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

Published

10 hours 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.

WHAT IS KRATOM ANYWAY? READ ON…

WHAT IS KRATOM AND WHY ARE YOU HEARING ABOUT IT NOW?

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New Rule, December 5: Oregon Cannabis Retailers, Processors and Labor Peace Agreements

Published

11 hours ago

November 12, 2024

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Oregon’s Measure 119 passed last week, as expected. This means that as of December 5^th, every OLCC licensed retailer, processor, researcher and testing lab must secure a labor peace agreement before OLCC will approve a new or renewal license application. The labor peace agreement must be with a “bona fide labor organization.”

I previewed M119 back in September, explaining:

Compulsory peace agreements aren’t anything new in cannabis, although it would be something different here in Oregon. California, for example, requires labor peace agreements for many of its cannabis licensees, and has for many years. We had clients struggle with the concept initially, and we saw some fumbled rollouts, but people eventually adjusted.

Measure 119 further provides that retailers and processors would be required to remain neutral, under the peace agreements, when labor organizations communicate with employees about collective bargaining rights “with any licensure or renewal application.”

M119 may be legally problematic

I’m not a First Amendment lawyer, but it’s not clear to me that an Oregon business can be constrained from speaking with employees– regardless of what M119 provides. Oregon’s speech protections are extremely broad, which is why we have a naked bike ride, tons of strip clubs and no campaign finance restrictions.

I’m also not a labor lawyer, but I’m told M119 could hit a snag on the National Labor Relations Act.

I’ve run these concepts by an Oregon First Amendment lawyer and a couple of labor lawyers, and all confirmed to me that M119 has real exposure. I found that feedback interesting, because M119 sponsors would have understood this when they set out signature gathering. Back in September, I wrote:

The United Food and Commercial Workers Local 555 spent a good deal of money to get Measure 119 on the ballot, rounding up some 163,000 signatures when only 117,173 were required. This follows on a stymied effort to get House Bill 3183 passed last year, which would have accomplished the same thing legislatively.

HB 3183 failed after a couple of advisory letters from the State of Oregon, Legislative Counsel Committee (see here and here). Those letters discussed preemption exposure for what is now M119 under the National Labor Relations Act, The Taft Hartley Act, and other federal laws. Oregon Business and Industry, the largest business group in the state, also submitted opposing testimony, highlighting legal exposure.

As to the First Amendment issues, anyone watching this is advised to follow litigation recently brought by Ctrl Alt Destroy, Inc., on a similar requirement in California.

So let’s see how that goes, and let’s see if anyone in the Oregon cannabis space wants to make a run at litigating M119. For now, credit to UFCW Local 555, I guess, for not giving up and for getting this thing on the ballot. And for having some fun by slipping a Rickroll into the voter pamphlet. I’m sure that won a few people over.

The OLCC process

I don’t have any information yet on what OLCC is going to do ahead of the December 5^th deadline. It’s worth noting that, in addition to California, other recreational cannabis states including New York, New Jersey, Rhode Island, Connecticut and Delaware all have similar requirements. Most likely, OLCC will put out an FAQ page very soon that looks something like this and licensees will need to upload something or other to CAMP with respect to any post-December 5^thapplication or renewal.

As far as OLCC licensees negotiating these agreements, the best approach would be to speak with experienced labor counsel. Labor law is highly specialized, and negotiating a labor peace agreement with any outfit claiming to be a “bona fide labor organization” is not a typical exercise.

For now, this is just one more thing for licensed cannabis businesses to comply with. Please reach out to us if you have any questions or need a referral.

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The CBD Dog Treat Guide

Published

12 hours ago

November 12, 2024

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CBD dog treats good or bad

As the popularity of CBD (cannabidiol) continues to rise, many pet owners are exploring its potential benefits for their furry companions. CBD is derived from the hemp plant and is known for its therapeutic properties, which may help alleviate anxiety, pain, inflammation, and other health issues in dogs. However, when considering CBD treats for your dog, it’s crucial to understand the ingredients that go into these products. This article will delve into the essential ingredients to look for in CBD treats, their benefits, potential risks, and how to choose the right product for your canine friend.

Understanding CBD and Its Benefits for Dogs

Before we dive into the ingredients, it’s important to understand what CBD is and how it can benefit dogs. CBD is a non-psychoactive compound found in cannabis plants. Unlike THC (tetrahydrocannabinol), which can produce a “high,” CBD does not have intoxicating effects. Instead, it interacts with the endocannabinoid system (ECS) in both humans and animals, which plays a crucial role in regulating various physiological processes.

Potential Benefits of CBD for Dogs

Anxiety Relief: Many dogs experience anxiety due to various factors such as loud noises, separation from their owners, or changes in their environment. CBD may help reduce anxiety levels by promoting a sense of calm.

Choosing the Right CBD Treats

When selecting CBD treats for your dog, it’s essential to look beyond just the CBD content. The overall quality of the treat is equally important. Here are some key ingredients you should be aware of:

1. High-Quality CBD Oil

The foundation of any good CBD treat is the quality of the CBD oil used. Look for treats that contain:

Full-Spectrum or Broad-Spectrum CBD: Full-spectrum products contain all cannabinoids found in the hemp plant, including trace amounts of THC (below 0.3% as per legal standards). Broad-spectrum products contain multiple cannabinoids but no THC. Both types can provide an “entourage effect,” enhancing the therapeutic benefits.

2. Natural Ingredients

Just like human food, the ingredients in your dog’s treats matter significantly. Look for treats made with natural ingredients rather than artificial additives or preservatives. Here are some beneficial components:

Whole grains like oat flour or brown rice flour provide essential nutrients and fiber that support digestive health. They are also a good source of energy for active dogs.

Healthy fats are vital for maintaining your dog’s coat and skin health. Ingredients like coconut oil or peanut butter not only enhance flavor but also provide beneficial fatty acids that support overall well-being.

Incorporating fruits and vegetables into your dog’s treats can boost their nutritional value:

To make treats more appealing without resorting to artificial flavors, look for natural flavorings like chicken broth or carob (a chocolate substitute safe for dogs). These ingredients can enhance taste while keeping the treat healthy.

3. Functional Ingredients

Some treats may include additional functional ingredients designed to address specific health concerns:

These compounds are often included in joint support treats to help maintain joint health and mobility, especially in older dogs or those with arthritis.

Probiotics can promote gut health by supporting a healthy balance of bacteria in your dog’s digestive system.

Certain herbs like chamomile or ginger may offer calming effects or aid digestion. Always ensure these herbs are safe for canine consumption before choosing treats containing them.

Ingredients to Avoid

While there are many beneficial ingredients to seek out, it’s equally important to know which ones to avoid:

1. Artificial Additives

Many commercial pet treats contain artificial colors, flavors, and preservatives that can be harmful to your dog’s health. These additives may lead to allergic reactions or other health issues over time.

2. High Sugar Content

Just like humans, dogs do not need excessive sugar in their diets. Treats high in sugar can lead to obesity and dental problems.

3. Low-Quality Fillers

Avoid treats with low-quality fillers such as corn syrup or by-products that do not provide any nutritional value.

4. THC (Tetrahydrocannabinol)

Always ensure that any CBD product you choose contains less than 0.3% THC to avoid any psychoactive effects on your dog.

How to Introduce CBD Treats Safely

When introducing any new treat into your dog’s diet—especially one containing CBD—it’s essential to do so gradually:

Start Small: Begin with a small amount of the treat to see how your dog reacts.

Monitor Your Dog: Observe your dog for any adverse reactions such as changes in behavior or gastrointestinal upset.

Adjust Dosage as Needed: Depending on your dog’s size and needs, you may need to adjust the dosage over time.

Consult Your Veterinarian: Before starting any new supplement regimen, including CBD treats, consult with your veterinarian—especially if your dog has existing health conditions or is taking other medications.

Conclusion

CBD treats can be a beneficial addition to your dog’s diet when chosen carefully with attention to ingredient quality and safety. By understanding what goes into these treats—such as high-quality CBD oil, natural ingredients, functional additives—and knowing what to avoid, you can make informed decisions that support your dog’s health and well-being.

Always prioritize transparency from manufacturers regarding ingredient sourcing and product testing; this will ensure you’re providing your furry friend with safe and effective options tailored to their needs. With proper research and guidance from a veterinarian, you can confidently explore the potential benefits of CBD treats for your beloved pet while ensuring they enjoy a tasty snack that’s good for them too!