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Is New York Next to Legalize Cannabis?

Is New York Next to Legalize Cannabis?

New support from New York’s Farm Bureau could be the final push the state needs to legalize cannabis. But will it be enough?

The New York Farm Bureau issued a memo Monday backing a bill that would legalize, tax and regulate marijuana in New York, which lawmakers are considering before they end their annual session June 19. And farmers have a lot to gain if this bill passes and New York decides to legalize cannabis.

This bill specifically includes measures meant to ensure struggling farmers in New York’s poorer counties get a chance to break in to the marijuana and hemp industries. While the farming industry in New York isn’t in any risk of shutting down any time soon, getting preferential treatment should the state legalize cannabis would mean big money for the industry.

What’s in the New York Bill to Legalize Cannabis

The bill, should it pass, would create a new Office of Cannabis Management to oversee the recreational and medicinal marijuana industries, as well as the hemp industry.

Only those above the age of 21 would be able to legally purchase marijuana, and local governments would have the ability to hold a public referendum to block legal sales within their borders. This has happened in states like Massachusetts, where local governments kept cannabis illegal despite the state’s decision to legalize cannabis for adult us.

The bill overall is relatively standard for states that legalized in the past. Adult use, cultivation and sale will be permitted, but until the bill passes, there won’t be an Office of Cannabis Management to begin working on the details.

Farmers Might Not Be Enough

While the Farmers Bureau represents over a thousand farms in New York state, the only votes that matter in this case are those of the Democrats in New York. 30 Democrats have gotten on board with the bill, but 32 are needed to pass without any Republican support.

However the Democrats are confident that the bill will at least have enough votes to pass the lower chamber, and Governor Cuomo of New York has pledged to sign the bill if it gets to his desk.

New York has the third largest population of any state in the country, an a legal cannabis market would bring in massive amounts of revenue to the state. While California has had a slew of problems since they legalized cannabis due to the surplus of private market growers and illegal dispensaries, New York wouldn’t have the same problem.

If done right, New York could potentially become the new cannabis hub of the world. But that is a big IF.

Should New York legalize, there’s going to be a bunch more farmers planting clones outside for the very first time. Luckily The Real Dirt has that covered.
Did the USDA Really Deschedule THC?

Did the USDA Really Deschedule THC?

The USDA did deschedule THC. Just not in the way people currently believe.

An article that has exploded within the cannabis community claims that the USDA quietly “legalized” THC last week. While this isn’t entirely wrong, it is incredibly misleading. This is because the descheduling of THC by the USDA only applies to THC in hemp.

For a quick refresher, The Farm Bill of 2018 legalized industrial hemp. This “legal” hemp is defined as any cannabis plant with a THC percentage of .3% or less. But if THC is still on the controlled substances list, how can that be?

The USDA on THC

In a memorandum submitted to the Secretary of Agriculture on May 28th, the USDA gives a legal opinion on provisions to the Farm Bill. They point out a specific amendment in the newest version of the bill that removed THC in hemp from the Controlled Substances Act (CSA). 

By amending the definition of marijuana to exclude hemp as defined in AMA §297A, Congress removed hemp from schedule 1 and removed it entirely from the CSA. This means hemp is no longer considered a controlled substance at all. With the amendment to exclude THC in hemp from schedule 1, Congress has also removed THC in hemp from the CSA.

Now, that last sentence from the memorandum is what people are getting excited about. When paraphrased to say, “Congress has removed THC from the CSA,” it’s easy to see why. But the key words in the entire amendment is “IN HEMP”.

THC in Hemp

This is where the entire article claiming THC is legal falls apart. Hemp has a very specific definition, that being the definition requiring a THC content of .3% or less to be considered hemp. It makes perfect sense that THC in hemp would need to be legal, in order for legal hemp to be able to contain any amount of THC. In other words, because hemp can contain up to .3% THC, that THC needs to be legal for the hemp to be legal.

Now, because of hemps legal definition pertaining to any cannabis plant with .3% THC or less, surpassing the .3% threshold disqualifies the plant as hemp. Under this legal definition, anything above .3% THC is considered psychoactive cannabis, which is still a controlled substance that is federally illegal.

Why it Matters

The article that broke this story hinted at future possibilities with this newly legal THC, like simply breeding hemp to have higher THC. And that’s what makes this article lose all credibility.

Remember when I said that to be legally considered hemp, the cannabis plant must have a THC content of .3% or less? And remember what happens when the THC content surpasses that .3%? It’s no longer hemp.

While this article suggests that the USDA basically just added a magic loophole that will now allow breeders to grow THC rich hemp, it forgets to mention that by doing so, the plant will no longer be hemp. If the author knew the origins of the cannabis plant, they would know that most of the THC-rich strains we consume today were bred to have that high content from what originally was European Hemp with almost no THC to begin with.

What this article is suggesting, is basically repeating the entire history of cannabis breeding, so we can turn the legal hemp we have now, back into illegal cannabis. If you want The Real Dirt’s legal advice, we suggest that you don’t do that. THC has been legalized in the sense that as long as it is in hemp, and does not surpass .3%, it is legal. Once it leaves the hemp, or surpasses .3%, you’re entering some dangerous territory.

But hey, you can judge for yourself! Read the full USDA Memorandum right here.

CBD Laws Could Be Changing

CBD Laws Could Be Changing

CBD has gotten too big for the FDA not to intervene. The question now is what are they going to decide?

Contrary to the hundreds of CBD products you can buy online and at your local health store that would suggest otherwise, CBD isn’t technically legal. However it isn’t technically illegal either. And that’s why there’s a problem.

CBD is a naturally occurring cannabinoid in the cannabis plant. A relative of the cannabis plant that was just legalized, hemp, also contains CBD. With hemp legal, people saw no problem in breeding hemp specifically for CBD to make products.

However, CBD was not included in the legislation that legalized hemp, and because it is also found in psychoactive cannabis cultivars, there’s some controversy over whether or not it should be legal. Now almost 6 months after legalization, the FDA is finally getting involved.

FDA CBD Laws

With economists predicting that the CBD industry could reach a market worth of $16 Billion by 2025, the FDA has no choice but to make a regulation decision. Compared to other non-FDA approved products, CBD is already much more well known and popular, and even dangerous, should the FDA decide so. Which is why their decision is so important.

During a hearing at the end of May, the FDA will be presented with remarks from manufacturers, consumers, health professionals, academics, and more on scientific data and information about CBD products that contain cannabis or cannabis-derived compounds, such as CBD.

Because of the wide range of uses for CBD, from foods and face creams to pills and oils, the FDA needs to regulate CBD more strictly compared to other ingredients that may just be used in one specific product. With now CBD laws specifically on the books, more and more pressure is being placed on the FDA to regulate.

Potential Outcomes

There are a lot of way the FDA could decide to regulate CBD laws. In the worst case scenario, they could ban CBD altogether. This is pretty unlikely, as the now ex-Commisioner of the FDA had stated in February of 2019 that the FDA would take a more “flexible” approach to CBD regulation.

What seems more likely, is the FDA regulating CBD to only be allowed to be extracted from legal, industrial hemp, while banning CBD extraction from cannabis, i.e. any other cannabis plant with a THC level over .3%. They could also permit CBD extraction from any cannabis plant as long as there is no THC included.

All we can do for now is speculate while the hearing takes place, but many CBD business owners and entrepreneurs will be anxiously awaiting the results.

The Future of the CBD Industry

It’s probably safe to say at this point that if the FDA did decide to ban CBD altogether, there would be massive, nationwide outrage. From the parents who use CBD as medicine for children with epilepsy, to the avoid CBD consumers who have made the cannabinoid an essential element of their daily nutrient routine.

While obviously the former would be most negatively affected by a full CBD ban, it would be the masses who consume CBD recreationally that would have the biggest voice in the matter. And with so many hopping on board the CBD bandwagon, we can assume CBD isn’t going anywhere.

Colorado Cannabis Delivery and Social Consumption Makes Big Moves

Colorado Cannabis Delivery and Social Consumption Makes Big Moves

Cannabis has been legal in Colorado since 2012. But it’s been hard to figure out where it’s safe to consume it.

Unless you owned a home or had a cool landlord, you would be at a loss trying to find a safe place to consume the cannabis you just bought. Since legalization, it has been illegal to consume cannabis in a public setting in Colorado. 

The only place that was legal to consume was a private residence. As mentioned before, if you’re renting and your landlord puts a “no cannabis” rule in the lease, you’re out of luck (as someone in that situation I can vouch for the inconvenience).

But finally, that’s all about the change.

House Bill 1230

Under this new bill, dispensaries will be able to apply for a tasting room license similar to the one used for breweries in this state, while businesses such as hotels, restaurants, music venues, art galleries and yoga studios can apply for private consumption licenses and limited cannabis sales.

Mobile cannabis lounges such as tour buses and limousines would also be licensed but could not sell cannabis. Social consumption businesses would have to apply for a license through the state Marijuana Enforcement Division, and would be exempt from the Colorado Clean Indoor Air Act, a state law that bans public indoor smoking.

“In expanding access to regulated spaces for adults to consume cannabis, we are taking the responsible approach to cannabis consumption in a safe environment,” says Senator Vicki Marble, one of the bill’s prime sponsors, in a statement about the bill. “HB 1230 protects the will of voters who asked for the freedom to choose marijuana as an alternative and to curb dealing and use in parks and on the street.”

Nothing is Final

There are still some hurdles before cannabis cafes can open in your town. Governor Jared Polis still needs to sign the bill into law, which appears to be pretty likely at this point.

However, even if Polis signs the bill, local governments would have to opt in to the new licensing program, and could modify it to ban certain forms of consumption, such as indoor smoking. And the City of Denver’s social marijuana consumption licensing program, which already has its own location qualifications and bans indoor smoking, would remain unaffected by new stipulations in the bill, unless Denver City Council or the mayoral administration decide to alter it.

Baby Steps are Still Steps

If there’s anything the members of the cannabis community have learned through the years, it is that cannabis regulation moves slow. While counties in Colorado will be able to begin the application process in January of 2020, should Polis sign the bill, counties can still make their own regulations.

It’s likely that many places will still ban indoor smoking even with the new law permitting this with the proper licensing. However a big driving force behind this bill specifically was the cannabis tourism industry in the state. With current laws, out-of-state visitors who legally purchase cannabis cannot consume it in hotels.

With House Bill 1230, hotels and other local businesses could gain additional tourism revenue by getting on board and applying for a public consumption license.

cannabis delivery in colorado could soon be legal

Dispensaries in Colorado could start using free delivery as a sell point if the new cannabis delivery bill passes.

Cannabis Delivery in Colorado

The day before the passing of House Bill 1230, House Bill 2019-1234 passed the state Senate with a vote of 20-14, and the state House with a vote of 38-27. The bill allows for “marijuana delivery permits” for licensed medical marijuana dispensaries and “transporters” to deliver their products to private residences once a day only.

Should the bill get the final signature from Polis, medical cannabis delivery would start in 2020, with recreational delivery following soon after in 2021. A $1 surcharge would be tacked on to each delivery made and would then be funneled back into local law enforcement for the sole purpose of administering local marijuana laws. 

Those licensed to make such deliveries would also be protected from criminal prosecution while on the job. Similarly to the other bill, local county governments and city councils could still restrict deliveries.

Proponents of cannabis delivery in Colorado site those medical patients that cannot make it to a dispensary due to immobility or other issues and a desire to eliminate the illegal delivery market currently operating in the state, while opponents worry that cannabis delivery could damage in-person dispensary sales and even open the opportunity for big players like Amazon to eventually take over.

Nevertheless it looks like a bright future lies ahead for cannabis consumption in Colorado, and it’s about time. For over 6 years cannabis consumers in the state have had to hide or find somewhere secluded enough that they wouldn’t get caught.

Hopefully these bills will get the final signature from Polis and we can begin to move forward into the next phase of legal cannabis in Colorado.

Cannabis Dispensary Jobs: Tips for success

Cannabis Dispensary Jobs: Tips for success

Cannabis dispensary jobs are more available today than ever before.

The cannabis industry isn’t showing any signs of slowing down. Several states have legalized cannabis for medical or recreational use just this year, and it’s only May. With legalization comes a brand new industry, with a completely different infrastructure, and a unique product at its core.

One of the most popular and essential jobs of any cannabis industry is that of the cannabis dispensary budtender. If you don’t know what I’m talking about, think of the name literally. Tenders of bud, or cannabis products.

Cannabis Dispensary Jobs

This article is going to focus on the budtender dispensary jobs specifically, but there are other dispensary jobs outside of budtending.

You can also become a grower for a dispensary and manage a dispensary, among other opportunities. Remember that if you are in a medical marijuana state, you will need some type of certification and medical licensing prior to applying for dispensary jobs to even be considered in most cases.

When it comes to budtending specifically, we have some tips for being prepared for the job, and doing the job better once you’re hired.

Budtender Tips

The first thing to know about budtending dispensary jobs, is that being a recreational budtender and medical budtender are two different things. As a recreational budtender, you can think of yourself as a sommelier of cannabis. As a medical budtender, you are helping patients with potentially serious health conditions find the right medicine for them.

It can be hard to take this difference seriously as in most cases, other than different regulatory requirements, medical and recreational cannabis is identical. However, while there is still a separation between the two, there is also a difference in experience required.

Know Your Cannabis

To save us all from more redundancies, apply the following advice to a more extreme extent for medical cannabis dispensary jobs. The most important being to know your shit.

Any inexperienced wine drinker will find it more difficult to tell the difference between a red wine from Northern California, and a red wine from Georgia. But an experienced wine drinker or sommelier can notice the intricate differences in smells, flavors and even effects that different wines have.

Cannabis is no different. Even more so, compared to wine, cannabis has been more genetically modified and tampered with by humans than wine ever has, despite wine’s higher popularity throughout history. This means there’s a good chance that the dispensary you’re applying to could have more than a dozen different cannabis strains on their shelves, if not more, all with unique profiles.

Know Your Terpenes and Cannabinoids

A table of the most common terpenes found in cannabis and their effects. Photo by Pot Guide.

The smells, flavors and effects of each cannabis strain are different, and knowing these differences will help you get the best product in the customer’s hand. Now, we all know what they say about assuming, but it’s pretty safe to assume that if you’re applying to work at a cannabis dispensary, you probably consume cannabis yourself.

What I’m saying is, you have experience consuming cannabis to the point you think you can suggest to other people the best strains for them. But it’s another level of dedication to consistently pay attention to the cannabis you are consuming and noting its terpene profile, and how it affects you. To be an effective budtender, you need a similar understanding of the cannabis you are selling.

When it comes to cannabinoids, you will have some customers that just want the highest THC content possible. More experienced consumers may want something with more CBD, or even CBG and CBN among other cannabinoids. Depending on your state, there might be labels already on the cannabis that tells you its cannabinoid content, but in a lot of cases there won’t be. If this labelling isn’t a requirement in your market, you most likely don’t need to worry about it as much.

Go Above and Beyond for Your Customers

As mentioned above, a lot of new cannabis consumers will come into a cannabis dispensary and look for whatever strain has the highest THC content because it’s the only cannabinoid they know. For most of our lives we have been led to believe that THC is everything, but as an experienced budtender and cannabis connoisseur, you know that’s not the case.

Think about that one time you had a waiter at a restaurant that just blew you away. They were polite, knew the menu like the back of their hand, and helped your whole table decide on what to order just by having a conversation. That waiter helped guide you to your own decision, with some suggestions (based on his assumed experience) to get you there. Budtending is no different.

You should never just be standing there waiting for the customer decide on what they want, especially if you can tell they aren’t sure. Ask if they like specific smells, flavors and effects. Through your knowledge, guide your customers to an educated decision, that you can both feel confident in.

Not only does this make the customer more likely to come back to the dispensary, it makes you more likely to excel in your position. With experience, knowledge and commitment, you can excel in a budtending job at any cannabis dispensary. After some time working in a dispensary, you could eventually decide that you want to transition into the grow.

We’ll dive into getting those dispensary grow jobs in the next article.

The Real Dirt 420 Events Etiquette Guide

The Real Dirt 420 Events Etiquette Guide

With 4/20 happening on a Saturday this year, it’s bound to be a good holiday. But there’s some general rules of etiquette you should follow so you don’t ruin it for others.

4/20 is a great day. It’s one of the only days out of the year where cannabis is not only tolerated by the masses, but celebrated by the cannabis community.

With 420 events happening on a Saturday this year (compared to Friday last year when most people had to work until the evening), theres bound to be more people celebrating than last year. It also means there’s a higher likelihood of something stupid happening that could easily be avoided.

Here’s a few tips for making sure you have a safe and awesome time at your 420 events.

Pick Up After Yourself

When cannabis was first legalized in Colorado, the 420 events that happened that year were massive. However, with the new legalization came a new crowd of cannabis consumers excited to celebrate the plant throughout the city of Denver.

Unfortunately with so many people getting baked across the city, at a wide range of events in both private and public spaces, there was a huge buildup of trash. Not just trash, but also litter.

The event spaces were filled with trash once the festivities were over, with very limited crew to clean it all up. This led a lot of non-celebrators blaming “stoners” for leaving a mess around the city. Suffice to say, it didn’t make the community look good.

With that said, the community has stepped it up, starting 420 events cleanup initiatives to clean up event spaces. But you can still do your part. Don’t leave your roaches all around town, throw them in a trash can.

Recycle that water bottle that you just finished. Yes, it’s annoying getting all the little handouts from businesses at these events, but you can easily so no thanks, or just throw it out instead of onto the ground.

Pace Yourself

You might be thinking that 420 is basically the holiday of smoking as much weed as possible in one day. At least, that’s what I did in college. But as it becomes more accepted in broader society, it isn’t necessary to be so excessive for the sake of celebration at this year’s 420 events.

If you’re in a legal state like Colorado, there’s a ton of events going on across Denver. If you burn through a half ounce at 10 AM, it might make it more difficult to go out later in the day. But if you’re smart and plan it out, you’ll be fine.

Stay away from anything hybrid or indica before lunch. Stick with a straight sativa if you can (even though those labels are really just a myth), until you go out. Once you’re at the Mile High Festival or wherever you decide to go, you can transition to a hybrid. You can relax and enjoy the music without feeling too bogged down at your 420 events.

You should stick with hybrids or sativas as long as you want to be active during the day, and only switch to an indica when you’re winding down for the evening. Most of all, pace yourself.

Don’t pop a bunch of edibles then chase it down with a gram joint. Treat it like alcohol, and just be responsible.

The Smoke Circle

The smoke circle is a delicate ecosystem with unspoken laws especially at 420 events with potential strangers. As long as you know the rules, you have nothing to worry about. Even if you don’t, you don’t really have anything to worry about except for the glares you might get when you put half the joint in your mouth to hit it. Which brings us to the first rule.

Don’t slobber all over whatever you’re smoking, whether it’s a pipe, joint or blunt. A good technique to try with a joint or blunt if you just happen to be a slobbery individual is to hold the joint or blunt between your middle and ring finger and cup both hands to your mouth and pull, and you can hit it without even touching it with your lips.

This can take some practice if your new, but make sure you don’t crush the joint between your fingers when you cup your hands.

Second, and probably the most well-known (and enforced) is the “puff-puff-pass” rule. This rule has been interpreted through the times to mean one of two things. When your passed the joint or blunt, you can either puff-inhale, puff-inhale, or puff-puff-inhale. In close circles, you can get away with two puff-puff-inhales, but in most cases it’s one or the other.

Though to this day, it’s still up for debate among scholars.

The main purpose of the puff-puff-pass rule is to avoid breaking the last rule in the smoke circle, which is commonly referred to as “Bogarting”. Given this unique name from a man named Humphrey Bogart, it refers to holding onto the blunt or joint longer than your turn. Whether you puff-puff-puff-pass on accident or you hold it too long while you tell a rambling story, bogarting has many forms, all of which should be avoided.

Just Have Fun

Let’s get real now. 420 is just a simple holiday to celebrate how far we have come as a cannabis community, how much we have grown. Just look at how the industry is thriving; the boom of legal hemp and CBD, the expanding recreational and medical industries across the US with over half the country now legal in some form.

When I was a freshman in college (6 years ago) I remember saying that cannabis would be federally legal in 5 years. I’ve learned that progress is slow, and the only way to keep this industry thriving and growing is to keep the same enthusiasm we had when we were pushing for state legalization.

But more importantly, we need to appreciate how far we’ve come.

In that spirit, this weekend’s 420 events are about celebrating cannabis however you want. The connection is different for everybody, that’s what makes cannabis, and 420, so incredible.