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Marijuana brands can trademark almost anything, except marijuana

Marijuana brands can trademark almost anything, except marijuana

The Columbian / Associated Press

LOS ANGELES — Hi is a cannabis brand. Its logo — “hi” in white letters inside an orange circle — can be found above the front door of a Portland marijuana shop and on a handful of cannabis products, including massage oil and Hi Releaf pain-relief balm.

But you wouldn’t guess any of that from Hi’s trademark filings. In 2015, the brand’s parent company, Cannabis Sativa Inc., filed a trademark application — not for any of Hi’s core products, but for hats, T-shirts and a wide array of other apparel.

If the U.S. Patent and Trademark Office signs off on the application, Cannabis Sativa would be able to stop other companies from using the Hi brand on clothing, but it might not be able to stop rivals from setting up Hi-brand marijuana shops or selling knockoff Hi-brand products.

This is the odd state of affairs for trademark protection in the cannabis industry, one of the many byproducts of the gap between state and federal marijuana laws.

Though cannabis is legal for recreational or medicinal use in 28 states, it remains illegal under federal law. As a result, the U.S. Patent and Trademark Office will not register trademarks for marijuana retailers or for products that contain cannabis.

“You want to protect what you’re doing with the brand name,” said David Tobias, president of publicly traded Cannabis Sativa, “but you have to dance around it.”

One popular strategy for cannabis companies that can’t trademark their core products is to seek protection for a host of ancillary products and services.

“I call it the ‘circle the wagons’ approach,” said Todd Winter, an attorney outside Los Angeles who works with marijuana companies. “We get everything trademarked that we can, tangential to the actual cannabis product itself.”

The idea, one that is largely untested so far, is that if a cannabis company registers its trademark for other products, that will scare off would-be copycats and allow the company to be first in line if the federal government eases its stance on pot.

Cannabis Sativa applied for an apparel trademark and hopes to put its Hi brand on other products, including lozenges for smokers.

Stoner comedian Tommy Chong’s brand, Chong’s Choice, which sells a line of pre-rolled marijuana cigarettes, has applied for a trademark for vaporizers and “tobacco” jars.

Related products

Altai, a brand of cannabis chocolates, is seeking trademark protection for its name brand as a provider of information about medical cannabis.

Mary Shapiro, a San Francisco attorney, said the goal is to get something federally trademarked — and the more closely related to marijuana, the better. She is working with Salinas firm Indus Holdings, Altai’s parent company, on its trademark application.

Once a company has even applied to register a trademark, it’s noted in a federal database. When companies set out to submit trademark applications of their own, they search that database to see if their brand name is already in use — and if so, how it’s being used.

The goal of trademark law is to prevent consumer confusion, and different companies can use the same name for products as long as their products are in different categories and wouldn’t cause confusion.

The Patent and Trademark Office would likely reject a trademark application for a soap brand with a name similar to Unilever’s Dove, for instance, but it didn’t stop candy company Mars from trademarking Dove-brand chocolate.

The same rules apply in the cannabis industry, but it’s tricky. Unilever can make clear in its trademark application that Dove makes soap, which lets other companies know they shouldn’t try applying for a similar trademark for soap-related products.

Cannabis companies, however, have to be more circumspect, hoping that a trademark for rolling papers or providing cannabis information will be enough of a hint that a company has laid claim to a cannabis-related trademark.

“It raises a red flag that there’s a company already operating in the space,” Shapiro said. “Basically, it’s a warning sign that someone else has claimed rights to the name in connection to cannabis.”

Along with scaring off potential competitors, there’s another potential benefit: If the Patent and Trademark Office were to start approving trademarks for cannabis products, companies with cannabis-related marks could be first in line.

Going back to that notion of preventing confusion, trademark protection can apply not only to products a company makes now, but to products that a company might reasonably be expected to make later on — what trademark lawyers call the zone of natural expansion.

Even before Unilever started making Dove-brand shampoo, it would have been hard for another firm to trademark that name, as consumers might reasonably expect Dove soap and shampoo to come from the same company.

That’s why Winter is helping one of his clients, Arizona cannabis candy company Baked Bros, apply for a trademark on syrups and gummy candies that contain CBD, a hemp extract that’s available nationwide. The Patent and Trademark office has approved trademarks for other products containing CBD.

Winter said CBD is about as close to marijuana as the trademark office will go. If the office approves Bake Bros’ application, Winter said he believes marijuana products would be within the company’s zone of expansion.

“From a legal standpoint, if you have a hemp-based product under your brand, no one will be able to get a cannabis-related trademark for a similar brand,” he said.

Still, the “circle the wagons” strategy isn’t foolproof, and it comes with challenges of its own. To get and keep a trademark, companies actually have to use it.

To maintain its “hi” clothing trademark, Cannabis Sativa will actually have to sell some clothes. They’re not widely available for now, though Hal Lewis, the company’s national sales manager, said he plans to launch an online store this year. Chong’s Choice will have to keep selling jars and vaporizers, which are available online and at marijuana shops in a few states.

That represents a threat for cannabis brands. If customers love a company’s weed but not its other products, the company could lose its trademark altogether, said Alison Malsbury, another attorney who specializes in cannabis trademarks.

“The Patent and Trademark Office is looking for more than just token sales,” she said. “If you’re not continually using the trademark, it can be canceled and you can lose everything.”

What’s more, she and other attorneys note that the strategy cannabis companies are using remains untested. Unless and until the federal government decides to allow cannabis trademarks, companies can’t be sure their cannabis-adjacent trademarks will be able to carry over to pot products. And so far, there’s been little legal squabbling between cannabis companies, meaning there’s not much precedent for companies to rely on.

“We don’t really have any test cases,” Malsbury said.

But that could change as the cannabis industry continues to grow. Winter suspects disputes between cannabis companies have been rare in part because the industry is tightknit.

As money floods in and competition heats up, he expects companies to develop sharper elbows.

“There’s a fair amount of peer pressure within the industry to not use someone else’s brand,” he said. “But that’s changing a little with the dynamic of multimillionaires and billionaires investing in the industry.”

(Why?)
Published at Wed, 18 Jan 2017 14:00:42 +0000

What Trump means for legal weed in Washington: We ask a pot pioneer

What Trump means for legal weed in Washington: We ask a pot pioneer

The Columbian / Associated Press

He sat between Whoopi Goldberg and Barbara Walters on “The View,” parried with Stephen Colbert on the Comedy Channel, and declined Bill O’Reilly’s repeated offers to appear on his show.

As the first mainstream newspaper editor in the U.S. dedicated to covering legal weed, Ricardo Baca blazed a trail few of us could’ve imagined a few years ago.

He led The Denver Post’s creation of The Cannabist, a digital publication focused on all things weed. The Cannabist staff grew from two to seven people last year, it got more page views than High Times, and made enough money to support itself while adding — modestly, Baca said — to The Post’s bottom line.

The Cannabist also was the subject of a documentary film, “Rolling Papers.” Fortune magazine ranked Baca as one of the seven most powerful people in American cannabis and the Brookings Institution said he’s one of 12 people to watch on marijuana policy.

Baca announced last month he was leaving The Cannabist to take a position at a technology startup in Denver.

“Once we launch in several months we will be servicing marijuana businesses all over world,” he told The Seattle Times. Until then Baca is not disclosing more about the name of the company, who he’s working with and what they’re doing.

The Seattle Times talked with Baca about his pioneering gig.

The Seattle Times: Voters in Washington and Colorado approved legal weed at the same time, in the November 2012 election. What’s the different about the two states and weed?

Baca: The biggest difference is implementation time and you guys taking five-plus months more and what it meant for rollout and coverage. (Colorado began legal sales in January 2014; Washington started in July 2014.) For those five-plus months there was only Colorado. Before you guys ever came on line, I was writing front-page stories and taping the documentary that turned out to be “Rolling Papers.”

There’s a minor difference in shopping. Everything is prepackaged in Washington, while Colorado is still an open-jar experience (with customers selecting buds from big glass jars). It’s also worth noting on the cultivation side we allow six to 12 plants per household and we only have one county that allows outdoor cultivation.

Any predictions for Washington consumers?

We are entering the time where regulators have had opportunities to tweak and tickle the rules in place. I think now we can start tackling some of the smaller problems like home-growing. I think it’s a shame that individuals in Washington can’t grow at home, given all we know about this substance and that it is safer and less deadly than other substances including nicotine and alcohol. It’s hypocritical, ridiculous and shortsighted. I also think social use or public consumption needs to be addressed. … The places to legally consume weed you’re legally buying is infinitesimal. … It’s hypocritical to allow tourists to buy and then don’t give them any opportunity to consume that substance.

When do you think pot will be legalized nationally?

A: I think 10 years is a good number. Here we are four years into this experiment … granted it’s only the tip of the iceberg, but we finally have this data disproving so many fears and propaganda. Once we have more robust data I don’t see how people can keep this substance prohibited. I think in 10 years we’ll see some form of federal legalization because it allows some interstate commerce. We’ll just have everything grown (outdoors) in Northern California and they can supply the rest of the country. … It’s going to make a lot more sense. I believe 1 percent of Colorado’s overall energy use is by indoor cannabis growers using massive amounts of energy. Just like avocados and almonds, most of our cannabis should be grown in California and trucked to us.

Isn’t it sad that pioneers in our states could get left by the wayside?

There’s a lot of potential for sadness. Eventually federal legalization is going to happen and if you’re not the best of the best in Colorado and Washington, you’re probably not going to have your business for much longer.

What does Donald Trump mean for legal weed?

I’m one of the voices that doesn’t believe Trump means the end of the legal marijuana experiment. He has been very clear he’s pro-states’ rights. (Trump’s nominee for U.S. Attorney General) Jeff Sessions had mixed messages in his Senate confirmation hearings (this week). Given all their other priorities, I can’t imagine where that leaves them time for legalization. They can read polls from the nation’s most legitimate pollsters saying the nation as a whole wants legalization. The last election was such a definitive win, with eight of nine states voting for legalization (of recreational or medical marijuana). Are you really going to go after weed when medical marijuana is now legal in Arkansas? I think it’s past the tipping point.

Your favorite interview?

After 15 years of requesting interviews with Willie Nelson (Baca was previously a music critic) I got an hour on the tour bus with Willie in San Diego. … I ended up with such a spectacular experience at a table opposite him in the Honeysuckle Rose. I told him, ‘I love your music but I want to spend all my time talking about cannabis.’ He said, ‘All right, go for it.’ I appreciated hearing him talk about his first experience with the plant. He had a booze problem and he smoked too much and was playing rough and tumble roadhouses around Fort Worth when he found cannabis was a substance that didn’t make him crazy or put him in compromising positions that getting hammered on alcohol does. It was a compelling story and it was also my story. Once I did discover cannabis four or five years ago I learned instantly this is my intoxicant of choice. More and more, as I talk to people I realize I’m just one of many.

The most surprising thing you learned on the job?

I think it all comes down to reefer madness and going back to your own high-school education and thinking about all the (nonsense) we’ve been told about cannabis destroying lives. Of course weed is not without its dangers and not for everyone. But when I finally dug into the beat and talked to doctors and researchers about what we know, and then learned about the Nixon administration and how they pretty much made up the War on Drugs and started a smear campaign against cannabis.

I grew up as a pretty good kid. I kept my nose clean. I trusted presidents and teachers and then to have my world view shattered made me more cynical.We’re about to say goodbye to our first living president who said cannabis is no more dangerous than alcohol.

I’m thrilled to be part of a movement that helped to spread fact-based, science-based quality information on a substance so maligned over the decades. If in the end I helped stamped out any misinformation about weed then I did my job.

(Why?)
Published at Sat, 14 Jan 2017 14:00:41 +0000

Study proves benefits of cannabis to treat chronic pain

Study proves benefits of cannabis to treat chronic pain

Although people have used cannabis for its therapeutic for centuries, there has been little in the way of rigorous scientific study to show conclusive evidence of its medical benefits.

Until now.

The National Academy of Sciences, Engineering and Medicine has released a comprehensive report called The Health Effects of Cannabis and Cannabinoids that acknowledges “conclusive or substantial evidence” exists for cannabis’ benefits for treating chronic pain, and sharply criticized federal barriers to marijuana research in the U.S. – in particular the classification of cannabis as a Schedule I prohibited substance under federal law. Researchers considered more than 10,000 scientific abstracts to reach nearly 100 conclusions, and the report also proposes ways to expand and improve the quality of cannabis research efforts.

“For years the landscape of marijuana use has been rapidly shifting as more and more states are legalizing cannabis for the treatment of medical conditions and recreational use,” said head researcher Marie McCormick. “This growing acceptance, accessibility, and use of cannabis and its derivatives have raised important public health concerns.  Moreover, the lack of any aggregated knowledge of cannabis-related health effects has led to uncertainty about what, if any, are the harms or benefits from its use.  We conducted an in-depth and broad review of the most recent research to establish firmly what the science says and to highlight areas that still need further examination.”

Here’s what they found:

Therapeutic Effects

One of the therapeutic uses of cannabis and cannabinoids is to treat chronic pain in adults.  The committee found evidence to support that patients who were treated with cannabis or cannabinoids were more likely to experience a significant reduction in pain symptoms.  For adults with multiple sclerosis-related muscle spasms, there was substantial evidence that short-term use of certain “oral cannabinoids” – man-made, cannabinoid-based medications that are orally ingested – improved their reported symptoms.  Furthermore, in adults with chemotherapy-induced nausea and vomiting, there was conclusive evidence that certain oral cannabinoids were effective in preventing and treating those ailments.

Injury and Death

Evidence suggests that cannabis use prior to driving increases the risk of being involved in a motor vehicle accident.  Furthermore, evidence suggests that in states where cannabis use is legal, there is increased risk of unintentional cannabis overdose injuries among children.  In one study, ingestion was the most common route of unintentional pediatric exposure, accounting for 78 percent of all incidents.  Another study reported that from 2000 to 2013, the annual rate of poison center calls related to cannabis exposures among children younger than 6 years of age was 2.82 times higher in states that had legalized medical cannabis prior to 2000 than in states where medical cannabis remained illegal as of 2013.  The committee called for more research to determine whether and how cannabis use is associated with death or with occupational injury.

Cancer

Regarding the link between marijuana and cancer, the committee found evidence that suggests smoking cannabis does not increase the risk for cancers often associated with tobacco use – such as lung and head and neck cancers.  The committee also found limited evidence that cannabis use is associated with one sub-type of testicular cancer and insufficient evidence that cannabis use by a mother or father during pregnancy leads to a greater risk of cancers in the child.

Heart Attack, Stroke, and Diabetes

The committee said that more research is needed to determine whether and how cannabis use is associated with heart attack, stroke, and diabetes.  However, some evidence suggests that cannabis smoking may trigger a heart attack.

Respiratory Disease

The evidence reviewed by the committee suggests that smoking cannabis on a regular basis is associated with more frequent chronic bronchitis episodes and worse respiratory symptoms, such as chronic cough and phlegm production, but quitting cannabis smoking is likely to reduce these conditions.  The committee stated that it is unclear whether cannabis use is associated with certain respiratory diseases, including chronic obstructive pulmonary disease, asthma, or worsened lung function.

Immunity

There is a lack of data on the effects of cannabis or cannabinoid-based therapeutics on the human immune system, as well as insufficient data to draw overarching conclusions concerning the effects of cannabis smoke or cannabinoids on immune competence, the committee stated.  There is also insufficient evidence to support or refute a statistical association between cannabis or cannabinoid use and adverse effects on immune status in individuals with HIV.  Nevertheless, limited evidence suggests that regular exposure to cannabis smoke may have anti-inflammatory activity.

Mental Health

The evidence reviewed by the committee suggests that cannabis use is likely to increase the risk of developing schizophrenia, other psychoses, and social anxiety disorders, and to a lesser extent depression.  Alternatively, in individuals with schizophrenia and other psychoses, a history of cannabis use may be linked to better performance on learning and memory tasks.  Heavy cannabis users are more likely to report thoughts of suicide than non-users, and in individuals with bipolar disorder, near-daily cannabis users show increased symptoms of the disorder than non-users.

Cannabis Use and the Abuse of Other Substances

The committee found limited evidence that cannabis use increases the rate of initiating other drug use, primarily the use of tobacco.  However, the committee found moderate evidence to suggest that there is a link between cannabis use and the development of substance dependence and/or a substance abuse disorder for substances including alcohol, tobacco, and other illicit drugs.

Psychosocial

The committee found that learning, memory, and attention are impaired after immediate cannabis use.  Limited evidence suggests that there are impairments in cognitive domains of learning, memory, and attention in individuals who have stopped smoking cannabis.  In addition, there is limited evidence to suggest that cannabis use is related to impairments in subsequent academic achievement and education as well as social relationships and social roles.  Adolescence and young adulthood are when most youth begin to experiment with substances of abuse, including cannabis, and it is during these periods that the neural layers that underlie the development of cognition are most active.  The committee also found limited evidence of an association between cannabis use and increased rates of unemployment and low income.

Prenatal, Perinatal, and Neonatal Exposure

Smoking cannabis during pregnancy is linked to lower birth weight in the offspring, some evidence suggests. However, the relationship with other pregnancy and childhood outcomes is unclear.

Challenges and Barriers in Conducting Cannabis Research

In addition to recommending more research on the beneficial and harmful effects of cannabis and cannabinoid use, the committee emphasized several challenges and barriers in conducting such research.  For instance, specific regulatory barriers, including the classification of cannabis as a Schedule I substance, impede the advancement of research.  Researchers also often find it difficult to gain access to the quantity, quality, and type of cannabis product necessary to address specific research questions.  The committee said a diverse network of funders is needed to support cannabis and cannabinoid research.

The study was sponsored by Alaska Mental Health Trust Authority, Arizona Department of Health Services, California Department of Public Health, Centers for Disease Control and Prevention (CDC), CDC Foundation, U.S. Food and Drug Administration, Mat-Su Health Foundation, National Highway Traffic Safety Administration, National Institutes of Health National Cancer Institute, National Institutes of Health National Institute on Drug Abuse, Oregon Health Authority, Robert W. Woodruff Foundation, The Colorado Health Foundation, Truth Initiative, and Washington State Department of Health.  The National Academies of Sciences, Engineering, and Medicine are private, nonprofit institutions that provide independent, objective analysis and advice to the nation to solve complex problems and inform public policy decisions related to science, technology, and medicine.  The National Academies operate under an 1863 congressional charter to the National Academy of Sciences, signed by President Lincoln.  For more information, visit http://national-academies.org.

(Why?)
Published at Sun, 15 Jan 2017 19:07:29 +0000

Best Buds: Snoop + Willie Nelson

Best Buds: Snoop + Willie Nelson

Mrs. Nice Guy

Willie Nelson and Snoop have quite the bromance.

Both have collaborated on some of the best smoking songs (My Medicine and Superman), both smoke hella weed, and both have recently been big names in the ganjapreneur game. With such a tight bond, I thought it was dope AF that Snoop gifted Willie Nelson with a Christmas sweater emblazoned with the words “Smoke Weed Everyday” on it. (via)

The post Best Buds: Snoop + Willie Nelson appeared first on Mrs. Nice Guy.

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Published at Wed, 04 Jan 2017 21:35:34 +0000

Me. I Am Mariah… The Elusive Chanteuse Hits Aspen Dispensary

Me. I Am Mariah… The Elusive Chanteuse Hits Aspen Dispensary

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Recommended article: The Guardian’s Summary of Julian Assange’s Interview Went Viral and Was Completely False.

Published at Tue, 03 Jan 2017 17:45:40 +0000

Medicinal CBD now OK in UK

Medicinal CBD now OK in UK

Products containing cannabidiol (CBD) used for medical purposes are now officially classed as medicines in the United Kingdom.

The Medicines & Healthcare products Regulatory Agency (MHRA) said it had looked at CBD because a number of manufacturing companies had been making “overt medicinal claims” about products.

Gerald Heddel, director of inspection and enforcement at the agency, told Sky News: “The change really came about with us offering an opinion that CBD is in fact a medicine, and that opinion was based on the fact that we noted that people were making some quite stark claims about serious diseases that could be treated with CBD.”

He said that a review of the evidence showed that “it was clear that people are using this product with the understandable belief that it will actually help”.

— Read the full story by Sarah Hajibagheri at Sky News

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Recommended article: The Guardian’s Summary of Julian Assange’s Interview Went Viral and Was Completely False.
Published at Mon, 02 Jan 2017 23:51:15 +0000

Emerald Health Adopts Advance Notice Policy

Emerald Health Adopts Advance Notice Policy

Emerald Health Therapeutics Inc. (TSXV: EMH) announces the adoption by its board of directors of an advance notice policy (the “Advance Notice Policy”) regarding director elections.

The purpose of the Advance Notice Policy is to provide a clear process for the shareholders, directors and management to follow when nominating directors of the Company. Such a policy will ensure that shareholders receive adequate notice of director nominations and sufficient information regarding all director nominees and to allow shareholders to register an informed vote after having been afforded reasonable time for appropriate deliberation.

The Advance Notice Policy, among other things, includes a provision that requires advance notice to the Company in certain circumstances where nominations of persons for election to the board of directors are made by shareholders of the Company. This Advance Notice Policy also sets a deadline by which director nominations must be submitted to the Company prior to any annual general or special meeting of the shareholders and also sets out the required information that must be included in the notice to the Company. No person will be eligible for election as a director of the Company unless nominated in accordance with the Advance Notice Policy.

In the case of an annual general meeting of the shareholders, notice to the Company must be made not less than 35 days and not more than 65 days prior to the date of the annual general meeting. If the annual general meeting is being held on a date that is less than 50 days following the date on which the first public announcement of the meeting was made, notice may be made not later than the close of business on the 10th day following such public announcement.

In the case of a special meeting of shareholders (which is not also an annual general meeting) called for the purpose of electing directors, notice to the Company must be made not later than the close of business on the 15th day following the day on which the first public announcement of the date of the special meeting was made. Notwithstanding the foregoing, the board of directors may, in its sole discretion, waive any requirement of the Advance Notice Policy.

The Advance Notice Policy is now in effect and will apply in connection with the Company’s next annual general meeting (the “Shareholders’ Meeting”). The Company intends to seek shareholder approval and ratification of the Advance Notice Policy at the Shareholders’ Meeting. If the Advance Notice Policy is not ratified by ordinary resolution of the Company’s shareholders at the Shareholders’ Meeting, then it will terminate and be void and of no further force or effect following the termination of the Shareholders’ Meeting.

A full description of the Advance Notice Policy will be contained in the information circular to be prepared for the Shareholders’ Meeting and mailed to the Company’s shareholders. A copy of the Advance Notice Policy is available on SEDAR under the Company’s profile at www.sedar.com

ON BEHALF OF THE BOARD

Jim Heppell

Lead Director

Emerald Health Therapeutics Inc.

Emerald Health Therapeutics wholly owns Emerald Health Botanicals, which has been granted licenses under the Access to Cannabis for Medical Purposes Regulations to sell and cultivate medical cannabis, and to produce and sell medical cannabis oils in Canada.

Neither the TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.

SOURCE Emerald Health Therapeutics, Inc.

For further information: Sandy Pratt, CFO, Emerald Health Therapeutics, P: 250-818-9838, E: invest@emerald.care
Published at Mon, 19 Dec 2016 20:06:52 +0000

Cannabis Culture co-owner Jodie Emery arrested at Montreal hotel

Cannabis Culture co-owner Jodie Emery arrested at Montreal hotel

Shortly after her husband Marc was arrested by Montreal police at a newly opened dispensary in the Plateau neighbourhood, Cannabis Culture co-owner Jodie Emery was also taken away in handcuffs from her hotel.

Marc Emery is due to appear in court today (Dec. 17) after his arrest along with nine others last night during raids on six of his new recreational cannabis shops in Montreal.

Nine of those arrested were released on a promise to appear, but the self-styled Prince of Pot refused to sign. He faces charges of trafficking, possession for the purposes of trafficking, and conspiracy.

The Cannabis Culture Twitter account announced that, while sales were suspended, they would be giving away from joints at their storefronts at 1863 Rue Amherst and 2200 Ave de Mont-Royal Est.

The federal government is expected to table legislation legalizing cannabis in early 2017, but current federal laws still prohibit the sale of recreational marijuana.

Published at Sat, 17 Dec 2016 19:56:34 +0000

Oregon marijuana ads flourish on Craigslist

Oregon marijuana ads flourish on Craigslist

The Columbian / Associated Press

It started with making marijuana products at home for herself and her husband. Then, she thought, “People might buy these.”

The woman, who lives in Keizer, figured she could make money off a medical marijuana-filled, holiday-themed gift box.

The gift box had pot-infused body butter (“to rub on achy muscles”), massage oil (“perfect for the bedroom”), a 4-by-5 inch Rice Krispie edible and other treats. She makes it all herself and is proud of the body butter. She said it helped her mom’s foot arthritis.

The box costs $100. “I just thought it’d be a fun thing for Christmas,” she said.

She posted an ad for the pack, as many have done for marijuana in Oregon, through the online bazaar Craigslist.

As Oregon growers, processors and dispensaries in the legal cannabis business navigate state regulations and shortages on the marketplace, some people are looking to the online shopping website as an outlet for moving their pot.

Craigslist ads for marijuana are flourishing in the state, whether barterers want to trade for money or goods.

Here’s a sample of posts the Statesman Journal found on the website: The holiday basket. Half an ounce of buds for $40 of groceries in Estacada. And in one instance, a Lebanon Craigslist user writes they will trade “a few ounces of marijuana” for three Hatchimal toys, which have been highly coveted this holiday season.

That user, who did not give their name, said in an email the toys were for their kids.

“I don’t think it should be illegal to barter marijuana now that it’s legal,” the user said. “I mean that’s the same as saying people that have a hunting (license) can’t trade or sell some of their meat to people for something they need or want.”

Even though Oregon has legalized marijuana, selling it online is against the law.

Case in point: Oregon State Police cited Jason Owen, of Sandy, after he tried to trade 1 pound of marijuana for a snowmobile in October.

A state trooper owned the rig and met with Owen after consulting other law enforcement officials. Police cited the 29-year-old for possession and delivery of marijuana. In his vehicle, Owen had 1 1/2 pounds of marijuana.

“Marijuana sales need to occur at an approved dispensary per statute,” said Cpt. Bill Fugate, a spokesman for the State Police. That means the Oregon Liquor Control Commission or Oregon Health Authority has to approve the dispensary.

Oregon law enforcement officials call for relaxed drug-possession punishments

In September, the Oregon Association Chiefs of Police and the Oregon State Sheriffs’ Association called for “a more thoughtful approach to drug possession when it is the only crime committed.”

The associations said there should be more treatment options for drug possession-related crimes, and there should be fewer felony charges handed out; they should be treated as misdemeanors.

Paige Clarkson, trial team leader for the Marion County Attorney’s Office drug team, said she didn’t know of any investigations on Craigslist marijuana sales. She said there would have to be an investigation before the District Attorney’s office would give a response.

Online pot: It’s not like selling a sweater on Etsy

Under Oregon law, it’s legal for people 21 years of age or older to possess up to a certain amount of recreational pot. But that doesn’t mean they can peddle it online like a knitted sweater.

“No, you can’t sell marijuana on Craigslist,” said Mark Pettinger, a spokesperson for the OLCC, which regulates recreational sales.

In fact, even Craigslist rules don’t allow the sale of “prescription drugs, medical devices; controlled substances and related items,” or “any good, service, or content that violates the law or legal rights of others.”

Pettinger said you can gift marijuana, but there can’t be money involved. The commission has said that asking for “donations” is also prohibited, though that appears to be a popular tack with some Craigslist users.

For carded medical marijuana users, the rules are a little different but still strict.

The state allows transfer of medical marijuana between carded patients and other specific entities. The path of transfer for medical marijuana is “highly regulated” and “explicitly defined,” said Chris Westfall, the compliance unit manager with the Oregon Health Authority.

“This is not like selling your used, out-of-date furniture,” he said.

One patient can exchange their products with another patient “for no financial consideration,” according to a Health Authority document provided by Westfall.

When shown the ad for the holiday gift box, Westfall said: “The example your link points to is certainly not by someone registered with (the Oregon medical marijuana program) as a processor or a dispensary.

“None of the items displayed are properly labeled or tested, and, by the image and the narrative explanation of one Krispy being sufficient for multiple people, they would exceed the concentration limits,” he said.

The seller said she has made some $150 on her products so far.

Asked if she knew about the rules around selling marijuana on Craigslist, she said: “Yeah, I know it’s kind of a gray area.”

The Columbian / Associated Press

It started with making marijuana products at home for herself and her husband. Then, she thought, “People might buy these.”

The woman, who lives in Keizer, figured she could make money off a medical marijuana-filled, holiday-themed gift box.

The gift box had pot-infused body butter (“to rub on achy muscles”), massage oil (“perfect for the bedroom”), a 4-by-5 inch Rice Krispie edible and other treats. She makes it all herself and is proud of the body butter. She said it helped her mom’s foot arthritis.

The box costs $100. “I just thought it’d be a fun thing for Christmas,” she said.

She posted an ad for the pack, as many have done for marijuana in Oregon, through the online bazaar Craigslist.

As Oregon growers, processors and dispensaries in the legal cannabis business navigate state regulations and shortages on the marketplace, some people are looking to the online shopping website as an outlet for moving their pot.

Craigslist ads for marijuana are flourishing in the state, whether barterers want to trade for money or goods.

Here’s a sample of posts the Statesman Journal found on the website: The holiday basket. Half an ounce of buds for $40 of groceries in Estacada. And in one instance, a Lebanon Craigslist user writes they will trade “a few ounces of marijuana” for three Hatchimal toys, which have been highly coveted this holiday season.

That user, who did not give their name, said in an email the toys were for their kids.

“I don’t think it should be illegal to barter marijuana now that it’s legal,” the user said. “I mean that’s the same as saying people that have a hunting (license) can’t trade or sell some of their meat to people for something they need or want.”

Even though Oregon has legalized marijuana, selling it online is against the law.

Case in point: Oregon State Police cited Jason Owen, of Sandy, after he tried to trade 1 pound of marijuana for a snowmobile in October.

A state trooper owned the rig and met with Owen after consulting other law enforcement officials. Police cited the 29-year-old for possession and delivery of marijuana. In his vehicle, Owen had 1 1/2 pounds of marijuana.

“Marijuana sales need to occur at an approved dispensary per statute,” said Cpt. Bill Fugate, a spokesman for the State Police. That means the Oregon Liquor Control Commission or Oregon Health Authority has to approve the dispensary.

Oregon law enforcement officials call for relaxed drug-possession punishments

In September, the Oregon Association Chiefs of Police and the Oregon State Sheriffs’ Association called for “a more thoughtful approach to drug possession when it is the only crime committed.”

The associations said there should be more treatment options for drug possession-related crimes, and there should be fewer felony charges handed out; they should be treated as misdemeanors.

Paige Clarkson, trial team leader for the Marion County Attorney’s Office drug team, said she didn’t know of any investigations on Craigslist marijuana sales. She said there would have to be an investigation before the District Attorney’s office would give a response.

Online pot: It’s not like selling a sweater on Etsy

Under Oregon law, it’s legal for people 21 years of age or older to possess up to a certain amount of recreational pot. But that doesn’t mean they can peddle it online like a knitted sweater.

“No, you can’t sell marijuana on Craigslist,” said Mark Pettinger, a spokesperson for the OLCC, which regulates recreational sales.

In fact, even Craigslist rules don’t allow the sale of “prescription drugs, medical devices; controlled substances and related items,” or “any good, service, or content that violates the law or legal rights of others.”

Pettinger said you can gift marijuana, but there can’t be money involved. The commission has said that asking for “donations” is also prohibited, though that appears to be a popular tack with some Craigslist users.

For carded medical marijuana users, the rules are a little different but still strict.

The state allows transfer of medical marijuana between carded patients and other specific entities. The path of transfer for medical marijuana is “highly regulated” and “explicitly defined,” said Chris Westfall, the compliance unit manager with the Oregon Health Authority.

“This is not like selling your used, out-of-date furniture,” he said.

One patient can exchange their products with another patient “for no financial consideration,” according to a Health Authority document provided by Westfall.

When shown the ad for the holiday gift box, Westfall said: “The example your link points to is certainly not by someone registered with (the Oregon medical marijuana program) as a processor or a dispensary.

“None of the items displayed are properly labeled or tested, and, by the image and the narrative explanation of one Krispy being sufficient for multiple people, they would exceed the concentration limits,” he said.

The seller said she has made some $150 on her products so far.

Asked if she knew about the rules around selling marijuana on Craigslist, she said: “Yeah, I know it’s kind of a gray area.”

Published at Mon, 12 Dec 2016 17:34:09 +0000

Canadian task force wants to legalize pot

Canadian task force wants to legalize pot

The Columbian / Associated Press

TORONTO — Canada’s government said Tuesday it would study a federal task force’s recommendation that Canadians over 18 years old be allowed to buy marijuana for recreational purposes and would announce new laws in the spring that would legalize pot.

Prime Minister Justin Trudeau has long promised to legalize recreational pot sales and use. If passed, Canada would be the largest developed country to end prohibition of recreational marijuana. Voters in California, Massachusetts, Maine and Nevada voted Nov. 8 to approve the use of recreational marijuana, joining Colorado, Washington, Oregon and Alaska, where it had previously been legalized.

The marijuana task force report, headed by former Canadian Liberal Health Minister Anne McLellan, recommended that adults could carry up to 30 grams for recreational purpose and grow up to four plants. It also recommended that higher-potency pot be taxed at a higher rate than weaker strains. And said recreational marijuana should not be sold in the same location as alcohol or tobacco. Under the proposals, alcohol-free cannabis lounges would be allowed.

Published at Wed, 14 Dec 2016 01:47:50 +0000