Cannabis News

California Cannabis Repeal? A Humboldt County Study

Published

1 year ago

August 30, 2023

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It’s no secret that the cannabis industry is on a steep decline in a variety of states, including California. We have time and again written about the specific woes plaguing the California cannabis industry. High taxes, a staggering credit crunch and collections problems, receiverships, rampant local prohibition, overregulation by the state, and the raging illegal market are just a few. Now, queue the California cannabis voters who may have initially supported this democratic experiment but are now thinking twice about local laws and rules permitting commercial cannabis activity in their borders. Cannabis repeal may be on the horizon.

Cannabis NIMBYs

The term “Not In My Backyard” neighbor (“NIMBY“) has obvious negative connotations. Of course, cannabis NIMBYs are not unique to California. They’re everywhere in cannabis.

Years ago, we wrote a post about how to deal with them and their tactics. See here. Essentially, NIMBYs thrive on confrontation and manufacturing lots of arguments to eliminate or stop progress when it comes to cannabis business development. They’ll even go so far as to form plaintiff groups to sue local government and cannabis businesses on any possible grounds, including (and usually) alleged environmental issues or violations of due process rights in the creation of cannabis laws.

In turn, cannabis businesses are wise to be as transparent as possible with all of their neighbors as well as their local government, and to keep constant contact with regulators in order to avoid inadvertent regulatory violations. But what happens when you make it past the initial NIMBYs only to find yourself at their mercy again years after you’ve set up shop?

California cannabis repeal

When I was practicing in Washington State, there were several instances where a city or county initially embraced cannabis legalization, welcoming all kinds of businesses to set up shop. Then, a couple of years down the line, you’d see some of these local governments re-think those decisions and enact subsequent moratoria. In some cases, these jurisdictions even pulled or denied conditional permitting in order to completely stamp out cannabis businesses (yes, that can be done depending on local laws).

Now, I’m seeing some rumblings in California of certain cities and counties going back on their initially warm and fuzzy cannabis feelings. And a lot of that is driven by fed up and annoyed local constituents.

Humboldt County

I recently read this article by Lester Black from SF Gate. The Emerald Triangle in California is universally known for its cannabis quality and generational cannabis farmers, and that especially includes Humboldt County. It was one of the first local governments to regulate cannabis farmers in the state post-legalization back in 2018. Now though, its entire local industry is going to face a potential death knell posed by a March 2024 vote on a new initiative that heavily restricts the existing industry, while essentially eliminating any more farms from setting up.

Here’s a copy of the initiative. According to the initiative website, the proposed amendments would “Reduce the cannabis cultivation footprint, promote healthy environments and rural communities, ensure public involvement, and protect truly small-scale, environmentally-minded cannabis farmers”. Backers of the initiatve state on their website that, due to the County’s initial planning and current laws,

“There are now over 1000 legally permitted operations, most of which are in stark contrast to the small-scale, organic ‘hippy’ farming, of previous decades. The newly emerging cannabis culture represents a more industrialized ‘mega-grow approach’, with heated and ventilated grow houses, 24/7 lights, extensive use of water, and loud generators.”

Further, per the initiative’s website,

“. . . incursions of mega-grows into rural residential, agricultural, and woodland areas have been received with considerable anger and bitterness by the rural public. One reason for this is that the county’s ordinance 2.0 precludes most affected rural residents from being notified that a mega-grow would be setting up next door to them. Such disregard has been taken to be demeaning and disrespectful, leaving residents little if any recourse to complain, or to go through the pain of expensive and difficult litigation. Residents cite issues of health, safety, welfare, dangerous traffic, harassment by growers, and harm to the environment and natural beauty. Of particular concern has been diversion of stream and well water that takes critical water away from residents and ranchers, as well as from watersheds and ecosystems, where water deprivation impacts animal and plant habitats. Strong objections have been made about the constant night lights and generator noise that disrupt residents’ lives and that impact wildlife, including the Northern Spotted Owl.”

Humboldt industry reaction

The proposed, 38-page initiative (called the Humboldt Cannabis Reform Initiative) represents a massive overhaul to existing Humboldt County cannabis laws. Perhaps most importantly, this initiative would limit cannabis farms to no more than 10,000 square feet, which would make about 400 currently permitted farms non-conforming uses under the initiative; and the number of permits issued would be capped at no more than 1,200, valid only for one year before renewal. Further, a business could not have multiple cultivation permits on a single parcel. No generators would be allowed except for one for emergency use only, and all neighbors of a cultivation site would have to be notified beforehand that a grow was coming in. Lastly, for existing growers to come into compliance with the proposed initiative, they’d have to enact a laundry list of expensive changes or be rendered non-conforming and eventually shut down.

The County’s reaction to de facto cannabis repeal

The County Planning Department’s analysis of the initiative is incredibly interesting. Early in its analysis, the Planning Department writes “The [initiative] purports to ‘…protect the County’s residents and natural resources from harm caused by large-scale cannabis cultivation…’ It does this by developing a regulatory system that renders most existing permitted farms non-conforming.” The analysis goes on to state:

“The largest farms in Humboldt County range between 7 and 8 acres. There are four farms this size. For comparison, in Lake County there are farms in excess of 60 acres and in Santa Barbara and San Bernadino Counties there are farms in excess of 100 acres. In a statewide market context, Humboldt County does not have large scale farms.”

Essentially, the County is claiming that there are no real “mega farms” in Humboldt County at this point in time, and that:

“the public does not understand what this initiative would do and signed the petition thinking that ‘large scale’ cannabis farms should not be in Humboldt County without recognizing that most of the so-called ‘large-scale farms’ that would be outlawed if the [initiative] passed are the very farms that have existed in Humboldt County for decades”.

It seems then that the County Planning Department does not support the passage of the initiative, and that’s what it relayed to the County Board of Supervisors.

What’s next in Humboldt

Undoubtedly, between now and March, both proponents and opponents of this initiative will undertake education campaigns for and to the public. The big legal takeaway though is that Humboldt will not be the last stand or instance where local voters initially embraced cannabis legalization, only to change their minds down the road. We could see major overhauls or total eliminations of local cannabis industries in California as a result.

Perhaps most importantly, if the Humboldt Cannabis Reform Initiative passes in March, other motivated, well-capitalized, angry, and annoyed local voters could use this process as a blueprint for their own cannabis repeal campaigns. I will definitely be watching in March when this vote goes down, as it could have huge implications for other local cannabis programs in California.

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Webinar Replay: Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em

Published

13 hours ago

November 13, 2024

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On Thursday, November 7th, Vince Sliwoski, Aaron Pelley and Fred Rocafort held a post election discussion “Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em”. Watch the replay!

Key Takeaways from the “Smoke ’em if You’ve Got ’em – 2024 Post Election Cannabis Wrap” Webinar:

Panelists:
- Vince Sliwoski: Oregon Business lawyer specializing in cannabis and commercial real estate.
- Aaron Pelley: Experienced in cannabis law since Washington’s legalization in 2012.
- Fred Rocafort: Trademark attorney working closely with the cannabis team.
Election Results Overview:
- Most 2024 cannabis ballot measures did not pass.
- Florida, South Dakota, and North Dakota saw failures.
- Nebraska became the 39th state to legalize cannabis for medical use when it passed two cannabis initiatives, Initiatives 437 and 438.
Federal and State-Level Developments:
- Medical use is currently legal in 38 states, and 24 states allow recreational use.
- Republican support for marijuana legalization is growing.
Federal Policy Implications:
- Schedule III Rescheduling: The process to move cannabis to Schedule III is ongoing, which could significantly impact the industry.
- Importance of Federal Appointments: The future of cannabis policy depends heavily on who is appointed to key positions in the administration.
International and Domestic Trade:
- Schedule III status could ease import/export restrictions on cannabis.
- Unified control of House, Senate, and presidency might expedite legislative progress.
Economic and Industry Impact:
- Cannabis stocks experienced volatility post-election, reflecting investor uncertainty.
- Federal legalization and banking reforms are crucial for industry stability and growth.
Future Outlook:
- The potential for federal rescheduling remains strong, with hearings scheduled for early 2025.
- State-level initiatives and regulatory developments will continue to shape the industry.

Watch the replay!

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I Had Just One Puff

Published

14 hours ago

November 13, 2024

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one puff of a joint a drug test

“How Long Does One Puff of Weed Stay in Your System?”… This topic can be difficult to answer since it is dependent on elements such as the size of the hit and what constitutes a “one hit.” If you take a large bong pull then cough, it might linger in your system for 5-7 days. A moderate dose from a joint can last 3-5 days, whereas a few hits from a vaporizer may last 1-3 days.

The length of time that marijuana stays in the body varies based on a number of factors, including metabolism, THC levels, frequency of use, and hydration.

Delta-9-tetrahydrocannabinol, or THC, is the primary psychoactive component of cannabis. THC and its metabolites, which remain in your body long after the effects have subsided, are detected by drug tests.

Since these metabolites are fat-soluble, they cling to bodily fat molecules. They could thus take a while to fully pass through your system, particularly if your body fat percentage is higher.

THC is absorbed by tissues and organs (including the brain, heart, and fat) and converted by the liver into chemicals such as 11-hydroxy-THC and carboxy-THC. Cannabis is eliminated in feces at a rate of around 65%, while urine accounts for 20%. The leftover amount might be kept within the body.

THC deposited in bodily tissues ultimately re-enters the circulation and is processed by the liver. For frequent users, THC accumulates in fatty tissues quicker than it can be removed, thus it may be detectable in drug tests for days or weeks following consumption.

The detection time varies according to the amount and frequency of cannabis usage. Higher dosages and regular usage result in longer detection times.

The type of drug test also affects detection windows. Blood and saliva tests typically detect cannabis metabolites for shorter periods, while urine and hair samples can reveal use for weeks or even months. In some cases, hair tests have detected cannabis use over 90 days after consumption.

Detection Windows for Various Cannabis Drug Tests

Urine Tests

Among all drug tests, urine testing is the most commonly used method for screening for drug use in an individual.

Detection times vary, but a 2017 review suggests the following windows for cannabis in urine after last use:

– Single-use (e.g., one joint): up to 3 days

– Moderate use (around 4 times a week): 5–7 days

– Chronic use (daily): 10–15 days

– Chronic heavy use (multiple times daily): over 30 days

Blood Tests

Blood tests generally detect recent cannabis use, typically within 2–12 hours after consumption. However, in cases of heavy use, cannabis has been detected up to 30 days later. Chronic heavy use can extend the detection period in the bloodstream.

Saliva Tests

THC can enter saliva through secondhand cannabis smoke, but THC metabolites are only present if you’ve personally smoked or ingested cannabis.

Saliva testing has a short detection window and can sometimes identify cannabis use on the same day. A 2020 review found that THC was detectable in the saliva of frequent users for up to 72 hours after use, and it may remain in saliva longer than in blood following recent use.

In areas where cannabis is illegal, saliva testing is often used for roadside screenings.

Hair Tests

Hair follicle tests can detect cannabis use for up to 90 days. After use, cannabinoids reach the hair follicles through small blood vessels and from sebum and sweat surrounding the hair.

Hair grows at approximately 0.5 inches per month, so a 1.5-inch segment of hair close to the scalp can reveal cannabis use over the past three months.

Factors Affecting THC and Metabolite Retention

The length of time THC and its metabolites stay in your system depends on various factors. Some, like body mass index (BMI) and metabolic rate, relate to individual body processing, not the drug itself.

Other factors are specific to cannabis use, including:

– Dosage: How much you consume

– Frequency: How often you use cannabis

– Method of consumption: Smoking, dabbing, edibles, or sublingual

– THC potency: Higher potency can extend detection time

Higher doses and more frequent use generally extend THC retention. Cannabis consumed orally may remain in the system slightly longer than smoked cannabis, and stronger cannabis strains, higher in THC, may also stay detectable for a longer period.

How Quickly Do the Effects of Cannabis Set In?

When smoking cannabis, effects appear almost immediately, while ingested cannabis may take 1–3 hours to peak.

The psychoactive component THC produces a “high” with common effects such as:

– Altered senses, including perception of time

– Mood changes

– Difficulty with thinking and problem-solving

– Impaired memory

Other short-term effects can include:

– Anxiety and confusion

– Decreased coordination

– Dry mouth and eyes

– Nausea or lightheadedness

– Trouble focusing

– Increased appetite

– Rapid heart rate

– Restlessness and sleepiness

In rare cases, high doses may lead to hallucinations, delusions, or acute psychosis.

Regular cannabis use may have additional mental and physical effects. While research is ongoing, cannabis use may increase the risk of:

– Cognitive issues like memory loss

– Cardiovascular problems including heart disease and stroke

– Respiratory illnesses such as bronchitis or lung infections

– Mood disorders like depression and anxiety

Cannabis use during pregnancy can negatively impact fetal growth and development.

Duration of Effects

Short-term effects generally taper off within 1–3 hours, but for chronic users, some long-term effects may last days, weeks, or even months. Certain effects may even be permanent.

Bottom Line

The amount of time that cannabis remains in your system following a single use varies greatly depending on individual characteristics such as body fat, metabolism, frequency of use, and mode of intake. Frequent users may maintain traces of THC for weeks, whereas infrequent users may test positive for as little as a few days. Hair tests can disclose usage for up to 90 days, while blood and saliva tests identify more recent use. Urine tests are the most popular and have varying detection durations. The duration that THC and its metabolites are detectable will ultimately depend on a number of factors, including dose, strength, and individual body chemistry.

PEE IN A CUP COMING UP, READ ON..

HOW LONG DOES WEED STAY IN YOUR URINE FOR A DRUG TEST?

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Is Kratom Addictive? Understanding Dependence, Risks, and Safe Usage

Published

1 day ago

November 12, 2024

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is kratom addictive

Is kratom addictive? Discover the potential for dependence on Kratom, the risks involved with its use, and how to approach its consumption responsibly.

From 2011 to 2017, over 1,800 calls to poison centers involved kratom in the U.S. This significant number highlights the concern regarding kratom addiction.

However, without Food and Drug Administration (FDA) oversight, and due to various consumption methods like teas and capsules, there are significant health risks. Safe use of kratom is now in question due to these issues.

Research debates how dependence develops, outlining signs like loss of control and withdrawal symptoms. These signs are seen in regular kratom users. Ironically, some people switch from drugs like heroin to kratom, looking for a legal alternative.

Understanding Kratom: Origins and Prevalence

Kratom comes from the Mitragyna speciosa tree in Southeast Asia. It can act like a stimulant or like opioids, based on how much you take. People use it in different ways, for a small energy boost or stronger effects at higher doses.

The legal status of kratom in the U.S. is complicated and changing. It’s a hot topic because some worry about its misuse. It’s still legal in several states. This shows how different places handle drug rules. The National Institute on Drug Abuse is looking into its medical benefits. But, the FDA hasn’t approved it for medical use yet. The DEA calls it a “drug of concern,” which means policies might change.

From 2011 to 2017, poison control centers in the U.S. got over 1,800 reports about kratom. This shows it’s widely used and might pose health risks.

Kratom’s main ingredients bind to opioid receptors very strongly, stronger than morphine even. This fact is key to understanding its effects.

As more people use kratom, more are reporting serious health problems. These include liver and heart issues, and tough withdrawal symptoms, particularly in those already sick.

The statistics show mounting worries about kratom in the U.S. As its use grows, it’s becoming more important to health policies and laws. What happens next will depend on further research and legal decisions.

Is Kratom Addictive: Investigating the Substance’s Nature

The question of kratom’s addictiveness focuses on how it affects brain receptors and its long-term health implications. The ongoing debate highlights concerns about dependence and the risk of addiction. Scientists are closely looking at these issues.

How Kratom Works in the Brain

Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, bind to the brain’s opioid receptors, similar to painkillers and narcotics. This connection suggests a potential risk of dependence. These alkaloids are key to kratom’s pain relief but also point to possible addiction concerns, especially with frequent, high-dose usage.

Patterns and Consequences of Long-term Use

Using kratom often, especially in large doses, can increase the risk of dependence and intense withdrawal symptoms, similar to opioid withdrawal.

Although some use it for pain or to improve mood, long-term kratom users might see serious health problems, like liver damage and mental health issues.

Withdrawal symptoms, including irritability, nausea, and sleep problems, show kratom’s impact on one’s physical and mental health.

Assessment of Addiction Risks

Studies indicate a significant risk of addiction to kratom, especially with high doses or frequent use. Dependence develops as the body gets used to kratom, leading to tolerance and a need for more to feel its effects. Withdrawal symptoms emphasize this risk, as highlighted by health experts.

Physiological Effects: Kratom’s Impact on the Body

There is a lot of debate about the safety and use of kratom. This herbal extract comes from the Mitragyna speciosa plant. It has drawn attention for its possible harmful effects on the body. The FDA has issued many warnings about kratom, raising safety concerns.

Kratom Adverse Effects: Kratom users have reported side effects like nausea, vomiting, and confusion. More serious issues include high blood pressure and liver damage. These problems highlight the risks of using kratom.

Herbal Extract Safety: Some kratom products contain heavy metals and pathogens. These can cause severe health issues, including death. This shows the importance of safety in herbal products.

FDA Warnings and Regulations: The FDA has linked kratom to over 35 deaths and warns against using it. They point out the lack of medical uses and the risk of addiction.

Physiological Impact: Kratom’s effects depend on the dose and the user’s body. Yet, it can lead to dangerous outcomes like liver damage and seizures.

Safety Concerns from Authorities: Federal agencies like the DEA are worried about kratom’s safety. Although not a controlled substance, monitoring suggests users should be careful.

Kratom might offer temporary relief for some ailments, but it comes with significant risks. The FDA’s warnings should make people think twice. If considering kratom, it’s crucial to talk to a doctor first. Experts stress the need for safety and caution with herbal extracts.

Conclusion

Kratom’s role in health and regulation is complex, with views and research findings widely varied. Some people use kratom for its claimed health benefits, but it’s a hot topic. Experts advise caution and suggest consulting a doctor before using kratom due to the unclear effects.

Clinical studies using scores like SOWS and COWS haven’t confirmed withdrawal symptoms from kratom. This adds to the debate, especially when some users report withdrawal. This makes kratom a controversial subject among different findings and user experiences.

When it comes to treating opioid addiction, kratom can be both helpful and harmful. Some have used it successfully to fight addiction. Yet, some states have banned it. This highlights the need for regulations and consistent product quality. It also raises questions about kratom’s legal status due to mixed actions by authorities.

The situation shows how complex kratom is in the realm of substance use and law. Without clear evidence supporting either its benefits or risks, it poses a challenge. More research is needed to guide regulations and health advice. For now, anyone thinking of using kratom should be careful, seek medical advice, and keep up with laws and health guidelines.