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Changing Interstate Cannabis Sales – Canna Law Blog™

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As states slowly but inevitably continue to legalize cannabis medically or recreationally, we often need to be reminded that cannabis is still illegal on the federal level. Due to this widespread, ineffective prohibition, the cannabis industry and its many operators must follow a very extensive and strict set of parameters to ensure that they remain compliant on the state level. Because cannabis is illegal federally, technically every action and transaction of the American cannabis industry is violating federal law. However, there are numerous clauses added to various federal bills in recent years that provide theoretical legal protections, which ensure fully state compliant cannabis businesses won’t face the wrath of federal authorities. That is, as long as they do remain fully state compliant.

Local legislative and litigation strategies on interstate cannabis commerce

One of the notable examples of these limitations is the legacy policy to ban interstate cannabis deliveries and sales. Regardless of what state one currently resides in — even a cannabis mecca such as California that’s entirely surrounded by legal cannabis states — it’s still against federal law to transport cannabis of any kind cultivated and sold in California across state lines. Once state lines are crossed in the commission of any offense, the transportation is an additional federal offense. It is not necessarily any more or less a federal offense than any other act in manufacturing and delivery. However, from a policy standpoint, this has always been avoided because it is one of the prohibited activities listed under the rescinded Cole memo.

Still though, this strict prohibition doesn’t stop various cannabis operators and professionals from attempting to somehow overturn the very far-reaching and decades-old federal illegality of cannabis with a single state-level lawsuit. In November of 2022, Oregon cannabis distribution company Jefferson Packing House sued a number of power state officials, everyone from then-Governor Kate Brown to Attorney General Ellen Rosenbum and even the Interim Executive Director of the Oregon Liquor and Cannabis Commission Craig Prins. The goal of this lawsuit was initially to overturn a state ban on interstate cannabis commerce based on an interpretation of the U.S. Constitution’s commerce clause.

“We recognize that marijuana is still illegal under federal law, and that this lawsuit will not change that fact,” the company said in a letter to state officials when the suit was filed. “However, we believe that the State of Oregon should be fully aligned with supporting its local marijuana industry, and therefore that Oregon law should no longer prohibit the export of marijuana to other states.”

On paper, the lawsuit sounds like the logical next step for Oregon, which passed the 2019 law Senate Bill 582,  that allows for “The Governor, or the Governor’s designee, to enter into an agreement with another state for the purpose of cross-jurisdictional coordination and enforcement of marijuana-related businesses licensed to conduct business in either this state or the other state.” In the 2019 Legislative Session, SB 582 passed by a considerable margin of 43-16.

Oregon has always certainly been progressive with their legislation, but this bill passed nearly five years ago was undeniably groundbreaking and other states have since followed suit. Even if the bill was entirely dependent upon a long held federal law being reformed by a governmental body that is stubborn towards cannabis reform at best, the bill still sent the message that legal state operators are ready for interstate operations and commerce should the federal policy change.

While the Jefferson Packing House lawsuit did have relevant pieces of prior litigation and legislation to cite, the lawsuit was voluntarily withdrawn from the United States District Court of Oregon by the Jefferson Packing House party themselves towards the end of January.

“Plaintiff Jefferson Packing House, LLC hereby provides notice of its voluntary dismissal of the above captioned matter, without prejudice.”

Partially due to the legislative weight and the all-encompassing reach of federal law and due to previous cases that proved that the commerce clause protections don’t include the hundreds of legally operating cannabis businesses due to the federal prohibition, it seems that Jefferson Packing House decided this would be the best legal course of action.

Time for a new approach

The most disheartening issue regarding interstate commerce is the lack of political will on the part of the legislatures that have legalized cannabis. The industry should not need to sue the government. The government should be treating the industry like a partner. And in particular, a partner in crime. The keys to saving the cannabis markets on the West Coast is allowing the industry to export to other markets. The Cole Memorandum, which has been completely rescinded, is an imaginary constraint. If every act is a federal crime, and the states are already deeply embedded co-conspirators, the least thing legislature could do is give the industry a fighting chance to succeed. As it stands, by not acting, the legislature has created a revolving door of failure.

Although it’s not directly related to this specific case involving Jefferson Packing House in Oregon, the Boston University Law Review published a very thought-provoking and thoroughly researched report in 2021 that criticized the federal ban on interstate cannabis commerce from a heavily legal and economic standpoint that is certainly worth reading.



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Do Psychedelic Mushrooms Have an Entourage Effect Similar to Cannabis?

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Understanding How The Entourage Effect Works In Psychedelic Mushrooms

Learn fascinating ways about how magic mushrooms work!

 

Most of us are already familiar with the entourage effect in marijuana. In essence, the entourage effect means that the therapeutic compounds in cannabis work more efficiently with one another, synergistically, to provide health benefits that are more powerful compared to when we take compounds on its own. While there are cannabis products that isolate THC and CBD, the science tells us that taking flower or full-spectrum form, where other cannabinoids and terpenes are present, are much more effective than one compound on its own.

 

The concept of the entourage effect was discovered in 1999 by none other than Raphael Mechoulam, the famous godfather of THC. Up until recently, most of what we know about the entourage effect has been limited to cannabis plants.


Now, there’s new data suggesting that the same can be observed when medicating with psychedelic mushrooms.

 

After all, psilocybin mushrooms – just like marijuana – also contain a complex array of other compounds, not just the star compound they are known for. While we do have some knowledge of how psilocybin works in the body thanks to clinical tests, keep in mind they do make use of synthesized psilocybin for research most of the time.

 

According to a recent study, psilocybin extracts may have more powerful health benefits for treating depression, OCD, anxiety, and PTSD to name a few because of the other psychoactive as well as non-psychoactive compounds in the mushroom.  “My colleagues and I are very interested in the potential of psychedelics to treat serious, treatment resistant psychiatric disorders such as depression, PTSD, OCD and even schizophrenia,” explains Bernard Lerer, study author and a psychiatry professor and director at the Hadassah BrainLabs Center for Psychedelic Research at Hebrew University.

 

“There are many anecdotal and clinical reports which suggest that extract of psilocybin-containing mushrooms may have unique effects that are qualitatively and quantitatively different from chemical psilocybin, and also some preclinical studies. This observation has important clinical implications and we wanted to test it empirically in a laboratory study,” they said. So for the study, the researchers compared naturally-derived mushroom extracts to chemically made psilocybin, with the intention of discovering whether the other compounds within the extract can provide benefits that are not found when consuming isolated psilocybin.

 

The researchers utilized male adult mice for the trials; they were divided into groups: some were given the naturally occurring mushroom extracts, while the others were given the synthetic psilocybin. Meanwhile, others were given a control solution made of saline. Additionally, the researchers analyzed the heat twitch response (HTR) assay, which is a reputable method for analyzing the impacts of psychedelics on mice. Furthermore, the researchers analyzed the mice in a molecular and biochemical level to understand any synaptic protein expressions within the brain, which are features of neuroplasticity.

 

The results were astonishing: they found that the brains of the mice who were given the naturally occurring mushroom extracts showed more significant neuroplasticity markers through the presence of synaptic proteins, specifically GAP43, SV2A, PSD95, and synaptophysin. Since these proteins are required for development, synaptic growth, and neuroplasticity, these findings suggest that naturally occurring mushroom extracts may indeed have a more powerful impact compared to psilocybin isolate.

 

“Our findings need to be confirmed in human studies but they do suggest that there may be therapeutic advantages to psilocybin-containing mushroom extract over chemically synthesized psilocybin, when both are administered at the same psilocybin dose,” explains Lerer to Psypost.

 

So Much We Need To Uncover In The World Of Mushrooms

 

When magic mushrooms are cultivated and extracted naturally, the sub metabolites of the plant remain intact, unlike the isolated versions that are synthetically produced in a laboratory since it only contains psilocybin.  There are several examples, such as the Baeocystin tryptamine, which can induce mild hallucinogenic effects. Beta-carbolines have also been discovered in psychedelic mushrooms, which can effectively help metabolize psilocin in the human body, causing a more intensive psychedelic experience.


But Why Is It Harder To Study Mushrooms Compared To Marijuana?

 

While the entourage effect of cannabis is already widely studied and better understood, the opposite is true when it comes to psychedelic mushrooms. There’s still so much we need to understand and study better; rodent studies are a start but translating them to humans is a whole other ball game. In addition, other experts have already acknowledged the challenges of identifying such impacts of the entourage effect.

 

For instance, Alan Rockefeller, a renowned mycologist who specializes in DNA sequencing as well as photography of fungi, tells Psychedelic Health: “No one really knows whether the entourage effect occurs with mushrooms.”

He goes on to elaborate the difficulties associated with studying mushrooms: “It is difficult to study because the same batch of mushrooms will have different effects in different people, and the same person on different days,” Rockefeller said. Also, it’s difficult to understand which compounds are active in a plant or mushroom, and how large the impact is for the active compounds. Researchers also need to understand the concentrations of each compound, and how different growing environments or processing can impact it.

 

“There are a dozen different tryptamines that can occur in mushrooms, plus a few beta-carbolines and hundreds of other molecules – so there is probably more than just psilocybin having an effect,” Rockefeller said. “Studying one compound at a time is hard enough, studying mixtures of hundreds of compounds is much more difficult. Without pure compounds, it is difficult to get repeatable results,” Rockefeller said. “It is possible that the therapeutic potential is different depending on the different compounds in the mushrooms. It’s also possible that psilocybin is the only thing that matters, and the other compounds are mostly inactive,” he said.


Conclusion

 

There’s so much yet that we need to know about how psychedelic mushrooms work. However, the possibilities that can be brought about by harnessing the power of the entourage effect in magic mushrooms is incredibly exciting. There is so much potential in this field that we can only truly uncover with more studies.

 

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The Dangers and Effects of THC Vape in UK

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People in the UK increasingly realize that CBD vaping is quite safe. Even NHS recommends CBD vaping as one of the relatively safer ways to quit smoking. Vaping is not without any harm, but it is much safer than tobacco smoking. Even more, CBD vaping is associated with some good health effects. However, now people are realizing that THC vape pens could be an even more potent way of enjoying CBD’s health benefits.

What is THC Vape?

If readers noticed that in the introduction of this text, we talked about CBD, there is a reason for that. THC vaping is different from CBD vaping, but not entirely. It has much in common with it.

The hemp plant is rich in many cannabinoids. Two major cannabinoids are THC (Tetrahydrocannabinol) and CBD (Cannabidiol). It also has many minor cannabinoids in smaller amounts, like CBG, CBC, CBN, THCV and CBDV. CBD vape pens generally have all these compounds except THC.

However, THC vape differ in the way that they also contain small amounts of THC along with CBD, minor cannabinoids, and other beneficial organic compounds like terpenes for added flavour and enhanced vaping experience.

So, why do some of the vape pens have added THC in small amounts? After all, THC is known to be addictive and has mind-altering properties. Well, the explanation is simple: the secret is in the dosage. In smaller and legally permitted dosages, THC does not cause a high; it is safe and can have many health benefits.

When small amounts of THC are added to CBD, minor cannabinoids, and terpenes, it results in much more powerful health benefits. That is why some of the CBD-based clinically approved drugs also contain THC.

THC vape pens may also have some distinct benefits not experienced with CBD vape pens. This is due to “the entourage effect.” The entourage effect is a bit different from synergy. Synergy is like two-plus-two equal to five, meaning that using some compounds together results in a more potent effect, yet safety is not compromised. However, the entourage effect means combining two compounds may result in some unique health benefits not seen when those compounds are used in isolation. So, the entourage effect is more powerful and unique than synergy.

Therefore, using THC vape pens means some unique health benefits, although these vape pens contain THC in small amounts.

THC Vape: The Dangers

It is no secret that THC is the main compound responsible for all side effects of the cannabis plant. This substance is addictive and, at higher dosages, causes euphoria, has potent mind-altering properties, and may cause hallucinations.

However, there is one important thing to understand. All these effects of THC are seen at much higher dosages than those in legally produced THC vape pens.

Legally produced/sold vape pens in the UK, like those by CBDoilking, do not contain THC more than 0.2%. This is significantly lower than cannabis indica or marijuana, which may contain 25% or even more THC. So, there is no comparison between legal THC vape pens and marijuana. At these small dosages, THC does not cause euphoria or other side effects and has no addictive properties. It only has mild stress-relief properties at these dosages.

Secondly, THC vape pens sold by CBDoilking follow other important UK guidelines and legal requirements, which means that THC vape pens cannot contain more than 1 mg of THC. Hence, it is not just about low concentration but also about low amounts, thus ensuring its safety.

Safe and Potent THC vape pens

THC vape pens are for health-conscious individuals who would like to vape on a regular basis. It is safe and may have beneficial effects like reduced anxiety, improved mood, and enhanced sleep, and it may also help reduce pain sensation.

THC vape pen is even better than your regular CBD vape pen for quitting smoking. This is because it is better at reducing tobacco cravings.

CBDoilking sells one of the strongest THC vape pens in the market (75-80% CBD plus CBG along with THC in permitted amounts), and yet all pens sold on the platform follow strict legal guidelines. All the products undergo third-party testing and are proven to contain THC, CBD, and other minor cannabinoids within legally permitted and safe limits.

Another good thing about CBDoilking is that these excellent THC vape pens come in many flavours. These flavours are not due to some artificial substances but rather due to their content of terpenes. Terpenes are plant-based aromatic compounds with antioxidant and anti-inflammatory properties.

CBDoilking offers vapes that are based on science, combining different natural compounds in the right ratio. This is both about safety and potency. So, these products are really good for those looking for something better, potent, and yet safe.

The Bottom Line

CBD vape pens have been around for some time, and their safety is well-established. They are an excellent way to quit smoking and also enjoy CBD’s health effects. However, some people are looking for something more potent. THC vape pens are good for such individuals. These contain all beneficial compounds present in the cannabis plant but in the right proportions.

THC vape pen is a new way to enjoy vaping. It is unlikely to cause any side effects as these products are made for regular use. Of course, one should not overdose on THC or CBD. It is important not to have more than a few puffs a day. Rare side effects like nausea or stomach issues might occur but are transient and short-lived. Such issues are rarely the cause of concern, except in a very small number of cases.

Thus, if you are looking for something better to reduce stress and overcome pain and anxiety, then a THC vape pen may be the right choice. Choosing something strong like the one offered by CBDoilking may be a good idea. Despite being strong, these vape pens contain THC only in legally permitted amounts and in concentrations proven to be safe and not cause euphoria.

To sum up, if you are already an experienced CBD vaper, it may be a good idea to give THC vaping a try.

 

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How to Buy or Sell a Cannabis Business: The Webinar Replay

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For anyone who wasn’t able to join us on April 17th, the video replay of our webinar titled “How to Buy or Sell a Cannabis Business” is now available on our website. You can view it here.

The description of this webinar is also included directly below. Enjoy!

____

On Wednesday, April 17, 2024 at 12:00 pacific time, Harris Sliwoski managing partner Vince Sliwoski (Portland), Harris Sliwoski partner Griffen Thorne (Los Angeles), and Andy Shelley of CannXperts will present a free webinar entitled “How to Buy or Sell a Cannabis Business.”

Drawing on their extensive experience from representing businesses and entrepreneurs across numerous M&A transactions, including crucial state license transfers throughout the United States, our panelists will share insights and practical wisdom from their firsthand experiences in the legal cannabis industry.

  • Crafting and understanding Letters of Intent
  • Conducting thorough Due Diligence
  • Drafting and Negotiating purchase agreements and ancillary documents
  • Navigating State-Specific Regulatory Concerns
  • Managing Escrow Challenges
  • Optimizing Financial Arrangements: Purchase Prices, Holdbacks, Earnouts
  • Tackling Post-Closing Considerations

As always, we’ll also take Q&A, so please feel free to either submit questions when registering or you will be able to ask comments in chat during the webinar.



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