Tensions continue to escalate in an ongoing lawsuit between medical marijuana advocates and the state of Utah. Most recently, the lawyer in charge of a key lawsuit circulated a detailed letter. In it, he described Utah’s current medical marijuana bill as unconstitutional and illegal. Ultimately, the lawsuit calls for a return to the state’s previous medical marijuana program, which was approved by voters last November but overwritten by lawmakers in December.

Lawyer and Advocates Fighting House Bill 3001

In December 2018, Attorney Rocky Anderson filed a lawsuit against the state of Utah. The suit was a response to House Bill 3001, which lawmakers passed in a legislative special session earlier that month.

Lawmakers bill H.B. as a “compromise bill.” But critics of the bill say that H.B. 3001 actually functions as a replacement to Proposition 2, the medical marijuana initiative approved by voters in November 2018.

Importantly, many medical marijuana advocates throughout the state claim that H.B. 3001 fundamentally alters the bill put into place by voters. And they want to see H.B. 3001 repealed so that Proposition 2 can be reinstated.

Currently, the state is facing two separate lawsuits. The first was filed by Anderson on behalf of multiple plaintiffs, including Together for Responsible Use and Cannabis Education (TRUCE) and The Epilepsy Association of Utah.

Additionally, another group called The Peoples’ Right filed its own lawsuit. Both suits were filed in December 2018.

With both suits still in the works, Anderson and the advocates he represents have ratcheted up their campaign against H.B. 3001. Last week, Anderson sent a letter to county commissioners and city council members across Utah.

In it, he claimed that H.B. 3001 is fundamentally illegal and unconstitutional. As such, he warned local officials against complying with the bill. Additionally, he invited commissioners and city council members to join the fight against H.B. 3001.

Lawyer and Advocates: Utah’s “Replacement Bill” is Illegal

In the letter, Anderson explained that H.B. 3001’s “central fill” program illegally requires state and local health departments to break federal cannabis laws.

“Under H.B. 3001, the health departments are to participate in arranging for the purchase, distribution, transportation, storage, and sale of a Schedule 1 controlled substance—all of which is absolutely forbidden by the federal Controlled Substances Act,” Anderson’s letter said.

According to Anderson, the sticking point in H.B. 3001 is that it specifically requires health departments in Utah to participate. In making this requirement, Anderson claimed, H.B. 3001 effectively creates a “felonious, full-service drug cartel.”

“Laws in other states, which have been upheld, do not compel anybody to violate federal law. They simply say that the state will not go after you for whatever’s allowed under that state’s cannabis laws” Anderson told High Times. “How Utah is different from every other state is the distribution scheme in which they’re requiring health departments to purchase, store, transport, distribute, and sell cannabis.”

He added: “That is blatantly prohibited under federal law. It’s an almost certain way of legally defeating this replacement bill, or at least that portion of it.”

Building the Case Against Utah

With this most recent letter, Anderson and the advocates he’s representing in the lawsuit, appear to be scaling up their case against the state. Specifically, the letter articulates a third primary complaint. Prior to this letter, the lawsuit focused on two primary issues.

First, Anderson and his clients argued that when lawmakers replaced the voter-approved Proposition 2 with H.B. 3001, they violated the public’s right to create laws through the initiative process.

Second, the original lawsuit claims that the Church of Jesus Christ of Latter-Day Saints (LDS), commonly known as the Mormon Church, wrongfully interfered in the state’s lawmaking process.

Headquartered in Salt Lake City, the LDS Church is generally recognized as having significant influence over its members, who make up almost 63 percent of Utah’s population. Additionally, a large proportion of Utah lawmakers are also Mormon. Even more, the LDS Church maintains a strong lobbying presence in the state.

Importantly, the LDS Church was very active in campaigns against Prop 2. For example, it sent a letter to all members encouraging them to vote against the proposition. Additionally, the church’s lobbyists consistently urged lawmakers to work to defeat or replace Prop 2.

As a result, Anderson and his clients claim that the Mormon Church exerted illegal influence over the legislation process.

“They’re [the LDS Church] playing too heavily in Utah politics,” Christine Stenquist, President of TRUCE, told High Times.”This issue crossed party lines and religious lines, and has affected people in a really profound way. A lot of people are saying they want their church to stay out of politics, and what the church is doing makes them uncomfortable.”

Anderson said he plans to amend the original lawsuit. In particular, he plans to add to the suit the additional argument regarding H.B. 3001’s mandatory “central fill” system. Additionally, he hopes to add new plaintiffs.

Timeline: Utah’s Ongoing Medical Marijuana Drama

Anderson’s new letter and his intent to amend the lawsuit represents the newest chapter in what has become a long and drawn-out drama. The following timeline maps out key moments in the controversy surrounding H.B. 3001:

  • June 2018: LDS lobbyist Marty Stephens organizes a closed-door meeting to craft alternatives to Proposition 2.
  • August 2018: LDS Church officially announces its opposition to Prop 2. On August 23, a church spokesperson said “we urge the voters of Utah to vote no on Proposition 2.” The LDS Church also sent a letter to its members, encouraging them to vote against the proposition.
  • November 6, 2018: Voters in Utah approve Prop 2, making medical marijuana legal.
  • December 1, 2018: Prop 2 officially goes into effect.
  • December 3, 2018: At urging from the LDS Church representatives, lawmakers hold a “special session” in which they replace Prop 2 with H.B. 3001.
  • December 5, 2018: Rocky Anderson files a lawsuit against Utah on behalf of a group of medical marijuana patients and advocacy groups.
  • December 10, 2018: The Peoples’ Right files its own separate lawsuit.
  • February 20, 2019: Rocky Anderson sends letter to county commissioners and city council members in Utah, arguing that H.B. 3001’s central fill system is illegal.

For now, the battle over H.B. 3001 and Prop 2 is ongoing. For many in the state, the outcome of the suit has long-term implications—both for Utah and the nation at large.

“This is the fight that has to happen,” Stenquist told High Times. “To get de-scheduling at some point in the future, it’s got to start with a conservative state like Utah. It will take a place like Utah to adopt cannabis to get the federal government to start looking at this seriously.”

The post Tensions Escalate Over Utah’s “Compromise” Medical Marijuana Bill appeared first on High Times.

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1. What is CBD? What is CBD Oil?

Cannabidiol (CBD) is a naturally occurring constituent of industrial hemp/cannabis. Its formula is C21H30O2 and it has a molecular mass of 314.4636. It is the most abundant non-psychoactive cannabinoid found in cannabis, and is being scientifically investigated for various reasons.

CBD oil is a cannabis oil (whether derived from marijuana or industrial hemp, as the word cannabis is the latin genus name for both) that has significant amounts of cannabidiol (CBD) contained within it. Our CBD products and extracts are derived from industrial hemp, so they could be considered CBD-rich hemp oil, hemp derived CBD oil, CBD-rich cannabis oil, or plainly “hemp extracts” since they typically contain much more than just CBD. Again, cannabis doesn’t mean marijuana, but is the genus name, and general umbrella term which all forms of marijuana and hemp fall under. The form of cannabis we use for our CBD and hemp extracts is industrial hemp; we do not sell marijuana.

2. If a hemp extract is 40% cannabinoids, what’s the other 60%? What’s in your hemp extracts besides the naturally occurring cannabinoids?

Our Kentucky hemp extracts contain over 80 different phyto-cannabinoids such as cannabidiol (CBD), CBC, CBG, CBN, etc.. In addition to the cannabinoids naturally present in our agricultural hemp extracts, there are also many other types of natural molecules and phyto-chemical compounds such as amino acids, carbohydrates, vitamins (including B1, B2, B6, D), fatty acids (including omega 3 & 6), trace minerals (including iron, zinc, calcium, magnesium, potassium), beta-carotene, chlorophyll, flavanoids, ketones, nitrogenous compounds, alkanes, glycosides, pigments, water, and terpenes. The most common terpenes in our hemp extracts are Myrcene, Beta-caryophyllene, Terpinolene, Linalool, alpha-Pinene, beta-Pinene, Nerolidol og Phytol, trans-alpha-Bergamotene, Limonene/ beta-Phellandrene (Co-elution), and alpha-Humulene.

3. What’s the difference between Hemp and Marijuana?

Scientifically, industrial Hemp and Marijuana are the same plant, with a genus and species name of Cannabis Sativa. They have a drastically different genetic profile though. Industrial Hemp is always a strain of Cannabis sativa, while marijuana can be Cannabis sativa, Cannabis indica, or Cannabis ruderalis. The major difference is how industrial hemp has been bred compared to a marijuana form of Cannabis sativa. organic hemp seedsTypically speaking, industrial hemp is very fibrous, with long strong stalks, and barely has any flowering buds, while a marijuana strain of Cannabis sativa will be smaller, bushier, and full of flowering buds. However, newer industrial hemp varieties in the USA are being bred to have more flowers and higher yields of cannabinoids and terpenes, such as our Kentucky hemp we’re now using!

99% of the time marijuana has a high amount of THC and only a very low amount of CBD. Hemp, on the other hand, naturally has a very high amount of CBD in most instances, and only a trace amount of THC. Fortunately, the cannabinoid profile of hemp is ideal for people looking for benefits from cannabis without the ‘high.’ Hemp is used for making herbal supplements, food, fiber, rope, paper, bricks, oil, natural plastic, and so much more, whereas marijuana is usually used just recreationally, spiritually, and medicinally. The term cannabis oil can refer to either a marijuana or hemp derived oil, since marijuana and hemp are two different forms of cannabis.

In the USA the legal definition of “industrial hemp,” per Section 7606 of the Agricultural Appropriations Act of 2014, is “INDUSTRIAL HEMP — The term ‘‘industrial hemp’’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

4. Are hemp derived cannabinoids such as CBD as good as CBD from marijuana?

The short answer is yes. CBD is CBD, whether from marijuana or hemp. Most marijuana has a very low non-psychoactive cannabinoid profile (like CBD, CBC, CBG), so most of the time hemp would be much more preferable for anything besides THC. Marijuana is usually very high in THC (gives people the high) but usually very low in other non-psychoactive cannabinoids.

Nowadays in the USA, many farmers are growing industrial hemp flowers that are just as beautiful, odor-producing, and terpene rich as the best marijuana strains, such as our partnered farmers in Kentucky.

5. Why don’t you source your Hemp and CBD from within Colorado?

colorado growing operationWe feel that the hemp program in Kentucky is more well suited for our company in regards to growing hemp, and that because it’s 100% compliant with Section 7606 of the 2014 Farm Bill (and the 2016 Agricultural Appropriations Act), procuring it from there is perfectly legal at the federal level. Kentucky’s ecology is perfect for hemp just as it is for tobacco. The growing season is longer than in Colorado, and the soil is richer, so the quality of the hemp and the yields are better.

6. What’s the percentage of cannabinoids and CBD in your product?

Our raw extracts have varying percentages of cannabinoid and cannabidiol (CBD) content, the range being 10%-99%. Each product has a unique formulation and uses varying ratios of our extract types. Our CBD Isolate is over 99% pure CBD.

7. What is the best method of use?

For our dietary supplements we can only recommend them for internal consumption. Our CBD isolate is for research purposes only. If you don’t like the flavor of the oil supplements, you can mix with something sweet like apple sauce or honey to cut through the flavor.

8. What’s the ideal serving size for me, and how often should I take it?

There is no easy answer to this. Our starting recommended serving size is 15 drops but we generally recommend experimenting to see what feels best to you. Some prefer 5 drops, some prefer over 50 drops per day.

9. What is the safety of your hemp extracts? Are there negative side effects?

Hemp is considered by many to be generally safe. We’ve never seen or heard of any significant or negative CBD Oil Extractside effects in our years in the industry. That said, we can’t rule them out. Please consult with your physician before using any dietary supplement including Hemp extract supplements.

10. Which of your CBD and hemp products should I get?

As a company who sells various dietary and food supplements, we can’t suggest any of our products for the prevention, treatment or cure of any disease or ailment.

When considering our different dietary hemp products, know that they all come in two strengths. Our Original Hemp blends (Classic Hemp Blend, Hemp Complete, Brainpower oil, & Signature Blend) all have 250+mg of cannabinoids per fluid ounce, and our concentrated blends have 1,500+mg per fluid ounce, six times the potency of our traditional oils. We’ve found that sometimes less is more, but nevertheless, some people like to take very large serving sizes of our hemp extracts.

The main difference between the four Original Blends is the additional herbal ingredients besides hemp. We suggest you research the separate components of each blend to determine which product may be most appealing to add to your dietary regimen. If you know it’s solely the hemp extract that you are looking for, with no additional ingredients, then Classic Hemp Blend or Classic Hemp 6x is what you’re looking for.

For dabbing and vaporizing or for research you can try our CBD Isolate.

THOSE WHO SUSPECT THEY MAY HAVE A DISEASE OR ARE SEEKING HELP FOR A DISEASE SHOULD CONSULT A QUALIFIED MEDICAL PROFESSIONAL.

11. Why do people use Hemp Extracts and CBD? What are the benefits and uses of CBD?

In accordance with federal regulations we cannot make health claims regarding our dietary supplement products. We can only recommend our products for general wellness.

12. Is a standard hemp seed oil the same as a high-CBD hemp extract?

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Absolutely not. Standard hemp oil, which can be found very cheaply at a grocery store, is a much different product than our CO2 hemp extracts (not from seed). Standard hemp oil is produced by cold pressing the seeds, whereas our hemp extract is a supercritical CO2 extraction of the hemp plant itself, not the seeds. Hemp seed oil is considered to be a great nutritive food, but it doesn’t have the naturally occurring terpenes, cannabinoids and other components that our extracts do have.

13. Do I need to move to Colorado to get your Hemp Extracts and CBD? Where do you ship?

No. We actually source our hemp from Kentucky, as it’s legal to ship across state lines. Many people are under the impression that the only way to acquire hemp extracts and CBD for themselves or a loved one is to move to Colorado or another cannabis-friendly state. Many major news outlets are misinformed and are unfortunately spreading the idea that you can only get CBD oil in the states where medical marijuana has been legalized. This is simply not the case though. Because our extracts comes from hemp instead of marijuana, we can and do ship to all fifty states, and no medical marijuana card is needed. There are some exceptions, like with Indiana, Missouri and South Dakota we can’t sell our concentrated products due to state legislation.

We also ship to Japan, Australia, the EU, Switzerland, and Brazil. For all EU orders contact our exclusive distributor thereCannawell.

14. Is your Hemp Extract Oil similar to Rick Simpson Hemp Oil?

Not quite. Ours are from hemp and RSHO is usually using marijuana, a different form of cannabis than industrial hemp. Our industrial hemp extracts are more standardized and will usually have a much higher content of non-psychoactive cannabinoids like CBD than one produced through the Rick Simpson method. And oils produced through his method will usually have a much higher THC content, as it’s typically marijuana that is used for RSHO.†

Generally speaking, most marijuana producers and sellers (especially on the black market) don’t test for contaminants (metals, pesticides, bacteria, etc.). Rick Simpson Hemp Oil is actually more a method of extraction than it is a specific product. People use the Rick Simpson method with hundreds of different strains of marijuana, so the THC, CBD and other cannabinoid content of the final oil is always varying greatly, depending on the cannabis the consumers are acquiring. Usually what’s used for Rick Simpson oil is a strain with an inferior CBD content (and high THC), because that’s what the vast amount of marijuana is nowadays.

15. Where do you source your hemp and CBD from?

We have partners in Kentucky who grew a dedicated plot for us this year (2016) which is being used in our products now. mjna message boardWe also currently source from Europe but we’ll be changing that soon.

16. What kind of testing/analysis is performed on your products?

We have an industry leading quality control system, and we have third party laboratories analyze all of our hemp extracts and our final products for cannabinoid potency, heavy metals, bacterial and microbial life, mycotoxins (fungus), and pesticides.

17. What is CO2 extraction? What’s the difference between subcritical and supercritical CO2 extractions?

CO2 extraction is an extraction process that uses pressurized carbon dioxide to extract phyto-chemicals (such as CBD, CBG, or terpenes, flavonoids, etc.) from a plant. CO2 at certain temperatures and pressures acts like a solvent, without the dangers of actually being one. It is the most expensive extraction method, and is widely considered the most effective and safest plant extraction method in the world.

Many hemp and CBD companies boast about their supercritical CO2 extractions, but that’s actually only one (and perhaps an inferior) method of using a CO2 extraction machine. There are also subcritical CO2 extractions, and ‘mid-critical’, a general range between subcritical and supercritical. Subcritical (low temp, low pressure) CO2 extractions take more time and produce smaller yields than super-critical, but they retain the essential oils, terpenes, and other sensitive chemicals within the plant. Supercritical, on the other hand, is a high pressure and high temperature process that damages most terpenes and heat sensitive chemicals, but can extract much larger molecules such as lipids (omega 3 and 6), chlorophyll, and waxes. A truly full-spectrum CO2 extract includes first performing a subcritical extraction, separating the extracted oil, and then extracting the same plant material using supercritical pressure, and then homogenizing both oil extracts into one. In the essential oil industry, an extract made using this specific process is referred to as a CO2 Total.

18. What is the endocannabinoid system (ECS)?

“The endocannabinoid system (ECS) is a group of endogenous cannabinoid receptors located in the mammalian brain and throughout the central and peripheral nervous systems, consisting of neuromodulatory lipids and their receptors.” Wikipedia

There are two main types of receptors in the ECS, CB1 and CB2. CB1 receptors are primarily located in the central nervous system and brains of mammals, and CB2 are generally found in the peripheral nervous system. There are two main cannabinoids mammals produce- 2AG and Anandamide (named after the Sanskrit term “ananda” which translates to “peace”).

For hundreds of millions of years every vertebrate on Earth has been equipped with this ECS, a crucial system in the body, and it has been known about in the scientific and medical communities since the 1980’s. However, it’s still not taught about in most medical schools.

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