CANNABIS STRAIN OF THE DAY 09/01/2016: MOTHER OF BERRIES (INDICA)
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Wednesday, 31 August 2016
It’s Official: Legalization Measure Makes the Arizona Ballot
PHOENIX (AP) — A voter initiative legalizing recreational cannabis will be on the November ballot after the Arizona Supreme Court on Wednesday rejected a final legal challenge to the measure.
A lower court judge had thrown out the challenge, saying the group called Arizonans for Responsible Drug Policy didn’t have a right to sue. Maricopa County Superior Court Judge Jo Lynn Gentry’s ruling went on to reject all of the reasons opponents laid out for keeping the initiative off the ballot.
The opponents said initiative backers used illegal and unconstitutional “bait-and-switch tactics” and that the initiative violates Arizona’s statutes in three ways. They include a misleading 100-word summary that leaves out important provisions, an “incoherent” text and title that obscures the extent of its impact on other laws and a failure to provide a legal funding mechanism.
The high court sidestepped the right to sue argument, with Chief Justice Scott Bales calling Gentry’s reliance on a 2015 rewrite of a law “murky at best, and rather than wade into those waters, we turn to the merits.”
Bales went on affirm Gentry’s ruling rejecting the merits of the opponents’ lawsuit, saying the summary substantially complied with the law’s requirements for initiatives.
The ruling means that Proposition 205 is on November’s general election ballot.
Under the measure, adults age 21 and older could carry up to one ounce of cannabis and consume it privately. Adults could also cultivate up to six marijuana plants in an enclosed space and possess the cannabis produced by the plants. No more than a dozen plants would be allowed in a single residence.
The system would regulate cannabis in a way proponents say is similar to alcohol, with a 15 percent tax on all retail cannabis sales. Most of the new state revenue would go to Arizona public schools and education programs.
Barrett Marson, spokesman for the Campaign to Regulate Marijuana Like Alcohol, said it was “a good day for voters who want to end marijuana prohibition in Arizona.”
“Voters will get the opportunity that they requested — more than 258,000 people signed a petition to put this before the voters,” Marson said. “The Supreme Court agreed voters should have the final say on whether adults should have the right to legally purchase marijuana.”
The opponents, a group called Arizonans for Responsible Drug Policy that includes two prominent county attorneys and the Arizona Chamber of Commerce, said they will now turn to urging voters to reject the measure.
“Our goal now is to make sure that every Arizonan enters the voting booth in November with a full understanding of both the intended and the unintended impacts of the 20 pages of new laws in Prop 205,” Yavapai County Attorney Sheila Polk said in a statement. “We hope all citizens will read the lengthy legalese before voting and will learn how devastating Proposition 205 would be to our state if passed.”
Opponents say backers have not told voters about changes to DUI laws, child custody issues, employment law and many other laws.
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Cannabis Social Clubs Are Illegal, Alaska AG Says
JUNEAU, Alaska (AP) — Alaska’s attorney general said Wednesday that marijuana social clubs are illegal, addressing what had been a hazy area following the state’s legalization of recreational cannabis.
The legal opinion does not apply to licensed retail marijuana shops, for which state regulators are considering rules allowing cannabis consumption. The first retail shop licenses have yet to be approved.
At issue are clubs that charge fees for patrons to use marijuana onsite or that otherwise provide access to a significant number of people to consume marijuana there. Those are illegal, according to the opinion by Attorney General Jahna Lindemuth. “Under Alaska law, a business cannot sell or provide marijuana or allow marijuana to be consumed on the premises unless it is licensed as a retail marijuana store by the Marijuana Control Board,” Lindemuth wrote.
Voters in 2014 approved legalizing recreational marijuana for those 21 and older in Alaska. The initiative banned consuming in public, though the board, which regulates the industry, last year approved a carve-out to allow for onsite use at authorized retail shops.
Unlicensed social clubs are public places that, like other businesses, fall under the prohibition of public consumption, Lindemuth said.
The opinion was requested by the state commerce commissioner. The state’s Alcohol and Marijuana Control Office falls under the commerce department.
The office’s director, Cynthia Franklin, said by email that the office was aware of five or six clubs in Alaska.
The commerce department said marijuana regulators lack the authority to license social clubs and would work with local law enforcement to address illegal marijuana use. The department said local governments could use their powers to crack down on illegal clubs.
Related Articles
It’s Official: Legalization Measure Makes the Arizona Ballot
Montana Dispensaries Close as Restrictions Take Effect
Do Medical Marijuana Patients Give Up Their Right to Bear Arms?
Is Maine’s Governor Losing His Ever-Lovin’ Mind?
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Hemp Extracts and Glass Bubblers: The Best Cannabis Products of August 2016
Strains & Products | Cannabis strain and product insights with curated strain lists, new devices, and other fun facts.
Hemp Extracts and Glass Bubblers: The Best Cannabis Products of August 2016
Darren Harris
Welcome to Leafly’s cannabis products roundup for the month of August, where we take a look at a few of the many different products that are making a splash in the industry. Whether you’re looking for a clever addition to your wardrobe, want to embrace good health habits for both you and your furry friend, or are seeking some cool accessories to add to your canna-collection, we’ve got some fun finds you’ll want to check out. You can find out more about these items in our Products section.
1. Smoke Cartel Pulse Glass Barrel Drum Bubbler
For those of you in the market for a bubbler (like myself), check out the Pulse Glass Barrel Drum Bubbler from Smoke Cartel. From the long downstem to the barrel drum perc, the distinctive inner-ridge design will make this bubbler stand out from all the rest while also providing nice percolation for both herbs and concentrates, ensuring a pleasant and flavorful smoking or dabbing experience.
2. CW Hemp Everyday
CW Hemp is a leading producer of hemp extract supplements thanks to being the exclusive provider and cultivator of the almost entirely-CBD strain Charlotte’s Web. The Everyday supplement marks the entry point for the brand’s non-psychoactive premium hemp extract supplements. Everyday could be a great product to add to your daily life if you’re seeking a natural way to promote overall wellness and relaxation for both body and mind.
3. Therabis Up and Moving CBD-Infused Pet Supplement
Recent studies and positive testimonials show that hemp and CBD can have some very beneficial and therapeutic effects for pets that may be experiencing some joint pain and other physical ailments. As a result, companies have started to branch out and develop CBD supplements and oils intended for pets, and the Up and Moving CBD-infused pet supplement from Therabis is a good option for those who want to help build healthy joints for their dogs. These pooch-approved supplements were developed for more than 10 years by lifelong veterinarian Dr. Stephen M. Katz, ensuring a level of quality and safety for your dog.
4. WoodStalk Bamboo Moon Cycle Storage Container
If you like carrying your nugs around in style, then be sure to check out these beautifully crafted bamboo storage containers made by WoodStalk Bamboo. Ranging in sizes from 1/8-oz to 1-oz, these airtight and all-natural containers are made from a single piece of bamboo and come in a variety of cool carvings and designs. This is a great way to stylishly contain your buds.
5. Kush Groove 4 Elements Tee
Represent the bond between the four elements and cannabis while looking fashionable with this cool “4 Elements” t-shirt from Kush Groove! The Pop Art-esque style of each graphic will ensure that you stand out for all the right reasons if you pick this shirt up. Each shirt is made in the USA from 100% cotton for a comfortable fit.
Product Reviews
Leafly Product Review: The Utillian 720 Vaporizer
Leafly Product Review: The Zeus Thunder 2 Wax Pen
Leafly Product Review: The Arizer Air Portable Vaporizer
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Montana Dispensaries Close as Restrictions Take Effect
HELENA, Mont. (AP) — Medical marijuana dispensaries across Montana have closed their doors as new restrictions took effect Wednesday that limit cannabis providers to three patients apiece, leaving thousands of state-registered cannabis patients without a legal way to buy the drug.
The restrictions begin after five years of unsuccessful court battles to overturn the 2011 state law that rolled back much of a voter-approved law that brought medical marijuana to Montana in 2004. It is one of the most significant rollbacks by the 25 states and Washington, D.C., that allow marijuana to be used for medical purposes.
Medical marijuana advocates estimate that over 12,000 patients are losing legal access to cannabis because their providers did not choose them as one of their three patients. There were 13,190 registered patients at the end of July, says the Montana Department of Public Health and Human Services.
Dispensaries posted Facebook messages to their patients that they were closing Tuesday. Some offered their products at discounts, such as Lionheart Caregiving’s $3 marijuana brownie sale, while others gave away inventory before closing down.
“Everybody’s shutting down,” said Kate Cholewa, government relations director for the Montana Cannabis Industry Association. “It’s over.”
The Montana Supreme Court this year upheld three key provisions of the 2011 state law: marijuana providers can sell to no more than three registered users each; doctors who recommend the drug to more than 25 patients in a year must be automatically reviewed; and cannabis advertising is banned.
'We’re hoping they do abide by the law, and if we find out otherwise, we will be visiting with them.'
Brian Gootkin, Gallatin County Sheriff
Enforcement of the new restrictions will be the duty of sheriff’s offices and local police departments. In Gallatin County, which had 130 medical marijuana providers in July, Sheriff Brian Gootkin said he just doesn’t have the manpower to knock on doors to confirm that everyone is following the law.
Instead, the department is sending out letters to providers to make sure they know what is required of them.
“We’re taking the approach that we’re hoping they do abide by the law, and if we find out otherwise, we will be visiting with them,” Gootkin said.
The state health department, which oversees the medical cannabis program, has already spent months contacting patients and providers about the changes, department spokesman Jon Ebelt said.
Only 1,900 patients told the department they kept their provider, found a new one or plan to grow their own, Ebelt said. Another 8,600 registered patients have not told the department what they plan to do, and health officials will issue them 30-day cards to allow them more time to make plans.
Out of the 488 registered providers in the state at the end of July, 304 sold marijuana to more than three patients. Ebelt said 305 providers have told the department that they will continue to provide marijuana to up to three patients.
The rest either did not respond or asked to be removed from the state registry, Ebelt said.
Many patients who are in hospice or have serious illnesses aren’t strong enough to grow their own cannabis, while others don’t have the first clue how to do it, said Katrina Farnum, who runs Garden Mother Herbs in Missoula.
As a result, some of her patients are leaving the state, while others have said they may have to go on opioids or try to buy the drug on the black market, she said. Farnum was one of the providers who gave patients cannabis for free before closing, up to the legal limit of 28 grams.
Patients and providers alike have pinned their hopes on a ballot initiative in the November election that would reverse many of the restrictions put into place. Dispensaries, in their Facebook farewell messages, urged their patients to vote for the measure and vowed to re-open if it passes.
“The patients of the state of Montana are counting on voters to turn out,” said Tayln Lang, a patient from Hamilton who is backing the ballot initiative.
But an error in the initiative could delay its implementation by more than half of a year, even if it passes. Initiative organizers did not update the section of the proposed bill’s effective date in the most recent draft, leaving the bill to read that the three-patient limit would not be lifted until June 30.
Organizers called that a clerical error that can be corrected after the election, but the chief legal counsel for the Montana Legislative Services Division said it was a substantive change that would require legislative approval.
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Politics Montana Judge Denies Request to Delay Medical Marijuana Restrictions 
Politics Court Upholds Firearm Ban for Registered Cannabis PatientsThe post Montana Dispensaries Close as Restrictions Take Effect appeared first on Leafly.
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Do Medical Marijuana Patients Give Up Their Right to Bear Arms?
SAN FRANCISCO — A federal government ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday.
The ruling by the 9th U.S. Circuit Court of Appeals applies to the nine Western states that fall under the court’s jurisdiction, including California, Washington and Oregon.
It came in a lawsuit filed by S. Rowan Wilson, a Nevada woman who tried to buy a firearm in 2011 after obtaining a medical marijuana card.
The gun store refused, citing the federal rule on the sale of firearms to illegal drug users.
Marijuana remains illegal under federal law, and the Bureau of Alcohol, Tobacco, Firearms and Explosives has told gun sellers they can assume a person with a medical marijuana card uses the drug.
The 9th Circuit in its 3-0 decision agreed that it’s reasonable for federal regulators to assume a medical marijuana card holder is more likely to use the drug.
In addition, a ban on the sale of guns to marijuana and other drug users is reasonable because the use of such drugs “raises the risk of irrational or unpredictable behavior with which gun use should not be associated,” Senior District Judge Jed Rakoff said.
The 9th Circuit also rejected other constitutional challenges to the ban that were raised by Wilson.
An email to Wilson’s attorney was not immediately returned.
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Leafly List: The Top Cannabis Locations in North America, August 2016
Leafly List |
Every month we update the Leafly List in an effort to answer a question we hear all the time: “Can you recommend a great dispensary near me?” The list is a snapshot of the most talked-about medical cannabis dispensaries and retail locations in 10 major cannabis markets across North America. The top locations are determined using an indexing system that ranks locations across a variety of customer engagement metrics like reviews of each location’s quality, service, and atmosphere.
Click on your state or territory below to find the most relevant Leafly List for you. Remember, if you don’t see your favorite dispensary on the list, make sure you follow, rate, and review your favorite cannabis locations to let the world know where you find your favorite cannabis.
- Arizona
- Northern California
- Southern California
- Colorado
- Michigan
- Nevada
- Oregon
- Washington
- British Columbia
- Ontario
More on the Leafly List
The Leafly List index score is a proprietary statistic created by Leafly to measure the performance of medical cannabis dispensaries and retail cannabis locations across Leafly’s digital platform. It is designed to be a comparative metric that offers context as to which locations are generating the most positive buzz and pushing the cannabis industry forward through exceptional service and digital engagement. Check out the Leafly List FAQ for more information on how dispensaries are ranked.
The Leafly List is based on 100% objective customer feedback and data collected by Leafly. Businesses CANNOT pay for a spot on the list.
The Leafly List is by no means a comprehensive list of your options when it comes to cannabis access points. You can use Leafly’s Find Nearby tool to see the complete list of dispensaries or recreational stores in your area. The Leafly List is designed to let you know which locations are being reviewed, followed, and have their Leafly menus visited the most, and it also provides other web-based engagement factors. Simply put, these are the places that the Leafly community is talking about, so if you don’t see your favorite location listed, make sure you follow, rate, and review your local dispensary to let others know it’s the best.
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Pennsylvania Governor Urges Decriminalization of Cannabis
HARRISBURG, Pa. (AP) — Pennsylvania needs to decriminalize small amounts of cannabis possession, Democratic Gov. Tom Wolf said Monday, yet he remains guarded about the kind of recreational legalization that is in place in several western states.
While some cities have stopped arresting people for possessing small amounts and prosecutors have been downgrading it as a crime, the state should act because too many people are still going to prison for marijuana possession, Wolf said.
“I think we need to do that in a more systematic fashion,” Wolf told WITF-FM’s Smart Talk program. “There are too many people who are going to prison because of the use of very modest amounts or carry modest amounts of marijuana, and that is clogging up our prisons, it’s destroying families and it’s hurting our economy, so I think decriminalization is the first step.”
According to the cannabis advocacy group NORML, 20 states and Washington, D.C., have decriminalized certain marijuana possession offenses, making it either a summary offense, like a minor traffic violation, or a misdemeanor that carries no threat of jail time.
The Pennsylvania District Attorneys Association is not opposed to downgrading the penalty for possession of small amounts of cannabis from the misdemeanor that it currently is, but very few people go to jail for it, said Ed Marsico, the Dauphin County district attorney.
“That’s far from clogging up our jails,” Marsico said. “There are plenty of people in jail with drug problems, and we realized years ago that treatment is the best way to work with those offenders, but basically nobody goes to jail for possession of a joint.”
Thirty days in jail is the maximum penalty for misdemeanor possession. Prosecutors are working to keep any sort of drug possession cases from going to jail, Marsico said, although drug dealers are another matter.
Wolf stopped short of endorsing the kind of full legalization of recreational use that has taken place for adults 21 and over in Colorado, Washington, Oregon and Alaska.
“I’m not sure why we need to go beyond (decriminalization), and I think we can watch what happens in Colorado and Washington and Oregon and see what their experience is,” Wolf said. “I’m not sure it’s been uniformly great.”
The Republican-controlled Legislature has made no move to consider decriminalization of marijuana.
Bills that would decriminalize certain cannabis possession offenses for adults have seen no movement, and the Legislature did not include a decriminalization provision when it approved a medical marijuana program in Pennsylvania.
Wolf signed the medical marijuana bill in April. The Department of Health said it will take until early 2018 to make medical cannabis available to eligible patients.
Header photo by Lance Cheung, USDA
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