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Oregon Weed Compay Files Lawsuit to Be Able to Export Cannabis to Other States Citing the Dormant Commerce Clause

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An Oregon marijuana company has filed a federal lawsuit alleging that the state’s prohibition on cannabis imports and exports from and into other states breaches the United States Constitution.

 

On Monday, Jefferson Packing House, LLC, an Oregon-licensed marijuana wholesaler, filed a lawsuit suing state Attorney General Ellen Rosenblum (D), Gov. Kate Brown (D), and the director of the Oregon Liquor and Cannabis Commission.

 

While the complaint contests the state law prohibiting cannabis exports, the plaintiffs’ lawyers sent out a letter to the high-ranking officials named as defendants, urging them to join the effort to obtain a ruling declaring the policy unlawful, arguing that it is in the best economic interests of the state.

 

The letter states that they acknowledge that marijuana remains prohibited by federal law and that the lawsuit will not reverse that. However, they feel that the State of Oregon must be totally aligned with helping its local marijuana business, so Oregon legislation should no longer restrict marijuana export to other states.

 

Details Of The Lawsuit

The lawsuit, filed in the United States District Court for the District of Oregon, is based on an interpretation of the Dormant Commerce Clause (DCC) of the United States Constitution. The interpretation is intended to promote competition by prohibiting states from separately regulating interstate trade and commerce, leaving that responsibility solely with Congress.

 

Green Light Law Group’s Andrew DeWeese and Kevin Jacoby wrote on behalf of Jefferson Packing House that under the DCC, for instance, an Oregon legislation restricting the export of grapes (or hazelnuts, semiconductors, and so on) would be invalidated. Hence, they expect a federal court would treat marijuana like hazelnuts, invalidating state laws preventing marijuana export even though it is unlawful under federal law.”

 

Part of their confidence in a federal court ruling in their favor stems from precedents established in a federal appeals court in August.

 

In that case, the United States Court of Appeals for the First Circuit concluded that Maine’s legislation preventing non-residents from operating medicinal marijuana enterprises violated the DCC and was thus unconstitutional. Following that verdict, legal experts predicted that it could have far-reaching repercussions for the interstate cannabis business.

 

According to the eight-page legal complaint for this latest claim, Oregon’s export ban “harms not only Oregon processors, growers, and wholesalers, but also non-residents. These demographics are deprived access to high-quality cannabis products manufactured in Oregon unless they physically go to Oregon to purchase those products.”

 

Similar prohibitions on exporting and importing cannabis are established in legal states across the United States, primarily to protect the states from federal enforcement action. Agencies such as the Justice Department have previously described interstate cannabis trafficking as a national law enforcement priority.

 

According to the lawsuit, the regulation discriminates against interstate trade by outright barring such transactions, with no valid, nonprotectionist aim, and is thus barred by the Dormant Commerce Clause of the United States Constitution.

 

According to the report, trying to induce the DOJ to maintain its policy of nonenforcement of state-legal cannabis operations (which equally violate federal law as much as interstate cannabis commerce) to induce perceived enforcement priorities of the federal government raises fatal concerns about separation of powers. This is because not the DOJ (an institution of the executive branch) but only Congress can permit the States to govern interstate commerce. 

 

The complaint added that the export ban is strangling Oregon’s marijuana producers and industry players as they cannot tap into the tremendous demand from out-of-state for their Oregon-produced products. The plaintiffs are asking the court to declare the export ban illegal to correct the problem and to enjoin the state from enforcing and implementing the residency permits for dispensaries.

 

 

Oregon Is in a Better Position to Profit from Out-Of-State Demand

The letter to Brown and other state representatives emphasizes how Oregon is specially situated to profit from allowing cannabis exports. The letter contends that the state benefits from a spirit of innovation, the near-perfect confluence of geography, profound cannabis entrepreneurship and culture, climate, and smart regulation” that makes it well-suited to become the benchmark by which all others are judged.”

 

The lawyers asked the people, “Will you now cooperate with us as we extend our great state’s legacy of fighting against the injustice of federal cannabis prohibition?”

 

We humbly request that none of you act to defend the Oregon laws that are the subject of our complaint and restrict the export of marijuana in your official roles. Instead, we ask that you join us in praying that the district court rules that these laws are unconstitutional. Together, our meritorious legal action and Oregon’s backing will deliver a strong message to our policymakers in Washington.

 

Although it’s uncertain if the state would accept the plaintiffs’ offer, Brown has expressed interest in allowing interstate trade in the marijuana industry by signing a measure in 2019 that would let the governor do so once federal law enables it. As a result of that action, two members of that state’s congressional delegation filed a bill that would permit a similar activity and bar the Justice Department from meddling in states that already have affirmed agreements to sell cannabis over state lines. However, the proposal did not advance.

 

Two years after Brown approved the state-level law, a coalition of marijuana advocacy groups started enlisting the support of the business sector to petition the governors of four important West Coast states to request advice from the Justice Department on interstate marijuana commerce. Since then, the governor of New Jersey could now enter into deals to import and export cannabis with other states that have legalized it, according to a measure submitted by Democratic Senate President Nicholas Scutari of New Jersey.

 

A bill giving the governor of California, Gavin Newsom (D), the authority to enable interstate marijuana commerce was signed by him in September.

 

Conclusion

There is no legally sufficient cause for any other State or Oregon to prohibit marijuana importation or exportation, it argues. Protecting the local cannabis sector is inherently protectionist and thus clearly unconstitutional under the DCC. However, it’s uncertain if the state would accept the plaintiffs’ offer.

 

WHAT IS THE DORMANT COMMERCE CLAUSE? READ ON…

DORMANT COMMERCE CLAUSE MARIJUANA CONSTITION

PROFESSOR MIKOS TALKS THE DORMANT COMMERCE CLAUSE FOR WEED!



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CBD is Coming to Your Dentist’s Office

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The Therapeutic Benefits of CBD for Dentistry and Oral Health

 

Cannabidiol (CBD) is among the most important compounds in marijuana.

 

CBD products are typically derived from hemp plants, which contain only trace amounts of THC, the psychoactive compound in marijuana which causes a high. CBD has numerous valuable applications in medicine, with the potential of its use in various medical fields growing each year thanks to an increasing body of research.

 

CBD works with the endocannabinoid system, which features receptors all over the body. It’s widely used for treating anxiety, pain, epilepsy, and many other illnesses with little to no side effects.

 

Many dentists these days, aside from doctors, are seeing the potential of using CBD in their field. In fact, there are even specific CBD products developed for oral health, such as toothpastes, mouthwash, mouth sprays, and creams.

 

Dental Applications of CBD

 

There are several ways CBD can be used in dentistry. These include:

 

  • Post-operative inflammation: Studies show that CBD has powerful anti-inflammatory properties. Because of this, dentists may be able to prescribe CBD to reduce the inflammation experienced by patients following oral surgery, root canals, and other procedures.

 

  • Dental pain: CBD has potent pain-relieving properties, making it a safer, natural alternative to pharmaceutical drugs when it comes to dental pain. Patients may be able to take CBD products to minimize pain before or after certain procedures. Conventional painkillers such as opiates are addictive and cause side effects to patients, while CBD is free of these unwanted side effects.

 

  • Better sleep: Oral discomfort due to problems and procedures in your teeth and gums can make it difficult to fall asleep. However, proper rest is essential for healing any conditions no matter where in the body. CBD has been known as an effective sleep aid, making it easier for patients to get much-needed sleep following a procedure that may still leave them in discomfort for days after.

 


CBD For Oral Health

 

The vast array of CBD’s therapeutic benefits can help individuals improve overall oral health, reducing the need to visit the dentist for treatments.

 

In a 2020 study by Belgian researchers, they found that cannabinoids were more effective in eliminating the quantity of bacteria that causes dental plaque, when compared to conventional and established oral products like Colgate and Oral B. They followed it up with another study, which revealed that cannabinoid-infused mouthwashes with both CBD and CBG were just as effective when compared to 0.2% chlorhexidine mouthwashes for the reduction of dental plaque.

 

These findings are significant because chlorhexidine mouthwashes have long been considered as the most effective when it comes to reducing plaque.

 

However, looking deeper, chlorhexidine does have some side effects. These include possible staining of tooth restorations and surfaces, allergic reactions, light-headedness, mouth sores, gingivitis, tartar, throat and mouth irritation, tongue swelling, change in taste, unpleasant taste, mouth ulcers, and much more.

 

Other benefits of CBD for oral health include:

 

  • Treatment of TMJ: TMJ (temporomandibular joint) disorder is characterized by tenderness or pain along the jaw, in one or both temporomandibular joints. This joint connects the skull to the jaw, which is why it can result in serious discomfort in this part of the head. It can also cause severe pain in and around the ear, difficulty chewing, facial pain, and lock jaw. Conventional treatments for TMJ include pain relievers, antidepressants, and muscle relaxants.

 

Without effective treatment, some patients may even experience total jaw displacement and chronic pain. However, studies have shown that CBD can be effective in treating the symptoms of TMJ in patients.

 

  • Prevent tooth decay: Too much bacteria in the mouth produces plaque acids, especially after eating sugar or starches. These bacteria, called Streptococcus mutans, causes enamel erosion and thus, gives you cavities. When cavities grow bigger, it makes it easier for other harmful bacteria to reach deeper in the mouth and cause infections.

 

As proven by the study by researchers in Belgium, CBD is just as effective as conventional dental care products in protecting your teeth. It can keep your mouth free of the harmful bacteria while ensuring the healthy bacteria still thrive, protecting both your teeth and your gums for healthy oral health.

 

  • Prevent gum disease: Poor oral hygiene is the number one cause of gum disease. However, genetics can also play a role. Regardless of the cause, gum disease can cause irritation and inflammation in the gums and eventually lead to gingivitis. When gingivitis isn’t addressed, it can evolve to a more serious condition called periodontitis, which compromises the tooth as well as the bone that holds it in place.

 

Consuming CBD-infused oral health products can prevent inflammation and reduce the damage caused by gum disease.

 

Precautions

 

Just like with other medications, CBD should be used with caution (or avoided altogether) if you are taking prescription drugs. The same is true for anesthesia, since CBD users may need more anesthesia for it to work, especially if it contains epinephrine. Patients who consume CBD (and THC) regularly should always inform their doctor ahead of time. You may be asked to abstain from consumption 2 days before surgery.

 

Conclusion

 

More research would certainly be beneficial for backing up the efficacy and safe use of CBD in dentistry. It already clearly has so much potential helping both dentists and patients especially for alleviating anxiety, inflammation, and pain. We expect to see more dental-specific products developed over the next few years to help countless people improve oral health safely with the help of CBD.

 

Last but not least, CBD should not be seen as a dental cure-all: it’s still important to maintain proper oral hygiene, brush your teeth, and floss regularly.

 

CANNABIS AT THE DENTIST, READ ON…

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Will the Senate Ever Do Anything with the SAFE Banking Act?

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As we’ve written about over the past several years, there have been consistent rallying cries for common-sense banking reform for the cannabis industry.

The SAFE Banking Act, which would allow federally regulated financial institutions to work with state-legal cannabis businesses, has been passed by the U.S. House of Representatives a whopping seven times. However, the Senate has yet to take up the SAFE Banking Act, ever – despite the fact that it’s sponsored by Senator Jeff Merkley and has 42 co-sponsors.

The ICBA letter

The Independent Community Bankers Association (“ICBA”) is now urging Senate Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY) to do something with the bill by the end of the year, in this lame duck session of Congress. The letter penned by the ICBA and 44 state banking associations states:

This legislation enjoys strong, bipartisan support, would resolve a conflict between state and federal law, and addresses a critical public safety concern. We urge its enactment without further delay … The Act would create a safe harbor from federal sanctions for financial institutions that serve cannabis-related businesses (CRBs), as well as the numerous ancillary businesses that serve them, in states and other jurisdictions where cannabis is legal. Recent polling found that two-thirds of voters support cannabis banking access.

The ICBA survey: this is what the people want!

The letter cites to that ICBA survey conducted in September 2022 – wherein 71% of voters agree that allowing cannabis-related businesses to access the banking system “would help reduce the risk of robbery and assault at cannabis-related businesses — showing the importance of the policy to public safety.”

The ICBA’s polling also found:

  • More than 80% of voters say that operating exclusively in cash increases the risk of robbery or theft.
  • 62% agree that restricting cannabis-related businesses from accessing banks is a threat to public safety.
  • 63% agree that allowing cannabis-related businesses to access banks will improve public safety.
  • 58% say a Senate vote on establishing a safe harbor for cannabis banking is important.

But will the Safe Banking Act move?

Unfortunately, this isn’t the first time players in both the banking and cannabis industries have been ignored by the Senate: similar letters have been sent and publicized throughout the years. While we’re doubtful that this will move the needle, we will continue to hope that this critical legislative reform will happen very soon for everyone’s benefit.



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What is a Jamaican Steam Chalice and Why Should You Try Smoking Weed Out of One?

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Although smoking marijuana is widespread throughout the world, Jamaica has one of the most profoundly rooted cannabis cultures. The Rastafari, a 20th-century movement that reveres marijuana as a sacred plant, originated in Jamaica. They believe that smoking marijuana fosters calm, love, and depths of reflection and medication that can serve as a gateway to the divine.

 

Suppose you’re looking for more conventional ways to enjoy cannabis, or you’re tired of your regular routine. In that case, you should try burning with a Jamaican steam chalice. These organic devices are said to be the first and original vaporizers. The steam chalice, which originated with the Rastafari faith in Jamaica, vaporizes weed using bamboo sticks, coconuts, and hot coals instead of electricity.

 

The steam chalice may be used by contemporary non-Rastafaris for various reasons. There are several methods to consume weed, but burning plant material harms the lungs. Hence, many cannabis consumers are switching to alternative forms of use, such as edibles, drinks, and—increasingly—vaporizers. Why not choose the Jamaican steam chalice, which has the most heritage and personality, if you’re going to smoke a vape?

 

Check out the steam chalice for a one-of-a-kind, highly potent, spiritually charged way of consuming weed.

Jamaican steam chalice

What is a Steam Chalice?

The Jamaican steam chalice is a traditional method of inhaling cannabis, although it is distinct from other conventional methods. Why? Because it does not burn the flower but rather “steams” it. The steam chalice could be considered the earliest vaporizer. This method of inhaling weed, similar to modern vapes, frees up terpenes and cannabinoids without generating as many potentially toxic byproducts as combustion.

 

Surprisingly, the steam chalice combines all significant elements: fire, air, water, and earth. Looking at the components, steam chalices are made up of four essential parts:

 

Coconut: The steam chalice’s main component is a coconut. It is comparable to the bong’s chamber. Its water content aids in filtering the vapour that is produced from the bowl to produce smoother hits. When holding and smoking a steam chalice, the coconut acts as the “handle.”

 

Cutchie: A cutchie is a clay pipe that resembles a sizable bong bowl. This part of the steam chalice supports the flower over the downstem. It keeps it out of the heated temperatures when THC and other phytonutrients are released from the charcoal.

 

Bamboo tubes: The downstem and the mouthpiece of a steam chalice are made of two bamboo tubes. In contrast to typical bongs, this one has a downstem and bowl positioned precisely above the chamber and a mouthpiece extending from the coconut’s side.

 

Gritty: This essential clay grate rests above the flower and has many tiny holes. It limits direct contact and burning of the plant material while acting as a base for the burning of charcoal.

 

Now that you’re acquainted with steam chalices and their components, it’s time to learn how to handle one.

 

How to Use a Steam Chalice

Mastering the steam chalice can take a few tries, especially if you’re a dedicated joint smoker. Even if you’re used to working with massive and complex glass bongs, a Jamaican steam chalice will undoubtedly feel strange in your hands at first. We’ve included some simple instructions below to help you get started with this vintage piece of equipment. Follow them carefully for an easy introduction to this innovative cannabis use:

 

Fill the coconut with water first before doing anything else. The mouthpiece can be pulled from the coconut’s side to accomplish this. After that, add water below the orifice before reinstalling the bamboo mouthpiece. Take a bare tear. The sound that comes out should closely resemble the bong’s bubbling. If you don’t hear that distinctive sound, the water content of the coconut is either too high or too low.

 

The cutchie needs to be filled with herbs next. However, traditional cutchies link to the downstem through significantly larger holes in the bottom. So, to prevent flowers from falling into the chalice, many chalice users put in the part or whole torn buds. If you’d instead grind your bud, cover the hole with a large enough sheet of metal gauze before adding the flower.

 

Put the gritty in the cutchie after it has been filled. Depending on your type, some cutchies have a lip where you can insert the gritty to keep it from touching the herb below.

 

At this stage, things become even more unusual. You’re undoubtedly used to flicking the lighter or vape button before inhaling. You’ll find yourself grabbing into a bag of coal instead when using a cannabis chalice. Fill the top chamber of the cutchie with adequate charcoal. Then, use a blowtorch lighter to light the pieces. You’re ready to go when the charcoal chunks are steadily burning.

 

Now comes the exciting part. In the same way, you would hit a pipe or bong, place your finger over the coconut’s shotgun hole and hit the steam chalice. To clear the coconut, let go of your finger at the end of every hit. You’ll feel a clean, terpene-rich, and slightly vegetal flavour; keep in mind you’re vaping weed, not burning it.

 

You’ll need to wash your cutchie at the end of the operation. Remove the hot charcoal pieces with care and empty the steamed cannabis. Pour the water from the coconut and save your marijuana chalice for later use. Use a couple of pipe cleaners to clean the inside of the bamboo sticks every now and then.

 

Conclusion

Thinking of owning a Jamaican steam chalice? An expertly designed smoking chalice will be easy to buy online. However, suppose you’re thinking of executing a do-it-yourself project. In that case, you will need equipment such as Coconut, a 30cm section of plastic hose or bamboo pipe, Clay cutchie and gritty, Metal or glass downstem, Beeswax, Drill and drill bits, Screwdriver, Saucepan and Pyrex jug, and Paintbrush to carry out your project. For a better understanding of how to build a steam chalice from scratch, we recommend watching a YouTube video.

 

STEAMING WEED, READ ON…

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