minn., cut his CBD hemp crop with a chainsaw and then hung the branches in a shed. He is selling much of the 2019 crop to Prairie Products LLC, in Fargo, on a “split contract,” meaning, he gets a share of the crude oil the company markets. Photo taken in October 2019, near Perham, Minn. Photo courtesy Riley Esser

Riley Esser of Perham, Minn., cut his CBD hemp crop with a chainsaw and then hung the branches in a shed. He is selling much of the 2019 crop to Prairie Products LLC, in Fargo, on a “split contract,” meaning, he gets a share of the crude oil the company markets. Photo taken in October 2019, near Perham, Minn. Photo courtesy Riley Esser

There is a process even before farmers begin to harvest their hemp crop.

Fifteen days before harvest — roughly in mid-September — state inspectors go to the farm to verify that it is “compliant” with potency restrictions. The hemp must be less than 0.3% THC — a tiny fraction of the high-inducing agent found in marijuana.

Before they bring raw biomass into the plant, Prairie Products requires the farmers to send tests to a third party testing lab. Once it qualifies and is brought in, Prairie Products then sends samples to Adams Independent Testing of Fargo to verify check for CBD and THC potencies as well as testing for unwanted metals, pesticides, moisture and molds.

Farmers with large acres are known to use combines, but most harvest by hand for CBD oil, with chainsaws, machetes or weed whips. Farmers often bring the cut stalk into a barn, hang them and air-dry them to about 10% moisture, sometimes with the aid of a dehumidifier. The 2019 harvest was difficult, including post-harvest.

After it’s dried, farmers “shuck” it — cutting small branches off and either place it into a “super sack,” a breathable bag of about 500 pounds. Finally, farmers are responsible for getting the plants to the factory, where it is processed.

Then the farmer has two options.

“We just either give (farmers) that option to either take their oil back or when we market our material we sell it (for them),” Kading says. “I would say nine out of 10 times, this will be the case.”

Under the “split” contract, Prairie Products seeks hemp with CBD content of 10% or greater. after it is harvested and dried. The processor and farmer split the CBD crude oil product based on potency of the biomass — often a 50-50 ratio, with a bigger proportion for the farmer if the CBD potency is higher.

“We’re not promising a check at the end of the season,” Kading says. “We’re saying, ‘We don’t know what the market will be. We’ll process it and bring it to the crude market.”

When Prairie Products markets CBD oil for the farmer, their commitment simply is to “sell it as quick as we can,” Kading says.

The company has sold some to local product retail makers, but largely they’ve been waiting for prices to rise.

The company’s crude CBD is sent to other processors to turn into retail products.

The industry could benefit from better quality grading as it goes forward, Michael says. Michael finds hemp prices on the Physical Commodity Exchange, or “PanExchange” website, among others.

Michael says the industry is awaiting the U.S. Food and Drug Administration to come out with clearer regulations, which are expected to be released between March and July. After that, Michael thinks prices might strengthen in the third quarter of 2020.

Riley Esser, a residential plumber and hobby farmer from Perham, Minn., grew 2 acres of hemp in 2019. He started the plants in a greenhouse. He stands amid plants in July, and the plants grew to about 7 feet tall when he harvested them in October. Photo courtesy Riley Esser

Riley Esser, a residential plumber and hobby farmer from Perham, Minn., grew 2 acres of hemp in 2019. He started the plants in a greenhouse. He stands amid plants in July, and the plants grew to about 7 feet tall when he harvested them in October. Photo courtesy Riley Esser

One of the farmers that Prairie Products markets for is Riley Esser, a residential plumber and hobby farmer from Perham, Minn., who raised 2 acres of hemp in 2019. He says he is happy with the split contract and has high hopes for Prairie Products and its competitors.

“I think it’s really exciting and I think the United States has been out of the hemp game for way too long,” he says.

At Prairie Products, workers put the hemp biomass into an 8-gallon vessel of 190-proof, denatured alcohol. They soak it 15 minutes to 25 minutes. This dissolves the oils. (The processing facility typically has fewer than 120 gallons of ethanol on hand.)

Later, they evaporate the ethanol off for reuse, a first stage of distillation that leaves the final plant oil separate. They use a “decarboxylation” process to convert it to the CBD form, and wring the last of CBD out with a screw press.

The ethanol product is recycled in the process about nine times before it is exhausted.

About 35% of the CBD market is in tinctures — a mix of a CBD with another carrier oil, such coconut oils. The consumer might use a small bottle and administer drops to the mouth.

A second market is for spray-dry products or gelatin capsules. A third product is topicals, which are lotions or products to rub on the neck for some healing effect.

Prairie Products was established under another name in 2013 and reorganized in October 2017 and aimed its energy at the CBD oil from hemp.

Company officials come from the Red River Valley area, but with varying backgrounds:

David Holand, the registered agent for the company, is a Lisbon, N.D., native, and a Fargo real estate and agricultural businessman. In 2013, Holand started organizing the investors.

Veronica Michael, 47, is the company’s chief executive officer and director of sales and marketing. She is originally from Climax, Minn., and holds an English degree from Minnesota State University Moorhead. After studying couple and family therapy at North Dakota State University, she spent 15 years in enrollment management at NDSU and MSUM.

Tom Kading, 32, is the chief financial officer and chief operating officer. A native of Parkers Prairie, Minn., Kading earned a civil engineering degree at NDSU in 2010 and then a master’s in business administration and a law degree from the University of North Dakota in 2013. In 2012, he co-founded Precision Angels, a firm that purchased and renovated residences in Arizona, Florida and North Dakota. Kading later worked as CFO for Precision Venture, a company that raised capital for real estate and technology enterprises.

In 2013, Kading became an investor in Prairie Products and in November 2018 was named CFO.

Kevin Soiseth, 56, of Fargo is the director of quality, also an investor. Soiseth holds undergraduate and graduate degree in microbiology and worked in the pharmaceutical and food industry for 35 years and maintains a full-time director of quality at Swanson Health Products, a Fargo company that makes vitamins and supplements. Soiseth says one of the issues of quality control is that CBD oil is largely “unregulated.”

Shareholders: Michael says there are more than 20 shareholders — half Red River Valley area farmers and the rest medical professionals.

Because of the risk in an emerging market, the company raised funds from “qualified” investors, meaning they needed to have a net worth of more than $1 million and annual income exceeding $250,000.

The company sold about half of its allowed 10,000 equity shares. Investors had to put in a minimum $32,000 for a single share. Michael says the company is no longer actively promoting equity shares but has applied to the North Dakota Development Fund through the North Dakota Commerce Department. They are also applying for an Agricultural Products and Utilization Commission grant with an aim toward taking some of their crude oil to a distillate product.

CBD oil processor, hemp farmers splitting revenues in emerging market – The Daily Republic

Prairie Products LLC, a company in south Fargo, uses ethanol to extract the oil from hemp, which is related to marijuana but with many industrial uses.

It does not buy hemp but processes it for small-scale growers on a split-profit marketing deal not seen with the large-scale ag commodities typical of Upper Midwest farms.

Mackenzie Kouba removes ethanol from a collection tank to recirculate through the process at Prairie Products, a new North Dakota player in the CBD oil processing business. Photo taken Feb. 3, in south Fargo. Mikkel Pates / Forum News Service

Mackenzie Kouba removes ethanol from a collection tank to recirculate through the process at Prairie Products, a new North Dakota player in the CBD oil processing business. Photo taken Feb. 3, in south Fargo. Mikkel Pates / Forum News Service

The company started acquiring processing equipment about a year ago.The 6,000-square feet of space it leases includes office, biomass processing and loading facilities.

Initially, Prairie Products bought hemp biomass from Oregon to get the plant started in June 2019. Last fall, they started seeking hemp locally and brought in their first batches in January.

All told, the company has gone through about 10,000 pounds of hemp biomass — the equivalent of about 10 acres.

Tom Kading, the company’s chief financial officer and chief operating officer, says most farmers of hemp for CBD oil are growing fewer than 5 acres of the crop.

The company doesn’t buy hemp for food or fiber markets, but it is retaining most of its fiber byproducts and is looking for feed or other market applications.

Veronica Michael, the company’s chief executive officer and director of sales and marketing, and Kading say the hemp market initially gained viability after the 2014 Farm Bill, which allowed growing hemp for the seed market.

Things opened up further in December 2018 when the new federal farm bill passed, allowing all 50 states the opportunity to go into the hemp farming and CBD processing if they chose to allow it.

In August 2019, the price of CBD oil declined sharply, in part because a rush of new processors coming online, Michael says.

Another company, 1881 Extracting, is building a plant near Hillsboro, N.D., using a carbon dioxide processing method. Farmers say a third company handled 2019 crop at a Fergus Falls, Minn., plant. Prairie Products officials say there may be a dozen or so processors in the Minneapolis area.

Riley Esser of Perham, Minn., cut his CBD hemp crop with a chainsaw and then hung the branches in a shed. He is selling much of the 2019 crop to Prairie Products LLC, in Fargo, on a “split contract,” meaning, he gets a share of the crude oil the company markets. Photo taken in October 2019, near Perham, Minn. Photo courtesy Riley Esser

Riley Esser of Perham, Minn., cut his CBD hemp crop with a chainsaw and then hung the branches in a shed. He is selling much of the 2019 crop to Prairie Products LLC, in Fargo, on a “split contract,” meaning, he gets a share of the crude oil the company markets. Photo taken in October 2019, near Perham, Minn. Photo courtesy Riley Esser

There is a process even before farmers begin to harvest their hemp crop.

Fifteen days before harvest — roughly in mid-September — state inspectors go to the farm to verify that it is “compliant” with potency restrictions. The hemp must be less than 0.3% THC — a tiny fraction of the high-inducing agent found in marijuana.

Before they bring raw biomass into the plant, Prairie Products requires the farmers to send tests to a third party testing lab. Once it qualifies and is brought in, Prairie Products then sends samples to Adams Independent Testing of Fargo to verify check for CBD and THC potencies as well as testing for unwanted metals, pesticides, moisture and molds.

Farmers with large acres are known to use combines, but most harvest by hand for CBD oil, with chainsaws, machetes or weed whips. Farmers often bring the cut stalk into a barn, hang them and air-dry them to about 10% moisture, sometimes with the aid of a dehumidifier. The 2019 harvest was difficult, including post-harvest.

After it’s dried, farmers “shuck” it — cutting small branches off and either place it into a “super sack,” a breathable bag of about 500 pounds. Finally, farmers are responsible for getting the plants to the factory, where it is processed.

Then the farmer has two options.

“We just either give (farmers) that option to either take their oil back or when we market our material we sell it (for them),” Kading says. “I would say nine out of 10 times, this will be the case.”

Under the “split” contract, Prairie Products seeks hemp with CBD content of 10% or greater. after it is harvested and dried. The processor and farmer split the CBD crude oil product based on potency of the biomass — often a 50-50 ratio, with a bigger proportion for the farmer if the CBD potency is higher.

“We’re not promising a check at the end of the season,” Kading says. “We’re saying, ‘We don’t know what the market will be. We’ll process it and bring it to the crude market.”

When Prairie Products markets CBD oil for the farmer, their commitment simply is to “sell it as quick as we can,” Kading says.

The company has sold some to local product retail makers, but largely they’ve been waiting for prices to rise.

The company’s crude CBD is sent to other processors to turn into retail products.

The industry could benefit from better quality grading as it goes forward, Michael says. Michael finds hemp prices on the Physical Commodity Exchange, or “PanExchange” website, among others.

Michael says the industry is awaiting the U.S. Food and Drug Administration to come out with clearer regulations, which are expected to be released between March and July. After that, Michael thinks prices might strengthen in the third quarter of 2020.

Riley Esser, a residential plumber and hobby farmer from Perham, Minn., grew 2 acres of hemp in 2019. He started the plants in a greenhouse. He stands amid plants in July, and the plants grew to about 7 feet tall when he harvested them in October. Photo courtesy Riley Esser

Riley Esser, a residential plumber and hobby farmer from Perham, Minn., grew 2 acres of hemp in 2019. He started the plants in a greenhouse. He stands amid plants in July, and the plants grew to about 7 feet tall when he harvested them in October. Photo courtesy Riley Esser

One of the farmers that Prairie Products markets for is Riley Esser, a residential plumber and hobby farmer from Perham, Minn., who raised 2 acres of hemp in 2019. He says he is happy with the split contract and has high hopes for Prairie Products and its competitors.

“I think it’s really exciting and I think the United States has been out of the hemp game for way too long,” he says.

At Prairie Products, workers put the hemp biomass into an 8-gallon vessel of 190-proof, denatured alcohol. They soak it 15 minutes to 25 minutes. This dissolves the oils. (The processing facility typically has fewer than 120 gallons of ethanol on hand.)

Later, they evaporate the ethanol off for reuse, a first stage of distillation that leaves the final plant oil separate. They use a “decarboxylation” process to convert it to the CBD form, and wring the last of CBD out with a screw press.

The ethanol product is recycled in the process about nine times before it is exhausted.

About 35% of the CBD market is in tinctures — a mix of a CBD with another carrier oil, such coconut oils. The consumer might use a small bottle and administer drops to the mouth.

A second market is for spray-dry products or gelatin capsules. A third product is topicals, which are lotions or products to rub on the neck for some healing effect.

Prairie Products was established under another name in 2013 and reorganized in October 2017 and aimed its energy at the CBD oil from hemp.

Company officials come from the Red River Valley area, but with varying backgrounds:

David Holand, the registered agent for the company, is a Lisbon, N.D., native, and a Fargo real estate and agricultural businessman. In 2013, Holand started organizing the investors.

Veronica Michael, 47, is the company’s chief executive officer and director of sales and marketing. She is originally from Climax, Minn., and holds an English degree from Minnesota State University Moorhead. After studying couple and family therapy at North Dakota State University, she spent 15 years in enrollment management at NDSU and MSUM.

Tom Kading, 32, is the chief financial officer and chief operating officer. A native of Parkers Prairie, Minn., Kading earned a civil engineering degree at NDSU in 2010 and then a master’s in business administration and a law degree from the University of North Dakota in 2013. In 2012, he co-founded Precision Angels, a firm that purchased and renovated residences in Arizona, Florida and North Dakota. Kading later worked as CFO for Precision Venture, a company that raised capital for real estate and technology enterprises.

In 2013, Kading became an investor in Prairie Products and in November 2018 was named CFO.

Kevin Soiseth, 56, of Fargo is the director of quality, also an investor. Soiseth holds undergraduate and graduate degree in microbiology and worked in the pharmaceutical and food industry for 35 years and maintains a full-time director of quality at Swanson Health Products, a Fargo company that makes vitamins and supplements. Soiseth says one of the issues of quality control is that CBD oil is largely “unregulated.”

Shareholders: Michael says there are more than 20 shareholders — half Red River Valley area farmers and the rest medical professionals.

Because of the risk in an emerging market, the company raised funds from “qualified” investors, meaning they needed to have a net worth of more than $1 million and annual income exceeding $250,000.

The company sold about half of its allowed 10,000 equity shares. Investors had to put in a minimum $32,000 for a single share. Michael says the company is no longer actively promoting equity shares but has applied to the North Dakota Development Fund through the North Dakota Commerce Department. They are also applying for an Agricultural Products and Utilization Commission grant with an aim toward taking some of their crude oil to a distillate product.