Hemp Laws Explained with Vicente Sederberg LLC

by Travis C | Apr 23, 2019 | cannabis industry, Cannabis Law & Compliance, Commercial, Hemp, Hempisodes, Season 3, The Real Dirt Podcast Episodes

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The times, they are a changin’. So are the hemp laws.

The hemp economy is growing at a rapid rate. The Farm Bill, passed in 2018, has opened the floodgates for states to establish their own legal hemp programs. But it isn’t an easy transition.

Some states aren’t on board yet, and some still have laws on the books that criminalize hemp. People are trying to get into the CBD industry, but there is still very little regulation, and a lot of the hype around could be dangerous.

What Are The Hemp Laws?

Every state has different hemp laws for the most part. But now the federal government has legalized “industrial hemp” for commercial production, processing and interstate commerce, conflicting with a lot of states’ current laws.

Industrial hemp, as defined in the Farm Bill, is any part of the cannabis sativa plant with a THC percentage lower or equal to .3%. A lot of states already had a similar law at the state level, and similar to legal cannabis on the state level, federal government entities for the most part left them alone.

Other states had even more strict hemp laws. The states with stricter hemp laws compared to new federal law do not have to conform to the new federal law, because they are technically still within that law.

Colorado, which had a Constitutional amendment added that granted the right to grow hemp that was .3% THC, removed that amendment prior to the passing of the Farm Bill with a vote. This way, Colorado completely takes on the new federal definition of industrial hemp, with no chance of state-constitutional conflict should the regulations change on the federal level in the future.

The Hemp CBD Dilemma

In most major cities, there are more and more natural health stores popping up with CBD products. Other major chains like Whole Foods, CVS and Walgreens are adding CBD to their shelves. But what’s the actual regulation around CBD?

The FDA currently has no standing regulation surrounding CBD. While the Farm Bill changed the regulation surrounding industrial hemp, there were no changes made to food products, supplements and the like made from hemp. This has a big impact on CBD products.

Most states match the food and drug laws to the FDA’s regulations, but some states have made local changes to allow products like CBD, Kratom and others. A major conflict that has arose since the CBD market has begun to take off is the question of whether or not CBD is a medicine, or a supplement.

According to the FDA, a product that is regulated and labelled as a drug, cannot also be sold a food supplement. There have already been drugs made from CBD for epilepsy, and this is causing a stand still. This makes branding CBD products a challenge, with people coming up with new names for what really is just CBD oil.

Hemp oil, hemp seed oil, hemp extract, etc., are all product names you’ll see on the shelves at your local health store. The chances of seeing a product labelled with CBD in the name are slim right now.

This Week’s Episode

There is so much more to dive into with hemp and CBD laws in the new market of 2019, that writing it all here would be thousands and thousands of words. So why not hear it from people who have been studying hemp law for years?

Shaun Hauser and Andrew Livingston head the Hemp Division of Vicente Sederberg LLC. Vicente Sederberg is one of the most well-known and renowned cannabis law firms in the country, and they have an entire wing devoted to hemp laws.

In this week’s episode Andrew, Chip, Justin and Shaun talk about the new hemp laws, how it affects the states, the complications of the new CBD industry and more surrounding the legal hemp industry and the new laws surrounding it. Most lawyers would charge hundreds of dollars just for one hour of consultation on hemp laws.

In this week’s episode of The Real Dirt, we get it all. FOR FREE. Listen to the full episode now, and join the Real Dirt Facebook Group to share your thoughts on the episode!

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Inside Maryland’s Medical Marijuana Industry

by Travis C | Mar 19, 2019 | 420, cannabis industry, Cannabis Law & Compliance, Commercial, growing, Season 3, The Real Dirt Podcast Episodes

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Maryland has always been relatively progressive compared to its neighbors when it comes to cannabis. The state decriminalized small amounts in 2010, and enacted a full medical marijuana program in 2012. Now we’re in 2019, but where does the Maryland medical marijuana industry stand?

Inside Culta’s Cultivation

Culta opened in Baltimore, Maryland in 2018 with the goal of bringing exclusive, high quality genetics from successful seed banks and breeders to the Maryland medical marijuana industry.

They built their cultivation facility from scratch inside an old factory right in the inner harbor of Baltimore’s downtown. They also designed one of only four vertically integrated cannabis businesses in the state. This means from seed, to processing, to sale, Culta handles it all in-house.

With over 400 lights in the facility, separate rooms for genetics testing, vegetation and flowering, Culta is by far one of the most technologically sophisticated cultivation facilities in the state. Plus, they sourced some of the most experienced cultivators in the country to build their genetics.

Maryland Medical Marijuana

In this episode of The Real Dirt Podcast, Chip talks with Jay and David, Head Grower and Cultivation Manager of Culta.

Together the three of them dive into the design behind Culta’s facility, the benefits of being vertically integrated, the issues new businesses are dealing with in an industry that is still finding its footing and more.

Roll one up, relax and enjoy the first episode of Season 3 of The Real Dirt with Chip Baker!

This episode is brought to you by Cultivate Colorado, the top grow store in Denver with two locations in the metro area. Cultivate supplies Real Dirt listeners and guests with the grow gear they need to succeed in the garden. Check them out on Instagram @cultivatecolorado for the latest updates and deals.

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Check out Culta on Instagram @cultaig!

Getting Cannabis Industry Jobs: Industry Employment Guide

by Travis C | Nov 20, 2018 | cannabis culture, cannabis industry, Cannabis Law & Compliance, Season 2, The Real Dirt Podcast Episodes

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There’s a lot of cannabis industry jobs out there. They’re just hard to find.

There are now more than 30 states that have legalized cannabis for medicinal or recreational use, and the jobs are there if you are willing to look. Due to its stigmatized nature and lack of advertising, finding cannabis industry jobs can be tough, especially in states that have just recently opened their markets.

States like Massachusetts and Michigan are both projected to be highly successful markets. But whereas Michigan just legalized with plans in place for a recreational marketplace within one year, Massachusetts has been legal for two years and has yet to open a dispensary, although that looks to be changing soon.

Cannabis Industry Jobs by State

Every state has set up their legal cannabis markets differently, whether medicinal or recreational. Colorado has one of the most effective and respected programs, and it is highly regulated. California on the other hand has much less restrictions on working in the industry, but a more difficult process of starting a cannabis business in the state.

The more you know about each state’s laws, the easier it will be to decide where you want to work, and what you want to do. Some states are only giving out licenses for growing and extracting, while others have given them all out, and now just need budtenders. Some states require you be a state resident to work in the industry in that state. Other states have no such requirement.

Another way to learn about getting into the industry from the outside is to hear the story of someone who did just that…me!

This Week on The Real Dirt

If you didn’t notice by the author line at the top, I’m Travis, and I’m the guest on this week’s episode of The Real Dirt.

I have been writing for The Real Dirt for over a year, and have been writing about cannabis for roughly 5 years. What started as a fantasy of working in the legal industry developed over time into me picking up and leaving Pennsylvania to move to Colorado to work full time for The Real Dirt and Cultivate Colorado.

It wasn’t easy for me to find a job in the industry, especially from the east coast. It will be hard for you too, but it’s not impossible. You don’t need to pick up and leave with no job security and hope you find something. You just have to look. Hard.

It took me at least 6 months of doing unrelated jobs on the side and looking for cannabis-related jobs before I actually found The Real Dirt. So don’t give up.

My story isn’t anything special. I saw an opportunity and went for it against odds, and succeeded. Now I’m writing this trying to help you get past the point I was stuck at too! If you want to hear more about me and how I ended up 2,500 miles away from all my family, listen to my episode of The Real Dirt!

Plus, I wrote a nice Industry Employment Guide that goes into detail about the fastest growing cannabis industries in the country, and all of the requirements for working in them. Please check that out, download it, print it, frame it, burn it, whatever you want. But it will help you understand the basics of these state’s respective industries should you decide to start looking for a job.

I hope you get something out of this episode and the industry guide, and as always you can ask me any questions at Travis@therealdirt.com, or talk to me on Instagram! I run both Cultivate Colorado’s and The Real Dirt’s Instagram accounts, and I LOVE TALKING WITH FANS!

Read the Full Real Dirt Industry Employment Guide Here!

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Is Hemp Constitutional in Colorado? Harvest Special Pt. 5

by Travis C | Nov 6, 2018 | Cannabis Law & Compliance, growing, Season 2, The Real Dirt Podcast Episodes

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What makes hemp, hemp? Is it where it’s grown, or how its grown?

It all depends where you live at this point. The Agricultural Act of 2014 allowed farmers to grow industrial scale hemp legally, as long as the THC content was .03% or lower in the plant.

Seems simple enough. But when states have the right to make their own laws, the Agricultural Act becomes basically irrelevant. Some states require .01% THC or less to be considered legal. Other states require .05% or less, and some are even considering raising it to 1% or less THC.

Colorado’s hemp laws

Colorado is the only state in the country that actually includes cultivation in the state constitution. This means that Coloradans have the right to cultivate legally in Colorado. But that could all change soon.

A new measure being voted on this midterm would take the laws regarding hemp in Colorado, and make them statutory rather than constitutional. While the constitutional law currently allows legal cultivation of plants containing .03% THC or less, Amendment X would change that law to better reflect the federal law.

What if?

What if the people vote no on Amendment X? Hemp will remain in the constitution of Colorado, with a mandatory THC level of .03%. If the federal government were to reclassify hemp tomorrow and say the new limit is 1%, Colorado could be stuck. With the delays between introducing new laws and voting on them, it could be upwards of 2 years before Colorado could catch up with the rest of the country.

What if the people vote yes? Hemp will become statutory, not constitutional, putting it on par with federal regulation. Growing will no longer be a right, but a regulated law organized and voted on by lawmakers. There will be little noticeable change at first, as the constitutional definition of Colorado hemp is near identical to the federal definition already. But should the federal definition change to lower the plant’s controlled substance status or raise the legal THC limit, Colorado will be on par with the rest of the country.

What’s your vote?

What would you vote if you were a Coloradan in this situation? Would you want hemp to stay in control of the state, enshrined in the constitution, only to be changed by the people’s vote? Or, would you want to join the rest of the country in a unified federal regulation of hemp?

Hear what Chip is planning on doing on this week’s Real Dirt episode! In the FINAL Harvest Special, Chip talks about the new bill and what it could mean for Colorado and the country.

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Smokin’ on Sativa: Tony Don’t Smoke OG Ep. 105

by Travis C | Sep 11, 2018 | Commercial, growing, The Real Dirt Podcast Episodes, Tony Don't Smoke OG

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If you asked Tony why people always give sativa strains a bad rap, he would tell you it’s because they never smoked a good, well-grown sativa.

If you asked a bunch of growers why there isn’t a lot of good sativa out there, they would tell you that it’s because most growers don’t want to put the time and effort — but mainly time — into growing a good sativa strain. They would be right.

Sativas are hard to grow, they take longer than indica dominant strains, and a lot of the time due to how its grown commercially, is lower quality than their hybrid counterparts. But those who do put in the effort reap the rewards. A well-grown and cared for sativa will taste great and provide an uplifting, euphoric effect that anybody who knows a good sativa will crave. Luckily, Tony and the gang know a good sativa.

Sativa or indica, it’s about knowledge

It all comes back to knowledge and educating people about what they are are consuming. Much like beer, liquor or wine, cannabis has a variety of different strains, characteristics, flavors and effects. It can also be grown with the utmost care, or none at all.

Some people will always go for the cheap domestic beer or the convenience store wine because they don’t mind sacrificing quality to save money. Others will always want the best, and only drink craft beer and fancy wine to fill their appetite. It’s all preference.

Suffice to say as the industry spreads, a lot of people will prefer cheap cannabis. Those coming from a black market especially, where prices are often steep, the option to get a $10 eighth or $70 ounce will always be enticing. Sure, they could splurge and go for the quality cannabis for $200 an ounce, but with such a vast difference in price for the same amount, many will at least try the cheaper option.

This will change. Everybody has their honeymoon phase with legal cannabis. There are so many options at such affordable prices, its almost impossible not to buy a bunch of different cheap strains to see how they smoke. But over time, people will start to try the more expensive stuff, and the difference will be instant. Once someone tries well-grown, quality cannabis, it’s hard to go back.

In this week’s episode of Tony Don’t Smoke OG, Chip and Tony are joined by Colin from The Werc Shop, a research group that focuses on the science of cannabis and all its chemicals, especially terpenes. If you’ve ever enjoyed a flavored cannabis vape pen, you have Colin to thank!

Join the gang as they smoke on some Big Sur Holy Weed and talk changing tastes in the cannabis consumer, why sativas get such a bad rap, and more. Tune in and enjoy!

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…and if you haven’t already, please SUBSCRIBE on whatever platform you use to tune into The Real Dirt with Chip Baker!

Grow Management and Lambs Bread

by Travis C | Sep 4, 2018 | Cannabis Law & Compliance, growing, The Real Dirt Podcast Episodes, Tony Don't Smoke OG

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Tony Don’t Smoke OG Ep. 104

Roll it up, ya’ll! Tony Don’t Smoke OG Ep. 4 brings Chip and Tony together once more with their secret guest I225. The gang smokes on some Cookies in this one as they talk grow management and how to organize a cannabis business.

From constantly inspecting your environment to getting down into the dirt, managing a grow is not easy by any stretch of the imagination. Sure, growing a couple dozen plants with a couple hands on deck is manageable, but once you start growing your scale, it only gets more difficult.

Chip, Tony and I225 have decades of grow management experience between them, and share their knowledge and tips to boost productivity and reduce oversight. But it ain’t all about the technical stuff!

Cookies is one of the most popular elite strains in the cannabis industry today, with new crosses coming out left and right. The gang talks strain popularity, and what makes a strain so popular in the first place. Plus, we get to hear where the original Lambs Bread strain came from, and how Tony managed to get an original cut back in the day.

Listen to the full episode of Tony Don’t Smoke OG right now here on The Real Dirt, or listen on your favorite podcast app!