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Oregon Cracks Down on THC Inflation and Testing Labs

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On September 25th, the Oregon Liquor and Cannabis Commission (OLCC) sent notices to seven licensed testing laboratories, proposing license cancellation in some cases and suspension or fines in others. The notices center on alleged THC inflation, and extend back to instances identified in 2023. We only have eleven labs in Oregon accredited to do this mandatory work, so OLCC chasing seven of them is a big deal.

This story broke yesterday afternoon in the Portland Business Journal (“Journal”). See: Oregon cannabis labs face shutdown in testing crackdown. I’m guessing that link is paywalled for most of our readers, so I’m glad to have this platform to share some thoughts below.

The proposed suspension and cancellation notices

An obvious question here is why OLCC has proposed to expel some of these licensees, but only suspend or fine others. We’re talking about Category I violations across the board, after all, and the default sanction for any Category I violation is license revocation.

Here, though, the Commission seems to be looking at conduct in two distinct camps: a) conduct that simply could be negligence (and specifically, lazy sampling); and b) attempts to rig results by adulterating products. All seven labs got dinged on “a”, while three also got dinged on “b.”

In the “a” notices, charges include: i) failures to ensure an entire batch of marijuana was available for sampling, and ii) insufficient sampling increments. In the “b” notices, OLCC alleges that “the Licensee’s employees, agents or representatives intentionally added a cannabinoid concentrate, kief [], to the samples taken for testing.” Which is not great.

A long time coming

Controversy around cannabis testing is an old story in Oregon. Prior to OLCC regulation, we had “medical marijuana” from 1998 to 2014 with no testing requirements whatsoever. In 2014, after dispensary licensing commenced, the Oregon Health Authority (OHA) issued poorly-written testing rules that no one really followed. In those days lab shopping was common, dozens of harmful pesticides were allowed, and OHA didn’t even have the authority to regulate producers or labs, anyway.

In 2015, the Oregonian published a landmark investigative piece called “A Tainted High” exposing all of this and more. In 2016, the OLCC program launched, with more testing rules and more enforcement authority, at which point a serious testing bottleneck ensued. Once things cleared up, focus shifted to microbiological and heavy metal contaminants, alongside inflated THC numbers. In 2019, the Secretary of State recommended shelf audits at dispensaries, which eventually did occur.

The latest noise around testing was the aspergillus litigation, where the Cannabis Industry Alliance of Oregon (CIAO) won a temporary stay of enforcement on testing for that mold, and OHA abandoned rules on the topic. In 2023, we also got House Bill 2931, which creates a state-run cannabis reference lab. In June of last year, I wrote:

Why did everyone, including industry, feel a state cannabis reference lab was needed? First, for as long as the OLCC program has existed (and even before that, in the OHA medical program), agencies have fielded complaints from cannabis licensees around testing. Those complaints include allegations of labs spiking potency levels on test samples, and of labs falsifying failed test results. From there, you have the related concepts of “lab shopping” by licensees and “pay to play” testing with labs.

State agencies have argued that to properly regulate licensed labs, an independent mechanism to verify test results is needed. Audits have similarly recommended this. The newly created reference lab will provide: a) a neutral, third-party source for testing and re-testing; b) quality assurance review for licensed labs; and c) a mechanism to audit complaints from licensees about faulty lab testing. This is a positive development.

So, everyone has been looking at this for a while. And now we’re full circle on this inflated THC thing– a problem that is not unique to Oregon.

What happens next?

All of the OLCC labs that received the September 25th notices have until tomorrow, October 25th, to request a hearing before an administrative law judge. This is a critical deadline; hopefully all of them have done so. The rules also require an answer to be filed with any hearing request, but traditionally OLCC affords licensees up to two weeks prior to any prehearing conference to make the submission. (This is not advice.)

You’re here for the big question, though, which is: does OLCC plan to go to the mat on this, with massive fines, suspensions and license cancellations? I don’t think so, necessarily, but it’s obviously a case-by-case thing. Much will depend on the underlying testimony and reports; whether a lab owner knew what their employees were allegedly doing; how the licensees respond; etc. But as I told the Journal: “They can’t have no labs. OLCC may push for labs to come to them and say we’re sorry, it will never happen again, and show internal (standard operating procedures) and maybe creative solutions” in order to safeguard testing.

Is this just a problem for labs?

No. I told the Journal that “it’s not fair just to blame the labs.” And it’s not. With kiefing, in particular, the lab employees would have received the concentrate from customers in most or all cases. This behavior is ultimately driven by market pressures: for whatever stupid reason, the strongest weed tends to attract the most interest and highest prices. (Thankfully, alcohol doesn’t work this way.)

But I digress. Before signing off, I’d like to highlight one final quote I gave the Journal. It’s this: “They’re going after the labs, then the employees involved, then all the producers and wholesalers who are implicated. You saw the first wave, but you’re going to see more.”

Anyone else receiving a violation notice from OLCC will have the same opportunity to respond, and hopefully settle, as the labs. All of this will take some time to play out.

___________

If, in the coming weeks and months, you are one of the unfortunate licensees or permittees on the receiving end of an OLCC charging document, I recommend you start your reading here. Then, give us a call. We can help.



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Trump’s Not So Cannabis Friendly Cabinet Picks

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President-elect Donald Trump’s key appointments for roles in the Department of Justice, Centers for Disease Control and Prevention (CDC), and Food and Drug Administration (FDA) have sparked significant concern among cannabis advocates. Pam Bondi, Dave Weldon, and Dr. Marty Makary—Trump’s picks for Attorney General, CDC Director, and FDA Commissioner, respectively—have all expressed strong opposition to marijuana reform. Throw that in with Trump’s VP, JD Vance, saying that all marijuana is laced with Fentanyl now, and you get the point. Their collective stances suggest a potential federal pivot toward stricter enforcement of cannabis laws and a rollback of progress made in marijuana legalization efforts.

Trump’s AG Pick Pam Bondi on Marijuana

President-elect Donald Trump’s reported consideration of former Florida Attorney General Pam Bondi for the role of U.S. Attorney General has drawn attention to her strong conservative stance on a range of issues, including her opposition to marijuana reform. As Florida’s top legal official from 2011 to 2019, Bondi consistently opposed the expansion of marijuana access, including medical cannabis, and worked to limit legalization efforts in the state.

Bondi was a vocal critic of Florida’s 2014 medical marijuana ballot initiative, which sought to legalize cannabis for patients with debilitating conditions. She argued that the measure’s language was too broad and could lead to widespread abuse, effectively turning the state into what she described as the “Wild West” of marijuana use. Her opposition contributed to the initiative falling short of the required 60% voter approval threshold. Although medical marijuana was later approved by Florida voters in 2016, Bondi maintained her cautious stance on the issue, emphasizing the need for strict regulations.

As Attorney General, Bondi also supported law enforcement actions targeting illegal marijuana operations and echoed concerns about cannabis being a potential gateway drug. If appointed as U.S. Attorney General, Bondi’s past actions suggest she could support stricter federal enforcement of marijuana laws, potentially clashing with states that have implemented broader legalization policies. Her approach aligns with a more traditional, anti-reform perspective on cannabis, signaling potential challenges for advocates of marijuana legalization under her leadership.

Trump’s Pick for CDC Director Claims about  Marijuana

President-elect Donald Trump’s selection of former Congressman Dave Weldon (R-FL) to lead the Centers for Disease Control and Prevention (CDC) could mark a significant shift in the agency’s stance on marijuana reform. While the CDC’s role in shaping federal cannabis policy is limited, it has recently taken steps to improve public access to information on marijuana use. Weldon, however, is a staunch opponent of reform, with a congressional record that includes voting against measures protecting state medical cannabis programs and supporting resolutions opposing medical marijuana legalization.

During his time in Congress from 1995 to 2009, Weldon repeatedly argued against marijuana’s medical value. In a 2001 House subcommittee hearing, he dismissed medical cannabis as a “veiled attempt to legalize” recreational drug use, accusing advocates of exploiting vulnerable patients. As a physician, he claimed to have seen no legitimate medical indications for marijuana and suggested that smoking the drug could lead to lung cancer. Weldon also criticized the lack of global scientific research validating cannabis’s medical potential, arguing that its absence undermined claims of its efficacy.

Weldon has also supported the gateway drug theory, asserting that marijuana use often precedes harder drug abuse despite the difficulty of proving causation. He maintained that interviews with heroin users indicate many began with cannabis, which he cited as evidence of its gateway effect. If confirmed, Weldon’s leadership could steer the CDC toward a more conservative approach to cannabis, potentially reversing recent efforts to provide balanced information on the drug’s uses and risks.

Trump’s FDA Pick Thinks Marijuana Is a Drug That Causes Heart And Mental Health Problems

President-elect Donald Trump’s choice for Food and Drug Administration (FDA) commissioner, Dr Marty Makary, has expressed skepticism about medical marijuana, citing concerns about its links to cardiovascular problems and mental health risks in youth. He has also promoted the gateway drug theory, suggesting marijuana use can lead to the consumption of more dangerous substances. As the FDA plays a crucial role in shaping federal cannabis policy, Makary’s stance could influence the agency’s approach under the incoming administration.

Makary, a surgeon and medical commentator, has argued that modern cannabis is far more potent than in the past, raising potential health risks, particularly for adolescents. Speaking on the mindbodygreen podcast, he highlighted research suggesting a significant increase in the risk of psychosis later in life for teens who use marijuana. While he clarified that he was not making a statement about legalization itself, he emphasized that describing marijuana as entirely safe is inconsistent with scientific evidence. These views are also detailed in his book, Blind Spots, where he challenges claims that marijuana is harmless or not a gateway drug.

Additionally, Makary has disputed economic arguments for legalization, particularly the idea that it undermines illicit drug trafficking. He has contended that organized crime groups, including cartels and Chinese criminal organizations, continue to dominate marijuana sales in states like California, Oklahoma, and Kentucky. Makary further criticized these groups for exploiting workers in what he described as “a modern form of slavery on U.S. soil.” His appointment suggests a potentially more cautious and critical approach to marijuana policy within the FDA.

 

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Safe to Fly with Marijuana Now? -The DEA is Banned from Random Airport Bag Searches after DOJ Ruling

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In a significant move that has sent ripples through law enforcement and civil rights circles alike, the Drug Enforcement Administration (DEA) has been banned from conducting random searches at airports. This decision follows a scathing report from the Justice Department that unveiled a troubling pattern of misconduct within the agency. The findings not only highlight issues of corruption but also raise serious concerns about civil liberties and the ethical conduct of law enforcement officials.

 

Background of the DEA’s Airport Searches

 

The DEA has long been involved in drug interdiction efforts at airports, often collaborating with other law enforcement agencies to combat drug trafficking. Their operations typically involve random searches of passengers and their belongings, ostensibly to deter drug smuggling and ensure public safety. However, these practices have come under scrutiny in recent years, with critics arguing that they infringe on individual rights and disproportionately target specific demographics.

 

The Justice Department Report

 

The Justice Department’s report, which was the result of an extensive investigation, revealed alarming details about the DEA’s airport search practices. Key findings included:

 

 

  • Racial Profiling: One of the most troubling aspects of the report was evidence suggesting that DEA agents engaged in racial profiling. The investigation found that certain groups were disproportionately targeted based on characteristics such as race or ethnicity, leading to accusations of systemic bias within the agency.

 

 

  • Targeting Last-Minute Travelers: The investigation revealed a pattern where individuals who purchased tickets shortly before departure were more likely to be searched. This tactic raised alarms about potential violations of civil rights, as it suggested that agents were using arbitrary criteria to determine who merited further scrutiny.

 

 

Implications for Civil Liberties

 

The findings of the Justice Department report have profound implications for civil liberties in the United States. Random searches at airports are already a contentious issue, with many arguing that they violate Fourth Amendment protections against unreasonable searches and seizures. The additional revelations regarding racial profiling and inadequate documentation further exacerbate these concerns.

 

Erosion of Trust in Law Enforcement

 

One of the most significant consequences of this situation is the erosion of trust between communities and law enforcement agencies. When individuals feel they are being targeted based on their race or other arbitrary factors, it creates an environment of fear and suspicion. This distrust can hinder effective policing, as community cooperation is essential for successful crime prevention and resolution.

 

Legal Challenges Ahead

 

In light of these findings, legal challenges against the DEA’s practices are likely to emerge. Civil rights organizations may seek to hold the agency accountable for its actions, potentially leading to lawsuits that could reshape how law enforcement operates at airports and beyond. Such legal battles could set important precedents regarding the balance between public safety and individual rights.

 

The Response from Law Enforcement Agencies

 

In response to the Justice Department’s findings, several law enforcement agencies have begun reevaluating their own practices related to airport security and drug interdiction efforts. The DEA has announced an internal review aimed at addressing the issues raised in the report, but skepticism remains regarding whether meaningful change will occur.

 

Calls for Reform

Advocates for reform are calling for comprehensive changes within the DEA and other agencies involved in airport security. Suggested reforms include:

 

  • Enhanced Training: Law enforcement personnel should receive training focused on implicit bias, cultural sensitivity, and constitutional rights to ensure they conduct searches fairly and without prejudice.

 

 

  • Transparency Initiatives: Increasing transparency around search practices can help rebuild trust between law enforcement agencies and communities. Public reporting on search statistics, including demographic data, could provide insight into potential biases.

 

The Future of Airport Security

 

The unfolding situation regarding the DEA’s ban on random airport searches raises critical questions about the future of airport security in America. As concerns about terrorism and drug trafficking intensify, the challenge of balancing safety with civil liberties becomes increasingly complex. The Justice Department’s report, which revealed significant issues such as corruption and racial profiling within the DEA, underscores the urgent need for reform in how security measures are implemented at airports. While advanced technologies, including AI and biometric systems, promise to enhance security protocols, they also raise important questions about privacy rights and potential biases in their application. The reliance on personal data for threat detection necessitates stringent safeguards to protect individual privacy while ensuring effective security measures.Moving forward, it is essential for policymakers, law enforcement agencies, and communities to engage in collaborative discussions aimed at creating transparent and accountable airport security practices. This dialogue must prioritize both effective threat detection and the protection of civil liberties to foster public trust. Implementing risk-based approaches that allow for tailored screening procedures can help address safety concerns without infringing on individual rights. Additionally, ongoing training for law enforcement personnel on implicit bias and constitutional rights will be crucial in ensuring that security measures are applied fairly. As we navigate these challenges, a balanced approach that respects civil liberties while enhancing airport security will be vital in shaping a safer and more just environment for all travelers.

Technological Innovations

One potential avenue for improving airport security without infringing on individual rights is through technological innovations. Enhanced screening technologies, such as advanced imaging systems or artificial intelligence-based analytics, could reduce reliance on random searches while still effectively identifying threats.

 

 

Community Engagement

 

Another important aspect of reforming airport security practices is community engagement. Law enforcement agencies must work collaboratively with community members to develop policies that prioritize safety while respecting individual rights. Engaging with diverse communities can help build trust and ensure that security measures are equitable.

 

Conclusion

 

The ban on random airport searches by the DEA represents a crucial turning point in the ongoing discourse about law enforcement practices in the United States. Following a comprehensive report from the Justice Department that exposed serious issues related to corruption, racial profiling, and insufficient oversight within this key drug enforcement agency, it has become imperative for policymakers, law enforcement officials, and community members to engage in meaningful discussions on how to effectively balance public safety with civil liberties. Emphasizing transparency, accountability, and community involvement will be essential in striving for a more equitable system that honors individual rights while addressing public safety concerns. This situation serves as a stark reminder of the need for vigilance in safeguarding our freedoms and ensuring that law enforcement operates ethically and responsibly. As reforms are proposed and enacted, it is vital to prioritize civil liberties in conversations surrounding law enforcement practices at airports and beyond.

 

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A Blend of Science, Culture, and Opportunity

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Exploring the Cannabis Revolution: A Blend of Science, Culture, and Opportunity

The global cannabis industry has been undergoing a dramatic transformation in recent years. Once shrouded in controversy, cannabis is now at the forefront of discussions surrounding health, wellness, and economic growth. From medical breakthroughs to recreational trends, the cannabis plant has proven its versatility and potential in numerous domains. This burgeoning industry is reshaping societal perspectives and creating opportunities that were once deemed improbable.

The Evolution of Cannabis Use and Acceptance

Cannabis has been used for centuries in various cultures for its medicinal and recreational properties. However, the stigma surrounding it, largely influenced by 20th-century prohibition laws, significantly hindered its mainstream acceptance. Today, the narrative has shifted dramatically. Research studies highlight cannabis’s therapeutic potential in managing chronic pain, epilepsy, anxiety, and other health conditions. This growing body of evidence has played a crucial role in reshaping public opinion and government policies worldwide.

As legalization spreads across countries and states, cannabis has transitioned from an illicit substance to a lucrative industry. With a focus on quality control, ethical practices, and education, cannabis entrepreneurs are working diligently to ensure their products meet high standards while dispelling lingering misconceptions.

Diverse Opportunities in Online Spaces

The cannabis boom is mirrored in the digital realm, where e-commerce platforms and online communities thrive. Cannabis.net, for instance, exemplifies how digital platforms connect users with dispensaries, educational resources, and like-minded enthusiasts. These platforms are instrumental in reducing the knowledge gap and advocating for cannabis’s many benefits.

Interestingly, the online world has become a melting pot for diverse industries. For example, online casinos are capitalizing on the digital shift, offering unique experiences to players worldwide. Many of these platforms, known for offering fast withdrawals, are aligning with modern consumer expectations of convenience and efficiency. This focus on seamless transactions and user satisfaction resonates with cannabis consumers who value similar qualities in their purchasing experiences. Both sectors reflect the broader trend of digitization and consumer-centric innovation.

The Economic Boom of Legal Cannabis

Legal cannabis markets have catalyzed significant economic benefits, from job creation to tax revenue. Industries related to cultivation, manufacturing, and retail are flourishing. This economic impact extends beyond the direct cannabis market, fueling ancillary industries such as technology, marketing, and legal services.

Moreover, cannabis tourism has emerged as a dynamic sector, with destinations like Amsterdam and Denver becoming hotspots for cannabis enthusiasts. Events like cannabis expos and educational tours not only boost local economies but also foster global conversations around responsible use and regulation.

Cannabis and Wellness: A Holistic Approach

Cannabis’s role in health and wellness cannot be overstated. Beyond its medicinal properties, many are turning to cannabis products such as CBD oils, tinctures, and edibles as part of their holistic lifestyle. These products are often marketed for stress relief, improved sleep, and enhanced focus, making them popular among diverse age groups.

Additionally, cannabis is influencing the beauty and skincare industries, with products containing cannabinoids like CBD claiming to offer anti-inflammatory and anti-aging benefits. Such developments underscore cannabis’s versatility and its ability to integrate into everyday life seamlessly.

Challenges and the Road Ahead

While the cannabis industry is undoubtedly promising, it faces several challenges. Regulatory inconsistencies, lack of standardized testing, and lingering stigmas remain significant hurdles. Additionally, global legalization is progressing at varying paces, creating disparities in market accessibility and innovation.

On the business front, competition is fierce. Entrepreneurs and companies must focus on differentiation, quality, and education to thrive in this dynamic landscape. Transparency in operations and a commitment to social responsibility are also critical factors in building trust with consumers and stakeholders.

Conclusion

The cannabis industry is an exciting frontier, blending tradition with innovation. As science continues to unravel the plant’s potential, and as societal attitudes evolve, cannabis is poised to become a staple in medicine, wellness, and recreation. Platforms like Cannabis.net are pivotal in this journey, offering a gateway for education, advocacy, and connection.

Whether it’s through physical dispensaries or online marketplaces, the cannabis revolution represents a broader cultural shift towards acceptance and exploration. The interplay between industries, such as cannabis and digital gaming, highlights the interconnectedness of today’s global market. Together, they reflect the values of convenience, innovation, and a consumer-first approach—a trend that is likely to shape the future across multiple sectors.

 

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