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Oklahoma Medical Marijuana Rundown

Oklahoma Medical Marijuana Rundown

In June of 2018, Oklahoma surprised the country. The state voted to legalize medical marijuana.

Oklahoma medical marijuana State Question 788 was passed by the majority of people in the state, allowing the people to consume, grow and if licensed, sell medical marijuana.

The program is run by the Oklahoma Medical Marijuana Authority (OMMA), in conjunction with the Oklahoma State Department of Health to ensure regulatory oversight. Compared to other medical marijuana states, the Oklahoma medical marijuana program is pretty progressive.

Oklahoma Medical Marijuana Laws

Submitted as State Question 788, the people of Oklahoma passed a new section of law to be added to the Oklahoma Statutes. Section 420 of Title 63 permits an individual to posses a state issued medical marijuana license.

An Oklahoman with a medical marijuana license is allowed the following:

  • To consume marijuana legally
  • To possess up to 3 ounces of marijuana on their person
  • To possess 6 mature marijuana plants
  • To possess 6 seedling plants
  • To possess 1 ounce of concentrates
  • To possess 72 ounces of edibles, and
  • To possess up to 8 ounces of marijuana in their residence.

However there were also changes to how possession of marijuana is handled in general. Being in possession of up to an ounce and half without a medical marijuana license is punishable by a $400 fine and a misdemeanor, if the subject can provide a medical condition. How strictly this will be enforced is yet to be seen.

Individual and Business Licensing

Licenses for both Oklahoma medical marijuana patients and businesses are obtained through a straight forward application process. The applications are easily accessible on the OMMA page of the Oklahoma government website. It costs $200 for an individual to apply for a medical marijuana license, and only $20 to apply for those on Medicare and Medicaid.

To apply for dispensary, commercial growing, or processing permits, one must pay an application fee of $2,500. The requirements for obtaining these three business licenses are the same:

  • Applicants must be 25 or older
  • Applicants applying as an individual must show residency in the state of Oklahoma
  • All applying members, managers and board members are Oklahoma residents
  • An applicant can show ownership of non-Oklahoma residents, but that percentage of ownership cannot exceed 25%
  • Applicants must be registered to conduct business in Oklahoma
  • Applicants must disclose all ownership
  • Applicants with nonviolent felony convictions in the last two (2) years, or applicants with any other felony conviction in five (5) years, inmates or anybody currently incarcerated is not qualified for a license.

In addition to these requirements, retailers must submit monthly reports to the Department of Health to keep track of weight sold, revenue and taxes. Commercial growers are restricted to only selling cannabis wholesale to licensed retailers. Growers will also submit monthly reports, detailing monthly yields, amount harvested in pounds, drying or dried marijuana on hand, amount sold to processors, amount of waste in pounds and more. However, there is no limit on the amount of cannabis a licensed grower can grow.

Processors are no different, and much submit a monthly report detailing the amount of marijuana purchased, amount of waste and wholesale sales to the Oklahoma Department of Health.

Oklahoma Medical Marijuana Applications

As of December 2018, over 22,000 people have been approved for personal Oklahoma medical marijuana licenses, 785 dispensaries have been licensed, and there are more than 1,200 licensed commercial growers and 270 licensed processors in the state. It hasn’t even been a year since Question 788 was approved, and Oklahoma is already kickstarting its medical marijuana industry.

Growers are pumping out close to 50 pounds a month already thanks to the regulation’s strict deadlines included by the people of Oklahoma that forced the state to accept applications within 60 days of Question 788’s passing. The state has already brought in $7.5 million from registration fees, and now that dispensaries have opened, the 7% sales tax will begin getting collected for additional revenue.

Is Oklahoma Ahead of The Curve?

Oklahoma medical marijuana has taken off more quickly than any other state program in the country. Less than 6 months after being passed, growers are growing, dispensaries are selling, and the people of Oklahoma are buying.

It’s possible that Oklahoma may be moving too fast. With no limit on how much a licensed grower can produce, the state may end up facing a similar issue to Oregon. Having too much marijuana and not enough people to buyl it might result in a collapse of the marketplace as the price of medical marijuana drops.

However as a medical marijuana program as opposed to Oregon’s recreational market, Oklahoma medical marijuana will be more strictly regulated by the Department of Health, which will hopefully push growers toward quality over quantity. 

At the rate the Oklahoma medical marijuana industry is moving, it won’t be long before we see the first results of the new industry. 

New Year, New Industry

New Year, New Industry

2018 was a big year for the cannabis industry. 2019 is poised to change the industry even more.

The cannabis industry grew on a global scale in 2018. Not just in the United States, but around the world. More places are starting to accept cannabis as medicine and recreation, with even more planning to get on board in 2019.

While there are plenty of small or local changes to cannabis in the US, here some of the biggest changes in the cannabis industry that came in 2018.

Canada Legalization

Canada legalization of cannabis was a major victory for the industry in 2018. The government of Canada legalized the recreational use of cannabis across the entire country, with local governments still being able to limit the law. 

However compared to legalization within some states of the United States, Canada legalization is run entirely by the government instead of private businesses. All licensed grows, manufacturers and retailers are government run. This has had a split impact on the industry as a whole in Canada.

While access to cannabis has become much easier — consumers can order cannabis online, for delivery, directly from a government website — supply currently cannot meet demand, causing backorders, long delays, moldy and stale product, and other problems.

The biggest problem Canada legalization has adversely caused is an increased use of the private market. If they government can’t supply its people but says it can be the only source, people will go to the private market to get the products they want without the long delay and risk of bad product.

Farm Bill and Industrial Hemp

difference between hemp vs cannabis CBD

At the end of December 2018, Donald Trump surprisingly signed the Farm Bill of 2018, also known as the Agriculture Improvement Act of 2018. Among many other adjustments to the agricultural industries in the US, the farm bill also separated the definition of industrial hemp to be different from that of cannabis.

Before the bill was signed, hemp and cannabis were under the same definition, with a sub-definition of hemp being any part of the cannabis plant with less than .3% THC. However, as sub-definition, it was still considered a Schedule 1 narcotic under the Controlled Substances Act of 1970.

The farm bill separated industrial hemp from the traditional cannabis definition, and created a federal definition of industrial hemp, being the same definition as before, but off of the controlled substances list. This has opened up the possibility for a massive hemp and CBD industry to develop.

While it’s too soon to say where the industry is headed — it will most likely be a year before the new bill takes full effect — the Farm Bill and legalization of industrial hemp means big things for the future of the cannabis industry.

First Year of California Legalization

california legalization needs to be controlled by farmers

California has a population with over 10 million more people than the second place contender, Texas. It was expected for the legalization of cannabis in California to expand the already developed marketplace in the state to great new bounds. However the new laws in place have had almost the opposite effect.

The cannabis marketplace in California was already the biggest in the country, despite the majority of growth occurring in the private market. It was inevitable, then, that the new, legal market would work its hardest to eradicate this competition. 

Extremely limited licenses available to the highest bidder resulted in hundreds of farms and private operations having to shut down, simply by not being able to afford a legal license. This was the case for a large portion of the cannabis community in California, opening up the door for larger companies with more capital interests to enter the market.

With the biggest companies buying as many licenses as possible, the OGs of the industry are left with little options. Either continue to operate in the private market and hope to get a license before getting caught, or leave the industry in California. 

It’s been a tough year for a thousands of growers across California, and 2019 most likely won’t prove to be much different. Despite its flaws however, California will still be a huge legal cannabis marketplace, and most likely surpass all other states, with the end result being the eradication of the private market entirely in the state.

An Eventful Year

2018 was a year full of surprises. Colorado passing Amendment X, The Farm Bill, California’s industry revelations and more. This year had its ups and downs, it’s issues that split the community, but overall the industry is in a better place than it was a year ago.

More states have legalized both recreationally and medicinally, cannabis is more acceptable in social culture than ever before, and more people are learning about the lies they were told during the drug war movement. Some are already saying 2019 will be the year of weed, while others think the bubble is bound to burst any day now.

We’ll just wait and see what’s in store for cannabis in 2019!

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Hemp vs Canabis CBD

Hemp vs Canabis CBD

If you’re familiar with CBD and its medicinal benefits, you may be wondering how to get it, or even more so, where it comes from in the first place.

If you have no idea what we mean when we say CBD, check out our starter guide to CBD explaining the basics.

CBD is most commonly found in industrial hemp and cannabis plants. But is there really a difference between the two? It isn’t so much that CBD from hemp is better or worse than CBD from cannabis, but how hemp is grown compared to cannabis makes a big difference.

Hemp vs Cannabis

Traditionally, Hemp is grown on an industrial scale, hence the name industrial hemp. Plants grow closer together, forcing them to grow up instead of out.

In contrast, cannabis is grown more spaced out which allows the leaves and flowers to fan out and gain potency. While hemp is mainly used for its stalks in uses from making paper to clothing, cannabis is bred much differently.

The biggest difference between hemp and cannabis is the THC content. Hemp is grown to have minimal THC. To legally be considered hemp, that amount must be no more than .3%.

Cannabis on the other hand is usually grown to have as much THC as possible in order to provide its maximum psychotropic effects, AKA the “high”.

Hemp Legality

So, a hemp plant with a THC content of .5% would be considered psychotropic cannabis and therefore federally illegal. This is despite the fact that such a low THC content would have little to no effect on the average person.

In fact, industrial hemp was made legal in 2009 by the Industrial Hemp Farming Act. But if you couldn’t guess by the name of the bill, this only applies to industrially grown hemp.

This “legal” hemp was only permitted for use by research facilities or higher education research. So unless the hemp was being grown on an industrial scale for the sole purpose of higher education research, hemp was still illegal.

However in December of 2018 the Agricultural Act of 2018, commonly known as the Farm Bill, was passed by the House, Senate and President Donald Trump. This new farm bill changes the definitions of industrial hemp.

This means that hemp will no longer just be grown for research purposes, but an actual commercial marketplace can be established.

Hemp CBD vs Cannabis CBD

Now that hemp has been legalized, the already blurred lines separating hemp CBD and cannabis CBD from a legality standpoint have become even more blurry. However this is actually good for the consumer.

Hemp traditionally carries more CBD, whereas cannabis carries more THC. Through crossbreeding of low-THC cannabis strains with high-CBD hemp strains, new strains are being created that look, smell and taste like regular cannabis, but have .3% or less.

Soon, hemp flower will look identical to cannabis flower, and more people will start to consume high CBD flower as much as THC flower. Industrial hemp for now will still be grown mostly on large scale for mass production of CBD medications derived from the whole plant. 

The reality is hemp and cannabis are the same plant, they have just been bred in different ways. Now that hemp is legal, the two will start to merge again, and we might even see some new breeds start to appear. It’s an exciting time to look into hemp.

2018 Farm Bill Explained

2018 Farm Bill Explained

The 2018 Farm Bill has passed the House and Senate. After Trump signs, Industrial Hemp will be federally legal.

UPDATE: This article was written just before Trump’s signing. The article has now been updated to reflect the new status of the 2018 Farm Bill.

The 2018 Farm Bill has been signed by Donald Trump and passed into law, making Industrial Hemp federally legal. You might be thinking that it already was legal due to the 2009 Farm Bill, but not in the way you think.

This new bill (legally titled the Agriculture Improvement Act of 2018) differs from the 2014 Farm Bill in a few ways. The biggest difference being the new definition of Industrial Hemp being added.

2014 Farm Bill

Five years ago, the 2014 Farm Bill was passed, which defined Industrial Hemp as, “the plant Cannabis Sativa L., and any part of such plant, whether growing or not, with a delta-9 THC concentration of not more than 0.3% (on a dry weight basis).”

The 2014 bill also distinguished between marijuana and hemp for the first time. The laws enacted by the 2014 Farm Bill allowed for the cultivation of industrial hemp for research purposes, as part of an agricultural program, or as permitted by state law.

Also allowed under the previous bill was the study of the “marketing of Industrial Hemp”. The vagueness of this clause allowed states to set up agricultural pilot programs that also permitted commercial sales of industrial hemp. However, interstate commercial activity is not expressly permitted under the 2014 Farm Bill.

The 2018 Farm Bill changes that too.

2018 Farm Bill

The 2018 Farm Bill drastically alters the current legal landscape governing Industrial Hemp production in the United States.

First, the 2018 Farm Bill defines “hemp”as any part of the plant, “including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not,” with a THC concentration of not more than 0.3% THC on a dry weight basis. The 2018 Farm Bill also amends the CSA (Controlled Substances Act) to exclude “hemp” from the definition of “marihuana.”

The 2018 Bill also creates a specific exemption in the CSA for THC found in hemp. These expanded definitions and corresponding exemptions from the CSA could also apply to imported hemp. Meaning the new bill will allow for the importation and exportation of industrial hemp to and from the United States.

Unfortunately those convicted of a felony involving a controlled substance are barred from participating in any hemp program established under the 2018 Farm Bill. While lawmakers were hopeful that this would be revised in the final version of the bill, it appears that it wasn’t.

Federal Regulation of Industrial Hemp

The 2018 Farm Bill also amends the Agricultural Marketing Act of 1946 (“AMA”) to allow for federally-sanctioned hemp production under the authority of the USDA. This means the USDA is now the sole federal regulatory agency overseeing hemp production in the United States.

However, states will be able to submit their own proposals to the USDA for state-regulated programs. These programs must stay within the confines of the USDA requirements, including:

  • a practice to maintain relevant information regarding land on which hemp is produced in the applicable jurisdiction;
  • a procedure for testing THC concentration levels of hemp produced in the applicable jurisdiction;
  • a procedure for the effective disposal of products produced in violation of the statute;
  • a procedure to comply with the statutory enforcement procedures;
  • a procedure for conducting annual inspections to verify that hemp is not produced in violation of the statute; and
  • other practices or procedures as the Secretary of Agriculture considers to be appropriate and consistent with the statute.

Should a state decide not to submit a plan for its own regulatory procedures, that state can simply apply for licensure directly through the USDA. In states with approved plans, all those participating in the program must adhere to the state laws that are established.

In addition, the 2018 Farm Bill explicitly states that “nothing in this title authorizes interference with the interstate commerce of hemp.” As such, the 2018 Farm Bill will open up clear legal pathways to interstate transport in the United States. 

The 2018 bill also requires the USDA to conduct a study within 120-days of enactment to determine the economic viability of the domestic production and sale of hemp.

With the 2018 Farm Bill now signed and passed into law, it’s a matter of time before the hemp industry explodes. However, the 2014 Farm Bill will remain in effect until a solidified plan is established by the USDA, which will most likely take a year. 

So don’t expect to see hemp products popping up at your local grocery store any time soon.

Michigan Marijuana is Legal But You Can’t Buy It Anywhere

Michigan Marijuana is Legal But You Can’t Buy It Anywhere

Michigan marijuana is now legal for adults to consume and grow. But where can they buy it?

The answer is nowhere. Michigan marijuana is legal for adults to grow, consume, and even “gift” to one another now. Yet there isn’t a single dispensary plan in place yet.

This may read similar to another article I wrote regarding Massachusetts legalization. They had a similar problem establishing a legal marketplace for consumers. While Massachusetts has finally opened two dispensaries for the entire state after two years of legalization, Michigan is poised to move more quickly.

Michigan Marijuana Laws

While Michigan has legalized cannabis for adult use, I wouldn’t go packing your bag for a vacation to the Great Lakes quite yet. Adults can grow 12 of their own plants (twice as many as Colorado) and possess up to 10 ounces in their homes. There’s a line in Proposition 1 that allows adults to “purchase” recreational cannabis. But there is none to buy.

Massachusetts, Maine and Vermont all did something similar. All these states have legalized cannabis for adults, but have no market to legally purchase cannabis. Basically, because of poorly written laws, these states have given a free pass to private market businesses. 

Not Getting Stuck

The Michigan marijuana market is ahead of the curve, even if just slightly. Proposition 1 included a mandatory deadline for establishing a regulated market.

A year from now, a plan should be approved and in place to begin legal sales of recreational cannabis in Michigan. An additional rider was included that allows people to apply for licensing directly through the municipality. This acts as an assurance that the local governments stay on track.

To elaborate, Massachusetts had no such deadline or rider in place to ensure a timely roll out of a regulated marketplace. Because of this, local municipalities that did not approve of the state’s decision could refuse applications simply on the basis of not wanting legal cannabis in their town.

Michigan’s rider in Proposition 1 will guarantee that local governments don’t stand in the way of legalization. So while Maine’s governor fights legalization tooth and nail, and Vermont has no plans for a legal market yet, Michigan is already planning ahead.

A Big Step For Cannabis

Michigan is the first Midwestern state to legalize cannabis for adult use. Other states in the region will certainly be watching to see how the market turns out.

For now, however, state residents craving some fresh Michigan marijuana will either have to grow it themselves or buy it on the private market. So for now — even though cannabis is legal — unless you’re growing it, you’re still breaking the law in Michigan. Hopefully that changes soon!

Amendment X Explained: Colorado’s hemp laws

Amendment X Explained: Colorado’s hemp laws

Hemp was just voted out of the Colorado constitution. What does this mean for hemp farmers in the state?

When Amendment 64 passed in 2012, Coloradans also voted to add the definition of industrial hemp to the state’s constitution. This in turn required legislators to establish regulations regarding cultivation, processing and distribution. Amendment 64 also resulted in the establishment of the Industrial Hemp Regulatory Program in the state Department of Agriculture.

Amendment X changes this completely.

Amendment X

The constitutional definition of Colorado hemp is very similar to current federal law. The original language defined hemp as, “the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths percent (.03%) on a dry weight basis.”

The federal definition of industrial hemp is nearly identical to the Colorado hemp laws put in the constitution, but that’s not the main purpose of Amendment X. The goal is to not get left behind.

Keep in mind, the only benefit of the constitutional definition was its protection against federal government, should they change their definition of industrial hemp for the worse, such as lowering the allowable THC limit below .03%.

Keeping Colorado Hemp in the Game

There has been a lot of talk of industrial hemp getting a facelift in the federal law books soon. This could mean the federal definition completely changing, or just being updated. One of the more popular predictions is that the law will change to raise the allowable THC limit to 1% as opposed to the current definition of .03%.

If Coloradans had voted against Amendment X, Colorado hemp would have maintained its constitutional definition, meaning even if the federal government raised the allowable limit to 1%, Colorado hemp farmers would still have to abide by the constitutional law of the state, and maintain .03% or less. This makes the reasons for approving Amendment X rather justified.

What Happens Next?

The people of Colorado have voted to approve Amendment X, taking industrial hemp out of the state constitution, and putting it in line with federal definitions. Should the federal definition change, Colorado laws regarding industrial hemp will change with it. Colorado also has the option to create statutory laws regarding hemp in the state.

This means that Colorado could pass its own law (outside of the constitution) raising the allowable THC limit to 1%. However the state would risk fierce backlash from the federal government, as it would go against federal law. The constitutional definition that is now removed protected Colorado’s hemp farmers from persecution, and some worry now that this decision will open them back up to federal persecution.

What will most likely happen, is not much. Colorado is now in line with most states in the country, and is on par to adjust its definitions as federal law changes. Considering the definition in Colorado’s constitution was the same as the federal definition, there will be little difference noticed by most.

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