CannaLaw in Washington is About to Change

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Last month Gov. Inslee passed new CannaLaw regarding I-502.

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What does that mean for weed in Washington State?

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When we, as a state, helped pioneer recreational cannabis law in 2012, we already knew it wasn’t perfect. Without any other states as a model of how to safely legalize the herb, Washington did its best. But we always understood changes to legislation would come. And it’s beginning! Last month, Governor Jay Inslee signed Senate Bill 5131, offering the first set of legal adjustments to CannaLaw.

What’s new?

Quite a bit. From homegrowing, passing the pipe, and limiting advertising, get excited for new possibilities in the pot industry. Check out these changes to CannaLaw:

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Puff, Puff, Pass is a thing again!

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Remember the old days of legal recreational cannabis? When twenty-one-and-uppers would get together, individually pull out their own supply of weed, roll their own joints, and smoke up separately together? Yeah, we definitely followed that law too. Up until recently, passing the pipe could have landed you in a sticky position legally if the wrong folks saw you.

But thanks to the new law changes, stoners are finally allowed to share their stock with other adults over the legal age. So spread the love with confidence and puff up with your pals–it’s legal now!

(Sometimes, it’s the small victories…)

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Organic-esque Standards for the Conscientious CannaConsumer

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Despite consumers’ demand of regulation on the pesticides and chemicals used on their cannabis products, as a federal organization, the United States Department of Agriculture cannot certify any cannaproduct as “Organic.” But many consumers feel it’s critically important to know how their weed was grown and cared for. SB 5131 lays the groundwork for Washington State to develop its own version of an organic certification, including the marketing term used for qualifying products.

This sounds like great news for several producers and processors in the state who have previously gotten into hot water for trying to follow the specifications of Certified Organic standards, which deviates from current Washington growing requirements.

It will still take time to create the certification program for the Washington CannaIndustry, but public input is encouraged. If you have an interest in participating on an advisory board, contact WSDA Organic Program at organic@agr.wa.gov.

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Medical Patients Can Actually Get Starts, Clones, and Seeds

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Medical cannabis patients in WA have long known about the ridiculous Catch-22 in our laws: though qualifying patients have been legally allowed to grow from home, there has been no way for medical patients to get their hands on clones, starts, or seeds since recreational cannabis took over, besides a seedy sack of something bunk.

Now licensed growers and producers can sell seeds and starts directly to patients. Many patients have been waiting for the ironing out of this law loophole for years. No one quite understood how you were supposed to grow your own weed if no one was allowed to sell you the plant. Within the next year we’ll see patients regaining access to their medicine across the state!

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And it Won’t Just be Patients Growing from Home

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Finally following in the footsteps of other legalized states which allow homegrows, SB5131 allows for the eventual, one day, maybe-kinda-sorta-it’ll-happen of non-medical patients producing their own pot in the privacy of their home. It may not sound like much (and for the immediate future, it isn’t), but it lays important groundwork to get us there.

By the beginning of December 2017, we’ll see the outcome of the state run study looking into the viability and practicality of legalizing recreational homegrows. We’ll have to wait and see how WA intends to regulate private growers, but it seems like personal grow operations are peaking over the horizon!

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No More CannaMascots or Dancing Tube Men

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Easily the most disappointing aspect of the changing laws.

In an attempt to keep cannabis away from the kiddos, WA plans to crack down on advertising. That includes restrictions like banning cannabusinesses from advertising with things like mascots, inflatable dancers, toys, cartoon or movie characters, sign shakers or spinners, or anything else that could entice America’s youth. (There goes this author’s lifelong dream of sign shaking for a pot shop. Sigh.)

Other restrictions on advertising inlude restricting signs and billboards to only brand names or logos, no ads on or at public transit stations or vehicles, and no advertising to those outside of the state (sorry Canadians).

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Are There Any Other Relevant Changes Happening?

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Yes! And irrelevant changes. But the most notable are these:

> Now business license owners in the state can hold up to five locations, where they could otherwise only own three.

> The State will also set up a study into the feasibility of allowing industrial hempwhich could be a major boon in the state’s ability to produce an affordable and renewable raw material for plastics, papers, fabrics, and other textiles. Hemp grows in a variety of climates and soil types, is naturally resistant to most pests, and grows very tightly spaced allowing it to outcompete most weeds. A natural substitute for cotton and wood fiber, hemp can also be pulped using fewer chemicals than wood because of its low lignin content. Its natural brightness can obviate the need to use chlorine bleach.

Medical producers and processors will no longer be allowed to blast oil using butane as a solvent. BHO-lovers, fear not: recreational producers can still use butane when they make their concentrates.

> PTSD and Traumatic Brain Injuries will now be considered qualifying conditions to receive a medical cannabis recommendation. (Finally.)

> A single housing unit cannot produce more than 15 plants, regardless of how many patients or designated providers live there. That sounds a little lame, but don’t forget: it doesn’t matter how many plants you have, it matters how large your yield is.

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In Washington, and across the country, cannalaws continue to change daily. How do you feel about the latest amendments to our industry? Let us know in the comments below!

 

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Cannabis Research

Why I have trust issues:

If you’ve been in the weed game for longer than five minutes, you probably already know the problematic nature of cannabis research. Since the scheduling of cannabis deemed it to be a narcotic with “no medical value,” laws make it nearly impossible to do clinical research. An article in the L.A. Times reported, “Some prominent researchers complain approval is unreasonably tough for scientists whose work aims at finding beneficial uses for the drug.”

Until recently, scientists in the United States performed studies under the directive of proving the dangers of cannabis. Propaganda ensued. Regrettably, claims of lowered IQ, premature aging, lung disease, and addiction (among scads others) enveloped the plant in misinformation. The government even released a study claiming that cannabis kills braincells. However, researchers have never been able to replicate these claims and have largely debunked them. Regardless, concerned parents across the country still quote this when confronted with cannabis.

But even research that indicates cannabis can help treat symptoms of diseases should be approached critically. Because research institutions have national grants and must comply with federal law, scientists must research exclusively with the federally legal source of cannabis, provided by the National Institute on Drug Abuse (NIDA).

Where does research weed even come from?

Until very recently, 12 acres of campus at the University of Mississippi has provided all the cannabis used for studies. The director of the Marijuana Project at Ole Miss, Mahmoud A. ElSohly, leads the long-time legal grow operation. The garden has begun gearing up to grow around 30,000 plants to facilitate the growing demand by researchers.

ElSohly runs the heavily regulated, out-door facility. He grows the plants for scientists seeking to research its effects after receiving special licensing through several federal agencies, including the Drug Enforcement Administration (DEA). ElSohly has been quoted saying, “Pot should never be smoked. You do that to get high and there are ways to move the curative chemicals into your system without getting stoned…THC is not absorbed through the rectum,” in an article for the L.A. Times in 2014.

With regards to legalization happening across the country, ElSohly said in the same article, “The liberalization of those laws really scares me. To have marijuana available just like that? I feel sorry for Colorado and Washington state. In a few years, you are really going to see the impact of the liberal laws they have there.”

To date, Washington state has collected around $401 million from the cannabis excise tax, greatly impacting local communities.

Though ElSohly does believe in the potential benefits of cannabis, he has also admitted having never consumed it. Many long-time cannabis growers have scoffed at his admission. Some compare growing cannabis to professional chefs: how are you going to make a good sauce if you’ve never tasted the recipe?

What does that mean for research?

Basically? Research bud is bunk schwag. And a recent study out of the University of Colorado can confirm.

Using statistics provided by NIDA and lab results from Steep Hill from Denver, Oakland, Sacramento, and Seattle, researchers compared data. “Our results demonstrate that the federally produced Cannabis has significantly less variety and lower concentrations of cannabinoids. Current research, which has focused on material that is far less diverse and less potent than that used by the public, limits our understanding of the plant’s chemical, biological, psychological, medical, and pharmacological properties,” the study reported.

It’s kind of like only testing Xanax at an eighth of a dose.

And while centuries of use—spanning cultures and generations—teaches us incredible amounts about the herb, we still have so much research to do. What are the full effects of cannabis on things like tumor growth or movement disorders? We don’t yet know.

Cash-Only Cannabis

We’re your local provider of potent marijuana products & friendly, expert advice. Our large selection of cannabis flower includes a wide variety of quality bud strains.

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With each passing election, our country ushers in a new era of legal cannabis consumption. To undermine the illicit markets, many states have legalized the sale of cannabis for patients and recreational users. But one thing bears an odd resemblance to the old black market: cash-only cannabis.

Customers constantly question why cannabusinesses can’t accept credit cards. And rightly so. Many believed that this would be one of the biggest difference between legal and illegal weed. But for some reason, we still need to get cash before we can grab any green.

So why no plastic?

Banks answer to the federal government. And federal regulations even define transporting marijuana money as a felony. That means that even in legal states, federally insured banks cannot legally process the money. Across Washington state, cannabusinesses struggle to find safe and legal banking options, usually turning to credit unions, who can provide necessary services, but at an incredible cost.

And Washington isn’t alone. Cannabusinesses in Colorado, Oregon, California, and Alaska (to name only a few) can’t get loans or use federally run banks. Some banks have even shut down personal accounts of business owners, jeopardizing college funds, savings accounts, and mortgages. Because of banks’ inability to get involved, dispensaries remain cash-only.

Many businesses have turned to community financial credit institutions for services. But since credit card processing companies won’t work with cannabusinesses, dispensaries are stuck. With the industry doing billions in sales in 2016 nation-wide, the issue of cash-only cannabis dispensaries weighs on the minds of many.

What do businesses do?

Many have set up ATMs. All The Joint locations, for example, have an ATM for customers who didn’t come in with enough cash. Beyond that, there isn’t much.

However, in Washington and Oregon, a transitional company called PayQwick allows companies to electronically transfer money between sellers, customers, and growers. The company also works with the Treasury Department to file the required paperwork, relieving banks of the additional task. These types of companies usually function as an at-register ATM, and often charge customers for services. Your personal bank could also charge you for using an unauthorized ATM.

Federally reforming the classification of cannabis remains the only solution for cannabusinesses trying to secure finances and accept customer’s credit cards. Once the federal government deschedules cannabis, banks can legally accept their business. And businesses can legally accept your plastic!

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Lab Cannabis Testing

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Should we trust cannabis testing results for product potency?

Customers comment often that the coolest quirk of legalization is cannabis testing. Don’t guess which strain is fire: our consumers feel it only takes a quick compare/contrast of the tiny test results on the back of each baggie before they know which product is powerfully potent. But how effective is that?

Experts across the state have raised their collective eyebrow, questioning the accuracy of these tests by up to 10%. Any budtender will tell you, if you have four different grams for sale, it doesn’t matter if gram A is the frostiest. The highest testing will sell out first.

Customers rely heavily on printed numbers,” a Pot Shop budtender explained. “I’ve looked a customer in the eye and explicitly said, ‘I’ve tried all of these. Don’t believe the numbers. This one is the most potent,’ only to have them nod along and grab the highest testing anyway. Even when it clearly won’t look, taste, or smoke as good.” This attitude proliferates through the cannabis community.

But I thought numbers don’t lie?

Due to regulations, most consumers put blind faith in the numbers on each bag, but mounting evidence suggests we shouldn’t. “There are clear indications that a large number of potency values are higher than reality,” Donald Land, a chemistry professor at UC Davis and part-owner of Steep Hill Labs, told Seattle Weekly. “That’s not because of errors, that’s intentional.”

The issues stem from laws requiring regulations, without laws clearly defining regulatory standards. That means Washington says that cannabis must be tested, but doesn’t yet specify how. Through this grey area, laboratories around the state (and in other cannabis-friendly states) can pad their numbers, ensuring growers return to that lab for more fast-selling lab results.

Not only that, but the natural variations of a plant means that differences will occur flower-to-flower on the same plant. Just like how one rose bush could produce five flowers. The top flower might grow to be enormous and fragrant. But another flower could look sickly and only half bloom, from the same plant. That happens with cannabis too. The plant’s biological components vary enormously. Yet the state only requires tests of one bud from one strain. This leaves space for natural variability and major inaccuracy.

So what is WA State going to do about testing?

In light of testing inconsistencies, the WA Liquor and Cannabis Control Board have proposed requiring labs to test three samples of each product. According to Joanna Eide, the coordinator for the LCB: “The hope is that [average] is a more accurate potency of the plant.”

But Land has reservations about this change. “Just doing the three samples alone won’t solve the problem of bad actors. Bad actors can manipulate three measurements just as easily as they can manipulate one,” he says. And he’s right. Since nothing stops labs from using “business-friendly” results currently, nothing would stop them continuing that practice.

Others have suggested that the three samples be tested by different labs, ensuring independent numbers, and (theoretically) more honest averages. The conversation, however, is ongoing.

Currently, the LCB has opened up the topic of cannabis regulations to the masses. A public hearing will be held 11 January 2017, before a vote on 25 January. If you have opinions on the validity of cannabis testing (and as a consumer, you should), contact the Washington State Liquor and Cannabis Control Board.

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