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Is It Legal, or Not? What to Make of All These DEA “Position” Letters

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The Drug Enforcement Administration (DEA) seems happy to respond to public and private parties inquiring about the control status of various substances. DEA answers some of these inquiries more quickly than others, and the response letters are usually short and to the point. The letters typically come from the desk of Terrence L. Boos, Ph.D., Chief of the Drug & Chemical Evaluation Section. They often contain helpful diagrams of the chemical structures at issue, just above the signature blocks.

Last month, my colleague Griffen Thorne touched on one of these letters, which covered THCA. The title of that article was “Bad News for Intoxicating Hemp Products.” As you might infer, the letter concluded that hemp-derived THCA is a schedule I controlled substance, notwithstanding purported “loopholes” of the 2018 Farm Bill.

This blog post will not analyze whether DEA got it right or wrong in any of the recent letters. Instead, I’m going to talk about what the letters mean more generally, and how we should “weight” them. For context, below is a list of the letters I’m talking about, going back three years or so:

I may have forgotten or missed one or two recent letters. If that’s the case, feel free to drop me a line, or give me the business in the comments.

Anyway, the question for today is: “how much weight should we ascribe to these position letters from DEA? What are the legal ramifications of DEA writing these things?” The simplest answer I can give is that DEA’s views should be given significant weight. Relatively speaking, DEA’s pronouncements are a lot more authoritative than the pronouncements of someone like me, but less authoritative than those of a court.

To illustrate:

  • On February 16, 2024, I opined that THCA is not legal under federal law. What I think doesn’t matter, really, because I’m not in charge of anything. I’m just a lawyer who has studied these things. Other professional people (including friends of my law firm) have reached the opposite conclusion on THCA. Doesn’t matter.
  • On May 13, 2024, DEA opined that THCA is not legal under federal law. This is the same conclusion I had reached a few months prior. It doesn’t mean I was “right,” though. This is because DEA could also be wrong (and has been wrong before). Same with yours truly.
  • Someday, DEA might arrest someone for selling THCA products, in accordance with DEA’s position set forth in the May 13, 2024 letter. That person could fight back in court, arguing that DEA is wrong to consider THCA products controlled. A court would probably consider DEA’s views authoritative, to an extent, and grant those views some deference. It’s still possible that a court could rule against DEA, however. It wouldn’t be the first time.

A sort of narrower, more academic question might be: “are these DEA letters more or less authoritative than ‘interpretive rules’ by DEA on similar questions?” (To give you a flavor of what I’m talking about, here’s an interpretive rule from 2001, regarding THC products in schedule I.)

In my view, the answer to that question should be “no, these recent DEA letters aren’t more or less authoritative than interpretive rules.” This is because unlike proposed rules, interpretive rules are not binding. They don’t have the force of law, and they don’t require notice under 5 U.S.C. 553. Instead, interpretive rules are just DEA’s opinions on the record. They are like the spate of letters referenced above, all gussied up.

But, let’s get back to the question of DEA undertaking enforcement action, per its position in one of these letters. That’s what most people really care about!

A long time ago, I wrote a blog post called “Are CBD Food and Drinks Really Not Legal? Really?” In that post, I explored a similar question in the context of another agency, the Food and Drug Administration. The FDA took a position, outside of rulemaking, on the legality of CBD in food and beverages upon the release of the 2018 Farm Bill. I wrote in that post:

Someone could (and might) sue FDA if FDA were to take an enforcement action based solely on the fact that a food or beverage product containing Farm Bill hemp-CBD were sold in commerce. Would they win? I’m guessing not. But the question for the courts would be what level of deference to afford FDA, and the law is somewhat unclear on that today. Some commentators believe that Congress needs to clarify the issue, arising from a line of cases known as Chevron and Mead….

The Chevron and Mead cases have been around forever. Federal courts have used them for nearly 40 years and in more than 18,000 judicial opinions, to defer to an agency’s “reasonable interpretation of an ambiguous statute.” I’m sure agencies like FDA and DEA appreciate Chevron deference quite a lot. Recently, however, the doctrine has been challenged by a pair of pending cases before the U.S. Supreme Court. I don’t mean to be dramatic, but we should get a decision on those cases any day.

If the Supreme Court discards or weakens Chevron deference, the DEA letters would lose a bit of authority in my view. That said, the letters would still serve as valuable industry benchmarks, and remain more authoritative than opinions of someone like me, or anyone short of a federal court.

Things to watch for next are:

  1. what the U.S. Supreme Court does in the above-mentioned cases;
  2. what Congress does in any 2024 Farm Bill; and
  3. what enforcement actions DEA takes, if any, on the substances it believes are controlled.

For now, I’m happy that DEA is willing to share its positions as a pen pal to industry, eschewing the stuffy rulemaking process for every minor cannabinoid (and magic mushroom spore). I also think that, notwithstanding the fact that people are e.g. selling THCA everywhere, folks should pay close attention to DEA’s reading of the law on these things. The Administration will get it right more often than not.

And even when not, being the test case is no fun at all.



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We Have No More Room for All This Weed!

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no more room for confiscated cannabis

New York City deputy sheriffs have confiscated so much illegal marijuana that they are struggling to find storage space, according to the Daily News. New York legalized recreational cannabis in 2021, and since then a plethora of illegal, unlicensed shops have been opened across the state.

 

“We were seizing more than we could store, so we began using different offices,” Ingrid Simonovic, president of the New York City Deputy Sheriff’s Association, told the outlet.

 

In May, Mayor Eric Adams launched “Operation Padlock to Protect,” a sustained multi-agency effort to shut down illegal smoke and cannabis shops across the city’s five boroughs. In the first week alone, dozens of illicit smoke stores were closed.

 

What is it All About

 

When it started, the Sheriff’s Office kept the cannabis in six 20-foot shipping containers with little ventilation at an indoor parking garage at their Long Island City offices. However, they quickly ran out of space.

 

“We’re seizing marijuana, but we have no idea where it’s coming from,” a former deputy sheriff who used to process cannabis and other evidence told the outlet. “To be frank, there’s something wrong with this marijuana. This isn’t the marijuana from the old days. It smells different. It’s very strong.”

 

Officers responsible for handling the evidence from cannabis seizures complained of being overwhelmed by the smell and even feeling ill, according to union officials.

 

“It got to the point that my clothes smelled like marijuana,” the former employee said. “It smelled like I smoked weed all the time. My sweat started to smell like marijuana.”

 

In December 2022, complaints about the improper storage of the seized cannabis were raised, criticising New York City Sheriff Anthony Miranda. Concerns about poor ventilation and health issues were brought to the Public Employee Safety and Health Bureau, which conducted an inspection, as per court documents reported by the Daily News. The results of the inspection were not disclosed.

 

Union officials documented health issues among deputies, including “really strong headaches,” in labor complaints.

 

Some of the seized marijuana, vapes, and liquid nicotine were then stored in a warehouse in Brooklyn, where workers also complained about the smell due to poor ventilation.

 

According to the former deputy sheriff, they ended up placing seized cannabis in random offices and later in unlocked marked and unmarked vehicles. “It was just being put everywhere.”

 

Next Steps

 

A City Hall spokesperson stated that the Sheriff’s Office and Task Force have “worked to standardize the process of vouchering and storing evidence, and have made significant improvements, including numerous security upgrades, installation of a new air ventilation system, and other facility enhancements.”

 

She added that under Sheriff Miranda’s leadership, the Task Force shut down more than 400 illegal pot stores in just over a month. “The Sheriff’s Office will continue to follow best practices in all its operations as it works to protect working-class New Yorkers.”

 

Meanwhile, “Operation Padlock to Protect” is facing legal challenges from 27 closed cannabis shops. Affected business owners are claiming the crackdown is unconstitutional and have filed a class action lawsuit.

 

Storage Solutions and Facility Improvements

 

As the storage issue worsened, some of the seized marijuana, vapes, and liquid nicotine were relocated to a warehouse in Brooklyn. However, workers there also complained about the pervasive smell due to poor ventilation. This prompted further action to address the storage challenges.

 

A City Hall spokesperson stated that the Sheriff’s Office and Task Force have “worked to standardize the process of vouchering and storing evidence, and have made significant improvements, including numerous security upgrades, installation of a new air ventilation system, and other facility enhancements.” These upgrades were aimed at ensuring the proper handling and storage of seized cannabis to mitigate health risks and improve working conditions for officers.

 

Despite these efforts, the volume of confiscated marijuana continued to outpace available storage. The former deputy sheriff revealed that, in desperation, seized cannabis was placed in random offices and later in unlocked marked and unmarked vehicles. “It was just being put everywhere,” he said, highlighting the ongoing struggle to manage the influx of illegal substances.

 

Under Sheriff Miranda’s leadership, the Task Force has been proactive in shutting down illegal pot stores, closing more than 400 in just over a month. However, the challenge of managing the seized cannabis remains a pressing issue, necessitating continuous improvements in storage solutions and facility management.

 

Public and Legal Response

 

The difficulty the New York City Sheriff’s Office is having keeping seized marijuana in storage has provoked a variety of public responses and legal challenges. While some citizens applaud the vigorous enforcement efforts under “Operation Padlock to Protect,” which aims to shut down illegal cannabis operations throughout the city, others are worried about the real-world ramifications and unintended consequences of these actions. The sheer volume of seized marijuana has forced the office to resort to improvised storage, including stuffing substances into various cars and offices, raising concerns about deputies and the general public’s health and safety.

 

In affected neighborhoods, where illegal smoke and cannabis shops have been targeted, opinions are divided. Some residents applaud the crackdown as a step towards improving community safety and reducing illicit drug activities. They see the closure of these establishments as a positive measure to reclaim public spaces and reduce criminal activity associated with illegal marijuana sales. However, others criticize the handling of seized substances, citing issues such as inadequate storage facilities leading to pervasive odors and potential health risks.

 

Legally, “Operation Padlock to Protect” faces significant challenges. Owners of the closed cannabis shops have filed a class action lawsuit, arguing that the enforcement actions infringe upon their constitutional rights. Their legal challenge questions the legality and proportionality of the crackdown, potentially setting precedents for future law enforcement strategies and cannabis regulations in New York City. The outcome of these legal proceedings will likely influence how similar operations are conducted in the future, balancing law enforcement objectives with civil liberties and community concerns.

 

Bottom Line

 

The challenges faced by the New York City Sheriff’s Office in storing seized marijuana highlight the complexities of enforcing cannabis laws in a densely populated urban environment. While efforts under “Operation Padlock to Protect” aim to enhance public safety by cracking down on illegal cannabis sales, logistical issues with storage and handling have raised significant health concerns among deputies and community members. The ongoing legal battles underscore the contentious nature of these enforcement actions, with implications for both law enforcement practices and civil liberties in the city. As efforts continue to improve storage facilities and address community feedback, the outcome of these challenges will shape future approaches to cannabis regulation and enforcement across New York City.

 

NEW YORK GOES GREEN, READ ON…

NEW YORK LEGALIZES RECREATIONAL CANNABIS

AYE OH, NEW YORK LEGALIZES RECREATIONAL CANNABIS!



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How Do You Get the Weed Smell Out of Your Car Fast? (Yes, Roll Down Your Windows to Start…)

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weed smell out of car

The unmistakable smell of weed can linger in your car long after you’ve finished smoking, creating an uncomfortable environment and potentially raising unwanted attention from passengers, law enforcement, or even colleagues. This lingering odor can be particularly problematic if you share your vehicle with others or use it for professional purposes. Whether you’re dealing with the residual scent after a road trip, an occasional smoke session, perhaps you hide cannabis in your car somewhere, or simply want to maintain a fresh-smelling car for your daily commute, addressing this issue promptly is essential. Fortunately, there are several effective methods to eliminate weed smell from your vehicle. This article provides a detailed, step-by-step guide to removing the odor, ensuring your car smells clean and fresh, and allowing you to drive with confidence and peace of mind.

Understanding that Weed Smells

Before diving into the solutions, it’s essential to understand why the smell of weed is so persistent. Understanding why weed smells persistently is key to eliminating it effectively. Cannabis contains compounds called terpenes, responsible for its distinctive aroma. When smoked, these terpenes, along with other combustion byproducts, cling to surfaces and fabrics in your car, making the smell difficult to remove.

Terpenes are highly volatile, spreading quickly and permeating the car’s interior. Smoke from cannabis contains a mix of volatile organic compounds (VOCs), resins, and particulate matter, all contributing to the strong odor. Fabrics, upholstery, leather, and plastic inside a car can trap these particles, with fabrics being particularly prone to absorbing and holding odors deeply.

Steps to Remove Weed Smell from Your Car

 1. Immediate Actions:

The first step in eliminating weed smell is to take immediate actions that prevent the odor from settling deeply into your car’s fabrics and surfaces.

Open all windows and doors to allow fresh air into the car. If possible, park in a well-ventilated area or a location with a good breeze.

  • Remove Source of the Smell: Discard any remaining weed, roaches, or ash properly. Empty the car ashtray and dispose of any related paraphernalia.

 2. Deep Cleaning the Interior:

A thorough cleaning of your car’s interior is crucial for removing embedded odors. You can deep clean your car by doing the following:

  • Vacuum All Surfaces: Use a vacuum cleaner to thoroughly clean seats, carpets, and floor mats. Pay special attention to crevices and and-to-reach areas where ash and particles may have settled.

  • Clean Hard Surfaces: Wipe down all hard surfaces such as the dashboard, console, and doors with a mixture of water and vinegar or an all-purpose cleaner. Ensure you clean vents and any plastic surfaces where smoke may have settled.

  • Shampoo Upholstery and Carpets: Use a carpet and upholstery cleaner to deep clean fabric surfaces. You can Consider renting a steam cleaner for a more effective clean.

 3. Odor Neutralizers:

After cleaning, use odor-neutralizing agents to remove any remaining smells. Such as:

  • Baking Soda: Sprinkle baking soda on carpets and seats, let it sit for several hours or overnight, and then vacuum it up. Baking soda is known for its odor-absorbing properties.

  • Activated Charcoal: Place bowls of activated charcoal in your can for a few days. Activated charcoal is highly effective at absorbing odors.

  • White Vinegar: Place a bowl of white vinegar in the car overnight. Vinegar is  a natural deodorizer that can help neutralize strong odors.

 4. Air Fresheners and Odor Eliminators:

Use products specifically designed to eliminate and freshen the air. Products such as:

  • Odor-Eliminating Sprays: Use sprays that are designed to neutralize odors, rather than just mask them. Look for products with enzymes that break down odor molecules.

  • Car Air Fresheners: Install a car air freshener to maintain a pleasant scent. Opt for ones with strong, long-lasting fragrances.

 5. Professional Cleaning Options: For persistent odors, professional cleaning services may be necessary. Such professional cleaning may include

  • Detailing Services: Hire a professional car detailing service. Detailers have specialized equipment and cleaning agents to thoroughly clean and deodorize your car.

  • Ozone Treatment: Consider an ozone treatment, which uses ozone gas to neutralize odors at a molecular level. This is a highly effective method for eliminating strong smells.

Preventive Measures

Once you’ve successfully eliminated the weed smell from your car, implementing preventive measures is crucial to maintaining a fresh and clean environment. Here are some effective strategies to keep your car smelling pleasant and odor-free:

  • Smoke Outside the Car: The most straightforward way to prevent weed smell in your car is to avoid smoking inside it altogether. If you must smoke, do so outside and away from the vehicle. This simple habit can significantly reduce the chances of odors permeating the car’s interior and clinging to fabrics and surfaces.

  • Use a Car Air Purifier: Investing in a high-quality car air purifier can make a significant difference in maintaining clean and fresh air inside your vehicle. These devices work by continuously filtering and purifying the air, removing not only weed odor but also other unpleasant smells and airborne particles. Look for purifiers with activated carbon filters, as they are particularly effective at neutralizing strong odors.

  • Regular Cleaning: Establishing a regular cleaning routine for your car is essential in preventing odors from building up over time. Make it a habit to vacuum the interior frequently, paying special attention to the seats, carpets, and floor mats where odors can easily become trapped. Wipe down all surfaces with a suitable cleaner to remove any residue that could contribute to lingering smells. Additionally, consider using odor-neutralizing products, such as sprays or sachets, to keep the air fresh between cleanings.

  • Ventilation: Ensure that your car is well-ventilated by opening windows or sunroofs periodically, especially after smoking. Allowing fresh air to circulate can help dissipate any lingering odors and keep the interior environment fresh.

 

  • Storage of Smoking Accessories: If you carry smoking accessories such as pipes, rolling papers, or lighters in your car, make sure they are stored in airtight containers. This can prevent residual smells from escaping and permeating the car’s interior.

  • Use of Odor Absorbers: Place odor-absorbing materials such as activated charcoal bags or baking soda containers in your car. These substances are excellent at absorbing and neutralizing odors, helping to maintain a pleasant scent inside the vehicle.

  • Regular Maintenance: Schedule regular professional detailing sessions for your car. Professional detailers have specialized tools and products designed to thoroughly clean and deodorize your vehicle, ensuring that any potential odor sources are addressed effectively.

By incorporating these preventive measures into your routine, you can significantly reduce the risk of weed odors becoming a recurring issue in your car. Consistency and diligence in maintaining a clean and well-ventilated interior will ensure that your vehicle remains a comfortable and pleasant space, free from any unwanted smells.

Conclusion

Eliminating the smell of weed from your car requires a combination of immediate action, thorough cleaning, and the use of effective odor-neutralizing agents. It’s not just about masking the scent but removing the source of the odor entirely. By following these steps, you can ensure that your car smells fresh and clean, free from any lingering cannabis odor. Additionally, adopting preventive measures, such as using air fresheners or odor absorbers regularly, will help maintain a pleasant environment in your vehicle. Whether you opt for DIY methods or seek professional detailing services, the key is consistency and diligence. Regular maintenance and quick responses to any new odors will ensure that your car remains a comfortable and welcoming space for you and your passengers. Taking these proactive steps will not only keep your car smelling great but also enhance your overall driving experience and peace of mind.

 

YOUR CAR SMELLS LIKE MARIJUANA, READ ON…

POLICE SMELL MARIJUANA IN YOUR CAR

CAN POLICE REALLY SMELL THE WEED IN YOUR CAR?



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How to Build a Fully Automated Cannabis Grow Box (Material Costs Included)

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automated grow box for weed

I’ve had an idea for a long time now to integrate a grow box that can both cultivate mushrooms and cannabis simultaneously. Therefore, I decided to utilize AI to come up with a theoretical box that could achieve this process.

The following blog post will focus on this discovery. Sure, I can horde it for myself and build it, then sell it, but I’m also an avid proponent of open-source and despite me being able to innovate and build the box, I would like to give anyone else who has the interest and the economic means to build their own.

So in this post, I’m giving it all away.

 

Sit back, pack a bowl, let’s build a box that will provide you with infinite weed and infinite mushrooms.

 

Let’s begin with the fist aspect, Materials and costs. In this segment, I have taken into consideration that you want to have a box that can grow at least four plants. This way you can essentially get about a pound or so per harvest. This should provide you with enough weed until the next cycle.

Furthermore, if you have a sprouting chamber at the bottom of the grow box, you can technically keep the harvest coming as one is harvested, the next one can start their cycle.

The mushrooms takes roughly 21 days to fruit, meaning per month you can do a single harvest whereas the cannabis will take roughly 4-6 months depending on when you switch into the flowering cycles.

The mushroom harvests will be most important during the flowering stage of the weed cycles as the natural byproduct of mushrooms is CO2, which we know will help your plants grow bigger and stronger.

Therefore, you’ll want to plan your cycles accordingly

Nonetheless, here’s a breakdown of the materials I estimate you’ll need and the approximated costs associated with them. If you can find these materials cheaper or go dumpster diving to find similar pieces, you can drop the cost of the production significantly.

  1. 4×8 Hydro Table: $100 – $200

  2. Trellis Netting: $10 – $20

  3. Reservoir Tank: $50 – $100

  4. Submersible Pump: $30 – $50

  5. Drip Irrigation System: $20 – $40

  6. Air Stone and Air Pump: $20 – $30

  7. Grow Lights: $200 – $500

  8. Nutrient Solution: $50 – $100

  9. pH and EC Meters: $20 – $50 each

  10. CO2 Tank and Regulator: $150 – $300

  11. Growing Medium (e.g., Rockwool, Hydroton): $20 – $50

  12. Seeds or Clones: $10 – $50

  13. Climate Control (Humidifier, Dehumidifier, Heater, AC): $100 – $500

  14. Timers and Controllers: $20 – $50

Estimated Total Cost: $800 – $2000

Now, let’s take a closer look at the build and set up of this box. This is a general guide and of course, theoretical – however, if you understand the basics of how to assemble this box, you’ll be winning!

In the following section I’m covering the basic steps, without too much detail because I’m not the best builder myself. I’d probably reach out to someone who knows how to do this better than me, however consider that this will also increase costs especially if you pay them. The DIY builder can use this as a base for their own build. So follow these instructions and see how it goes.

  1. Hydro Table and Reservoir Setup:


    • Place the 4×8 hydro table on a sturdy stand or frame.

    • Position the reservoir tank underneath the table.

    • Install the submersible pump in the reservoir.

  2. Drip Irrigation and Trellis Netting:


    • Connect the drip irrigation system to the pump. Arrange the drip lines across the hydro table to ensure even water distribution.

    • Install the trellis netting above the table to support plant growth.

  3. Air and Water Circulation:


    • Place the air stone in the reservoir and connect it to the air pump. This will oxygenate the water.

    • Set up the water circulation system so that the nutrient solution is recirculated from the reservoir to the plants and back.

  4. Lighting and CO2 System:


    • Hang the grow lights above the hydro table at the recommended height for your plants. For lights, you’ll probably want to use LED to reduce the heat for the mushroom cultivation that will be on top of the box.

    • Set up the CO2 tank and regulator to enrich the growing area with CO2. Ensure it’s timed with the light cycle. This is an addition, however, if you’re growing mushrooms, it should replace the need for this tank.

  5. Climate Control:


    • Install necessary climate control devices (humidifier, dehumidifier, heater, AC) to maintain optimal growing conditions (81°F, 55% RH).

  6. Timers and Controllers:


    • Use timers to automate lighting, irrigation, and CO2 release cycles.

    • Set irrigation to water 26 times a day for 15 seconds each.

 

To manage the heat generated by the grow lights and ensure it doesn’t interfere with mushroom development, you can implement a few strategies:

  1. Insulation and Separation: Create a well-insulated barrier between the mushroom compartment and the cannabis grow area. Use reflective and insulating materials to prevent heat transfer.

  2. Ventilation: Install separate ventilation systems for both compartments. Use fans and ducting to remove excess heat from the cannabis grow area and maintain a cool environment in the mushroom compartment.

  3. LED Grow Lights: Use high-efficiency LED grow lights that produce less heat compared to traditional HPS or MH lights. Ensure proper spacing between the lights and the plants to further reduce heat buildup.

  4. Active Cooling: Implement active cooling systems such as air conditioners or water-cooled lights to manage the temperature in the cannabis grow area.

These elements will be critical in ensuring that you have a good harvest of mushrooms. You’ll also want to run a duct from the fruiting chamber of the mushrooms into the grow box. You can also have another extractor fan that will send the O2 generated by the weed into the fruiting chamber of the mushrooms.

This closed system should allow your mushrooms to grow bigger as well as your weed.

 

At the end of the day, this is something I’ll probably build over the next year. I’m living in a residential area and have a home office, therefore, having a grow room in the house would be ideal, especially since I don’t want my neighbors to know what I’m doing.

Right now, I’m just preparing myself for it, getting the necessary items to ensure that the system works. When I have it built, I’ll revisit this blog and update it accordingly.

For now, I hope I inspired some of you to think about making this multifunctional growbox and hopefully you can build it as well. If you’d like to collaborate and discuss, shoot a message to my editor who forwards me all these comments and let’s talk!

 

GROWING WEED AT HOME, READ ON…

HOME GROW MARIJUANA FOR $50

HOW TO SET UP A WEED GROW AT HOME FOR $50 OR LESS?

 



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