They Said It On Marijuana, Quotable Saturday, Part CLXXVIII

Dr. Oz is correct to describe the status of medical marijuana in this country as hypocrisy. The Trump administration claims to want to fix the opioid epidemic and yet they refuse to loosen their grip on cannabis laws even just enough to permit further research. One need not support full cannabis legalization to support scientific research on cannabis; one simply needs to respect the opinions of over half the citizens of the country and the scientific data that already exists.

So, does the federal government really want to exhaust all possibilities to try to solve the opioid epidemic? It sure doesn’t seem like it.

source http://www.cannalawblog.com/they-said-it-on-marijuana-quotable-saturday-part-clxxviii/

Sanitation Employees at Risk for Asbestos Exposure

Sanitation Employees at Risk for Asbestos Exposure

Sanitation Employees at Risk for Asbestos Exposure. This safeguards not just the house owner and the professional and his/her workers however likewise waste employees and anybody else who’s dropping off products at a waste station. After all, exposure to asbestos dust even the tiniest quantity can be lethal.

“If you’re intending on renovating or doing a demolition job on a house developed prior to 2004, you have to have an asbestos study finished,” stated Kim Singleton, Environment Professional for the Lane Regional Air Defense Firm.

Sanitation Employees at Risk for Asbestos Exposure

Nevertheless, with such laws in location, those who do not follow the guidelines simply may be based on a large fine. At that point, the task ends up being a lot more expensive.

“With the real estate market being on the boost we have actually seen more remodels, more demolitions, so with that we’re seeing more prospective for asbestos coming through our centers,” stated Chad Ficek, Unique Waste Expert for Lane County.

Employees at the area’s Glenwood Transfer Station describe that they need to constantly examine products that are being dropped off at that center to see if they include asbestos. Frequently, team member state, the hazardous product is recognized.

Sanitation Employees at Risk for Asbestos Exposure

In July, The Lane Regional Air Defense Firm (LRAPA) altered the date requirements for houses that need to be looked for asbestos.

If it does, then the guidelines for correct disposal have to be followed in order to prevent exposing sanitation employees to the unsafe mineral.

High Danger for Asbestos Exposure but, state some Waste Management employees in Oregon, they discover the products all the time, even in locations where discarding such waste protests the law.

Other cities and counties around the nation are following Lane County’s lead, altering guidelines to make examination requirements more broad reaching.

Sanitation Employees at Risk for Asbestos Exposure

Many people are truthful when it pertains to dangerous products and doing the ideal thing to obtain rid of them. Homeowner and specialists who have to deal with harmful waste for the most parts follow the guidelines and take the products to the correct garbage dump.

Due to the fact that of the abundance of asbestos-containing particles and products being dropped off at the Glenwood station, the county has actually altered its laws relating to asbestos and house assessments.

That suggests when it’s time to renovate, destroy, or rebuild a house, it is necessary to understand whether the particles that’s left consists of asbestos. West Virginia Mesothelioma Legal Help at the law firm GPW is here to fight for you.

Sanitation Employees at Risk for Asbestos Exposure

The old requirement mentioned that house owners needed to look for asbestos if their home was constructed prior to 1987. The brand-new guideline states any homes that were developed prior to 2004 should be inspected.

A TELEVISION station in Lane County, Oregon just recently advised its audiences that asbestos is a harmful toxic substance and direct exposure can trigger cancer and other illness.

Property owners and, often, professionals frequently attempt to skirt these laws since an asbestos evaluation can include a great deal of dollars to the expense of a job.

The post Sanitation Employees at Risk for Asbestos Exposure appeared first on Goldberg, Persky & White P.C..

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Oregon’s Josephine County Halts Effort to Eliminate Many Cannabis Farms

Hawaii Goes Cashless for Cannabis: Will it Work?

Most marijuana businesses still lack access to financial services. The repeating story can sound like a broken record, but that is because it bears repeating. Congress would be acting in everyone’s best interests if it finally decided to protect financial institutions and allow them to provide financial services to marijuana businesses without risk of federal prosecution. Even people like Jeff Sessions who prefer the marijuana black market to a legal, regulated market cannot come up with coherent arguments as to how anything is helped by having state-regulated businesses unable to open bank accounts.

Instead of hoping that its financial institutions take the risk of jumping into the cannabis market, Hawaii has pushed forward with a different solution. On September 12, Hawaii Governor David Ige announced that Hawaii dispensaries would run all transactions through an application called CanPay. CanPay will work like many other mobile payment systems inside and outside the marijuana industry. Customers sign up and connect their bank account with the CanPay app, and they then use the app to make mobile payments at a Hawaii cannabis dispensary.

Though CanPay will run the payments, it will not provide direct banking services. A program like CanPay can work as a money transmitter, but mobile solutions do not work well in providing the global payment services businesses need — payments to contractors, employees, vendors, service accounts, government tax agencies, etc. Instead of relying on local banks, Hawaii’s marijuana dispensaries will begin using Partner Colorado Credit Union through its branded division called Safe Harbor Private Banking.

Some general comments first. Hawaii’s small size provides it the opportunity to attempt this one size fits all approach. Only two cannabis dispensaries have opened and are operating in the state, with six more in different stages of development. A state the size of California cannot involve itself so directly in the financial planning of its various licensed marijuana businesses. And it makes complete sense that Safe Harbor Private Banking would insist that Hawaii adopt some sort of cashless payment system. Publicly available information doesn’t clarify whether there exists any financial connection between CanPay and SafeHarbor, but even if they are completely separate, Hawaii’s unique circumstance would necessitate a cashless solution. Credit unions in Oregon and in Washington State are largely limited by their cash pickup network. Because traditional credit and debit networks still spurn marijuana customers, even cannabis businesses that have banking tend to take the majority of their payments in cash. Their financial institutions set up regular cash pickups and armored cars deliver that cash to a vault the financial institution controls. A credit union based out of Colorado likely does not maintain a branch or even a cash holding facility in Hawaii — hence the need for cashless payments.

But this system still carries significant risks. Most of the Hawaii customers that use CanPay to make payments for their cannabis will have local bank accounts in Hawaii. If those Hawaii banks see many of their customers having money automatically pulled into a CanPay account, they will know those payments are connected to buying marijuana. If those Hawaii banks disfavor marijuana or choose to defer to federal law, they could threaten their banking customers’ with account shutdowns for making payments to CanPay. CanPay could also face problems with its own accounts. Mobile payment systems work through a type of escrow account where the money goes from a customer to CanPay, CanPay removes its fee and then deposits the funds into the merchant account as quickly as possible. CanPay needs its own banking access for the system to work. If CanPay’s bank gets cold feet, the whole payment system could collapse.

Despite these risks and despite the concerns we always have in monopoly situations where there isn’t competition in markets (both payment solutions and banking services in the present case), something is better than nothing. Hawaii faces some unique risks, but its size allows it to take bold, direct actions that simply aren’t feasible in most other states. We should applaud Hawaii’s government for helping facilitate solutions to the cannabis banking problem. We’ll know things are going well there if local Hawaii banks and credit unions start getting involved in the market and challenge the role that a mainland credit union is playing in Hawaii.

source http://www.cannalawblog.com/hawaii-goes-cashless-for-cannabis-will-it-work/

Our California Cannabis Investment Forum is TONIGHT in Downtown San Francisco

Last call, people.

Our California Cannabis Investment Forum is this evening in Downtown San Francisco at the Covo Event Space. Doors will open at 5:45 pm.

Our San Francisco office is hosting this event with fiscal sponsorship from Templar Capital Management and GBDS and associate sponsorship from the NCIA. This Forum will bring together top investors and leading companies in California’s cannabis industry and provide you with the information you need for investing in California’s cannabis space.

Hilary Bricken, who heads up our Los Angeles office. will begin the event with a short talk on the many recent changes to California’s medical and adult use cannabis laws. Carlton Willey, who heads up our firm’s finance group out of San Francisco, will then moderate a panel comprised of early and late stage investors and debt and equity financers with experience in California’s cannabis industry. The following panelists will discuss cannabis industry investing, deal structures, cannabis business concerns in the context of investing, investor red flags in the cannabis industry, and various other matters of increasing importance in the California cannabis investment world:

Allen Gold, Principal at Templar Capital Management

Alejandro Di Tolla, CEO of GBDS

Sherri Haskell, CEO of CannaAngels

Tom DiGiovanni, CFO of Canndescent

Emily Paxhia, Managing Director of Poseidon Asset Management

Hors-d’oeuvres and drinks will be served and a cocktail networking session will take place following the panel discussion.

We are still selling tickets online here, but we must cap the number of attendees at 250 and we are already perilously close to that number.

source http://www.cannalawblog.com/our-california-cannabis-investment-forum-is-this-evening-in-downtown-san-francisco/

Top Five Red Flags for California Cannabis M & A

Ah, California. The land of tech innovation, wine country, and endless coastline. Also the land of shysters, hucksters, and snake oil salesmen, far too many of whom have migrated to the booming cannabis industry to ply their trade. With the lead up to full implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA” a/k/a SB 94), mergers and acquisitions of existing cannabis entities and locally approved cannabis operators are happening at a rapid pace. And with this run-up in California cannabis M&A, we are seeing all kinds of bad behavior by sellers of cannabis business looking to generate a quick buck by selling little more than vapor.

Here are my top five red flags for California cannabis business purchases so as to avoid getting lost in the smoke:

1. Refusal to engage in due diligence. With any other business purchase, a failure by the seller to answer each and every due diligence question is a massive warning sign. Especially in California, where strange and illegal behavior has run rampant under Prop. 215, anyone looking to buy an existing operator “collective” needs to conduct due diligence to make sure they do not purchase an entity that has been suspended by the Franchise Tax Board, that’s facing massive tax penalties or an IRS audit, that doesn’t have rights to the real property on which it seeks to operate, or that doesn’t even have the authority to sell you the entity because of corporate governance issues. See also The Great Eight California Marijuana Industry Pitfalls. All too often, existing California cannabis operators claim they have no business history in writing to review and you should just “trust them.” Don’t.
2. Paranoia about talking to regulators. The cannabis business lawyers in my firm represented a buyer in a California cannabis business purchase where the sellers became visibly angry and scared upon learning that our buyer client had reached out to local government regulators to ensure the sellers had actually secured local approval for medical cannabis commercial activity and to confirm the local government was on track to permit adult use cannabis activity sometime in 2018. Potential buyers bear the bulk of the risk in the purchase and sale of a business and they are entitled to verify that local entitlements are on track and if a seller trying to prevent that is a red flag.
3. Bogus assets with a great pitch. Way too often, California cannabis business sellers try to pitch buyers with business assets that either do not exist or are legally impossible. Countless times, I’ve had existing operators tell my buyer clients they have a state license to operate under MAUCRSA. This cannot be true because no state license has yet to issue for cannabis activity in California; the regulatory agencies in charge of implementing MAUCRSA haven’t even issued the initial rules yet. I’ve had other existing operators claim to have access to countless contracts with future retailers (which are really just Prop. 215 collectives) for future sales or to have contracts to sell massive quantities of cannabis products to researchers or major hospitals These claims and contracts are all likely unenforceable or nonexistent, but they can sound great to a seller who doesn’t know California’s cannabis laws or marketplace. I’ve also had sellers claim they can sell their cannabis businesses without local approval issues which is also untrue almost all of the time. The name of the game in California cannabis mergers and acquisitions should be buyer beware and then some.
4. Overvaluation. The majority of California cannabis operators seem to believe their California cannabis businesses are worth millions of dollars even though they’ve never faced regulated competition, their non-profit structures don’t grant equity to their members, or they are in a city or county that only allows for medical cannabis (which reduces the ability to maximize sales and therefore profit). We’ve blogged before about how difficult it is to truly value a cannabis business for a variety of reasons, but California is on another level with the wild numbers being pumped out without any verifiable data to support them.
5. “Exclusive Opportunities” on the hustle. Many existing California operators try to sell potential buyers by claiming theirs is “the only opportunity” to undertake certain commercial cannabis activity in a given local jurisdiction. Rarely is this claim true. Sometimes this claim is based on the seller having a lease or sublease with proper zoning. That lease interest is indeed valuable, but it is not a once in a lifetime shot. And with this “exclusive opportunity” comes an absurdly short closing date where the seller needs the money now, now, now. If you’re a seasoned businessperson, you know that good deals take time to vet and close.

source http://www.cannalawblog.com/top-five-red-flags-for-california-cannabis-ma/

BREAKING NEWS: DEA Chief Chuck Rosenberg to Resign

Don’t Miss the California Cannabis Investment Forum THIS THURSDAY

Please join us this Thursday, September 28th for the California Cannabis Investment Forum in Downtown San Francisco!

Our San Francisco office is hosting this event with fiscal sponsorship from Templar Capital Management and GBDS and associate sponsorship from the NCIA. This Forum will bring together top investors and leading companies in California’s cannabis industry and provide you with the information you need for investing in California’s cannabis space.

Hilary Bricken, who heads up our Los Angeles office. will begin the event with a short talk on the many recent changes to California’s medical and adult use cannabis laws. Carlton Willey, who heads up our firm’s finance group out of San Francisco, will then moderate a panel comprised of early and late stage investors and debt and equity financers with experience in California’s cannabis industry. The following panelists will discuss cannabis industry investing, deal structures, cannabis business concerns in the context of investing, investor red flags in the cannabis industry, and various other matters of increasing importance in the California cannabis investment world:

Allen Gold, Principal at Templar Capital Management

Alejandro Di Tolla, CEO of GBDS

Sherri Haskell, CEO of CannaAngels

Tom DiGiovanni, CFO of Canndescent

Emily Paxhia, Managing Director of Poseidon Asset Management

The California Cannabis Investment Forum will be at Covo Event Space in Downtown San Francisco. Doors will open at 5:45 pm and Hilary’s keynote will begin at 6:15. Hors-d’oeuvres and drinks will be served and a cocktail networking session will take place following the panel discussion.

We look forward to seeing you there, but do NOT delay in buying your tickets. We must cap attendance at 250 and we are very rapidly nearing that number already.

source http://www.cannalawblog.com/dont-miss-the-california-cannabis-investment-forum-this-thursday/

California Likely to Ban Edibles Appealing to Children

Mesothelioma Support

Mesothelioma Support for Patients and Families

Mesothelioma support is essential. There is more support for mesothelioma patients now than there ever has been before. There are medical, emotional, financial and legal issues created by a mesothelioma diagnosis in the family. Mesothelioma is on the rise. The top West Virginia mesothelioma law firm is here for you. It can be overwhelming learning how to cope with them all. Fortunately, help is available.

For the patient, of course, the most important thing is medical treatment. Although doctors still have not found a cure for mesothelioma, there have been many helpful medical developments to assist with pain management. Mesothelioma patients find that when they work with their physicians to control the discomfort associated with the disease, they are able to maintain a positive attitude and enjoy their lives and families to the fullest extent possible.

Mesothelioma Support

Many resources are available to help patients and their families cope with emotional, financial and legal issues that also accompany the disease. Mesothelioma understandably results in stress, anxiety and a host of negative emotions for both the patient and his or her family. It is important for everyone to acknowledge these feelings and to accept support in dealing with them.

Many organizations exist to offer support for patients or family members feeling depression, anger, anxiety, or loss of self esteem. Some of these groups exist as online communities found on the Internet. The West Virginia Mesothelioma lawyers at GPW are here to help you. Local psychologists, clinical social workers, and support groups are all there to help folks sort through their feelings. Many people often find relief through relaxation therapies such as yoga, massage therapy and acupuncture.

Mesothelioma patients also feel additional stress related to financial concerns. Medical bills associated with treatment for the disease are very high. Pain medications are expensive. Just the cost of traveling to and from treatment facilities can become a financial burden.

Mesothelioma Support

Many families seek the help of an attorney to assist them in obtaining the compensation they need to shoulder the financial costs associated with mesothelioma. Often, the mesothelioma patient’s exposure to asbestos occurred on the job. The companies and manufacturers that caused a person’s harmful exposure to asbestos are legally responsible for their negligence and willful misconduct.

By retaining a lawyer to file a legal action against those companies, patients are often able to alleviate their financial stress, which of course relieves a great deal of emotional stress as well. That way, patients are able to spend their limited energies on their health and their families.

West Virginia Mesothelioma Lawyers, Michigan Mesothelioma Lawyers and Top National mesothelioma lawyers are the leading legal options for mesothelioma patients. Many patients also decide in favor of a Do-Not-Resuscitate Order, so as not to subject their families to unnecessary hardships. Your lawyer can educate you and help you with all these decisions.

Stress & Emotional Issues for the Mesothelioma Patient | Mesothelioma Support

There is no way to learn of a mesothelioma diagnosis without experiencing a wide swing of emotions. The patient, of course, will experience immediate and intense feelings, ranging from denial to anger, blame, fear and depression. For some patients, the stress and anxiety caused by the disease are as difficult as the physical symptoms. All of this is completely normal.

Patients who acknowledge their difficult feelings and seek support for learning how to cope with them will fare the best. It’s important to prevent the onset of severe depression or even physical complications brought on by unresolved anxiety. Mesothelioma support is critical. Many patients benefit from speaking with a professional or from use of an anti-depressant or anti-anxiety medication. Patients should speak with their doctors about their state of mind, as well as the state of their physical health.

Common Mesothelioma Emotions. This is why you need Mesothelioma support. These include:

Shock, Denial, or Disbelief— It is not at all unusual for a newly diagnosed patient to feel as though he is “in a fog.” Some people are so shocked by the news that they repeatedly ask for the information to be repeated over and over. They may refuse to discuss the diagnosis or they may seem to be completely without emotion.

Other patients actually refuse to believe the doctor is speaking to them. Or they protest that the doctor is simply wrong. For some, talking about the diagnosis only makes it real. Although it is important not to push such patients initially, if the denial persists, family members may have to call in a professional to help.

Anger— Once people get over the shock of hearing that they have developed mesothelioma, a terminal cancer, they are often angry. They feel cheated out of future experiences for which they had hoped, worked and planned. Anger is often directed at family and friends who are also grieving because of the diagnosis.

Mesothelioma Support

Patients should try not to attack their loved ones unfairly and family and friends should try to remember that the mesothelioma patient may have nowhere else to direct the anger.Some mesothelioma patients question what they’ve done to “deserve” their situation and become angry with God. The top West Virginia mesothelioma law firm is here for you. They wonder how God could have allowed this to happen or try to understand why God is punishing them. Religious patients may even stop attending services or question their faith.

In such circumstances, it may be useful to call in a clergy person to speak with and pray with the patient.Some patients may direct the anger at themselves, wondering what they did to cause their disease. Mesothelioma support is critical. Mesothelioma patients are not to blame, however, since they did not know that the asbestos they worked around would kill them. Smoking doesn’t cause mesothelioma and neither does a poor diet or a lack of exercise. Mesothelioma patients should never blame themselves.

Mesothelioma Support

Fear— It is not surprising that mesothelioma patients often experience fear. Patients are afraid of the painful symptoms caused by the disease and they are apprehensive about the sometimes multiple surgical procedures that await them. Of course they are fearful of a disease for which the cure is not yet known. The top West Virginia mesothelioma attorneys are here for you. The future is uncertain and that is indeed scary. For many people, the best way to conquer fear is with information. By learning as much as you can about mesothelioma and what to expect, you will at least address our natural fear of the unknown.

Depression— Mesothelioma patients often report experiencing some sort of depression. It is critical, though, that the depression not be allowed to spiral out of control. Depression is a disease unto itself. Left untreated, depression can hinder a patient’s mesothelioma treatment and valuable time with family and friends. Sometimes, patients are able to work through their depression by speaking with psychologists or social workers. Other times, physicians are able to treat depression with medication. Under no circumstances should a mesothelioma patient refuse to admit depression or seek help for it.

Seeking Professional Help for Mesothelioma Support

Help is available, and you are only the stronger for accepting it. Most mesothelioma doctors encourage their patients to seek out professional help for sorting through their emotions. Even though family members and friends may offer their support, there are probably issues you ‘d rather not share with your family.

It is sometimes easier to speak with a psychologist, counselor, or clergy person who has experience with helping people in your situation. West Virginia Mesothelioma lawyers are here to help you. One benefit of speaking with a professional is the knowledge that your feelings and concerns will not be passed on to others. Some patients benefit from the brief use of anti-depressant drugs. This is all very common. Indeed, many insurance policies cover such visits and medications.

Many people find it helpful to combine their counseling sessions with therapies like meditation, yoga or massage. Patients may need to try several techniques before finding the assistance that works for them.

Mesothelioma Support

Psychologists— Your physician or oncologist can probably recommend a good licensed psychologist in your area. Many of these compassionate professionals are specialized in helping people with terminal cancer to accept and confront the difficult challenges ahead. They’ve worked with people in your situation before and know the issues you are facing.

Psychiatrists-– A psychiatrist is a medical doctor who specializes in helping people faced with personal tragedies or trauma. A psychiatrist is able to prescribe medications for stress, anxiety and depression. Sometimes a psychologist or clinical social worker will refer a patient to a psychiatrist for the purpose of obtaining helpful medications.

Don’t worry if it turns out that you need such medications; many mesothelioma patients do. There is little in life more troubling than finding out you have a terminal illness. Drugs may help to control your emotions and prevent a severe bout of depression. Just make sure that you let your psychiatrist know about all the medications you are taking for other conditions. It’s important that your doctor find a medication that works well with the other drugs in your system.

Mesothelioma Support

Social Workers— Your hospital likely has on staff special oncology social workers who can help you find ways to alleviate stress and anxiety. Clinical social workers may provide counseling. Other social workers may help by establishing a schedule for assisted care in your home or by arranging other useful social services.

Clergy— Many patients facing terminal cancer turn for strength to God. It is no surprise that mesothelioma victims find solace in their faith or personal beliefs. For some, faith and spirituality provide a sense of peace and personal wellness that no other treatment affords. The top West Virginia mesothelioma law firm is here for you. If you find comfort in religion, it is likely that you would benefit by contacting a clergy person about your diagnosis. For those troubled by the notion of “why me?” a pastor, priest, rabbi or other clergy person can help. The same is true for questions surrounding the end-of-life.

Mesothelioma Support

Alternative Therapies— Alternative therapies are excellent for mesothelioma patients. Mesothelioma Support is essential. Many cancer patients combine these techniques with counseling to receive the maximum benefit from both. Ask your doctor about such methods, including meditation, yoga, massage, acupuncture and hypnosis.

Meditation— Meditation has long been used to help all sorts of people who would benefit from relaxation and stress reduction. Many mesothelioma patients report that the therapy leaves them with a sense of serenity. With a little practice, you can practice meditation on your own whenever you need it to calm your nerves and achieve a sense of balance.

Mesothelioma Support

Yoga— Yoga is another therapy that may be beneficial for patients who are physically able. The practice of yoga began in India, as a spiritual exercise more than a physical one. Yoga is great for anyone. Mesothelioma patients can greatly benefit from Yoga. Here in the U.S., yoga has been long recognized for its psychologically calming aspects. Simple Yoga techniques improve your state of mind.

Massage— It is no secret that massage is a wonderful stress reliever. Massage promotes blood flow and aids in relieving muscle tension. This stimulates the nervous system. It is often used to relieve chronic pain. Unfortunately, massage is unlikely that massage will be covered by insurance unless prescribed by your physician and performed by a licensed therapist.

Acupuncture: Acupuncture has been used for centuries to alleviate anxiety, stress and depression. The practice may also generate a sense of self-confidence and well-being. The therapy is performed by using very slender needles at specific pressure points around the body. Mesothelioma Support is essential. Many insurance companies provide coverage for acupuncture.

Mesothelioma Support

Hypnosis— Some mesothelioma patients benefit from the practice of hypnotherapy. The therapy has become a familiar one to help people stop smoking. This will help to alleviate the symptoms of stress. Ask your physician if you think hypnotherapy might work for you.
Online Resources for the Mesothelioma Patient

Mesothelioma Support is essential. Some of the sites provide medical information and others provide useful support information. Several other wonderful sites exist, but this list will help to answer many of the questions you now have. West Virginia Mesothelioma lawyers are here to help you. Typically, you might also contact your hospital or local United Way to find a support group near you.

The post Mesothelioma Support appeared first on Goldberg, Persky & White P.C..

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BFD ALERT: Los Angeles Drops Revised Prop. M Regulations for Cannabis Businesses

They Said It On Marijuana, Quotable Saturday, Part CLXXVII

Utah Republican Senator Orrin Hatch proves again that seeing value in cannabis regulation is not a partisan issue. As he points out, the federal government’s lack of support for states’ rights and cannabis regulation hangs the states out to dry and leaves cannabis users without proper information on safety, dosing, and quality. Instead, the federal government continues to carry out practices that are out of date and, as Hatch says, do more harm than good.

It’s time for the federal government to step out of the way and let the states lead.

source http://www.cannalawblog.com/they-said-it-on-marijuana-quotable-saturday-part-clxxvii/

BREAKING NEWS: California Will Begin Issuing Temporary Commercial Cannabis Licenses by January 1st

Yesterday, at the California Cannabis Business Conference in Anaheim (attended by our Southern California cannabis attorneys), the California Bureau of Cannabis Control (the “Bureau”) released information regarding temporary license applications under the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”), which we now know will start to issue on January 1, 2018–see the Bureau’s brochure on temporary licensing details here. The Bureau will likely begin accepting applications prior to that date, but no temporary license application will be effective before January 1, 2018. Additionally, the Bureau expects that the next round of draft (temporary) rules pursuant to MAUCRSA will issue sometime in mid to late November, coinciding with the release of the temporary license application.

A temporary license is a conditional license that will allow a business to engage in commercial cannabis activity for a period of up to 120 days (i.e., 4 months). Within that 120 day period, the business with a temporary license must apply for their full state license. If the operator is unable to finalize their state license within that period (through no fault of their own), the state will grant extensions to the temporary licensee until the full license is issued.

The requirements for obtaining a temporary license to engage in commercial cannabis activity are as follows:

1. Local jurisdiction authorization. Applicants must provide a copy of a valid license, permit, or other authorization to operate issued by the applicable local jurisdiction that allows the applicant to conduct commercial cannabis activity at their proposed location.
2. Name. Applicants must indicate the name of the individual(s) or business entity applying.
3. License type requested. Applicants must specify which of the license types (Distributor, Retailer, Manufacturer, Etc.) they are applying for.
4. License designation. Applicants must indicate whether they are applying for an adult use (A-license) or medicinal (M-license) license.
5. Contact information. Applicants must provide a designated primary contact including first and last name, title, address, phone number(s) and email address(es).
6. Owners. Applicants must provide the name, mailing address, and email address of each “owner” that meets the criteria of Business and Professions Code Section 26001 (i.e., you own 20% or more of the company, you’re the CEO, you’re a director on the board of a non-profit, or you exercise any direction, control, or management of the company).
7. Physical address. Applicants must provide the physical address of the location at which they intend to operate.
8. Authorization to use location. Applicants must provide a copy of the title or deed to the land where the proposed premises is located, or a document from the landowner, such as a lease agreement, stating that the applicant has the right to occupy the property and may use the property for commercial cannabis activity.
9. Premises diagram. Applicants must provide a diagram of the business’s layout at the proposed location.

It is important to note that local approval still reigns supreme–without the necessary city or county permits and/or licenses, applicants will not be able to obtain temporary or actual state licenses.

source http://www.cannalawblog.com/breaking-news-california-will-begin-issuing-temporary-commercial-cannabis-licenses-by-january-1st/

Do Cannabis Patents Create Monopolies?

Our previous post in this series discussed the legal sources for cannabis patent rights. This post and later posts will address some questions about what patents could mean for the cannabis industry.

Today’s question is: Do cannabis patents create monopolies?

Today’s short answer is: Yes and No, but probably less than you might think.

A patent is a government-created monopoly, giving the patent holder an exclusive right to make, use and sell the patented invention. A patentee doesn’t have to let anyone else use her patent (there is no mandatory licensing in the United States), or even use the patent herself. Once the patent expires, it belongs to the public forever. Though the law abhors a monopoly, patents are an exception. The theory is that granting inventors a few years of exclusivity encourages the creation of products beneficial to society.

A patent is not an unlimited monopoly, however. To start, a patent is only good for a limited time, usually about 20 years from the patent filing date. Since it can take three or more years to get a patent granted, that often means a patent lasts 17 years or less in the real world. Patents cannot be renewed; once the patent expires, anyone can practice it at no cost.  Compared with trademarks, which could have indefinite terms, or copyrights, some of which can last as long as a century, the patent term is short.

Also, only inventions that are new and not obvious can be patented. If something has been publicly used or on sale for at least a year, it’s probably unpatentable by anyone. The legal meaning of “obvious” is different and more complicated than the dictionary definition. For our purposes, if a claimed invention could be readily made by a skilled person who was familiar with the prior art, it is obvious. These two requirements of novelty and nonobviousness are intended to ensure that the patent system narrowly rewards creators, not merely collectors or aggregators of products to which the public already has access.

Perhaps most importantly, a patent’s coverage is often much narrower than it appears. You can consider a patent to be like a real estate deed. The deed for your house may refer to the property at “1^st and Main,” but that doesn’t mean you own everything at that address. Your actual property lines are set out in the deed’s legal description, e.g., by detailed surveying designations. Similarly, the scope of a patent is limited by the claim or claims, which are found in the last part of the patent following the words “I claim” or “What is claimed.” Here is a hypothetical cannabis utility patent claim, based on an issued patent:

What is claimed is:

1) A cannabis plant that produces a flower comprising:

[a] a terpene profile where myrcene is not the dominant terpene;
{b] a terpene profile defined as terpinolene, alpha phelladrene, and myrcene;
[c] a terpene oil content greater than 1.5%; and
[d] a CDB content of less than 3%.

Properly interpreting a patent claim is a notoriously squirrely activity. Even if you understand the technical features of the claim, there is an entire body of often-conflicting law on claim interpretation. But one principle is paramount in determining the scope of a claim: the patent covers only inventions that have each characteristic, known in patent law as an “element,” set out in the claim. If a plant had elements [a], [c] and [d], but did not have terpinolene in its terpene profile as required by element [d], it would not infringe that patent.

Our next post will consider more issues about patents and their effects in the cannabis industry.

source http://www.cannalawblog.com/do-cannabis-patents-create-monopolies/

Washington Considers Recreational Homegrown Cannabis

Unlike other states with recreational cannabis, Washington does not allow for home cultivation of recreational cannabis. However, that could change soon as SB 5131 requires the Washington State Liquor and Cannabis Board (LCB) to study the viability of home cultivation. The LCB will hold a public hearing on Wednesday, October 4, 2017, at 10:00 AM on whether the State should allow home grows of recreational marijuana.  Written public comments may be submitted through October 11 at rules@lcb.wa.gov or hard copy at PO Box 43080, Olympia, WA 98504.

The LCB will hold a public hearing on Wednesday, October 4, 2017, at 10:00 AM on whether the State should allow home grows of recreational marijuana.  Written public comments may be submitted through October 11 at rules@lcb.wa.gov or hard copy at PO Box 43080, Olympia, WA 98504.

The LCB must consider home cultivation in light of the Cole Memorandum, the Obama-era policy statement from the Department of Justice that tacitly permits states to legalize marijuana so long as those states enact strong and effective regulations. The Cole Memo outlines eight enforcement priorities:

1. Preventing the distribution of marijuana to minors;
2. Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
3. Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
4. Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
5. Preventing violence and the use of firearms in the cultivation and distribution of marijuana;
6. Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
7. Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and
8. Preventing marijuana possession or use on federal property.

The LCB has opposed home cultivation in the past. In 2015, Washington lawmakers considered a bill that would have allowed cultivation of up to six cannabis plants. In response, the LCB sent a letter outlining the Board’s concern that unregulated home grows would increase the occurrence of all eight enforcement priorities outlined in the Cole Memo.

The LCB worries that home cultivation will lead to diversion. Washington producer, processors, transporters, researchers, and retailers must all use “seed-to-sale” traceability software. As the name suggests, a cannabis plant is monitored throughout its life to prevent cannabis from being diverted to other states, to minors, or to the black market.

The LCB is seeking public input on three proposed options:

1. Tightly Regulated Recreational Marijuana Home Grows. This option would impose a strict regulatory framework. Home cultivators would need a permit to grow legally. Permit holders could then purchase plants from licensed producers. Each household would be allowed four plants and all plants would be tracked in the same traceability system used to monitor commercially grown cannabis.  The LCB would impose requirements to ensure security, preventing youth access, and preventing diversion. Both the LCB and local authorities would monitor home grows. Cannabis processing would be subject to the same restrictions as apply to medical cannabis (e.g., no combustible processing).
2. Local Control of Recreational Marijuana Home Grows. Like Option One, this option would require a permit, require safeguards to prevent diversion, limit each household to four plants, and allow permit holders to purchase plants from producers. Option Two would not require home cultivators to use the State’s traceability system. It also would give greater authority to local jurisdictions to create more restrictions and to authorize, control, and enforce the home grown program.
3. Recreational Home Grows are Prohibited. The third option is to maintain the status quo and prohibit home cultivation.

The LCB must report its findings to Washington’s legislature by December 1, 2017. Lawmakers provided the LCB with no additional funds, meaning the Board must conduct its study without expanding its budget. There is no guarantee that anything changes but this is could be the beginning of recreational home cultivation in Washington.

source http://www.cannalawblog.com/washington-considers-recreational-homegrown-cannabis/

The (Cannabis) Asset Forfeiture Fight

The current U.S. House of Representatives has made its share of poor decisions regarding drug policy and crime policy, especially when those policies align with the political dreams of Jeff Sessions. Easy example — they continue to stand in the way of legislation that would make us all safer, including legislation that would protect banks that want to serve marijuana businesses. But every now and then, the House doesn’t stand in the way of clearly reasonable policy. Last week, during its ongoing budgeting and spending process, the House approved an amendment to its appropriations bill that would stop the Department of Justice from expanding its civil asset forfeiture program. Amendment 126 would stop Jeff Sessions from rolling back Obama-era asset forfeiture reforms that barred the DOJ from adopting local civil asset forfeiture cases.

Civil asset forfeiture generally is the law that allows law enforcement to take assets used in conjunction with certain crimes. On one hand, it makes a lot of sense. Police are not courting controversy when they charge someone with a crime and take their meth lab. Where asset forfeiture becomes pernicious is when it isn’t used as an after-the-fact penalty in a criminal case. Asset forfeiture actions do not require anyone actually be charged with a crime, and law enforcement can gain significant leverage by seizing real property, cash, and other assets in situations where it isn’t clear that a crime has been committed. The value of a forfeited asset does not automatically go into the general public treasury either — it often goes straight to the police department seizing it, creating financial incentives for law enforcement to expand the reach of asset forfeiture.

In 2015, Attorney General Eric Holder announced a new policy regarding federal asset forfeiture. In short, there are both state laws and federal laws governing civil asset forfeiture. When state laws were too restrictive, state and local law enforcement agencies relied on a federal “Equitable Sharing Program” in which local law enforcement would identify something it wanted to be seized and would then transfer the matter to the Federal DOJ who would adopt it. The DOJ would then have jurisdiction and would move forward with the seizure that local law enforcement either did not have the resources to pursue or could not pursue under its state laws. Then, the DOJ would take its 20% commission and give 80% of the seized property to local law enforcement. Even if state law mandates seized assets go to the general fund, Equitable Sharing allowed the DOJ to make the payments directly to the local departments. The 2015 Holder policy ended that unless there was a clear public safety threat supported by warrants and criminal charges.

In July, Jeff Sessions announced that the Department of Justice would roll back these reforms and reinstate Equitable Sharing, further encouraging local law enforcement to engage in asset forfeitures.

Equitable Sharing poses a real threat to cannabis businesses. In states where marijuana is not yet legal, it continues to incentivize law enforcement to stand on the side of illegality, blurring the lines between public safety advocacy and advocacy for their own pecuniary gain. Even if we only look at states where marijuana is legal, Equitable Sharing is by its nature an incentive structure to get local police departments to play a role in federal law enforcement. As we have described in the past. The DEA does not have enough human resources to directly enforce marijuana laws in any major way. But under an Equitable Sharing policy, a police department in a rural part of a state could conceivably identify a number of local marijuana businesses and use Equitable Sharing to have the federal government conduct the seizures. That may not comport with current federal enforcement policy as described in the Cole Memo, but Jeff Sessions has often shown an eagerness to read the Cole Memo narrowly.

So it was great to hear that Amendment 126 passed in the House of Representatives. It is not law yet. After the House and the Senate pass their own appropriations bills, they go to conference and negotiate a single bill. If Amendment 126 survives conference, it will go back to the House and the Senate before being put in front of President Trump to sign. Even if the President doesn’t like the amendment, he is not going to veto an appropriations bill because of it, so what comes out of conference will almost certainly end up being law. Conference presents especially high stakes this year, as the Senate version also contains a restriction on federal enforcement of medical marijuana laws that have been in place since 2014 that the House blocked. Call your members of Congress and advocate on both of these issues — they’re important.

source http://www.cannalawblog.com/the-cannabis-asset-forfeiture-fight/

West Virginia Mesothelioma Law Firm

Mesothelioma support is vital. There's more support for mesothelioma patients today than there ever was before. There are clinical, emotional, legal and financial dilemmas made by means of a mesothelioma diagnosis from your family. Medication is about the increase. The very best West Virginia mesothelioma lawyer will be here for you personally. It might be overwhelming learning just how to deal together. Luckily, help is now available.

For the individual, clearly, the absolute most crucial issue is clinical therapy. Even though doctors still haven't seen a cure for mesothelioma, yet there has been lots of helpful medical improvements to aid with pain control. Mesothelioma patients realize that if they utilize their physicians to successfully restrain the suffering related to the disorder, they can keep a good attitude and revel in their own lives and lives into the fullest degree possible.

Lots of tools are available to help patients and their families deal with emotional, legal and financial conditions which also accompany the disorder. Mesothelioma understandably leads to stress, anxiety and a lot of adverse feelings for both the affected person and their loved ones. It's necessary for every person to admit these feelings and also to accept aid in handling them.

Several businesses exist to provide aid for patients or relatives sense melancholy, anger, stress, or even lack of self regard. A few of the groups exist since social networks entirely online. The West Virginia Mesothelioma attorneys in GPW are here to aid you. Local psychologists, clinical researchers, and service bands are all there to assist individuals sort through their own feelings. Lots of people frequently seek relief during relaxation treatments like massage, yoga therapy and acupuncture.

Mesothelioma patients additionally come to feel additional stress linked to financial concerns. Medical bills related to treatment for that disorder are rather large. Pain medications are costly. Only the expense of traveling to and out of treatment centers could turn into a financial burden.

Many families seek the aid of an lawyer to aid them in receiving the reimbursement that they will need to shoulder the economic costs related to mesothelioma. Many times, the mesothelioma patient's contact with asbestos happened at work. The firms and manufacturers that brought a individual's detrimental contact with asbestos will be legally accountable for their neglect and deliberate misconduct.

By keeping a attorney to file a legal actions against those organizations, patients are usually able to ease their economic stress, which ofcourse alleviates a terrific deal of psychological strain too. This way, patients have the ability to devote their limited energies within their wellbeing insurance and their own families.

Lots of patients additionally pick in support of a Do-Not-Resuscitate Order, in order to subject their own families to unnecessary insecurities. Your attorney can educate you and assist you with all those decisions.

There's not any solution to master of a mesothelioma identification without even having an extensive swing of emotions. The individual, obviously, will undergo intense and immediate feelings, which range from refusal to anger, blame, fear and melancholy. For many patients, the strain and stress brought on by the disorder are too difficult as the physical symptoms. Most of that is completely ordinary.

Patients that admit that their difficult feelings and search aid for learning how to manage together may fare the top. It is essential to avoid the start of acute depression or even physical complications caused by unresolved stress. Mesothelioma support is important. Lots of patients benefit from talking to a skilled or by usage of a antidepressant or antipsychotic medicine. Patients should consult with their doctors about their frame of mind, in addition to their condition of these physical wellness.

This Is the Reason YOU Want MESOTHELIOMA SUPPORT.
Many of us are so shocked with the news that they repeatedly request the advice to be replicated repeatedly. They might won't explore the identification or they might be seemingly completely without the emotion.

Different patients actually will not trust that the physician is talking with them. Or they also protest that a physician is only erroneous. To get some, speaking about the investigation merely makes it more real. Even though it's crucial never to push such patients initially, in the event the refusal persists, relatives might need to call in an expert to assist.

Infection-- When people overcome the shock of hearing that they've developed mesothelioma, a terminal cancer, and they're generally angry. They believe tricked out of prospective adventures for which they'd expected, planned and worked. Faith is usually inclined to family and friends that will also be grieving on account of the identification.

Patients should make an effort never to attack their nearest and dearest liberally and relatives members and friends should attempt and not forget that the mesothelioma patient might have no where else to steer the anger.Some mesothelioma patients wonder what they have done to "deserve" their position and also become mad with God. The very best West Virginia mesothelioma lawyer will be here for you personally. They wonder just how God might have let this to take place or attempt to comprehend just why God is punishing them. Religious patients might even quit attending agencies or question their own faith.

Such conditions, it might be practical to telephone at an clergy person to consult together and plead with the patient.Some patients could direct the anger in themselves, wondering why exactly what they didn't create their own disease. Mesothelioma support is important. Mesothelioma patients should not blame, nevertheless, as they didn't realize that the asbestos they functioned across will kill them. Smoking does not lead to mesothelioma and neither does a bad diet or too little exercise. Mesothelioma patients shouldn't blame themselves.

Stress-- It's isn't surprising that even mesothelioma patients usually undergo fear. Patients ' re fearful of those debilitating symptoms resulting from the illness and they're worried concerning the sometimes multiple surgical treatments that anticipate them. Ofcourse they're fearful of a disorder for which the cure isn't yet understood. The very best West Virginia mesothelioma lawyers are here foryoupersonally. The near future is unclear and that's really terrifying. For lots of individuals, the perfect solution to overcome fear has been advice. By learning just as far as possible about West Virginia Mesothelioma Lawyers and also exactly what exactly to expect, you may atleast address our normal anxiety about the unknown.

Depression-- cancer patients frequently report undergoing some type of melancholy. Anxiety is an illness unto itself. Left untreated, depression may hinder someone's disease treatment and valuable time together with family members and family members. From time to time, patients have the ability to function with their melancholy by talking with spouses or social workers. Other occasions, physicians have the ability to take care of depression using drugs. On no account if a mesothelioma attorney refuse to disclose melancholy or seek assistance to it.

Help can be found, and you're just the more sturdy for taking it. Many mesothelioma doctors encourage their patients to find professional assistance for sorting through their own emotions. Though relatives and friends might offer their service, there are probably problems you 'd rather not talk with your loved ones.

It's sometimes a lot easier to talk to a psychologist, or counselor, or clergy person with experience with helping people on your circumstance. 1 good thing about addressing an expert may be your data that your concerns and feelings won't be offered to other individuals. Some patients enjoy the brief utilization of antidepressant drugs. This is all quite typical. Really, many plans insure such medications and visits.

Lots of individuals believe it is helpful to unite their counselling sessions with remedies including meditation, massage or yoga. Patients might want to use several methods before choosing the assistance which is right for them.

Psychologists-- a medical doctor or oncologist are likely to suggest a great licensed psychologist in your region. A number of those compassionate practitioners are specialized in aiding individuals who have terminal cancer to simply accept and face the difficult struggles ahead. They have worked together with people on your position before and understand the difficulties you're facing.

Psychiatrists--- A psychologist is a medical professional that specializes in assisting people up against personal tragedies or injury.

Do not be concerned if it ends up that you require such medications; most mesothelioma patients perform. There's little in life more upsetting than discovering you get a terminal disease. Drugs can help to regulate your feelings and avoid a severe episode of melancholy. Just be certain that you let your psychologist understand about all of the medications you're looking for other ailments. It's essential that your physician find a drug that works nicely with another medication on the body.

Social Workers-- Your bicycle likely is wearing team special oncology social workers who will be able to assist you to figure out strategies to alleviate tension and stress. Clinical researchers may offer counselling. Other social workers can help by setting a program for assisted attention at house or simply by organizing other social services that are useful.

It's not surprising that mesothelioma sufferers find relaxation in their faith or private beliefs. For a few, spirituality and faith provide a feeling of calmness and private wellbeing that no additional treatment arouses. The very best West Virginia mesothelioma lawyer will be here for you personally. If you discover comfort in faith, then it's probable that you'd benefit by calling a clergy man on your investigation. For all those bothered by the thought of "I?" The same goes for questions enclosing the end-of-life.

Choice Treatments-- Option remedies are great for mesothelioma patients.Mesothelioma Service is critical. Many cancer patients unite those methods with counselling to obtain the most benefit out of both. Consult your physician about such procedures, including yoga, meditationand massageand acupuncture and acupuncture.

Meditation-- Meditation continues to be used to greatly help a variety of people who'd gain in comfort and stress reduction. Some mesothelioma patients report which the therapy leaves them with a feeling of calmness. With just a little training, it is possible to exercise meditation in your whenever you require it to calm your nerves and also achieve a feeling of balance.

Yoga-- Meditation is just another therapy which could be good for patients that are emotionally competent. The tradition of yoga began in India, being a spiritual practice more than just a physical one. Yoga is fantastic for everybody. Mesothelioma patients may substantially profit from Yoga. Here from the U.S., yoga was long known for the emotionally calming facets. Simple Yoga methods improve a frame of mind.

Care-- It's not any secret that massage can be an excellent stress reliever. Massage boosts the flow of blood and assists in alleviating muscle strain. Regrettably, massage is not likely that massage is going to be included in insurance unless prescribed by a medical doctor and completed by a certified therapist.

The clinic can also generate an awareness of selfconfidence and wellbeing. The therapy is completed by using very slim needles in specific pressure points across the human body. Mesothelioma Support is vital. Many insurance businesses offer coverage for the treatment.

The therapy has come to be a comfortable one to simply help people give up smoking. This helps to ease the signs of stress. Consult your doctor if you believe acupuncture may get the job done foryoupersonally.
Online Learning Resources for your Mesothelioma Patient

Mesothelioma Support is vital. A few of the internet sites give medical info among many others offer invaluable service info. Some other great web sites exist, but this checklist may assist you to answer lots of the questions that you currently have. Normally, you may also contact your local or hospital United Way to locate a support group in your area.

source http://gpwlawwv.weebly.com/blog/west-virginia-mesothelioma-law-firm

Mr. Sessions Goes to Oregon

No Bankruptcy, No Problem? Receivership and Cannabis.

Mesothelioma cancer is More Likely in Workers Exposed to Asbestos Previously.

A new research study exposed that individuals who are exposed to asbestos previously in their profession are at a higher threat of establishing pleural mesothelioma.The study published in the BMJ Occupational & Environmental Medicine journal also specifies that individuals who are exposed to asbestos later in their career or are exposed at a consistent level over their entire working profession, are at a lower danger of developing pleural mesothelioma cancer. Timing of Asbestos Direct exposure and Mesothelioma cancer Diagnosing Throughout the research study, researchers evaluated medical record data of 1,196 male patients from the years of 1987 to 2006 and...

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