Cannabis News
Did the Supreme Court Kill Cannabis Resheduling with their Chevron Case Ruling, Yes or No?
Published
3 months agoon
By
admin
Schedule III Rescheduling might have just died
As many of you know, I’ve never been a fan of rescheduling cannabis to Schedule III. It’s a half-measure that doesn’t address the core issues of prohibition, and ironically, it’s one of the few things I find myself agreeing with prohibitionists on. Who would have thought?
But here we are in 2024, and it seems the Supreme Court has just thrown a massive wrench into the whole rescheduling process. And you know what? I can’t say I’m too broken up about it. The move to Schedule III always felt more like a political stunt to me – a way for the Democrats to claim a win without actually solving the problem. It’s the kind of move that looks good on paper but does little to address the real issues facing cannabis users and the industry.
Today, we’re diving into a recent SCOTUS ruling that’s sending shockwaves through the regulatory world. It’s all about something called the Chevron doctrine – a legal principle that’s been around since the ’80s and has played a huge role in how government agencies interpret and enforce laws. The Court’s decision to overturn this doctrine has some serious implications for cannabis regulation, and specifically, for the proposed move to Schedule III.
Now, I know what some of you might be thinking: “Great! Less regulation is always better for cannabis, right?” Well, not so fast. As much as I’m not a fan of excessive regulation, this ruling might actually create more chaos and uncertainty for the cannabis industry in the short term. And let’s be real – uncertainty is the last thing this industry needs right now.
So, buckle up, folks. We’re about to take a deep dive into the world of administrative law, regulatory authority, and what it all means for the future of cannabis in America. It’s not the sexiest topic, I know, but trust me – this ruling could have a massive impact on the industry we all care about. Let’s get into it!
So, what’s this Chevron business all about? Let’s break it down.
The Chevron doctrine, named after a 1984 Supreme Court case, has been a cornerstone of administrative law for nearly four decades. In essence, it told courts to defer to federal agencies’ interpretations of ambiguous laws, as long as those interpretations were reasonable. The idea was that agencies, with their specialized expertise, were better equipped to fill in the gaps left by Congress.
But last week, the Supreme Court’s conservative majority decided to toss this longstanding principle out the window. In their ruling, they essentially said, “Nah, we don’t trust these agencies anymore. Courts should be the ones interpreting the law, not bureaucrats.”
Now, you might be wondering, “What does this have to do with weed?” Well, buckle up, because it has everything to do with it.
See, the whole process of rescheduling cannabis to Schedule III was based on the idea that the DEA and FDA had the authority to interpret and apply the Controlled Substances Act. With Chevron gone, that authority is now on shaky ground. It’s like the refs changed the rules in the middle of the game, and now everyone’s scrambling to figure out what’s legal and what’s not.
For the cannabis industry, this means the path to Schedule III just got a whole lot rockier. Before, if someone challenged the rescheduling, courts would have likely deferred to the DEA’s decision. Now? It’s open season. Any judge can look at the Controlled Substances Act and decide for themselves whether the DEA has the power to reschedule cannabis at all.
And let’s be real – the chances of Schedule III happening anytime soon just went from slim to practically non-existent. It’s like trying to hit a moving target while blindfolded and standing on one foot. Good luck with that.
But here’s where it gets really nasty. You know those anti-cannabis groups like Smart Approaches to Marijuana (SAM)? They must be dancing in the streets right now. This ruling hands them a shiny new weapon to use in the courts. They can challenge every single move towards legalization or rescheduling, arguing that agencies are overstepping their bounds.
Imagine this: Every time a state tries to implement new cannabis regulations, or the feds make any move towards loosening restrictions, SAM and their buddies can run to the courts. They’ll argue that these actions go beyond what Congress explicitly authorized. And with Chevron gone, they’ve got a much better shot at winning these cases or at least tying things up in the legal system for years.
It’s like giving prohibitionists a legal sledgehammer. They can use it to smash any progress we’ve made, all while claiming they’re just upholding the “true meaning” of the law.
So, while the death of Chevron might sound like some dry legal mumbo-jumbo, it’s actually a game-changer for cannabis policy. And not in a good way. We’re in for a bumpy ride, folks.
Alright, I know I’ve been painting a pretty grim picture here, but hear me out – there might actually be a silver lining to this whole mess. And it’s a big one.
Let’s be real for a second: Schedule III was never the promised land we were hoping for. Sure, it sounded nice on paper, but in reality? It was just handing cannabis over to Big Pharma on a silver platter. It wouldn’t have legalized weed for the average Joe – it would have just made it easier for pharmaceutical companies to profit off it while the rest of us still faced legal risks.
So here’s the twist: with Schedule III now stuck in legal limbo thanks to the Chevron ruling, and with groups like SAM chomping at the bit to challenge every little move, we might actually have a shot at something better. I’m talking about full legalization or complete removal from the Controlled Substances Act. Yeah, you heard that right.
Now, I’m not saying it’ll happen overnight. We’re probably looking at years of legal battles and political maneuvering. But here’s the thing: the regulatory nightmare created by ditching the Chevron doctrine could take even longer to sort out. So in a weird way, this chaos might force Congress to finally step up and do something decisive.
Let’s not forget, Congress is the reason we’re in this mess in the first place. They enacted the CSA over 50 years ago based on a bunch of faulty narratives and racist fearmongering. And we’ve been paying the price ever since. But now? They might not have a choice but to fix their mistake.
The truth is, to really solve this problem, Congress needs to legalize cannabis at the federal level. That’s where the real battle is going to happen, folks. And if you ask me, it’s high time for cannabis companies to band together and start lobbying hard for this. We’re talking about forming a united front, pooling resources, and making our voices heard in the halls of power.
Because let’s face it – the current state of affairs, including this whole Schedule III business, doesn’t serve the best interests of the people. It’s a half-measure at best, and at worst, it’s a way to keep control in the hands of big corporations and government agencies.
So yeah, it might seem counterintuitive, but this Supreme Court decision could actually be the first domino to fall in the path towards real, meaningful legalization. Not this phony Schedule III Big Pharma dream, but actual freedom for cannabis users and small businesses.
It’s going to be a long, hard fight. But for the first time in a while, I’m feeling optimistic in a manner of speaking. This could be our chance to push for what we really want, not just settle for what the government is willing to give us. So let’s roll up our sleeves and get to work. The real battle for cannabis freedom is just beginning.
Alright, folks, let’s cut to the chase. It’s time to get off our collective asses and do something about this mess. The days of sitting back and hoping for change are over. We need to start making some noise.
First things first: start talking to your representatives. I mean really talking to them, not just firing off a quick email. Educate them, and while you’re at it, educate your friends, family, and anyone who’ll listen. It’s time to undo these dangerous prohibition policies that have been screwing us over for decades.
And let’s think bigger. The Controlled Substances Act isn’t just flawed when it comes to cannabis – it’s a hot mess across the board. It’s not based on science, it’s not helping public health, and it’s only benefiting a select few. I say it’s time we renegotiate the whole damn thing.
Now, I know what you’re thinking. “But it’s an election year!” You’re right, and realistically, nothing major is going to happen on the federal level until after the dust settles. But that doesn’t mean we can’t start laying the groundwork.
Come 2025, it’s time to become full-fledged activists. I want you calling your representatives so much their ears start bleeding. Make it impossible for them to ignore us. Let them know in no uncertain terms that we want cannabis completely legal, not this half-assed rescheduling nonsense.
And don’t let up. The support for legalization is growing every day. Make sure they know that. Make sure they understand that this isn’t just about getting high – it’s about personal freedom, medical access, criminal justice reform, and economic opportunity.
As for me? Well, you know I’m not going anywhere. I’ll keep doing what I do best – exposing the government’s shitfuckery and educating people on how we can fight back. I’ll keep shining a light on the hypocrisy, the lies, and the special interests that are keeping cannabis illegal.
But I can’t do it alone. This is a fight we all need to be in. So get informed, get angry, and most importantly, get active. The path to legalization isn’t going to be easy, but nothing worth fighting for ever is.
Remember, change doesn’t come from the top down – it comes from the bottom up. And right now, we’re the bottom pushing up against decades of bullshit. So let’s push hard, let’s push together, and let’s not stop until we get the legalization we deserve.
The sticky bottom line? The future of cannabis is in our hands. Let’s not fuck it up.
SOURCE: Marijuana Moment
MORE ON THE SCOTUS CHEVRON RULING, READ BELOW…
HOW DID A COURT CASE AGAINST CHEVRON WRECK THE WEED INDUSTRY?
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How Do You Stop Lab-Shopping for the Highest THC Results?
Published
11 hours agoon
December 24, 2024By
admin
In a decisive move aimed at bolstering consumer safety and ensuring the integrity of cannabis products, Massachusetts regulators have mandated that all cannabis products must undergo testing at a single, licensed laboratory. This new regulation comes in response to the growing issue of “lab shopping,” where cannabis producers seek favorable testing results by sending their products to multiple laboratories. The Massachusetts Cannabis Control Commission (CCC) announced this significant regulatory change after extensive consultations with industry stakeholders, public health officials, and consumer advocates.
This article explores the implications of this regulation for the cannabis industry, consumers, and public health. It also examines the broader context of cannabis regulation in Massachusetts and the potential impact of this decision on the future of the state’s cannabis market.
Understanding Lab Shopping
What is Lab Shopping?
Lab shopping refers to the practice where cannabis producers send their products to various testing laboratories in search of the most favorable results. Producers may choose labs based on their reputation for leniency or their history of providing positive results. This behavior can lead to significant discrepancies in product safety assessments and quality assurance.
The Risks Associated with Lab Shopping
1. Consumer Health Risks: The primary concern surrounding lab shopping is the potential risk it poses to consumer health. Inconsistent testing results mean that products containing harmful contaminants—such as pesticides, heavy metals, or mold—may be sold without proper scrutiny. This can lead to serious health issues for consumers who unknowingly purchase tainted products.
2. Market Integrity: Lab shopping undermines the integrity of the legal cannabis market. When consumers cannot trust that products have been tested rigorously and uniformly, it erodes confidence in legal cannabis sales and can drive customers back to illicit markets where safety standards are nonexistent.
3. Regulatory Challenges: For regulators like the CCC, lab shopping complicates enforcement efforts. It becomes increasingly difficult to monitor compliance when producers can easily switch labs to obtain favorable results, making it challenging to ensure that all products meet established safety standards.
The Regulatory Response
The Role of the Cannabis Control Commission (CCC)
The Massachusetts Cannabis Control Commission is tasked with regulating the state’s cannabis industry. As part of its mandate, the CCC has worked diligently to establish a comprehensive regulatory framework that governs various aspects of cannabis production and sale. However, as the industry has evolved, so too have the challenges associated with ensuring product safety and quality.
In light of growing concerns about lab shopping and its implications for public health and safety, the CCC recognized the need for a more robust regulatory framework. After extensive discussions with industry stakeholders and public health officials, the commission concluded that a single-lab testing requirement was necessary to address these issues effectively.
Implementation of Single-Lab Testing
In late 2023, following thorough deliberation and stakeholder engagement, the CCC announced its new regulation mandating that all cannabis products must be tested by a single licensed laboratory before they can be sold to consumers. This decision aims to achieve several key objectives:
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Standardize Testing Protocols: By requiring that all products be tested by a single lab, regulators can ensure that all products are subject to consistent testing standards. This uniformity is crucial for maintaining product quality and safety across the market.
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Enhance Accountability: A single-lab requirement makes it easier for regulators to hold laboratories accountable for their testing practices. If discrepancies arise in testing results, it will be clear which laboratory conducted the tests, facilitating more straightforward investigations.
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Improve Consumer Confidence: With consistent testing results across all products, consumers can feel more secure in their purchases. This increased confidence is vital for fostering a healthy legal cannabis market in Massachusetts.
Implications of Single-Lab Testing
For Producers
1. Increased Accountability: Producers will need to establish relationships with specific laboratories and ensure that their products meet stringent quality standards before submission for testing. This shift will require producers to invest more in quality control measures throughout their production processes.
2. Potential Cost Implications: While single-lab testing may streamline processes for some producers, it could also lead to increased costs if producers are required to pay higher fees for comprehensive testing services. Smaller producers may find it particularly challenging to absorb these costs.
3. Adaptation Period: Producers will need time to adjust their operations and supply chains to comply with this new regulation. This may involve reevaluating partnerships with existing labs or investing in new quality control measures.
4. Impact on Product Development: The requirement for single-lab testing may also influence how producers develop new products. With fewer laboratories available for testing, producers may need to plan their product launches more carefully and allow additional time for testing processes.
For Laboratories
1. Increased Demand for Services: Licensed laboratories may experience an increase in demand as producers consolidate their testing needs with fewer facilities. This could lead to higher revenues for labs but also increased pressure on them to maintain high-quality standards amidst growing workloads.
2. Need for Enhanced Capabilities: Laboratories will need to ensure they have the capacity and technology necessary to handle increased volumes of samples while maintaining rigorous quality control measures. This may require investments in new equipment or hiring additional staff.
3. Regulatory Compliance: Laboratories will face heightened scrutiny from regulators as they become key players in ensuring product safety. They will need to demonstrate compliance with all relevant regulations and maintain transparent practices regarding their testing methodologies.
For Consumers
1. Improved Product Safety: The primary benefit for consumers is enhanced safety assurance. With standardized testing protocols in place, consumers can trust that cannabis products have been thoroughly vetted for contaminants and potency before reaching store shelves.
2. Greater Transparency: As part of this regulatory shift, there may be increased transparency regarding testing results and laboratory practices. Consumers will have access to clearer information about what goes into their cannabis products, empowering them to make informed choices.
3. Potential Price Increases: While improved safety is paramount, there is a possibility that compliance costs could be passed on to consumers through higher prices for cannabis products. Producers may need to adjust their pricing structures in response to increased operational costs associated with single-lab testing.
Cannabis Regulation in Massachusetts
Historical Overview
Massachusetts was one of the first states in New England to legalize recreational cannabis use following the passage of Question 4 in 2016. The legalization marked a significant shift in public policy and opened up a new economic sector within the state. However, as with any emerging industry, challenges quickly arose—particularly concerning product safety and quality assurance.
Existing Regulatory Framework
Prior to the introduction of single-lab testing regulations, Massachusetts had established a comprehensive regulatory framework governing various aspects of cannabis production and sale:
Despite these measures, lab shopping highlighted gaps in enforcement and compliance that necessitated further action from regulators.
Industry Reactions
Support from Public Health Advocates
Public health advocates have largely welcomed the CCC’s decision to implement single-lab testing as a crucial step toward safeguarding public health by ensuring that all cannabis products meet consistent safety standards. Many believe this regulation will help prevent contaminated or substandard products from reaching consumers while bolstering trust in legal cannabis sales.
Dr. Emily Thompson, a public health expert at Harvard University, stated, “This regulation is essential for protecting consumers from potential health risks associated with contaminated cannabis products.”
Concerns from Industry Stakeholders
Conversely, some industry stakeholders have expressed concerns about potential drawbacks:
1. Operational Challenges: Smaller producers may find it difficult to navigate relationships with larger laboratories or face delays in getting their products tested due to increased demand at those facilities.
2. Innovation Stifling: Critics argue that requiring single-lab testing could stifle innovation within the industry by limiting producers’ options for exploring different testing methodologies or technologies offered by various labs.
3. Market Dynamics: There are worries that this regulation could create monopolistic tendencies within laboratory services if only a few labs dominate the market due to increased demand from producers seeking reliable test results.
4. Impact on Small Businesses: Small-scale cultivators might struggle more than larger companies due to limited resources and access to high-quality labs capable of meeting stringent requirements without significantly raising costs.
Future Outlook
As Massachusetts implements this new regulation mandating single-lab testing for all cannabis products sold within its borders, it sets an important precedent that other states may consider as they navigate similar challenges within their own burgeoning cannabis markets.
Potential National Implications
The decision by Massachusetts regulators could influence national discussions around cannabis regulation as other states look toward creating frameworks that prioritize consumer safety while fostering industry growth:
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Increased Interest from Other States: States grappling with similar issues related to lab shopping may look closely at Massachusetts’ approach as they develop their own regulations.
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Collaboration Among States: As states continue legalizing recreational marijuana use across the country, there may be opportunities for collaboration on best practices regarding product safety standards and laboratory oversight.
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Federal Considerations: With ongoing discussions about federal legalization of marijuana gaining traction nationally—especially amid shifting political landscapes—regulatory models like those emerging from Massachusetts could serve as templates for future federal guidelines governing cannabis production and sale across state lines.
Conclusion
The Massachusetts Cannabis Control Commission’s mandate for single-lab testing represents a pivotal shift in evaluating cannabis products for safety and quality assurance within one of the nation’s most dynamic legal marijuana markets. By targeting the issue of lab shopping, this regulation prioritizes consumer protection, aiming to enhance public health outcomes and rebuild confidence in the safety of legalized cannabis products. While the transition poses challenges for producers adapting operational processes and laboratories scaling their capabilities, the regulation seeks to balance fostering innovation in an evolving industry with rigorous oversight mechanisms. As Massachusetts refines its regulatory framework, balancing the interests of regulators and profit-driven stakeholders, collaboration will be essential to thriving under these new guidelines. This change not only advances the state’s cannabis sector but also sets a potential standard for other states to ensure safe consumption and responsible business practices in the growing marijuana industry.
LAB SHOPPING FOR HIGH THC RESULTS? READ ON…
Cannabis News
Happy Holidays from The Canna Law Blog
Published
12 hours agoon
December 24, 2024By
admin
Wishing all of our readers, along with friends and families, the very best this holiday season.
Whether you celebrate Hanukkah, Christmas, Kwanzaa, Winter Solstice, Festivus, or something else, we hope you can kick back and enjoy this wonderful time of the year.
The post Happy Holidays from The Canna Law Blog appeared first on Harris Sliwoski LLP.
Cannabis News
5 Cannabis Christmas Recipes to Try This Holiday Season at Home or the Office Party!
Published
2 days agoon
December 23, 2024By
admin
Ah yes, it’s that magical time of year again when Ganja Clause slides down the chimney to visit all the good little stoners. The lights are twinkling, the fire is crackling, and the sweet aroma of cannabis-infused treats fills the air. As someone who’s spent years experimenting with cannabis cuisine, I’ve learned that the holidays present the perfect opportunity to elevate traditional recipes to new heights.
To help make your holidaze more “dazey,” I’ve crafted five festive recipes that combine seasonal favorites with our favorite herb. These dishes aren’t just about getting high – they’re about creating memorable experiences and new traditions. But before we dive in, I need to emphasize something crucial: dosing is always important, and you should NEVER give these recipes to anyone without their explicit consent. While sharing is caring, tricking someone into consuming cannabis is not only unethical but potentially illegal. Always clearly label your infused treats and keep them safely away from children and unsuspecting guests.
With those important notes out of the way, let’s get into these magical recipes that will make your holiday season extra special.
Look, we all know eggnog is a holiday staple, but why not kick it up a notch? This cannabis-infused version will have you feeling jolly in no time. Just remember – this isn’t your grandma’s recipe (unless your grandma is really cool).
What You’ll Need:
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4 cups milk (or non-dairy alternative if that’s your jam)
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1 cup heavy cream (or coconut cream for you plant-based folks)
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6 egg yolks (fresh is best, trust me)
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1/2 cup sugar
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1 tsp vanilla extract
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1/2 tsp ground nutmeg
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1 tbsp cannabis tincture or cannabis-infused syrup
The Magic Process:
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Start by heating your milk and cream in a saucepan. You want it hot but not boiling – we’re making eggnog, not scrambled eggs.
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In a separate bowl, whisk those egg yolks, sugar, and vanilla until they’re well combined and looking smooth.
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Here’s the tricky part: slowly (and I mean SLOWLY) add the hot milk mixture to your egg mixture while whisking constantly. If you dump it all in at once, you’ll end up with sweet scrambled eggs, and nobody wants that.
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Pour everything back into your saucepan and cook over medium heat, stirring constantly until it thickens enough to coat the back of a spoon.
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Remove from heat, stir in that nutmeg, and let it cool a bit before adding your cannabis tincture or syrup.
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Chill thoroughly before serving.
Pro tip: Start with a small serving – this stuff can creep up on you!
Want to elevate your holiday meal? This gravy will take your feast to new heights. It’s perfect for drowning those mashed potatoes or smothering that turkey.
The Goods:
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2 cups chicken or vegetable stock
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1/4 cup all-purpose flour
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1/4 cup cannabis butter (cannabutter)
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1/2 tsp salt
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1/4 tsp black pepper
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1 tbsp chopped fresh herbs (thyme or rosemary work great)
The How-To:
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Melt your cannabutter over medium heat in a saucepan. Watch it carefully – burnt butter is not the vibe we’re going for.
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Whisk in the flour to create your roux. Cook it for about 1-2 minutes to get rid of that raw flour taste.
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Now, slowly pour in your stock while whisking like your life depends on it. No lumps allowed!
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Add your seasonings and herbs.
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Keep stirring and simmering until it reaches your desired thickness.
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Taste and adjust seasonings if needed (before you get too lifted).
Remember: Label this clearly! You don’t want Aunt Martha accidentally pouring this all over her plate without knowing what’s up.
Forget that canned stuff – this homemade cranberry sauce with a special twist will have everyone at the table asking for seconds (though you might want to limit them to just one serving).
The Ingredients:
Getting Saucy:
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Toss your cranberries, OJ, and sugar into a saucepan over medium heat.
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Let it cook until those cranberries start popping like tiny little fireworks (about 10 minutes).
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Once it’s thickened up nicely, remove from heat.
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Here comes the fun part – stir in your cannabis-infused honey or tincture.
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Let it cool completely before serving.
Pro tip: Make two batches – one regular and one infused. Just make sure to label them clearly!
These aren’t your regular sweet potatoes – they’re elevated sweet potatoes. Perfect for getting baked while getting baked.
What You Need:
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4 large sweet potatoes
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1/2 cup cannabis butter (cannabutter)
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1/4 cup brown sugar
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1 tsp ground cinnamon
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1/2 tsp ground nutmeg
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Salt to taste
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Marshmallows (optional, but highly recommended)
The Method:
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Preheat your oven to 375°F (190°C).
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Bake those sweet potatoes until they’re tender (about an hour).
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Once they’re cool enough to handle, peel and mash them up.
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Mix in your cannabutter, brown sugar, and spices.
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Transfer to a baking dish.
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If you’re feeling extra, top with marshmallows.
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Bake for another 20-30 minutes until everything’s golden brown and gorgeous.
Warning: These are dangerously delicious – pace yourself!
This warm, spicy cider will lift your spirits in more ways than one. Perfect for those chilly winter nights.
The Essentials:
The Process:
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Pour your cider into a large pot.
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Add your cinnamon sticks, cloves, and orange slices.
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Heat until it just starts to bubble, then reduce to a simmer.
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Add your cannabis-infused maple syrup (or add tincture to individual cups for controlled dosing).
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Let everything mingle and get cozy for about 20 minutes.
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Serve it up warm with an orange slice or cinnamon stick garnish.
Pro tip: Keep a non-infused batch warming for designated drivers and non-partaking guests.
Remember folks, the key to a successful Dankmas feast is clear labeling and careful dosing. Nothing ruins a holiday gathering quite like someone getting unexpectedly zooted. Happy cooking, and may your holidays be dank and delightful!
There you have it, folks – five unique ways to spice up your Dankmas traditions and make the season truly memorable. As someone who’s hosted many cannabis-friendly holiday gatherings, I can’t stress enough the importance of starting slow with these recipes. Edibles can take anywhere from 30 minutes to two hours to fully kick in, and you definitely don’t want to overdo it during family dinner. I strongly recommend doing a test run with different dosages before the big day to find your sweet spot.
What I love most about these recipes is that they offer a fantastic alternative for those looking to skip the traditional alcohol-heavy holiday celebrations. Cannabis provides a more natural way to unwind and connect with loved ones during this special time of year. Plus, you won’t have to worry about a hangover the next morning!
Remember to celebrate responsibly, be open about what’s infused and what isn’t, and most importantly, enjoy the magic of the season. Happy Dankmas to all, and to all a good height!
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