We Are Cannabis Attorneys at Gleam Law! Ask Us Anything!

Does your office drug test?

Neil: Funny enough, we do not even ask people if they have ever done drugs. It's just not part of the conversation.

No law firms drug test. Most prosecuting attorney's offices (legal and nonlegal states) have even learned they won't have any employees if they did.

Also most of your lawyers are snorting Adderall, not blazing.

Dextrose and pill filler don't go up the nose very well

Did I say lawyers were smart?

As someone who had exclusively attorneys for clients, I support this notion. 90%+ are fucking morons of a special calibur. The minority group can be pretty fuckin cool though. Just gotta wade through incomprehensible levels of idiocy to find them, lmao.

What do you call a person who graduated from the bottom of their medical school class? You call them Doctor.

What do you call a person who graduated at the bottom of their law school class? Unemployed.

Hahaha I like that. Although I think some of them missed the memo because they run solo practices (very, very, very poorly) and will have a meltdown over the slightest inconvenience. Turns out running your business with such tight overhead that a minor obstacle brings the whole thing crashing down is a bad idea. Who would have thought!

One of my clients put it well, though: everyone in law school was the smartest kid in their hometown class (or above average), but all of those people go to law school and find out they're subpar in comparison to the competition. So, you wind up seeing a lot of dumb, fragile ego'd people who lack the business practicality and common sense for running a practice, let alone being a good attorney, but they're all egotistical to some degree and many have control issues.

That being said, business sense isn't everyone's forte and I have great clients who recognize they're better attorneys than businessmen, but they're capable of letting people who are more specialized in the business side of things actually run that part of the machine as a team, and thus, they have very successful firms. Hoenstly I think some business education needs to be a requirement for law school. It's insane how many people are drowning in horribly managed overhead.

Whats really fascinating to me is how wildly different this tends to be with each state, though. Every state tends to have a certain kind of attorney personality as it's most prevalent sort of character, and some states are fantastic, while others I won't even touch with a 100 mile pole. The absolute worst state by FAR is Texas. You couldn't pay me a million dollars an hour to touch Texas again. People are unbelievable, easily the most entitled, egotistical, idiotic bunch of lawyers in the country. It's like half of them are licking lead paint and huffing paint thinner.Granted that's not to say there aren't gems. Some of my favourite clients of all time are out of Dallas, Austin, and San Antonio. Just have to wade through a bog of absolute insanity to find them. 🙄

Honestly idk how tf you guys can stand being attorneys. I've had a couple clients tell me I should have been one and I just laughed and was like nah, then I'd have to deal with these assholes even more, in person at that. He laughed and said that was a good point.

It's been an interesting experience to say the least. I've learned a lot, had some crazy cool clients, and heard some craaaaazy stories.

Neil: The type of person who tend to attend law school tends to be quite neurotic. It's the nature of the beast. I have so many stories confirming your statements. We should grab a beer sometime and talk shop.

Brittany (legal assistant): I have worked at 4 firms between Texas and Washington. I have only been drug tested once. It was a debt collection firm, and also required me to be fingerprinted at the police station due to the sensitive information the firm worked with. Definitely on a firm to firm basis, but rare.

What would be the most helpful federal legislation for the growth of the cannabis industry short of full legalization?

The SAFE Banking Act is the more important legislation. Gleam Law lobbied in DC on this years ago. It made us lose our faith in the effectiveness of federal politics.

More important than 280E reform? Why?

280E reform would also be great, of course. It is automatically solved by federal legalization. And it's a harder change than passing the SAFE Banking Act.

Justin here. In addition, SAFE Banking makes my job one heck of a lot easier. Banking transactions are a heck of a lot more normal and easy to trace as opposed to people shuffling cash around into safes in their home. When business disputes arise, I'd rather have a record of dubious transactions.

Doobie-us

Come on, man. It's RIGHT there!

Justin here. You're not wrong. I am ashamed.

Mia: Rescheduling along with 280E being revised such that it does not apply to the industry. But many do not want to see rescheduling, only descheduling.

Have there been issues with custody of children for parents who use recreational Marijuana in states where it is legal? For example have CPS removed children from homes where parents use cannabis that was purchased legally?

Neil: Unfortunately, we have seen it happen. And there are grounds, as it is illegal federally.

What are your thoughts on the popularity of Delta 8 especially in non legal states? Do you think it's effective "nonregulation" will lead us toward more acceptance and legalization?

Mia: I do not think so, but others may disagree. Delta 8 is a threat to the legal market. We need loosening of regulations governing regulated product, not unregulated products.

Thanks!

The lack of regulation does worry me. Especially with topics like edibles and food regulations. I've seen batches that were moldy, otherwise off, etc. and this is particularly annoying as all it takes is for a few bad news stories to break.

Mia: Right, and bad news about unregulated/illegal products reflects poorly on the legal market. The public and, often, legislators, have a hard time differentiating.

Isn't D8 now illegal?

Neil: This depends upon the state or which federal laws you want to examine today. Because of course it has to be as confusing as possible.

Brittany (legal assistant): No comment on the legal bearing of it, but I took a delta 8 gummy once. It was easily one of the worst experiences of my life.

Edit: Added 8 to Delta

Interstate transport. If I fly from Los Angeles to Seattle but am stopped by TSA (airports are Federal jurisdiction), what is my best course of action if questioned about gummies in my possession?

Justin here: TSA enforcement in this regard is airport to airport policy. Generally, we have seen less enforcement of those going from legal state to legal state, and less enforcement overall in airports with legal states. However, it is federally illegal.

Why is TSA asking you to bend over?

I got selected for a random bag search.

TSA agent spotted THC CBD Gummies and started in with it being a federal crime to transport them. I kept my mouth shut; thankfully, his supervisor just shook his head and left me to go.

Without examining the legal question, that is so ridiculous.

Why is the Federal government moving slowly on deregulating marijuana?

Neil: This is such a complex question and has many possible factors. I think the pharmaceutical industry along with legal vices is against it, which prevents political movement on it. And with the gridlock pit of human despair we call federal government, it's not like anything meaningful could ever change, anyways.

Mia: There is a lot more money behind defeating legalization/descheduling.

Mia: There is a lot more money behind defeating legalization/descheduling.

Why is that? I was under the impression Cannabis would be a huge new market and source of income for many states.

Mia: What sonorguy said.

Alan: I think part of the issue is 280E, dispensaries in particular have an effective tax rate upwards of 50% so if marijuana is legalized the IRS is kissing away a lot of revenue

Is there a short or simple answer to: why are there people still in jail for cannabis crimes in states where it’s fully decriminalized or legal?

Neil: It's such bullshit. There is at least one group working on fixing this gross injustice - The Last Prisoner Project

Thanks for doing this AMA, just a quick question. If my state has medicinal cannabis, and I have a prescription but the company I work for is not cannabis friendly. If they try to fire me for taking my prescription as directed, never on company time. Do I have a leg to stand on, or do they have the right to fire me?

Neil: This is very state dependent now. Generally, yes, you can be fired as cannabis is illegal under federal law. However, some states have passed laws preventing this time of employment termination.

For context, I live in Pennsylvania.

My wife has her medical card, and buys everything she gets through a licensed dispensary.
Part of me is still worried about cohabitation with her owning marijuana, though I feel like my fears are unwarranted.

I have this fear that cops are going to get a warrant, she's not going to be home, and now I'm in a house with marijuana and I don't have a medical card. I like to think it'd be as simple as explaining "this belongs to my wife, she has a medical card, I never touch it"

Am I being overly fearful? Am I in any legal risk as long as, like I said, I never touch it?

Krishna: Because she is a legal occupant of the home, she is allowed to possess legally obtained cannabis in her home whether she is there or not. The problem that can arise in PA, is that law enforcement does not have access to medical card holder information. I suggest leaving a copy of her card with any cannabis products stored in the house.

Thank you for that advice, I'll be sure to pass it on to her!

Alan: I think some states have limits on the amount a card holder can have in their possession at any time. If PA has a limit and she is exceeding that limit, your risk goes up significantly.

What do you think should be the most legally reprehensible topping on a burger, and what should be legally required?

Justin here: I have opinions. Most reprehensible topping on a burger are those little sticks with the plastic frills on them. Second most reprehensible: half cooked bacon.

Brittany (legal assistant): When they use a toothpick to stab a pickle spear onto the top of the bun. That's a moral failing, and you can't change my mind. All you're doing it making your top bun soggy. Just put pickle slices inside like a normal person, please.

Neil: I think a more important question is: is a hotdog a sandwich?

Hot dogs are technically tacos: https://cuberule.com

Mind blown

Nicole here: While this is not a topping, it should be legally required that every burger has the correct bun to burger ratio.

Neil: Sardines.

How widespread is "lab shopping" (finding a lab that will inflate your THC/CBD numbers)?

And do states have provisions in place which require labs to be independent? If I were a shady cannabis cultivator who got big, the first thing I'd do is buy a lab myself to do all of my testing for me.

Neil: It's more widespread than most people think. And even if it wasn't nefarious, there are lots of ways to move the numbers, at least with flower.

How does one get involved in the industry? As an attorney in NYC, I’ve always wondered how I could help with the terrible rollout here.

Neil: Man, NY really screwed the pooch on this one. So did so many other states. Attend the next big conference coming up next week: MJ Unpacked. We had a booth on the show floor last year and it was a worthwhile event.

There have been shops here in Upstate NY, (specifically, in the Rochester area), openly selling flower, edibles, carts, tinctures, etc... And for almost a year now. I know for fact that only a few businesses have been granted licenses to do so...And only in and around NYC. How are they getting away with this? Why is local law enforcement doing anything to shut these places down?

Krishna: It appears that NY is not prioritizing enforcement of existing cannabis laws. Additionally, many future applicants are going forward without licensing in order to capture market share.

Justin here: That was actually partially the path in Washington as well. Once the legal market was established and up and running, enforcement against unlicensed entities began in earnest.

Whats the worst crime you’ve had to defend a cannabis for?

Drought

Is there a legal avenue for states that have legalized cannabis to let people take it from one state where it is legal to another? Or is that a quirk that only Congress or the federal government can resolve?

To be specific, I’m referring to states with legal marijuana that share borders with one another.

Neil: Interstate transport is still regulated by the federal government. There might be loophole if you launch the cannabis in a rocket into space then come into the neighboring state from orbit, but we'll need a Space Lawyer AMA to answer that.

When it comes to intellectual property, what's your take on dispensaries putting out products that rip off various famous trademarks?

We have seen this plenty. It makes your brand a target, and being a target of a ubiquitous brand is not a good thing. It unnecessarily eats up your revenue by paying litigators.

Be original. It costs less, and it feels better to build something.

Neil: It's stupid for so many reasons, including legal issues such as Trademark Dilution as well as bad marketing in terms of creating and developing a distinctive brand.

Conservatives, being a group whose only God is money, should be leading the charge for full legalization - what's their frickin' problem?

Neil: The internet is not large enough to contain the list.

I worked with Mia when I worked as an IT Manager in a family owned dispensary chain in Oregon. Surprised to see you all on here but really cool, Mia was very nice to work with, very helpful in navigating the OLCC landscape especially when the rules aren't clearly defined.

I know in the beginning of the legalization it was mainly small shops that were getting OLCC licences, but as things have expanded into statewide and multi state chains, has Gleam Law noticed a trend of family owned businesses being unable to compete/leaving the market, or are your smaller shops still thriving?

Mia: Thanks for the shoutout! To answer your question, yes, absolutely. Plenty of small businesses are still surviving, and some are thriving, but most have failed or are barely hanging on. It breaks my heart, especially because we did not expect this downturn to last so long, so a lot of clients took aggressive hard money loans that they thought they would be able to pay back timely based on assumptions and expectations about the market that did not come to fruition.

Thanks for doing this. We all know that it's called the bionic, the bomb, the puff, the blow, the black, the herb, the sensie, the cronic, the sweet Mary Jane, the shit, Ganja, split, reefa, the bad, the buddha, the home-grown, the ill, the maui-maui, the method, pot, lethal turbo, tie, shake, skunk, stress, whacky, weed, glaze, the bomb, dimebag, Scooby Doo, bob, bogey, backyard boogie. But what is the other terms for it?

Neil: Back in my early days in Ohio, we called brick weed: Mexican Brown Frown. You had to smoke so much of it so fast to get the high before the onset of the headache.

How likely is federal legalization happening anytime soon? what is the current biggest legal roadblock for upcoming marijuana related businesses?

Neil: My crystal ball is in the shop today, so I cannot tell you when. The main issue for current cannabis businesses is the access to capital and banking. Many states have credit unions with cannabis banking programs that allow deposits, but the lack of readily available capital and access to credit cards create major hurdles. We have been lobbying for SAFE Banking Act for years, but it just hasn't passed yet.

You guys remember Rob Corry? That was my weed lawyer, until he went crazy on cocaine, kidnapped an Uber driver during a paranoid break, and then got arrested again like a month later after he pulled a katana on somebody.

Is cocaine as common as people think in the law profession?

It's never good when your lawyer is in the cell next to you.

Unfortunately, alcohol and drug abuse is a very common issue in the legal industry. The long hours and the stress are a natural breeding ground for serious issues.

Read the title as "we are cannibal attorneys" 😅 With that though, do you think you missed out going the route of cannabis and not cannibalism?

Why do you presume they are mutually exclusive?

This is more copyright than cannabis law, but how do the cannabis brands that use parody marketing and branding of existing cartoon characters etc... fend off major litigation?

Also what is the weirdest legal dispute you've come across (e.g. party claims they were high when signing multi-million dollar business agreement, therefore invalidating it)?

Neil: The proper area of law here is trademark law. Copyright protects creative works where trademarks protect brands. It's easy to remember: trademarks protect a mark used in trade. Parody in trademark law is far more narrow than copyright parody as commercial speech is afforded far less protections. And parody in trademarks is rather confusing, but one major area that is universal is parody is rarely found in trademark law when related to vice.

Weirdest? I swear every case we deal with seems like the most mind boggling new issue. As attorneys, we are having the most fun, intellectually speaking, of any lawyers practicing.

What can be done about Illinois's monopoly on the marijuana industry? When Governor Pritzker and his family have their hands all over the industry in Illinois, then the prices don't change and the customers are screwed.

Are you affiliated with Pritzker?

Definitely not affiliated.

Many states have limited licenses resulting in effectively a government oligopoly. It's rather unfortunate.

Are employees of a federal agency allowed to smoke weed if they live in a state where it is recreationally legal?

I can answer this, sorta. Obligatory IANAL.

Memers of the military are federal employees, and are absolutely not allowed to use cannabis products, even if living in off-base housing in a weed-legal state. If you fail a drug test in the service, you're in deep shit, full stop.

Justin here: The federal landscape is changing slowly. Its important to note that with some products (i.e. - CBD), you may not necessarily know what you are getting, and could still flag positive. In addition, depending on the testing methodology, even proper hemp and CBD products (well, as proper as they can be as ingestion is still not permitted under FDA rules) can flag on some tests.

You get arrested and you’re high. You were smoking before or during driving but not at the time of the arrest. The officer says “the car smells like weed. Did you smoke? “ what do you do?

Google "Shut the Fuck Up Friday" and call a good criminal lawyer.

I'm a second year law student who's extremely interested in cannabis law and drug policy reform, but I've struggled to find learning and career opportunities outside of a criminal context. How did you find your way to this field, and do you have any tips for someone looking to do the same?

Nicole here: I am currently a 3L at Seattle U. I got this job through Seattle U's OCI program. I actually went to law school with the intention of doing immigration law, but I am extremely happy where I have ended up. It is a pretty small market so finding law that is adjacent that can incorporate cannabis law is the easiest route-- like trademark law!

What state are you in?

Pennsylvania, but born and raised in Seattle and plan to move back after I graduate

The West Coast's cannabis market is in turmoil. There's not a ton of successful businesses at this time. That being said, depending upon your practice area, there is probably some room for cannabis work, but it is unlikely to comprise your whole day, every day.

What's the legality of getting a gun license when you have a medical card? Would you be denied a license?

Krishna: I am not familiar with all states' rules and regulations regarding gun ownership with respect to medical marijuana card holders. However I would direct you to the following from the PA State Police website:

Per the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), the possession of medical marijuana remains a violation of federal law, and possession of a valid Medical Marijuana Card and/or the use of medical marijuana makes you an “unlawful user of or addicted to any controlled substance” who is prohibited by federal law from the purchase or acquisition, possession, or control of a firearm pursuant to 18 U.S.C. § 922(g)(3), and 27 C.F.R. § 478.32(a)(3).
The BATFE’s position is set forth in its September 21, 2011, Open Letter to all Federal Firearms Licensees, which states in part that “[t]herefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing }rearms or ammunition.” Click here for a copy of the Open Letter. (https://www.atf.gov/}le/60211/download) Likewise, the mere possession of a Medical Marijuana Card will give rise to an inference that you are an “unlawful user of or addicted to” a controlled substance, pursuant to 27 C.F.R. § 478.11.

Hi

Im from Ireland where cannabis is still criminal offence.. However one day soon hopefully it will be regulated.

How you you advise me to prepare for getting into the industry here..?

TiA

Every jurisdiction's laws allow for different opportunities. Until we have the draft laws, it is difficult to predict which part of the industry makes sense.

When people buy recreational cannabis from a dispensary in a state that allows for it, are they added to some kind of registry that would preclude them from owning firearms or working for a three letter agency in the future?

It depends on the state, but most states do not keep deep records of their customers.

Love the responses and this opportunity to ask questions!

With the decriminalization of magic mushrooms in multiple states, do you see any parallels or trends that can be extrapolated from the path cannabis has taken?

Neil: There are certainly parallels. However, unlike cannabis, the production of psilocybin takes so little space and labor that there will not be an industry behind it. There will probably be a medical industry and a brick and mortar industry for microdosing and stacks. This is more of a major cultural shift than it is an money-making industry. Because of this, we are very involved for the societal benefits, but we do not anticipate a major uptick in business as a result.

Can your landlord forbid cannabis use in a legal state? Even if you smoke outside in your own patio?

Due to federal law, they can, unless the relevant state has passed laws to rectify the situation.

Do you think the legal protections in place for medical patients facing pushback from their employers are sufficient enough to hold weight? Would you trust the protections in place if you were considering smoking or would you advise against smoking until the protections become more substantial?

Neil: If state law prevents employment termination for legal use of cannabis, then the protections should stand up in state court irrespective of where the employer's home office is based. But that is dependent upon employment law of that state and not just regulated medical marijuana laws.

Who smokes the most at your firm, and why is it Nicole?

Nicole: You can't out me like this! :)

Brittany (legal assistant): She just got that dog in her

Where cannabis is legal in USA, how strict is legislation surrounding it? If it becomes legal in all of USA in the future, how strict do you see its legislation being in terms of pricing regulation, who can sell it, etc.?

Neil: I think it will go along the lines of alcohol where there will be overarching federal laws and each state will be able to regulated it how they deem fit. For example, some states have state-run liquor stores and some are effectively free-for-alls. Some have limitations on beer alcohol percentages like Utah. Some have limitations on the number of bars in a jurisdiction.

I'm in section 8 housing in MN. I'm currently in the medicinal cannabis program so I have protection from being evicted for vaping thc. Will this change when recreational cannabis is legal?

Justin here: You are actually not protected under Section 8 housing, as it is federally funded and prohibits any marijuana use, even medical. Here is a great article on the problem by my friend and colleague, Andrea Steel (as well as Lila Greiner). It is very much an equity issue.

Do you think smoking cannabis should eventually be stigmatized like smoking tobacco?

It already feels stigmatized. But it is different than tobacco products as there are proven medical benefits. And most people don't chain smoke cannabis. Although we all know that one guy...

What is your day to day like? I'm thinking more what kind of jobs do you get?

Justin here: That is going to vary attorney to attorney and day to day. As a litigator, my day is generally spend writing briefs, answering or making phone calls, culling information, talking to expert witnesses, drafting and responding to emails, and generally looking at a computer screen 8-10 hours a day.

Does this differ in any way from any other litigator? Nope.

I think what does differ is that sometimes the knowledge we use in our cases can get into the esoterica of rules that only apply in our industry, both the written regulations and the regulations in practice. It also means, to effectively do my job, I have to have a very boots on the ground knowledge regarding my client's business, in order to tell their story effectively. However, this is true of any attorney litigating on behalf of any client in any industry.

It depends on the lawyer at this firm the same as at any law firm. Basically, it is just a law job, but the topics of conversation are more interesting. There is a lot of politics and policy involved as well, unlike most other areas of law I am aware of. We are constantly working on bills and with lobbying groups. The evening and weekend events are far cooler than most other areas of law, as many of the people in the cannabis industry are really interesting.

Mia: I do transactional work, so M&A, licensing, compliance, contract drafting, outside GC type services, etc.

Nicole here: I am in law school so I do a lot of research projects for the team so I am learning new things every day. I mainly work on the transactional side with a focus in trademarks. So I do the clearance searches, work on office actions, help with filing etc. Gleam Law always keeps me on my toes!

I live in a state where weed is legal.

I work for a city that requires I have a Class A CDL. The City does randoms; 1 month suspension, 5yr probation.

I rarely drive a commercial vehicle.

In the winter, we are expected to drive 16hr days until the snow plow operation is over.

Can the City penalize us for smoking weed off the clock even though it appears this is the only DOT regulation they follow?

If the federal license is required, you need to abide by the federal rules. In this case, it sounds like you should not have cannabis in your system. Or probably any other illicit substances. I don't believe they test for sniffing glue, but I am not complete sure.

What requirements do I need to meet in order to make some of my restaurant's food and drinks into edibles for events and caterings?

This is very state dependent.

When will medical be able to be used to counter a companies zero tolerance policy? How does the ADA not take precedence?

The ADA is a federal law, and cannabis is illegal under federal law. Until then, states will have to decide based on their own medical cannabis programs and laws. The best remedy is political involvement.

Have you handled any cases of termination involving a positive test but your client was using legal Delta 8 or CBD?

We do not handle employee-side cases here. The law is too complex unless we add a full-time employment attorney. We do handle employer-side cases, but no cannabis company is going to fire someone for a failed drug test. I could imagine they would fire someone for a passed drug test, but we'd recommend against it.

edit: fixed misspelling

Do you have any insight on any protections a medical license might offer to someone who drives for a living?

Specifically, in MO if a driver with a CDL is chosen for a random test... does the medical card offer any protection or because it's still federally illegal could that person still lose their job? (Also noted that I understand an individual should never drive while under the influence... but since cannabis can show on a test for days/weeks after use, even use during non-working hours will show up.) I'm curious if having a medical card could prevent job loss in that scenario.

At this time, we do not believe there are any protections. Eventually, probably after federal legalization, they will test for active cannabis in the bloodstream which would permit off-hours use. But that is not coming anytime soon. Although Biden should do it right before the presidential election, it is doubtful he will.

Alan: I started the first cannabis banking program in Oregon in 2014. At the time most businesses were ma and pa businesses. As the industry matured ma and pa sold to larger entities. I think the driver was the complexity of running a canna business. The regulatory burdens, become too complex for a typical ma and pa business. At the credit union, it made our job way easier when there was a CFO and a compliance officer that understood the regulatory requirements.

What happened to Gleam toothpaste?

That's Gleem. And I remember it!

You said „serve client’s around the world“. So i hope you don’t mind if i ask what are your thoughts about the hopefully upcoming legislation in germany?

Neil: I happened to be in German last week. It's happening! Technically, I ended up on a car pilgrimage which resulting in a visit to the Porsche Museum, the Mercedes Museum, the Nurburgring, and oddly enough, the Swine Museum in Stuttgart. But I also met with cannabis stakeholders while I was there. Everybody is very excited.

How can I get a cannabis use waiver for military enlistment?

You likely cannot.

I took a drug test once. My urine had 1086 ng per ml. Whats the highest you’ve seen?

We've seen into space. That's pretty high.

Does your firm do any lobbying; if so what sorts of legislation do you support?

Neil: We don't technically lobby, but we are very politically active and I was testifying on laws last week. I am also a board member at the Cannabis Alliance. I have also been in DC meeting with congress on the SAFE Banking Act.

Alan: I started the first cannabis banking program in Oregon in 2014. At the time most businesses were ma and pa businesses. As the industry matured ma and pa sold to larger entities. I think the driver was the complexity of running a canna business. The regulatory burdens, become too complex for a typical ma and pa business. At the credit union, it made our job way easier when there was a CFO and a compliance officer that understood the regulatory requirements.

So how does a lawyer work with a violation of multiple Federal laws?

Generally from an 8X10 cell?

Hey all, I’m from a state that has made little to no progress on any form of recreational legalization.

But - over the last few months/years we are seeing more and more CBD/Delta# dispensaries, dab bars, etc pop up all over the place.

Are these signs of businesses trying to “get in early” in the area based on an expectation of an eventual legislative change?

Ty for ama have a nice day

Alan: I think it’s a sign that you need to move to a better state! Hemp is federally legal per the 2018 Farm Bill so it’s not surprising that you are seeing hemp related businesses.

Mia, how did La Mota get away with what they did. Why are they being allowed to still continue what they’re doing?

What is the OLCC and industry advocates doing for the extreme issues of non-payment, especially by asset and cash rich chains?

Mia: I do not know what the OLCC knew or did not know about La Mota's tax debt. Of course, the liens were public information, so they should have known. Why they did not act, I do not know and I am very hesitant to theorize publicly.

If you are asking about non-payment to vendors, then the OLCC has never, to my knowledge, waded into that and I would be shocked if they did, nor can I think of a mechanism for it in the rules. If you are asking about non-payment of taxes, then I would expect that the La Mota stories will light a fire under the agency. The advocacy groups are also limited in what they can do about non-payment to vendors. It is a horrible problem that has killed a number of my clients, and of course we need to differentiate between businesses that do not pay because they got in over their heads and can't, as opposed to businesses that simply don't.

What's your favourite juice?

Gin and

Brittany (legal assistant): Green milk tea.

JK, pomegranate

Mia: I like a good veggie juice, but I'm a crunchy health nut. Also I brew a mean kombucha/jun blend. It's not juice, but it has fruit, so I'm counting it.

Nerd!

Is there any push to get random drug tests outlawed? I'd like to see that done. What is in my body is my business and not my employers.

It is very much political and varies state to state. Just yesterday, Washington State lawmakers finalized reconciliation amendments to Senate Bill 5318, which prohibits discriminating against a person in hiring based on cannabis use away from work, or based solely on non-psychoactive cannabis metabolites in the person's hair, blood, urine, or other bodily fluids (i.e. - the metabolites that only show prior use). The bill still provides exceptions (federal, law enforcement, intoxication at work, etc). If you want to see change, get involved.

A link to the final passed bill (not yet signed) may be found here.

How are you reaching billable requirements during this AMA?

Badly.

Simple, we abolished them because we don't believe in senior partners getting rich by sending their employees into an anxiety induced frenzy to reach 2000 billable hours per year. We'd rather people be productive, happy.

Should "Medical" dispensaries be using street slang and celebrating 4/20 or does that make them look unprofessional?

Alaskan Thunder Fuck isn’t medicine!??

In you opinions, what is the current state of the cannabis market here in OR and in the larger PNW?

Mia: Bad. But it does seem like things are starting to firm up. Canna business brokers I work with are seeing listings move much faster, prices slowly tick up, and inventory drop. Clients are still struggling, but seeing a glimmer of light at the end of the tunnel. Fingers crossed it's not a train.

In your professional opinion which is the “highest” court?

Any court that disagrees with us.

How did a Michigan cannabis company get the trademark to Kelly Kapowski of saved by the Bell?

https://trademarks.justia.com/907/31/kelly-90731121.html

Neil: Currently, it's just an application, not a registration. But if it does make it through examination, it is not implicated federal law, being targeted at apparel and at hemp with a THC limit below the federal threshold of 0.3%

I am looking to start manufacturing Nano CBD/THC etc in Colorado. Do you guys have offices in Colorado?

Where can I get information on clean room requirements etc?

Any general suggestions on how to start a business here legally?

If I were to offer selling just CBD products shipped across the country, are there any special registrations I would need to do?

We do not currently offer services in Colorado, but we trust McAllister Garfield, who we have worked with in the past on various projects.

As a threshold matter, hemp extracts cannot be placed into food or supplements under FDA rules. What we have found is there are FDA enforcement priorities, largely based on making of claims, adherence to accurate testing, accurate labeling, etc. Nano-encapsulation technically means it is meant for absorption into the human body, which the FDA treats as an adulterated drug. That said, CBD and Hemp extract products are available in traditional retail stores in most states.

Requirements for manufacturing will vary by State, as some state's adopt the FDA interpretation and thus do not permit Department of Health (or analog) permits for manufacture. Some state's specifically allow in defiance of the FDA rules (similar to marijuana) and will permit the manufacturing facilities.

Start familiarizing yourself with food and supplement regulations for manufacturing in Colorado, which is a good place to start, then reach out to an attorney when you are ready to learn the nuances and get rolling.

Do you smoke marijuana?

Marijuana is a law enforcement term, like narcotics. Cannabis is the scientific or medical term, similar to opioids.

I try to avoid law enforcement terms as a matter of general principle.

Justin here. Time for some education on the topic. Cannabis refers BOTH to Cannabis sativa-L, the scientific plant that forms the basis for both marijuana and hemp, as well as the legal definition in many states for Cannabis sativa-L with a THC concentration of greater than or equal to .3% on a dry weight basis (i.e. - the federal legal point at which it stops being hemp). Hemp, then, is anything less than that. Some states refer to it as marijuana. However, that term is rooted in historic racism due to xenophobia arising from Mexican immigrants fleeing the Mexican revolution of 1920. The term was popularized through xenophobia and the pushing of the term by paper magnate William Randolph Hearst, who hated hemp because it would devalue the trees he used to make paper for his massive news empire, and by Harry Jacob Anslinger, who needed something for his federal agents to do after the repeal of prohibition. This led to the Marijuana Tax Act of 1937. The rest (and the stuff I typed before, if you're getting pedantic) is history.

Alan: I work with a lot of hemp, which is also cannabis, so marijuana is a useful term to distinguish between THC levels.

Brittany (legal assistant): I don't smoke. Never had a good experience (granted I was in Texas at the time, so who knows how good the cannabis actually was.) It is interesting coming from Texas were smoking cannabis was seen as almost a personality trait/culture, to Washington where it's legal but it's just something you. Haven't seen a single person wear cannabis leaf socks they got from Spencers in Seattle.

No. It's called cannabis.

Speaking of, here's a head scratcher: when someone applies for a job at Gleam Law and misspells cannabis, do they expect a response? It's happened on more than one occasion.

Mia:

How are you helping the little guy? Most firms like yours work for MSOs. The OLCC is a joke, and corrupt, and the regulations are mostly unnecessary. The laws and the regulatory agencies turn a blind eye to the big guys (cough La Mota cough) breaking laws while punishing craft cannabis for stupid reasons like formatting errors on labels. What have you really done for small Oregon Cannabis producers? You say your an industry advocate and work to change laws, but the laws are absolutely stacked against us little guys… what’s up with that?

Mia: My client base ranges from small mom and pops to large private chains and public companies, but definitely leans a lot more heavily towards small businesses. CIAO and its predecessor organization passed two license moratorium/cap bills and is working on a third. Also, batch tagging coming 1/1/24 and a number of other steps towards deregulation. Change takes time, especially when many legislators and their constituents still fear marijuana. I strongly recommend that you join CIAO/ORCA and make sure your voice is heard. And, yes, the La Mota stories have been problematic for many reasons, one being that they stalled out this session's cannabis legislation.

Assumption on your part. Most firms like ours actually work for people that have solely one or two licenses. We of course do have clients that are MSOs, but that is a small percentage of the business. Most MSOs either have in house counsel, utilize traditional big-law, or have their operations dialed in to a point that they do not need much legal work over time.

I cannot tell you how happy I am to see this AMA. I was literally thinking of the first steps to find and contact you guys.

Question 1.

Hypothetically, I live in Texas. I've never been interested in cannabis products at all.Hypothetically, My partner had two deep root cavities in need of root canals, and we used this legal hemp product https://www.deltaextrax.com/product/scary-cherry-blackcraft-extrax-resin-gummies-4000mg/And it worked as an affective solution to the pain for MONTHS while we waited for dental work.Now, Hypothetically I was completely blown away by it's numbing effects, and experienced these numbing effects first hand. (Though in this hypothetical it was a super bad trip and I absolutely hated the experience, other than noting it's powerful numbing)Let's say that if all that happened, and I wanted to share the pain numbing effects of this legal hemp product by opening a smoke shop, what is the legality of that in Texas?I have a lot of friends who are veterans who suffer from chronic pain, and seeing my partner (in this hypothetical situation) completely alleviated of such IMMENSE, CONSTANT PAIN was so eye opening to me.I want to share that to others in need. It has become my new purpose in life.

What are the first steps toward opening a smoke shop to stock products like this in Texas?

And as a follow up.If I were to start a business like this in Texas, and partake in federally legal compliant hemp products like the one linked above, Would my right to keep and bear firearms be in danger?As a Texan, it's about as important to me as my ability to draw breath that I have muh guns.

Thank you so much for your time and expertise.

Justin: Texas is...Texas. When Texas launched its industrial hemp program, they did so with zero funding for the person to write the regulations, and there was literally a fundraiser during that year's Texas Hemp Convention (THC, soooo original). We don't operate in Texas, but Chelsea Spencer is amazing in this area and has been the go-to attorney for pushing hemp and CBD forward in Texas.

Alan: First of all, I question if that is legal hemp! I took a look at the product, and did not see a COA, but they advertise that it contained a bunch of THC cannabinoids. In Oregon that would be illegal to sell without a recreational marijuana license. You may be able to find a lawyer on-line that will argue that because it’s not delta-9 THC it’s legal hemp, but I don’t think your local Texas Sheriff cares what the internets opinion is.

This is a serious question:

My father served in the navy during Vietnam. When he returned home he got pulled over and his friend had a joint in the car. My father wound up getting a dishonorable discharge because of this and has been denied any form VA benefits. Now that these laws are being relaxed is there anything he can do about this now? Sorry if the details are a bit vague, he doesn't like talking about this so it's hard to get a full story. He lives in NJ but he got popped with the weed in Florida, if that matters at all.

We asked one of our previous attorneys who is a 20 year air force pilot, so we will follow up whenever he answers. But my guess is there is nothing that can be done now. The US military runs on its own rules.

Oh wow, well thanks for responding. I've been trying to figure out a way to help him with this for years. If you hear anything else I would seriously appreciate it.

He's on vacation in Europe, but responded with this link. If I receive more information, I will post it here.

What do I have to do to remove someone from the deed to my home? My mom she is getting older and would like her name off. Please help

Is it a cannabis farm? Because otherwise, you might need to ask a different attorney.

Why cannabis? Why not immigration, civil, or reproductive rights?

Each of us has our own story on how we ended up here. But we're all very happy we did. It's is very intellectually stimulating.

Respect.

Mia: I started specializing in the industry when my husband started a small farm in Oregon. I found the work for his highly-regulated, federally illegal business much more interesting than the work I had been doing. I still love the industry and I love specializing in it. I fantasize about shifting to environmental justice work one day, though, not because I think I would like it more, but because I have kids who need a habitable planet.

Nicole here: I currently in law school and I actually originally wanted to do immigration. I realized that I am too sensitive for immigration and family law. Sometimes you end up in places you never thought you would be (this could apply to a lot of things), but I am extremely happy to be here. Besides, I cry less on the job, so there is that.

Why is Shakespeare wrong about lawyers in Henry IV?

He seems pretty spot on about them being parasitic to actually useful members of society

Depends on the lawyer. The culture in law is, in many places, broken. There is little collaboration, as well as unnecessary adversarial and vitriolic conduct. I think we are more worried about parasitic CEOs, as they're the ones paying the other parasites.

Did you know that these kinds of mega firms are the reason being a lawyer is no longer a profession? That despite your "cool guy" cred helping the kids smoke the ganja, you're doing a great disservice to everyone?

Man, I didn't even see us make the list. When did we add 283 attorneys?

Also, we're a Mac firm, but I'm sure your home-build set up is TOTALLY not leaking onto your grandma's floor and ruining her "nice" carpet.