Tag Archives: CBD

Medical marijuana could cost big pharma $4 billion a year

Mike Adams, The Fresh Toast

Medical marijuana could cost big pharma $4 billion a year

This post originally appeared on The Fresh Toast.

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Once the federal government finally allows medical marijuana to become a legitimate part of the healthcare industry, Big Pharma could suffer the loss of billions of dollars, a new report finds.

It seems the pharmaceutical trade has more than enough reasons to fear the legalization of marijuana, as an analysis conducted by the folks at New Frontier Data predicts the legal use of cannabis products for ailments ranging from chronic pain to seizures could cost marketers of modern medicine somewhere around $4 billion per year.

The report was compiled using a study released last year from the University of Georgia showing a decrease in Medicare prescriptions in states where medical marijuana is legal. The study, which was first outlined by the Washington Post, was largely responsible for stirring up the debate over how a legitimate cannabis market might be able to reduce the national opioid problem. It found that medical marijuana, at least with respect to those drugs for which it is considered an alternative treatment, was already costing pill manufactures nearly $166 million annually.

Researchers at New Frontier identified nine key areas where medical marijuana will do the most damage to the pharmaceutical market — castrating drug sales for medicines designed to treat anxiety, chronic pain, epilepsy, post-traumatic stress disorder, sleep disorders, nerve pain, chemotherapy-induced nausea and vomiting, Tourette syndrome and glaucoma.

By digging deep into each condition, researchers found that if cannabis was used an alternative treatment in only a small percentage of cases, it could strip in upwards of $5 billion from pharmaceutical industry’s $425 billion market.

Although that may not sound like much of a dent, John Kagia, executive vice president of industry analytics for New Frontier, said, “The impact of medical cannabis legalization is not going to be enormously disruptive to the pharmaceutical industry.”

The report specifically calls out drug giant Pfizer Inc, suggesting that medical marijuana could suck a half billion dollars from its $53 billion in annual sales revenue.

It is distinctly possible that the latest report paints an accurate portrait of the impact medical marijuana could have on the pharmaceutical trade — that is, unless the drug manufactures decide to get in on the cannabis business.

GW Pharmaceuticals and Insys Therapeutics are already developing cannabis-based medications that are set to come to market in the near future. Depending how medicinal cannabis regulations eventually shake out with the federal government, it is conceivable that the medical marijuana programs that we have come to know would disappear, with the pharmaceutical companies being the only ones profiting from this alternative medicine.

Some experts say federal legalization would change the cannabis industry in ways that would be unsatisfactory to most in the business.

Be careful what you ask for.

More Mike Adams.

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Nevada’s new DUI marijuana testing is improvement but still poses concerns

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Ray Hagar, rhagar@rgj.com

The state of Nevada is poised to mandate the use blood tests and eliminate urine tests in DUI convictions for marijuana.

Although Washoe County already uses blood tests for pot, the state Senate this week gave the final vote of approval for the testing change for the entire state. Now, this measure only needs the final ‘John Hancock’ from Gov. Brian Sandoval to become law.

The final Senate vote floor vote comes less than two months before the July 1 starting date for sales of legal marijuana for “recreation” across Nevada for everyone 21 and over.

The blood-test/pot bill’s sponsor, Assembly Judiciary Committee Chair Steve Yeager, D-Las Vegas, sold the bill to fellow lawmakers as a “common sense” approach to DUI testing for pot. Current urine testing for pot is not reliable because it does not test for the psychoactive element that gets you high — THC, he said.

“A urine test will tell you if someone has ingested marijuana in the past,” Yeager said on Nevada Newsmakers. “But it does not tell you if the person is actually impaired at the time the testing is done.”

Blood tests can reveal THC in the blood, Yeager said. He called it “a step in the right direction.”

Yet this is not a perfect science. Determining marijuana impairment is more complicated than determining alcohol impairment, according to a study by the AAA, the nation’s largest auto club.

Yeager’s bill may be an improvement over the old method but it is still not a great way to test for marijuana intoxication, according to the AAA.

That study states it is not possible to set a blood-test threshold for THC impairment because there is no science that shows at what level drivers become high after ingesting THC, according to a CBS News story about the AAA report.

Some drivers with high levels of THC in their blood may not be impaired, especially if they are heavy pot users, the study stated. Others, who may not use marijuana often, could have relatively low levels of THC in their blood and be impaired for driving, according to the study.

In Nevada, however, almost any amount of THC in the blood will get you into trouble. The legal limit is 2 nanograms of active THC in the blood, which Yeager said is a very low limit.

“I’ll just say, our levels and laws are very, very low. So it is virtually impossible to test positive on a blood test and not be over the allowed limits under the (Nevada) statute,” Yeager said.

Nevada is about to embark on society-changing era where marijuana is legal. The AAA study, however is concerning. It suggests consuming this herb can make you a victim of a legal system that has no universally-accepted and accurate way of testing for DUI marijuana.

Perhaps Yeager’s bill will give Nevada a law based on the best technology available. It appears better than the current system.

Yet science marches on.

Yeager believes that the question of testing for marijuana DUI may need adjustments in the near future. It is a subject that the Legislature may need to revisit when better technology and testing methods become available, since this legal recreational pot business is projected to be popular and profitable in Nevada.

“I think everyone is open-mined about it,” Yeager said about marijuana DUI testing. “It (possible new state law) is a small step forward. But I think it is significant in that it gets us moving in the right direction. Hopefully, we’ll have some studies in the near future so we can continue to tweak these laws.”

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TRUMP’S DHS CHIEF JUST FLIPPED! WHAT HE SAID ABOUT THE WAR ON DRUGS IS GAME-CHANGING!

 

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The Next News Network

Published on Apr 18, 2017

MORE INFO: http://CannaSense.com | Email Jordan jpage@cannasense.com | Sub for more: http://nnn.is/the_new_media | Eliot Nelson for the Huffington Post reports, Secretary of Homeland Security John Kelly said that marijuana “is not a factor in the drug war,” placing him at odds with a number of other Trump administration officials.
Take action MORE INFO: http://CannaSense.com
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The Best Recipe for Maximizing the Medical Effects of Marijuana

CBD-only preparations lack the synergies available when marijuana’s other cannabinoids and its terpenes are kept in the game.

 

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By Phillip Smith / AlterNet

March 22, 2017

CBD (cannabidiol) is getting a lot of attention these days as the medicinal cannabinoid in marijuana. CBD-only products are all the rage in the ever-expanding medical marijuana market, and CBD-only medical marijuana laws are becoming a favorite resort of red state politicians who want to throw a sop to those clamoring for medical marijuana, but are hesitant to actually embrace the demon weed.

But is CBD the miracle molecule on its own? Or would users benefit from using preparations made from the whole pot plant? Not to knock CBD, which even by itself clearly provides succor for many people, but advocates of “whole plant medicine” make a strong case.

That case is based on the entourage effect, which posits an interactive synergy between the components of the plant, and not just the major cannabinoids, such as THC and CBC, but also the lesser-known but still therapeutically active cannabinoids, such as CBG, CBN, THC-a, and THC-v, and even the terpenoids, the molecules that make pot plants smell and taste lemony (limonene) or piney (pinene), earthy (humulene) or musky (myrcene). The entourage effect suggests that if people want to unlock the full benefits of medical marijuana, they need to be using whole plant medicine.

“CBD and THC seem to work better together. They lessen each other’s side effects,” said Eloise Theisen, RN, MSN, director of the American Cannabis Nurses Association.

“CBD has value, but its value can be enhanced with the whole plant and we can develop more individualized medicine,” said Mary Lynn Mathre, RN, MSN, and president and co-founder of Patients Out of Time.

And again, it’s not just the cannabinoids.

“THC seems to potentiate all the effects of CBD and conversely, CBD affects THC,” explained Dr. Perry Solomon, chief medical officer for HelloMD. “Dr. Ethan Russo further supports this theory by demonstrating that non-cannabinoid plant components such as terpenes serve as inhibitors to THC’s intoxicating effects, thereby increasing THC’s therapeutic index. This ‘phytocannabinoid-terpenoid synergy,’ as Russo calls it, increases the potential of cannabis-based medicinal extracts to treat pain, inflammation, fungal and bacterial infections, depression, anxiety, addiction, epilepsy, and even cancer,” he said.

“Terpenes act on receptors and neurotransmitters; they are prone to combine with or dissolve in lipids or fats; they act as serotonin uptake inhibitors (similar to antidepressants like Prozac); they enhance norepinephrine activity (similar to tricyclic antidepressants like Elavil); they increase dopamine activity; and they augment GABA (the ‘downer’ neurotransmitter that counters glutamate, the ‘upper’),” Solomon continued.

The entourage effect makes whole plant medicine the preferred means of ingesting therapeutic marijuana, the trio agreed.

“I think that any whole plant medicine is more effective than any CBD-only product,” said Solomon.

“Whole plant medicine is the only way to go,” echoed Theisen.

“It’s safer and more effective, and tolerance will develop more slowly—if at all,” Mathre concurred.

The traditional method of consuming whole plant marijuana has been to smoke it, but that’s not an especially favored route among medical marijuana advocates. And there are other options.

“Vaporization or tinctures of whole plants. Any sort of extraction method that isn’t going to deplete it,” said Theisen.

“Delivery methods vary greatly in terms of their efficiency and their effects. I heard a colleague say that smoking a joint for therapeutic effect is akin to opening your mouth in the rain to get a drink of water,” said Constance Finley, founder and CEO of Constance Therapeutics. “Our preferred methods are buccal (cheek) ingestion or sublingual ingestion, vaping from a vaporizer or vape pen whose hardware is safe to use with cannabis extracts, and topical for additional localized impact.”

With whole plant superior to single-cannabinoid preparations, people living in states that have only passed CBD-only laws are not able to enjoy the full benefits of medical marijuana. That’s a damned shame, said an exasperated Mathre.

“We have lawyers and politicians practicing medicine without a license—they don’t know what they are talking about,” she said. “Clearly there may be some patients who need little to no THC, but the vast majority will benefit from it. Patients should have all of the options open to them and research needs to continue to help determine how to best individualize cannabis medicine.”

Phillip Smith is editor of the AlterNet Drug Reporter and author of the Drug War Chronicle.

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“You can’t put the genie back into the bottle”

 

 

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(Allen J. Schaben / Los Angeles Times)
Patrick McGreevyPatrick McGreevyContact Reporter

Warned of a possible federal crackdown on marijuana, California elected officials and cannabis industry leaders said Friday they were preparing for a potential showdown in the courts and Congress to protect the legalization measure approved by state voters in November.

The flashpoint that set off a scramble in California was a news conference Thursday at which White House Press Secretary Sean Spicer told reporters that the administration had no plans to continue the Obama administration’s permissive approach in states that have legalized marijuana for recreational use.

“I do believe that you’ll see greater enforcement,” he said, adding that the administration would continue to allow states to regulate the sale of marijuana for medical use.

The latest development could force California officials and marijuana industry leaders into an unusual alliance against the federal government, with billions of dollars in profits for businesses and taxes for state coffers at stake.

The state agency responsible for drafting regulations said Friday it was going ahead with its plans to start issuing licenses to growers and sellers in January.

“Until we see any sort of formal plan from the federal government, it’s full speed ahead for us,” said Alex Traverso, a spokesman for the California Bureau of Medical Cannabis Regulation.

In Congress, Rep. Dana Rohrabacher (R-Costa Mesa) plans to introduce legislation that could blunt Spicer’s threat by preventing the Department of Justice from enforcing federal laws against the recreational use of marijuana in states that have legalized it, a spokesman said Friday.

And industry officials warn that any federal crackdown in California and other states will result in many growers and sellers continuing to operate, but on the black market.

California Atty. Gen. Xavier Becerra says he is ready to safeguard the rights approved by 57% of voters in Proposition 64, which allows California adults to possess, transport and buy up to an ounce of marijuana for recreational use.

“I took an oath to enforce the laws that California has passed,” Becerra said in a statement Thursday after Spicer’s comments. “If there is action from the federal government on this subject, I will respond in an appropriate way to protect the interests of California.”

State lawmakers also say California should do what it can to preserve Proposition 64.

“We will support and honor the laws that California voters have democratically enacted,” said Assemblyman Rob Bonta (D-Oakland), an author of legislation creating the licensing system for medical marijuana dispensaries.

Becerra would likely be joined in any defense of the state’s marijuana policy by attorneys general in other parts of the country. Recreational use has also been legalized in Washington state, Colorado, Oregon, Alaska, Maine, Massachusetts and Nevada, home to a combined 68 million Americans.

Washington Atty. Gen. Bob Ferguson, who has worked with Becerra on opposing President Trump’s travel ban, said he and Democratic Gov. Jay Inslee last week asked for a meeting with U.S. Atty. Gen. Jeff Sessions to discuss how the recreational marijuana use system is working in their state.

California Lt. Gov. Gavin Newsom, a leading supporter of Proposition 64, took a similar approach, sending a letter Friday to Trump urging him not to carry through with threats to launch a federal enforcement effort.

“I urge you and your administration to work in partnership with California and the other … states that have legalized recreational marijuana for adult use in a way that will let us enforce our state laws that protect the public and our children, while targeting the bad actors,” the Democrat wrote.

If the Justice Department starts arresting licensed marijuana sellers, the multibillion-dollar industry would join forces with the states that issue permits to challenge the action in court, said Amy Margolis, an attorney whose law firm has more than 200 clients in the marijuana industry, including businesses in California.

“This industry is so mature and it’s so far along that I have no doubt that if the Department of Justice started true enforcement actions against cannabis businesses, that they would go to court,” Margolis said. “I see joint actions between the states and the industry hoping to prevent those type of actions.”

Margolis would argue that it is a states’ rights issue.

“The argument would be that this is a situation where the states have the right to regulate and tax an industry the way they want,” she said, adding that states are gaining tax revenue to pay for government programs.

Although federal law does not outline a medicinal use for marijuana, Trump administration officials have made public statements indicating they recognize that such a benefit exists, which could help the industry in a potential court case, Margolis said.

However, the states may find their hands tied legally if they try to keep federal agents from raiding and shutting down marijuana growing and sales operations, according to Adam Winkler, a professor at UCLA School of Law.

“I imagine that California will mount a legal challenge to any crackdown on recreational marijuana,” Winkler said. “Yet there is not much California can do. Federal law is supreme over conflicting state law. Federal agents are entitled to enforce federal law anywhere in the country, including California.”

He said there are limits to federal power, but the courts have held that the federal government does have the authority to enforce federal drug laws.

Aaron Herzberg, an attorney for the industry, agreed that the state would face a tough fight. He cited the 2005 case Gonzales vs. Raich, in which the U.S. Supreme Court found that under the commerce clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown marijuana even if states approve its use for medical purposes.

“Let’s face it: If the federal government wants to shut down recreational marijuana, they could quite easily accomplish it using federal law enforcement and taxation tools,” Herzberg said.

Others say one basis for legal action would be an argument that enforcing laws against marijuana would damage states that have put regulations in place and are depending on hundreds of millions of dollars in taxes to pay for government programs.

States are too far down the path of regulating, licensing and taxing those who are making big investments in the sanctioned marijuana industry to pull the rug out now, said Richard Miadich, an attorney who co-wrote Proposition 64.

“Given the strict regulatory structure set forth in Proposition 64, that medical and adult-use regulations are being developed in concert, and that public opinion is squarely on the side of states’ rights on this issue, I think it is impractical for the federal government to reverse course now,” he said. “Not to mention the potential for great harm to individual states.”

Supporters of Proposition 64 say there is also a potential political solution.

In recent years, Rohrabacher and former Rep. Sam Farr (D-Carmel) won congressional approval of a rider to the federal budget that prohibited federal funds from being used to prosecute medical marijuana businesses that are in compliance with state laws.

Rohrabacher plans to introduce legislation that would expand the protection to businesses that comply with state laws allowing the growing and sale of marijuana for recreational use, according to spokesman Ken Grubbs.

The congressman is planning the legislation “because recreational use is an issue of individual freedom and should be dealt with legally according to the principle of federalism, a bedrock conservative belief,” Grubbs said.

Rep. Ted Lieu (D-Torrance) is also “reviewing options to counteract whatever the Trump administration’s plans” are for state marijuana laws, said senior advisor Jack d’Annibale.

Another option, though a long shot, would be for Congress to attempt to change the federal Controlled Substances Act to decriminalize the use of marijuana nationally.

Herzberg said reinstituting federal raids would be “a major setback for the industry.”

But the state could still go ahead with a licensing system for medical marijuana growing and sales in spite of a federal crackdown on recreational use, according to Hezekiah Allen, head of the California Growers Assn.

“A vast majority of California growers and cannabis business owners would choose to participate only in the medical marketplace if given the option, and some would choose to avoid licensure entirely if they were unable to distinguish themselves from adult-use businesses,” Allen said.

Because Spicer did not provide details on what an enforcement effort might look like, many in the industry hope it will focus on the illegal exporting of marijuana to other states, leaving alone state-licensed firms that grow and sell pot.

“The biggest crackdown we may see is on the increase of cannabis being illegally exported out of recreational states,” said Nate Bradley, executive director of the California Cannabis Industry Assn.

State Sen. Mike McGuire (D-Healdsburg) said any change in federal enforcement policy on states that have legalized recreational use would be misguided.

“You can’t put the genie back into the bottle — marijuana regulation and enforcement can’t and shouldn’t go backwards,” he said.

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The DEA doesn’t see it as legal’ and that’s where he gets his medical license.”

FOX Files: Some doctors fear following Missouri’s medical marijuana law

Posted 11:15 pm, February 21, 2017, by Chris Hayes

ST. LOUIS, MO (KTVI)- A form of medical marijuana may be legal in Missouri, but patients are finding doctors afraid to even discuss it. It’s called CBD hemp oil, extracted from a type of marijuana that cannot get you high. It’s now legal in Missouri for treating intractable epilepsy, but families say some doctors are afraid to honor the new law.

Robert Tufts,  11, says it hurts when he seizes.

“It just feels like some sort of shock like, my brain, inside my head. I’ll just get a little fuzzy feeling and I’ll shake and I’ll be dizzy for a second.”

He takes a handful of pills he says sometimes make him feel worse.

“It just felt like I was so enraged and wanted to break everything.”

His mom, Stephanie, thinks CBD oil could be a better way, but she can’t convince her son’s doctor.

“His exact words to me were, ‘It’s not legal,’” said Stephanie Tufts.  “I said well the oil is legal here in Missouri and he basically came back with, ‘It’s not. The DEA doesn’t see it as legal’ and that’s where he gets his medical license.”

FOX 2 has learned only 66 families in Missouri have obtained medical cards to buy CBD oil, with potentially thousands of families asking for it.

Treasurer Eric Schmitt fought for the new law when he was State Senator.

“This idea that you’ve tried everything and it’s not working, but there may be something that is now legal in the State of Missouri to now possess and use and that a doctor and a hospital would not allow families to access that – there’s no excuse for it,” said Schmitt.

Schmitt has met with hospital administrators across the State trying to get them to reconsider.

“I know for a fact that there are neurologists in those hospital systems that want to be able to recommend, but are not being allowed to by the lawyers. And I think that that’s just…it’s unconscionable.”

There is one hospital working with patients.  It’s in St. Louis, SSM Health Cardinal Glennon Children’s Hospital.

Dr. Sean Goretzke with SSM said, “Even though there might be some negatives and some side effects, (we felt) there was a certain percentage of patients that we owed it to to do everything we could to try to help within a safe and reasonable effort.”

Dr. Goretzke is director of child neurology at SSM Health Cardinal Glennon Children’s Hospital.

“Cases where this works are really highly publicized. There’s a lot of social media attraction to it and those are great and we’re happy about those. But we know this isn’t going to work for every patient, just like every other medicine we have.”

Patients must first try three traditional prescriptions without success.  The marijuana strain that’s cultivated for its CBD oils does not contain the psychoactive THC, which hurts brain development, but Dr. Goretzke says there’s no research to answer whether CBD oil could still present risks.

“The majority of kids we are treating with this substance are so delayed from the burden of their seizures, maybe from the side effects of their other medications, that we feel the potential benefit for this medicine far outweighs those risks,. But with a typically developing child we’re still just not quite sure yet.”

He acknowledged they must start somewhere, but said it would help if there was research money to help answer their concerns.  Dr. Goretzke also said this is not a mandate and the hospital will respect individual doctors who might not want to be part of it.

Follow Fox 2’s Chris Hayes on Facebook https://www.facebook.com/ChrisHayesTV/

Follow Fox 2’s Chris Hayes on Twitter @ChrisHayesTV

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Time 4 Hemp Presents: Cannabinoid Profiles: A Crash Course

Time 4 Hemp

Crash-Course in CBGs

The Time4Hemp Network has set up a very educational and informative series which they are calling the “Cannabinoid Profiles Series”.

Anyone who needs or wants to review a course in Cannabinoids should start here!

 

Cannabinoid Profile: Tetrahydrocannabinol (THC)

 

The LINKS for the series is below:

Cannabinoid Profiles Series

1. Meet Your CB Receptors

2. A Crash Course in THC

3. A Crash Course in CBD

4. A Crash Course in THC

5. A Crash Course in CBG

6. A Crash Course in CBC

7. A Crash Course in THC

8. A Crash Course in CBN

9. A Crash Course in CBDs

SOURCE LINK:

(OR) Senate Bill 301 may make marijuana drug tests illegal in the workplace

by Kimberly Kolliner

Monday, January 30th 2017

MEDFORD, Ore. – Regardless of if it’s legal in the state, right now, failing a marijuana drug test could cost you your job.

“For us, marijuana is still classified federally as a schedule 1 controlled substance so we do include it in our drug screening,” People’s Bank Chief Operating Officer, Jeri Reno.

However, this may change.

The Oregon Senate has introduced Bill 301, which proposes marijuana testing in the work place to be illegal, because its use in the state is legal.

This is something that Reno sees no immediate threat with.

“I think that’s going to be a wave of the future in that just like alcohol, marijuana is going to be used recreational and it would be honored as such. I think we’ll just see what it brings,” Reno said.

As an employer, Reno says work performance is the only thing she would be concerned with.

Something the bill also clearly outlines.

“We essentially are looking for employees who are productive and without possibility of being impaired in the workplace,” Reno said.

She believes if marijuana is used on employees off time, it should have no burden on employees while they’re on the clock.

“I would think our employees would continue to be responsible in the way they use marijuana or alcohol and I wouldn’t see much difference in the workplace,” Reno said.

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Santa Rosa marijuana processing plant back in business

JULIE JOHNSON

THE PRESS DEMOCRAT | December 14, 2016, 8:29PM

| Updated 38 minutes ago.

 

In a white-walled room deep inside a southwest Santa Rosa building once used to manufacture heart stents, 11 specialized machines to extract concentrated cannabis rumbled, hummed and popped in production for California’s largest legal marijuana manufacturing operation.

Five months ago, law enforcement officers hauled away extraction machines and other equipment worth about $3 million from the Circadian Way facility, halting production and forcing the company, CannaCraft, to address a series of code violations. One of its founders, Dennis Hunter, was briefly jailed.

Since then, California and the city of Santa Rosa have begun embracing cannabis manufacturing with new regulations that allow producers of medical marijuana-infused products to operate openly. And state voters legalized recreational use of marijuana, adding to the system of regulations advocates hope will bring marijuana businesses into the mainstream.

CannaCraft this week received a final level of approval from the city of Santa Rosa to run its multimillion-dollar enterprise, making it the first in the city — and among only a handful of companies statewide — to receive local authorization to manufacture marijuana-infused products for medicinal use. The Santa Rosa plant is the largest cannabis extraction and manufacturing facility in the state, said Nate Bradley, executive director of the California Cannabis Industry Association, a Sacramento trade group.

“It’s a sign of how the times have changed when we have local governments in support of manufacturing,” Bradley said. “Santa Rosa is leading the way in the state.”

Operating under the name CannaCraft, the 150-employee organization is a group of companies founded by Hunter, Edward Fussell and others. One company, CBD Guild, handles manufacturing and packaging. Sonoma Lab Works provides testing services, such as tests that detect the presence of pesticides or fungus in cannabis. Critical Solutions builds extraction equipment. CannaCraft is the management, finance and regulatory compliance arm of the organizations.

The Supercritical CO2 Fluid Extraction machines each day produce about 30 to 35 pounds of raw concentrated cannabis, a yellow wax-like substance with a floral odor that when further refined is used to make oils and sprays marketed for a range of medicinal purposes.

On Wednesday, the company brought a group that included several Santa Rosa City Council members, Sonoma County Supervisor Efren Carrillo, and a representative from Assemblyman Jim Woods’ office among others to tour the facility.

“We want to be the company that helps tear down stigmas for cannabis,” Hunter said to the group during a catered lunch in which they announced plans to hire developmentally disabled adults in a special off-site facility that makes packaging for the company but doesn’t handle cannabis products.

The specter of prosecution still hangs over Hunter, a Rohnert Park resident who was arrested July 15 on suspicion of manufacturing a controlled substance, a felony. He was arrested on the morning the company’s facility was raided by a group of officers from Santa Rosa and the U.S. Drug Enforcement Administration.

Law enforcement seized about $5 million worth of property, including the extraction machines, about $500,000 in cash for payroll and another $1.5 million in products, according to company spokesman Nick Caston.

Hunter was released within about 24 hours, and no charges have been filed.

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New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal

Bruce Barcott

December 14, 2016

The US Drug Enforcement Administration (DEA) this morning made CBD oil a little more federally illegal in a little-noticed bureaucratic maneuver this morning.

Today’s Federal Register (Dec. 14, 2016) contains an item (21 CFR Part 1308) that establishes a new drug code for “marihuana extract.”

“This code,” wrote DEA Acting Administrator Chuck Rosenberg, “will allow DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana.” The move, the Register entry explained, is meant to bring the US into compliance with international drug-control treaties.

There is no major change in law brought about by the Register item. Rather, it serves to clarify and reinforce the DEA’s position on all cannabis extracts, including CBD oil. That position is: They are all federally illegal Schedule I substances.

CBD oil derived from hemp is now commonly available nationwide via web sites and mail order services. Those operations survive on the assumption that cannabidiol products below the legal threshold for THC percentage in hemp (0.3 percent or less) are technically legal.

Not so, says the DEA.

In the DEA comment on the entry, Rosenberg directly addressed the question: What if it’s only cannabidiol (CBD) and no other cannabinoids? The agency’s response: “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code” and therefore remain federally illegal. In other words: The DEA is confident that it can find enough traces of other cannabinoids in your CBD oil to arrest and prosecute. And if they can’t, they still have the option of arresting and prosecuting based on the CBD oil itself.

RELATED STORY

Is CBD from Cannabis the Same as CBD from Cannabis?

Is your CBD derived from hemp? Doesn’t matter to the DEA. The new extracts classification applies to all “extracts that have been derived from any plant of the genus Cannabis and which contain cannabinols and cannabidiols.” Hemp is not a separate genus. (Although it may be a separate species; lot of debate on that point.) Legally speaking, hemp is simply cannabis with no more than 0.3 percent THC content.

The new rule seems to clarify the DEA’s position on hemp-derived CBD, which entered a legal gray area following Congress’ passage of the 2014 farm bill. That legislation allowed certain states to grow hemp in pilot projects, and blocked federal law enforcement authorities (ie, the DEA) from interfering with state agencies, hemp growers, and agricultural research.

What DEA Administrator Rosenberg seems to be saying with this clarification is: You may be able to grow hemp. But if you try to extract CBD oil from it, the DEA considers that a federal crime.

The rule did not contain any hint as to when the DEA will step into the 21st century and stop using the archaic version of the word “marihuana.”

Lead Image: Brennan Linsley/AP

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