Researchers reported that just in the last year, some 3.7 percent of Americans older than 65 used marijuana, compared to 0.3 percent that had reported doing so a decade ago. Study authors combed data from the National Survey of Drug Use and Health to reach their conclusions, which included finding higher rates of use among adults between 60 and 64 (9.4 percent, compared to 1.9 percent back in 2007).

Medical cannabis lawyers in California fully believe that as more states approve access to the drug for health woes and recreational use (33 and 11, respectively), this tend of pot-friendly baby boomers is likely to continue trending upward – especially as the body of research showing pot’s full medicinal potential expands.

Seniors and Sativa: What the Science Says

The research on marijuana as a treatment for the ailments of aging is thin, primarily because the classification of marijuana as a Schedule I narcotic per the U.S. Controlled Substances Act has severely limited peer-reviewed research. Researchers are still significantly restricted in terms of clinical analysis, but as the drug becomes more widely available to test in laboratories and in general population data sets, the more we’re learning.

Some of the potential benefits to elderly populations include:

Alzheimer’s Disease Treatment. A 2014 study published in the The Journal of Alzheimer’s Disease revealed potential therapeutic effects of tetrohydrocannabidol (THC, the psychoactive agent in marijuana strains like Sativa and Indica) for patients with Alzheimer’s. Researchers reached this conclusion not by studying actual people, but in a lab, introducing certain components of THC extracts to proteins that build up in the brain that are the leading indicator of Alzheimer’s disease. They discovered THC was successful in helping slow the rapid advancement of those proteins, which offers real hope that THC might offer real relief to the aging patients suffering.

General Pain Treatment. Virtually all who are aging report some degree of physical aches and pains in their golden years, including those from joint pain from arthritis, nerve damage and chronic illness. There’s strong evidence medical marijuana could offer relief – including through methods like creams and lotions that offer topical relief. That’s what researchers with the University of California, San Diego’s Department of Psychiatry found. And this could be key because despite comprising 15 percent of the population, those over 65 consume one-third of all prescription drugs, which are known to have a myriad of dangerous side effects and hazards.

Anxiety/Depression/Mental Health. Research has established a strong causal connection between cannabidinol (CBD), a primary extract of cannabis, and effectiveness in treating depression, anxiety, addiction and other mental health disorders – for which seniors are at higher risk compared to the general population. Analysis by researchers at Harvard’s health department found CBD could help stimulate the brain’s seratonin receptors, possibly more effectively than drugs like Zoloft, and with less risk of addiction/dangerous side effects than other prescription drugs.

Seniors Report Biggest Problem: Access

The Colorado study was conducted in a state that allows both medicinal and recreational use of cannabis. Despite this, a significant percentage of seniors surveyed said they had trouble accessing medical marijuana. Some even said they were afraid to discuss marijuana as an option with their doctor, fearing the stigma. Instead, many opted to purchase the drug from recreational dispensaries. Although there is nothing wrong with this, cannabis lawyers know older individuals won’t get the kind of counseling and follow-up from a recreational marijuana dispensary as they would a doctor. This is a major reason our longtime cannabis rights attorneys fight for the rights of all Californians to have access by addressing local restrictions on cannabis delivery services and brick-and-mortar dispensaries. The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Bingo and bongs: More seniors seek marijuana for age-related aches, March 25, 2019, By John Rogers, Associated Press

numbers as a result of the blossoming cannabis economy. According to The Denver Post, Denver’s dispensaries recorded $587 million in sales in 2017, a record high, with sales continuing to rise into 2018. This was an increase of 16 percent over 2016. Sales throughout the state totaled $150.8 billion during the same time period, a 15 percent increase over 2016.

When broken down by recreational and medical marijuana, both the city of Denver and Colorado as a whole actually saw a decrease in medical cannabis sales, but the increase in recreational sales made up for the losses and then some. In Denver, medical sales dropped from $212 million to $206.4 million, while recreational retail sales spiked from $291.5 million to $377.5 million. Statewide, medical sales were $445 million in 2016 and $416.5 million in 2017, while recreational sales jumped from $861.6 million to $1.09 billion. When examined by location, while sales in Denver continue to climb, other regions in the state are starting to take a bigger percentage of the overall pie, which good news for those who live outside the big city.It is of no surprise to our experienced L.A. marijuana business attorneys that medical sales would lose ground to retail sales over time. Some people were using the medical marketplace for years to supplement their interest in marijuana for recreational purposes. Others find the process of obtaining a medical marijuana card and paying for doctor’s visits and fees to be cumbersome, especially when the federal classification of marijuana as a Schedule I narcotic prevents insurance companies from covering cannabis-based medications. Therefore they seek similar products from retail dispensaries instead that don’t require a doctor’s recommendation.

The one surprise, perhaps, is that the drop-off in medical sales in favor of recreational sales came several years after the January 2014 starting date of legal adult-use cannabis in the state. This data is valuable to California businesses who might also be examining the possibility of transitioning their focus from medical to recreational.

The taxes collected from the impressive revenue generated by the marijuana marketplace in the state make it self-sustaining, though it should be noted that marijuana taxes only make up 3.5 percent of the city’s general fund. Denver uses the tax revenue to pay for cannabis regulations, law enforcement, and drug abuse prevention programs. After those necessities are funded, the surplus is used for city maintenance, increased affordable housing, and programs that target the opioid crisis. Not only is cannabis helping to fund opioid intervention programs, but many are finding that consuming cannabis is a safer alternative to addictive opioids for pain relief, making this a win-win situation. Crime related to marijuana remains low, with only 1 percent of crimes across the state being connected to cannabis.

Californians are facing some rocky patches in the first year of recreational marijuana legalization. Regulations are driving up prices and causing product shortages, which are driving customers back to the black market. If the Colorado model is evidence, though, these wrinkles can successfully iron themselves out over time. While California has long been a trailblazer for the marijuana industry, state officials can learn a lot from Colorado’s example. The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

The Denver Collaborative Approach: Leading the Way in Municipal Marijuana Management, City of Denver, 2018 Annual Report

More Blog Entries:

Report: Marijuana Legalization in Colorado Making Pot Cheaper for Consumers, Feb. 4, 2017, Cannabis Law Group

cannabis. But in addition to fighting for your rights on the legal front, our experienced lawyers know there is another fight that must be won: the battle of public perception.

Nowhere is that struggle better illustrated than in Texas, where a college baseball coach blew off an athlete interested in attending the school over the issue of marijuana. You might be wondering what the connection is. Did the student fail a drug test? Did he have a criminal record involving marijuana? Had he been penalized by his high school for coming to school under the influence?

All of these would be excellent guesses. But the answer to all three is “no.” According to an email to the athlete, which has since gone viral, it appears the coach deemed the student guilty by association of the entire state of Colorado, according to a report from The Washington Post.

The email claimed the school was not considering students from Colorado because in the past, recruits from the state had difficulty passing the drug test. “We have made a decision not to take a chance on student-athletes from your state. You can thank your liberal politicians,” the message went on to say.

This of course is a gross misrepresentation of the Colorado cannabis laws. Amendment 64 was adopted by the voters of Colorado, not liberal politicians, as part of a ballot initiative in 2012. In fact, Colorado Sens. Cory Gardner (R) and Michael Bennet (D) are putting party aside and leading a bipartisan group of senators to protect state marijuana laws at the federal level, according to The Cannabist. The amendment also outlines that marijuana use is only for adults 21 years of age or older, meaning it would not be legal for most students applying to college to use the drug.

While our Orange County marijuana legalization lawyers think marijuana use is hardly of concern to athletic programs, we understand why a coach would have to follow the rules of their college and state when considering athletes, especially if they were using the drug underage illegally. But to turn them away without so much as a drug test simply because they live in a state that understands the medical and economic benefits of cannabis is not only absurd … it is abhorrent.

Luckily, the college, which is a member of the National Association of Intercollegiate Athletes, agreed. The coach of 16 years was fired. The school president cited the “discriminatory remarks” from the email to the Colorado recruit as well as another issue relating to an NAIA violation (which he did not elaborate on) as the cause of the termination.

We applaud the school for taking quick and decisive action against the coach. But we also know this incident is a reflection of some dark remnants of the shady “War on Drugs” that has had its grip on this country for far too long. If you have faced this kind of discrimination over California’s marijuana laws, our trusted attorneys are here to help guide you to the best solution for your case.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

Texas College Fires Baseball Coach Who Just Said No to Colorado Recruit Over States Marijuana Laws, March 1, 201, By Matt Bonesteel, The Washington Post

More Blog Entries:

Former College Athlete Urges NCAA to Remove Pot from Banned Substance List, Sept. 23, 2016, By Marijuana Legalization Lawyers Blog

cannabis businesses through the Adult Use of Marijuana Act, which went into effect Jan. 1, 2018.

But just because a state has legalized cannabis does not mean there is a marijuana free-for-all with no rules or consequences.

For example, Colorado voters passed Amendment 64 in 2012, allowing for personal recreational use of marijuana for adults over 21. Sales began in the state in 2014. But recently 26 legal cannabis businesses were shut down by authorities in Denver.

All of the operations were either store fronts or growing facilities operating under the Sweet Leaf name. While the operations were licensed and legal, they had been under investigation for the past year on suspicion the businesses were exceeding individual sales limits set by the state. Colorado regulations restrict possession to one ounce or less of marijuana per adult.

Police said they were monitoring eight of the 26 sites for the past year. The investigation culminated in a raid of the targeted locations and suspension of all related operations in the state under the same name. The company owns one location in Oregon which was not affected by the raid.

Authorities arrested 12 people in connection with the case. During the ordered shut down, the businesses will not be allowed to sell or produce any cannabis products. In the meantime, the investigation is ongoing and the city scheduled public hearings until the matter is sorted out.

This is the first time Colorado marijuana businesses have been raided since legalization, according to a report from the Associated Press. The state, including Governor John Hickenlooper, has been vocal about protecting its cannabis industry from federal meddling. Attorney General Jeff Sessions has made it no secret that he does not approve of state cannabis legalization, and wants to uphold marijuana’s standing as a Schedule I narcotic on the Controlled Substances Act, 21 U.S.C.

However, such protections do not extend to businesses who are suspected of violating the state and local regulations.

This is where the guidance of our Orange County attorneys for cannabis businesses comes into play. Our lawyers have years of experience helping set up collectives and create business plans that will not only be successful, but also keep you in compliance with the state and local laws. And should you find yourself charged with violating one of those laws, our criminal defense team is by your side with a comprehensive understanding of the industry and how to best defend out clients.

This story out of Colorado should be a cautionary tale to commercial marijuana businesses currently setting up shop or turning in license applications in California, as well as businesses in other states that are already established. An owner’s work isn’t over once they meet the guidelines to begin operations. It is essential to know the law and ardently follow those laws to keep your business above board. It may be tempting to cut corners to secure higher profits, but such actions can be much more costly in the end.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

Denver Shuts Down 26 Legal Pot Businesses, Makes Arrests, Dec. 14, 2017, By Kathleen Foody, Associated Press

More Blog Entries:

Report: Colorado Marijuana Laws May Not Be Safe, Feb. 5, 2017, Cannabis Business Attorney Blog

The Public Information Campaign State Public Health Officer Dr. Karen Smith reports to the Los Angeles Times that the goal of this campaign – largely centered around the Department’s “Let’s Talk Cannabis” website – is to provide Californians with scientific evidence in order to ensure safe and informed decisions are made about marijuana use. For example: one major focus of the campaign is to highlight the fact that marijuana use is illegal for persons under twenty-one years of age. The campaign supplements this simple legal fact with the scientific reasons for its existence: namely, marijuana use in the late teens and early twenties can lead to physical changes in the brain, which are found less frequently in older users. The campaign also warns that edible cannabis products often have a higher concentration of THC than other forms of cannabis, which can make users more susceptible to poisoning. In fact, California legislators are so concerned about accidental poisoning from edible cannabis products that a bill has been introduced to prohibit sales of edible cannabis products in the shape of a person, animal, insect or fruit. This bill is aimed at preventing children from ingesting cannabis products which look like candy. This proposal comes after scientific evidence from the Journal of the American Medical Association found that cases of a child being accidentally poisoned by edible cannabis products in one Colorado healthcare facility increased more than five times between 2009 (before legalization) and 2015 (after legalization). While these cases were only reported from one hospital facility, the entire state saw a greater increase in unintentional exposure cases than the rest of the country. For these reasons, the Department recommends that users keep marijuana securely out of reach of children or pets. One slightly more controversial aspect of the campaign is its focus on the risks to pregnant women. The Department advises women not to use cannabis for nausea, or if they are even thinking about becoming pregnant. One activist told the Los Angeles Times that the statements of risks to pregnant women “somewhat overstated”. Women who are pregnant or thinking of becoming pregnant should research these risks and carefully review the findings with their obstetricians. Seek a second opinion as necessary. Of course, there are other risks to marijuana use as well, and users should not ignore them. Impaired driving is not only highly dangerous, but it can also lead to a costly – and time consuming – DUI charge. California, like other states, has not set a legal blood limit for marijuana at which impairment may be inferred. This is because – unlike alcohol – scientists have not yet been able to determine a set, definite blood level which applies broadly to humans. For marijuana users, this means that a DUI can be prosecuted at the discretion of an officer or district attorney, regardless of the results of a blood test. It is always better to err on the side of caution when deciding whether or not to drive. An experienced Orange County DUI-marijuana defense lawyer can help protect your rights throughout the process of any criminal charges. The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: California is trying to educate people about marijuana before recreational sales start, September 27, 2017 by Patrick McGreevey, the Los Angeles Times More Blog Entries: Increase in Accidental Marijuana Poisonings Lead California to Propose Bans on Edible Candies, September 25, 2017, by Cannabis Law Group

This precedent-setting ruling, which overturned the Colorado Court of Appeals, has the potential to influence sister courts in other states, and in the event there is conflict, the possibility that it will require input from the U.S. Supreme Court. The state-level appellate court had held that police officers were required to return marijuana to defendants who won their court cases alleging illegal possession.

But now, the Colorado Supreme Court justices say that to do so would require police to become complicit in violating the Controlled Substances Act.

Three of Colorado’s justices dissenting, arguing the federal Controlled Substances Act in this instance in effect immunizes the federal government and state officials from civil and criminal liability with regard to these circumstances. However, the majority concluded that the state’s medical marijuana law doesn’t shield officers from unlawful acts under federal statute. The state high court held that the “return provision” of the amendment in Colorado is pre-empted by federal law and thus rendered void.

The underlying case involves a criminal charge stemming from a 2011 marijuana arrest in Colorado Springs of a man accused of growing and possessing marijuana. In the course of the investigation, authorities seized drug paraphernalia, as well as 55 cannabis plants and nearly 3 kilos of the drug from defendant’s home. Defendant was charged with a felony for growing more than 30 marijuana plants.

The case went to trial, where defendant was acquitted after he was able to show he was a registered medical marijuana patient who was authorized by the state to both grow and possess the drug legally.

After the trial, defendant requested that the district court ask police to return the marijuana plants that were seized in conformance with the portion of the state law that indicates upon acquittal, any marijuana seized in connection with the case should be “returned immediately.”

Police initially refused, although later, did actually return it. Still, this case pressed forward because prosecutors did not want to concede that this was something police agencies should be forced to do in the future. An attorney for the former defendant said that while he disagrees with the state supreme court’s ruling, it doesn’t directly impact his client.

The district attorney insisted that pressing forward with this case was important because there was “a real conflict in the law,” which concerned law enforcement officers. They didn’t want to get caught up in a situation where they would be forced to violate federal statutes.

There is concern that this is going to set a precedent for the 20 other states that now allow legalized marijuana in some form, whether medicinal or recreational. The underlying point is that federal law is going to take precedent where it conflicts with state law.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Cops can’t be forced to return marijuana in failed drug cases, Colorado Supreme Court says, Jan. 23, 2017, By Alicia Wallace, The Colorado Supreme Court

More Blog Entries:

SB 65 Would Ban Marijuana Use While Driving, Jan. 28, 2017, Colorado Marijuana Lawyer Blog

That may soon change in Denver.

Back in November, Denver became the first city in the country to allow people to use marijuana at certain restaurants and other venues that want to allow it. That was Proposition 300, and it was approved at the same time eight other states – including California – passed laws to legalize marijuana for either recreational or medicinal purposes. The city measure allows bars and restaurants to apply to allow marijuana to be used by their patrons – so long as the drug isn’t smoked, although there could be some cases in which outside smoking areas could be designated.

Now, the city is working on implementing that provision, and it appears it will extend to places like yoga studios, art galleries and coffee shops. The law doesn’t offer up any guidelines for how marijuana can be consumed other than it can’t be smoked indoors and patrons have to be at least 21-years-old. Additionally, the state’s liquor control board has forbidden any company that has a liquor license from allowing patrons to use marijuana. That means bars would be excluded, as would restaurants that serve alcohol. WYFF4 reported a group of stakeholders – marijuana business owners, city regulators and opponents of legalized marijuana – are all meeting to begin hammering out suggestions of what this new law is going to look like.

There isn’t any deadline for when this new provision has to be implemented.

Proponents of the measure say it’s an important victory not just because it grants people the opportunity to use the drug socially, but because it carves out a respite for those who may have other restrictions and can’t use the drug at their residence. For example, many landlord policies prohibit smoking on their properties. Additionally, marijuana use and possession may be very problematic for those living in public housing. Because the drug is still illegal under federal law, users on those sites could risk jeopardizing their housing.

The only other state that allows any form of public consumption of marijuana is Alaska. But even there, public use of marijuana is limited to cannabis dispensaries.

Meanwhile in California, Proposition 64 gave California’s the right to possess and grow marijuana immediately, but users don’t have the right to light up wherever they please. The ballot measure specifically forbid smoking marijuana in public places – unless it is allowed by local ordinance. So far, no California cities have moved to open that door. On top of that, marijuana can’t be smoked in a place where smoking tobacco is already outlawed. That means no smoking in theaters or restaurants. Additionally, smoking marijuana within 1,000 feet of a daycare or school or youth center while kids are present.

Additionally, there are fines that can be imposed for smoking marijuana while operating a motor vehicle, aircraft or boat.

People who are caught smoking marijuana in public can expect to pay up to $100. If it’s done in a place where tobacco use is outlawed or near a school, the fine increases to $250. If there are minors caught in violation, they face up to four hours of drug education courses, plus 10 hours of community service.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Denver starts work on allowing marijuana in public, a first in US, Jan. 18, 2017, WYFF-4

More Blog Entries:

Prohibiting Teen Access to Marijuana a Top Priority for Politicians, Pot Distributors, Jan. 20, 2017, Riverside Marijuana Lawyer Blog

You have probably taken note if you have moseyed on into a marijuana grow operation in Colorado an array of colored bar codes. Every single plant is tagged with either a blue or a yellow bar code, either stuck in the soil or tied to the stalk. Each tag has a bar code and a Radio Frequency ID chip. Then, if you take a glance around, you’ll probably notice there are security cameras watching your every move at all times. The badges worn by workers allow the company to follow them from room-to-room. Inspectors may drop by without prior notice, just to make sure the amount being produced matches the records on file with the state, which tracks it all in real time.

All of these security systems are high-tech – and costly. It’s budding into a multi-million dollar industry, and it’s one of the only reasons we’re able to safely shift this plant from the black market to a major commodity sold to the over-21 public on store shelves.

While the federal government’s refusal to budge on marijuana’s Schedule I status has been a huge thorn in the side of most within the marijuana industry, the security industry may actually benefit to some extent. That’s because with the drug outlawed by the federal government, the onus is on the state to ensure that legalization on their borders has not given a cushion to black market activity. (The reality is legalization undercuts black market sales.) But the state still has to show the federal government that it can prove at any given time where the marijuana is. It can show that there is a closed-loop with the cannabis, meaning it’s not bleeding across the borders or falling into the hands of black market traffickers.

This has given rise to the need for seed-to-sale tracking. That means there is accountability for these plants from the time the seed is put in the soil until the time it is bought by a dispensary. The state wants systems in place that can weigh the cannabis products to the milligram to know exactly how much is being moved – and where – at any given time.

Colorado was actually the very first state to require marijuana surveillance. By 2013, it went into effect with the METRC (Marijuana Enforcement Tracking Reporting and Compliance). The system is a government-facing system that gives the state’s Marijuana Enforcement Division the ability to follow millions of marijuana plants in real time as they move through the production process. The system was specifically created for Colorado’s systems and laws, but it’s now being used in Oregon, Maryland and Alaska too. It’s plausible a similar system could be adopted in California for both recreational and medical marijuana.

Other systems allow for private tracking. Seed-to-sale market tracking software is now contracted with nine other states (though it’s not officially up-and-running), while 19 states haven’t yet purchased it.

Many surveillance firms note that they are working to help take the stigma out of the industry, with compliance and technology being the primary way these marijuana businesses have to attain legitimacy and follow in the footsteps of more traditional industries.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

The Business of Making a Cannabis Surveillance State, Dec. 5, 2016, By Daniel Oberhaus, Motherboard

More Blog Entries:

First Marijuana Debit Payment App Allows Ease of Legal Transactions, Dec. 8, 2016, L.A. Marijuana Lawyer Blog

This measure will make Denver the first in the nation to allow bars and restaurants the option of offering patrons the chance to use marijuana while they’re drinking a cocktail or enjoying a meal. However, there is a big catch: Patrons will not be allowed to imbibe indoors. Only outdoor smoking will be allowed, and even then, businesses will have to first get the green light from their neighbors. Patrons could still use cannabis or derivative products inside the establishment, but only if it wasn’t smoked.

The measure is just one of an increasing number of indications that our society’s tolerance of the drug is growing. Supporters are calling the move “sensible,” and an effort to allow adults to enjoy – but responsibly.

As our marijuana business plan attorneys know, the first thing interested businesses would need to do would be to show that they have some degree of support for the initiative in their neighborhood. Further, establishments that sell food and drinks are not allowed to also sell marijuana, per Colorado law. The law does allow non-service establishments (i..e., art galleries, yoga studios, etc.) to set up areas that can be used as smoking areas or to host events that serve food, drinks and marijuana.

This kind of “social marijuana” statute is rare because there is hesitation about allowing the drug to be consumed in public. Generally just as alcohol is not allowed to be openly carried and consumed in public areas, neither is marijuana. (Colorado law doesn’t specifically allow or ban marijuana use in public, but individual communities have a patchwork of their own regulations, so it really depends where you are.) But in some communities, this was getting hard to enforce.

Part of the goal, according to the spokesman Mason Tvert of the Marijuana Policy Project, was to cut down on the growing problem of people who were smoking weed on the sidewalks and the in the parks. The issue is people have nowhere to go to consume it besides home, and that is proving unworkable in many communities. It’s something California will need to consider now that we too have allowed recreational marijuana.

Still, the system being proposed for marijuana consumption is still more restrictive than what we have in place for alcohol. Bar patrons don’t have to bring their own booze, nor do they have to drink it outside. It’s unclear at this point how many establishments plan to jump on the opportunity, or how long it would take them to get through the inevitable red tape. It’s probably going to be at least several months before we start to see any pot-and-coffee shops opening up.

From there, it’s unclear how it will be received. The law is slated to sunset in 2020, unless city officials decide to renew the licenses or put the question to voters of whether to keep it permanently.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Denver Voters Approve Marijuana Use in Bars. But There’s a Catch, Nov. 16, 2016, Associated Press

More Blog Entries:

Economy of Cannabis: Buying vs. Growing, Nov. 14, 2016, Denver Marijuana Lawyer Blog

As of right now, there are no regulations in Colorado that limit the amount of THC there can be in the drug’s plant form or in edibles. There was proposed amendment on the table, filed by state lawmakers, that would cap the amount of allowable THC in any given marijuana product to 16 percent. According to one state study, the average potency for marijuana products in Colorado is more than 17 percent for cannabis flowers and 62 percent for marijuana extracts.

Supporters of these potency limits say more research needs to be conducted in order to determine what is a “safe” level of the drug, as the health impacts of consuming high concentrations of the drug are largely unknown. However, opponents say the 17 percent figure is arbitrary, and perhaps even “unconstitutional.” The proposal failed to garner enough support to pass this most recent session, though it is certainly not considered a dead issue, by any means.

Colorado being the first state to legalize the drug for recreational purposes, it makes sense that it would be the first state to grapple with this issue of potency. Those who are familiar with the marijuana business industry say that if there were to be a government limit on potency, it would likely result in a boost to the black market. People would seek the stronger strands from illegitimate growers or else cultivate them personally.

Some of the recent state-licensed testing facility measures show cannabis flowers with a THC content of as high as 32 percent. Meanwhile, in most other states where the drug remains illegal, the plants are cultivated with low-grade potency that is usually only in the single digits.

Still, nationally the average THC content discovered in confiscated marijuana has been climbing sharply in recent years. Back in the 1990s, the average THC content in marijuana seized by law enforcement officials as 3.7 percent. That’s according to the National Institute on Drug Abuse. By 2013, the national average was at 9.6 percent. A separate analysis conducted by the U.S. Drug Enforcement Administration revealed that from 1995 to 2014, the potency of marijuana seized by the federal government rose from 4 percent to 12 percent. Both of these figures still are much lower than what testing facilities are discovering in Colorado and the handful of other states where the drug is now sold for recreational purposes.

Our marijuana attorneys understand the potency of these strains strike users who are inexperienced especially hard. Illustrating this is the fact that emergency room visits for marijuana-related ailments spiked 44 percent from 2012 to 2014, from 70 to 101. Of course, those visits weren’t solely due to high potency, but it’s certainly part of the issue.

On the one hand, there is a demand for higher potency marijuana, particularly among those who are very sick and may have used the drug for a long time. These individuals need higher concentrations of THC in order for the drug to still be effective, as they’ve built up a tolerance. But on the flip side, there are those who prefer strains with higher concentrations of CBD, a non-psychoactive element of the drug that helps to treat conditions like epilepsy.

In the end, it’s all about growing marijuana that is safe, effective and meets a variety of personal needs.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Colorado marijuana’s potency getting ‘higher’, Oct. 21, 2016, By Ana Cabrera, CNN

More Blog Entries:

Federal Prosecutors Dropping Charges Against Teen for 1 Gram of Marijuana, Sept. 1, 2016, Denver Marijuana Lawyer Blog

Now, a new state law that went into effect this months requires all edible marijuana products to come with a diamond-shaped stamp and the clearly-marked letters, “THC.” The letters will be stamped not just on the packaging, but also directly onto the food item. This feature is to go not just on the brownies, but on candy and other edibles. The rule came about after numerous complaints from the public that marijuana candies and edibles looked to similar to those that did not contain the drug.

Colorado is the first state among those that have passed recreational marijuana laws to have passed such a requirement. This new rule mandates a symbol that will be universal for all foods that contain marijuana so that consumers will easily be able to tell just by looking at the packaging – or the food itself – whether it contains the drug. This should also help parents and teachers too. A marijuana-laden cookie being passed around the table at a school cafeteria will be more easily identifiable to someone simply looking at the treat, without having to actually smell or taste it.

This diamond-stamping rule comes in addition to a host of labeling and packaging requirements the state has already laid out, which include:

• Childproof lids
• Childproof zippers
• Warnings to keep products away from children
• Warnings to avoid consuming the foods while driving, nursing or pregnant

The goal, say lawmakers, is to make absolutely sure anyone can quickly tell the difference between a plain browning and a pot brownie.

The state has not released any figures that would indicate unintentional consumption of marijuana among children – or even adults – is a problem. However, a study conducted earlier this year that tracked the number of Children’s Hospital Colorado in Denver admissions found treatment of children for accidental ingestion of marijuana leaped to 2.3 kids per 100,000 population two years after legalization. Two years before legalization, that figure was 1.2 per 100,000.

Still, the hospital data seems to indicate accidental ingestion of marijuana is pretty rare. Between 2009 and 2015, the facility reports 81 children were treated for accidentally consuming marijuana. In approximately one-third of those cases, poor product storage and/or child supervision was cited.

This new law was passed more than 12 months ago, but there were a number of difficulties in actually implementing it, which meant it took time to actually finalize. Still, Colorado is ahead of the curve, as no other states that allow recreational marijuana have a requirement to mark the actual product, not just the packaging.

From a marijuana lawyer viewpoint, it may actually be a smart move for makers of cannabis edibles to start taking this initiative on their own, strictly for liability purposes. Product liability lawsuits often hinge on a manufacturer/ distributor’s failure to warn customers of possible hazards when using/ consuming the product. By indicating clearly on the package and the product that psychoactive ingredients are contained within, product makers can help to insulate themselves from potential injury lawsuits.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Colorado gives marijuana edibles a new look to avoid confusion, Sept. 30, 2016, Associated Press

More Blog Entries:

Los Angeles Medical Cannabis Candy Makers Speaks to Parents about Concerns, Oct. 12, 2016, Denver Marijuana Attorney Blog

But he was chasing a dream. He landed a scholarship to Colorado State University, where he excelled. He averaged 5.2 yards per carry during his 2014 sophomore year. But what school officials didn’t know was that Jarrells was always under the influence of marijuana. He practiced high. He played almost every game high. He worked out high. None of his teammates or coaches or fans ever knew it, he says.

It wasn’t for the fun of it. It was to relieve the chronic pain without the risk of long-term damage. Specifically, he notes how common it was to see other players down five to 10 ibuprofens prior to practice every single day. Over the course of a few years, he says, that could do severe damage to one’s liver. For him, marijuana was his medicine. In fact, he was one of the 103,000 people in Colorado with a medical marijuana license who was legally allowed to grow the plant. The only risk, he says, was that he might get caught by his coaches, be sanctioned by the NCAA and lose his scholarship.

Ultimately, that’s what it came to when he feared he may not be able to hide it any longer. He quit the team.

Recently, he spoke to USA Today, urging the NCAA and other sports organizations to reconsider their hard line stance on the drug, which is legal as medicine in 25 states – including Colorado.

Other athletes are beginning to speak up on this issue as well. For example, former Baltimore Ravens offensive tackle Eugene Monroe, Tennessee Titans linebacker Derrick Morgan and Chicago bears quarterback Jim McMahon – all are asking the National Football League (NFL) to conduct more research on the drug, and consider it as an option for players coping with chronic pain.

NFL Commissioner Roger Goodell said the league does review its drug policies periodically, but he doesn’t foresee any changes in it for the near future.

But this issue is not likely going to go away, particularly when you consider the ineffective ways universities are dealing with chronic pain among athletes. For example, in a recent three-year time frame, Colorado State University doctors prescribed more than 19,000 over-the-counter painkillers for its 400 student athletes. Meanwhile, the University of Colorado prescribed some 37,000 pills for its 350 athlete students. A head trainer at Colorado State also said about five dozen Vicodin had been ordered during that time too, though those were filled at local pharmacies.

Jarrells confessed he lied to his former coach about the reason he needed to leave the team. He told him it was a personal issue; he’d signed up to work with the previous coach, and his relationship with the new one wasn’t working. Further, he said, his godfather was gunned down over the summer and his classwork was suffering. He needed to step back. His coach allowed him to continue his junior semester while receiving his football scholarship, even though he wasn’t playing. He now says if he’d told his coach the truth, he never would have been able to finish out the year with his scholarship. His goal, he said, was to avoid getting drug-tested long enough to get his degree. He hopes in the future, other football players won’t be forced to go down that same road and will be allowed to play while still consuming the medical marijuana that relieves their chronic pain from the game.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

An athlete becomes a legal marijuana grower and part of an emerging debate, Sept. 12, 2016, By Matt L. Stephens and Kelly Lyell,USA Today

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Nuisance Abatement Laws Result in Eviction for Marijuana Users, Sept. 13, 2016, L.A. Marijuana Lawyer Blog

In Vasquez v. Lewis, the Denver-based justices ruled it’s unconstitutional to pull over a driver simply because they have out-of-state plates. The civil lawsuit was against two highway patrol officers form Kansas who conceded they stopped a driver at least partially because his license plates were from a state “known to be home to medical marijuana dispenaries.” Officers characterized the entire state of Colorado as a “known drug source area” and the highway on which the driver traveled is a “known corridor.” Mind you, the highway to which the officers were referring is Interstate 70, which is 2,000 miles long and spans all the way from the East Coast to Utah. The driver also had a blanket in his vehicle, which officers asserted, “Might have obscured something.”

The officers also asserted the driver was “acting suspiciously” and was “nervous.” He also reportedly had a temporary tag taped to the inside of his tinted rear window, which officers said they were unable to see. However, the court rejected these other arguments. Justice Carlos Lucero, writing for the majority, wrote that police have to abandon this pretense that citizenship in certain states justifies traffic stops, particularly given that medical marijuana is now legal in 25 states, plus Washington D.C. If such practice was allowed, that would mean police would have reasonable grounds to justify the search and seizure of citizens in more than half the states in the U.S.

When Colorado voted to legalize marijuana for recreational purposes back in 2012, police in neighboring states started to complain that marijuana was making its way illegally across the borders, where the drug is banned. Earlier this year, the U.S. Supreme Court declined review of litigation filed against Colorado by Oklahoma and Nebraska, arguing this fact has resulted in law enforcement being overburdened.

In Kansas, where the Vasquez case originated, authorities with the state highway patrol could not say definitively how much the state was affected by this alleged spillover, though the Associated Press reported three years ago that almost 80 of the 130-plus felony marijuana trafficking cases filed in Kansas in the first five months of the year stemmed from marijuana and/or motorists from Colorado.

Drivers from Colorado in particular have complained about “license plate profiling” in Kansas and in other states. Rental vehicles with Colorado plates are deemed especially suspicious. The state highway patrol, however, denied that it targets people solely based on their license plate and a spokesman said the Vasquez ruling isn’t going to alter the way its troopers do their jobs.

In this case, the driver was pulled over when officers were unable to see his temporary tag. He was given a warning for that infraction, and that should have been the end of the encounter. However, officers asked to search the man’s vehicle. When he declined, they held him for 15 minutes until a canine unit could make it (a tactic the U.S. Supreme Court deemed unconstitutional in the spring of 2015). The drug dog didn’t find anything and the driver was released.

The driver sued the officers in federal district court, alleging they violated his 4th Amendment right against unreasonable searches and seizures. The federal district court had tossed the case, but the appellate court decision revives it. This legal precedent is now applicable throughout the 10th Circuit, meaning it applies in Colorado, New Mexico, Utah, Wyoming Oklahoma and Kansas.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Vasquez v. Lewis, Aug. 23, 2016, U.S. Court of Appeals for the 10th Circuit

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Maine Doctor Reprimanded for Marijuana Permission Slip to Patient Employer, Aug. 28, 2016, Colorado Marijuana Lawyer Blog