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Monday, April 1, 2019

Spotlight Article - Denk Farms - April 2019



Denk Farms is one of Michigan’s premier Cannabis cultivators and suppliers with a dedication to quality for over a decade. Passionate about all things Cannabis, with a background in chemistry and biology, they continually strive to bring you the best flower, edibles, concentrates and more. Fully licensed and MMA compliant, they are also looking to expand into recreational licensing once it is implemented by the state.

Probably most well known for their concentrates, especially their vape cartridges, with top selling strains such as Lemon Berry, Sunset Sherbert, Green Crack and Strawnanna just to name a few. Every batch of their premium oil is backed by lab testing, with most products generally testing into the mid to high eighty percentile range. Their oils are made utilizing a wiped film molecular still, using no PGVG oil, and 7% terpenes, culminating into a premium, high quality product. 



How would you like to win 10 free cartridges! DenkFarms.com is currently under construction, and they need YOUR help choosing a new slogan! The rules are simple, visit them on Instagram, give them a follow, post a picture of the cover image of April’s MM Report magazine, and share your ideas with the hashtags #DenkFarms #MMReport. Submit your entries by April 30th, winner will be announced on Friday May 3rd! 


Michigan News - April 2019


Gov. Gretchen Whitmer abolishes the medical marijuana licensing board 

The Governor's decision comes in response to the board’s previous struggle to execute
decisions in a timely manner, which resulted in the closure of over 70 provisioning centers across the state this past January. As a result of these closures, thousands of Patients statewide suffered with limited access to their medication. "This executive order will eliminate inefficiencies that have made it difficult to meet the needs of Michigan’s medical marijuana patients,” Whitmer said. 

Shelly Edgerton, the former director of LARA approved of the Governor's decision and said "The volunteer board took on a monumental lift to get this program going, but in the short time frame the program has been running, we have not seen the expected volume of licensees entering the market,” she said. “With this executive order, the licensing process will be more efficient and allow more applicants into the space."

The licensing board was created in response to the laws passed by Legislature in 2016 in order to regulate and tax the medical marijuana market, and is comprised of volunteers. The board has been under heavy scrutiny since 2018 due to inconsistent decisions, and not executing licenses in a timely enough fashion. There are currently only 105 licensed facilities, including 31 growers, 11 processors, 54 dispensaries, 4 testing labs and 5 transporters, whom have paid their state regulatory assessments, have actually been awarded licenses, and are currently operating.

Before issuing the executive order, Whitmer reached out to the leadership in both the house as well as the senate to ensure that the state legislature was not going to attempt to veto the order. The board will be abolished effective April 30th, and a new umbrella entity will be created in its place, the Marijuana Regulatory Agency. This agency will oversee both the medical marijuana market, as well as the recreational market. 


New marijuana proposal may change the game

The Governor isn’t the only one taking action against the inconsistency and slow pace of the marijuana board, a group of people from various cannabis related businesses have banned together to draft a new legislature proposal that they hope will completely change the game. The proposal will face a hard battle, as parts of it will require a supermajority vote, but if enacted could mean a total reform of cannabis regulation in Michigan. The groups that are involved in developing the bills are the Florida-based Minorities for Medical Marijuana; Cannas Capital, a Muskegon insurance and investment agency that specializes in cannabis businesses; Michigan Economic Stimulus Fund, a Kalamazoo-based cannabis consulting firm; the Lake Newaygo County chapter of the NAACP, and Banks & Company, which has a number of marijuana business clients. 

So what exactly does this new proposal entail? Well for starters, it would make the “gifting” of cannabis illegal, reimpose the 3% excise tax on medical marijuana that ended in March of this year, and would also require that anyone growing their own marijuana to register any heavy equipment that they use with their local community. Additionally, the proposal would also fundamentally change the caregiver program that has been in place since 2008, allow unlicensed dispensaries to remain open through the end of the year, and also allow for dispensaries to begin immediately selling cannabis recreationally. “We’re not trying to circumvent how recreational will operate,” said Eric Foster, a consultant with Banks & Company  “We’re just trying to accelerate the market and address some of the concerns from local government.”

The organizations do have one potential sponsor in the legislature, and are actively looking for others to join. State representative Ronnie Peterson, D-Ypsilanti, has also met with the group, but stated that there are other areas that need to be addressed as well that are not included in the initial plan. In reference to the fact that the cannabis industry is almost exclusively done in cash he stated “How do the communities benefit from these businesses beyond the taxes? And we still have no legislation dealing with banking and community reinvestment programs."


Work group for determining the recreational cannabis regulations is officially in place

Michigan lawmakers recently announced that they have chosen 57 individuals to help design the recreational cannabis regulations that were enacted in December 2018. The group was designed to address four regulatory topics, consisting of;


  • Licensees who are already licensed under the Medical Marihuana Facilities Licensing Act and are interested in entering the adult-use marijuana market.
  • Municipalities that are considering allowing licensed adult-use marijuana facilities in their community.
  • Attorneys who represent marijuana establishments who have an interest in the adult-use market.
  • Individuals or businesses interested in participating in the adult-use market as either a future licensee or a consumer of adult-use marijuana.


The newly announced group consists of 14 existing medical marijuana licensees interested in entering the adult-use market, 15 municipalities that are considering allowing licensed recreational facilities, 13 attorneys who represent marijuana establishments that have an interest in the rec cannabis market, and 15 individuals or businesses interested in participating as potential licensees or consumers. The state says that they received an overwhelming amount of interest in the group, and that they will keep all whom applied under consideration for future work groups. 



Former Detroit Lions Receiver is awarded licensing

Calvin Johnson, a former standout receiver with the Detroit Lions, and his wife Brittney were recently granted prequalification status, by a 4-0 vote by the medical marijuana licensing board. Michigan’s licensing board bestows prequalification status when an applicant has completed a background check but hasn’t been granted approval from the municipality in which they are hoping to do business. 

Johnson and his business partner, former Lions and Seattle guard Robert Sims, were denied licensing back in December for a grow operation and processing facility. The reasoning behind the board’s decision to deny licensing was due to previous unpaid traffic violations in Atlanta, GA that were from approximately 10 years ago. Johnson has since paid those fines, and as a result the board decided to approve the dispensary license. Both Johnson and Sims have decided to appeal the board’s decision from December, Johnson has partnered with his wife for the dispensary, which will operate operate as Michigan Community Collective.


LARA updates approved Medical conditions list

The list of qualifying medical conditions are ever changing, and as of recently, a new condition has officially been added to the list. Effective immediately, Cerebral Palsy has now been approved as a qualifying, debilitating medical condition for medical marijuana cardholders, by a unanimous vote. Unfortunately, however they denied the condition of Chronic Aggressive Behavior, which was also up for vote. The full list of qualifying conditions are now as follows; 

  • Acquired Immune Deficiency Syndrome
  • Agitation of Alzheimer's disease
  • Amyotrophic Lateral Sclerosis
  • Arthritis
  • Autism
  • Cancer
  • Cerebral Palsy 
  • Chronic Pain
  • Colitis
  • Crohn's Disease
  • Glaucoma
  • Hepatitis C
  • Inflammatory Bowel Disease
  • Nail Patella
  • Obsessive Compulsive Disorder
  • Parkinson’s Disease
  • Positive status for Human Immunodeficiency Virus
  • Post-Traumatic Stress Disorder
  • Rheumatoid Arthritis
  • Spinal Cord Injury
  • Tourette’s Syndrome
  • Ulcerative Colitis

A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

  • Cachexia or Wasting Syndrome
  • Severe and Chronic Pain
  • Severe Nausea
  • Seizures, including but not limited to those characteristic of epilepsy
  • Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis


National News - April 2019



Dogs Ingest Cannabis at a Dog Park 

Two dog owners say their pets became sick after walking off-leash at Mount Philo State Park in Charlotte, Vermont. One says her dog tested positive for THC, the psychoactive compound in marijuana, stating that her dog became wobbly and incontinent after they returned home. Blood and urine tests showed the presence of marijuana, which she believes the dog ingested while at the park. The owner placed signs around the park to warn other dog owners of the possible threat. Another dog owner also reported that her dog seemed sleepy and was having difficulty standing up after they returned from a walk with friends. She told the Burlington Free Press that the dog vomited and later improved. She says she learned her friends’ two dogs had similar symptoms. 



Banking Reform in the Cannabis Industry on the Horizon?

Thousands of cannabis businesses are popping up across the United States as more and more states begin to pass marijuana reforms for both medicinal and recreational use, however an important problem remains: banking access. Since cannabis remains illegal under federal law — and the federal government oversees all US banks and all credit unions — banks are often discouraged about granting bank accounts to Cannabis based businesses. The failure to find a policy solution at the federal level has created several economic challenges and costly unintended consequences. Congress needs to pass legislation that makes clear that banks can work with marijuana companies in states that have legalized it without fear of penalty or costly red tape as well as costly IRS audits.

Only one in about 30 banks or credit unions across the United States accepts a cannabis business as a customer. Those that do take on cannabis companies often charge them hefty monthly account and transaction fees, in part to help offset the extra costs they incur by doing so. While there is no law that says banks can or cannot do business with cannabis companies, banks are required to file reports to Uncle Sam detailing a customer's suspicious or illegal activities as they see fit, which can prove costly. 

Banks can be subject to large fines if it incorrectly reports on its transactions, or if a future bank regulator accuses it of not following the reporting guidance properly. The reporting can be extensive, often covering every single action a customer takes, as it is based on the premise that the illegal activity is happening underground and the money trail is necessary to find the criminals. One small credit union in Oregon that serves marijuana businesses filed 13,500 reports over the past two years for approximately 500 cannabis clients. The cost of these reports are passed on to the marijuana companies — often at a high premium — and then on to consumers. This can make it more difficult for sick patients to afford state-regulated medical marijuana products and can lead to higher arrest rates among people who can't afford to buy on the legal market and have to resort to getting their medicine elsewhere.



Denver Police Out in Full Force

With police out in full force this 4/20 weekend, a safe ride is 100 percent worth the cost. Two rideshare giants are taking the edge off by offering discounts for those celebrating/rallying for the cannabis cause in Denver and beyond. The promotions launch as the Colorado Department of Transportation amps up its efforts to keep stoned drivers off the road. The state agency’s recent survey called The Cannabis Conversation shows some alarming data. Out of 11,000 anonymous marijuana users and non-users:

• 70 percent say they have driven high within the last year
• 27 percent admit they drive high almost daily
• 10 percent of all users think it makes them a better driver
• 69 percent of all respondents know that if you drive high, you can get a DUI

Out of the non-users polled, 35 percent say they have been a passenger with a driver who is under the influence of marijuana.

Lyft is teaming up with 420 On the Block, CDOT, Super Troopers 2 and the Marijuana Industry Group to drive the message home to Denver: This 420, Don’t Smoke and Drive. For new and existing Lyft users, the ride share is offering: 

20% off of your next Denver ride, up to $4.20, until May 30, with the code 420DEN

20% off ride to 420 On the Block at the Fox Street Compound with promo code 420OTB18 (from 4/20 to 4/22, 3 p.m. to 11 p.m.) 

Colorado State Patrol troopers warn that they will be out in “full force to keep the roads safe” throughout the month of April. CSP says it has issued over 3,000 marijuana related driving citations since legalization in 2014, with each citation comes high fines, time in court and stiff penalties.



The Cannabis Industry Creating Jobs Across the U.S.

How many jobs are there in the legal cannabis industry? It’s a common question—and one the government refuses to answer, because cannabis remains federally illegal. Employment data agencies such as the Bureau of Labor Statistics ignore all jobs related to the industry. Which is as shame, because legal cannabis is proving to be the greatest job creation machine in America, they are missing one of the most dramatic job booms in recent history.
There are now more than 211,000 cannabis jobs across the United States. More than 64,000 of those jobs were added in 2018. That’s enough people to fill Chicago’s Soldier Field, with 3,000 more tailgating outside. The cannabis workforce increased 21% in 2017, it then gained another 44% in 2018, and at least another 20% growth in jobs in 2019 is projected. That would represent a 110% growth in cannabis jobs in just three years, which is helping the economy. Hemp alone could also be a thing in the very near future.



Canna-Degrees Sweeping the Nation 

As a green gold rush in legal marijuana, and its non-psychoactive cousin hemp, spreads across North America, a growing number of colleges are adding cannabis to the curriculum to prepare graduates for careers in various Cana based industries such as; cultivating, researching, analyzing and marketing. Research shows there are high times ahead for all kinds of careers in cannabis, ranging from greenhouse and dispensary operators to edible product developers, marketing specialists, quality assurance lab directors and pharmaceutical researchers. Arcview Market Research, which focuses on cannabis industry trends, projects the industry will support 467,000 jobs by 2022. And even in many states where recreational marijuana remains illegal, including New York, New Jersey and Connecticut, some colleges have launched cannabis studies programs in anticipation of legalization or to prepare students for jobs in other states.

World News - April 2019




2018 Cannabis Price Index Details Price Per Gram, Consumption

The 2018 Cannabis Price Index examines marijuana use, legality, and also cost, then calculates the potential taxes in 120 cities all over the globe. The study aims to “illustrate the continuous need for legislative reform on cannabis around the world, and to determine if there are any lessons to be learned from those cities at the forefront of marijuana legislation”.


Some interesting notes include:

  • Highest Price Per Gram: Tokyo, Japan at $32.66 
  • Lowest Price Per Gram: Quito, Ecuador at $1.34
  • Highest Annual Cannabis Consumption: New York, USA at 77.44 metric tons
  • Lowest Annual Cannabis Consumption: Singapore, Singapore at 0.02 metric tons

The studies ‘Top 10 Cities Who Could Generate the Most Potential Tax Revenue’ list includes New York, Los Angeles, Chicago, and Houston, with a collective potential revenue of $303.59 Million, New York alone with an estimated $156.4 million.


UK Opens First Medical Marijuana Doctors Office

The first ever medical marijuana doctors office in the UK opened in March. The clinic, located in Manchester, is the first of a planned chain of offices throughout the country. The list of potential cities includes London and Birmingham, where offices are expected to open this spring. The Manchester location, led by Dr. David McDowell, will focus on patients with chronic pain who currently have to rely on addictive opioids.
Under guidance issued last November, general practitioners in the UK are not allowed to prescribe marijuana, but patients can be referred to authorized specialists under the National Health System. Very few people have received prescriptions for cannabis since November, and most of whom have had no access to it. This new clinic, with its plans for expansion, hopes to play a major role in simplifying patient access, and provide a framework for securing cannabis treatment via the National Health System.


Canadians Bought CA$151.5 Million Worth of Legal Cannabis in 2.5 Months

On October 17, 2018 Canada became the first industrialized nation worldwide to legalize recreational marijuana. Mid March, Statistics Canada, an organization that tracks data on Canada’s economy, society, and environment, released sales data in a new category: “Cannabis stores.”  Considered ‘highly accurate’ due to the extreme level of regulation, the sales for each month were as follows:


  • October: CA$ 43.1 Million (US$ 32.7 Million)
  • November: CA$ 53.2 Million (US$ 40.4 Million)
  • December: CA$ 55.2 Million (US$ 41.9 Million)
  • Total Since Legalization: CA$ 151.5 Million (US$ 115 Million)


Extrapolating Decembers numbers, Canada is looking at an estimated CA$ 662.4 million (US$ 502.9 Million) in annual sales for 2019. While this number seems high, it is being reported as a “flop”, as speculators placed the sales closer to the billions. The reason for such low numbers?  Shortage of supply has stunted cannabis sales, with experts expecting it to take two to three year for growers to reach full production capacity. Also cited are a “lack of processing licenses” and “insufficient compliant packaging”.




Columbia Seeks to Become World’s Marijuana Supplier

On the outskirts of Medellin, where Pablo Escobar ran Marijuana in the 1970s, a new industry is budding. Cannabis plants are blooming in the emerald hills outside the city, this time with the governments blessing. A large number of up and coming Columbian cannabis corporations are looking to leverage the “made in columbia” brand in a new age of legalization.

While many nations are stepping up in an effort to meet global cannabis demands,  Colombian officials say the only logical place for the future of the industry is Columbia. It’s climate is well suited for the fragile plant, and the nation supplied most of the illicit marijuana consumed in the United States during the 70s and 80s, a crown it later lost to Mexico. Officials are determined to regain that title, legally, and many local farmers are on board. “This is our chance to be a part of a legal system,” said Ariel Huetio, a community organizer who represents indigenous farmers in western Columbia. “This is our chance to say no to the wrong people and yes to the right ones.”


German Police Call for Decriminalization of Cannabis

Andre Shulz, head of the BDK organization which represents German criminal police, recently stated that the group favors “complete decriminalization of cannabis consumers”.  Arguing that the current system stigmatizes people and allows criminal careers to start. He went on to say, “the prohibition of cannabis was, viewed historically, arbitrary” and is “neither intelligent nor expedient.” 


Greece Puts Plans to Legalize Medical Marijuana Cultivation on Fast-Track

Amidst increasing interest from investors, and citing years of economic crisis, Greece’s government is fast-tracking it’s plans to legalize the growth of medical cannabis. The mediterranean nation allowed the use of medical cannabis products last year but relies solely on imports until the legal framework for domestic growers is prepared. Government officials are hoping domestic production and processing attracts an estimated 1.5 billion euros from investors over three years. According to the draft legislation, growers will have to be 21 or over, have no drug-related convictions, and have at least one acre or more of available land.




Mexico Considers Marijuana Legalization as Traffickers Move to Harder Drugs

The days of marijuana flowing only one direction across the U.S. Mexico border are over thanks to changing laws. Drug enforcement agents regularly seize specialty strains of retail-quality cannabis grown in the United States and headed south bound for Mexico. In fact, wide spread legalization efforts in the U.S. are killing Mexico’s marijuana business, and the cartels have noticed.

According to Alejandro Hope, a security expert, “Avocados are a bigger industry than marijuana and the number of homicides connected to marijuana are very small.” The drug trade generates between $6 billion and $8 billion a year for Mexico, according to the RAND Drug Policy Research Center, which estimates 15 to 26 percent of that comes from marijuana.  Advocates say legalization would allow law enforcement to focus on more important work, and more dangerous substances.


Small Farms in Jamaica Encouraged to get Involved in Medicinal Cannabis Industry

 At a recent Jamaica Information Service Think Tank, JAMPRO Manager Don Gittens urged local farmers to contact relevant authorities in the medicinal cannabis industry for guidance.  “You might be small and uncertain of how you will come up with the fees or you don’t know how to get into the industry, JAMPRO will advise you on how to get this done.” According to Gittend, Jamaica’s medicinal cannabis industry is in its infancy, and this provides an opportunity for local financial institutions such as cooperatives and friendly societies to form relationships with local farmers.

“The industry is growing at a phenomenal rate, and we need to ensure that we are at the forefront, so collaborations with small farmers will be critical to being among the first to market.”, he notes.  Cultivation of medicinal cannabis was highlighted by Gittens as a key area that farmers and local establishments can seek to invest in. “Currently, 17 of the 29 issued licenses are in the category of cultivation, because it is critical to the growth of our local market, so that can be an area that small farmers take advantage of.”


John Sinclair - Free the Weed 97 - April 2019



The fight to legalize marijuana once and for all seems to have no visible end so far, even though Michigan voters have passed initiatives to legalize medicinal and now recreational marijuana at the ballot box.

Although marijuana is now completely legal in the State of Michigan, Michigan NORML and a group of citizens and non-government organizations led by this writer and including a physician, a pharmacist, a medical marijuana patient, and the Michigan Medical Marijuana Association have sued the Michigan Board of Pharmacy and its chairperson Nichole Cover seeking to declare the Board’s continued listing of marijuana as a controlled substance under state law null and void.

In the interests of accuracy I'm going to be quoting extensively in this column from the lawsuit itself and related filings. To wit: Under Michigan law, the Board of Pharmacy is charged with the duty to schedule, re-schedule, and de-schedule substances based upon their medical benefits, relative harm and potential for abuse.

Notwithstanding the passage of the Michigan Medical Marihuana Act and the Medical Marihuana Facilities Licensing Act, the Board continues to list marijuana as a Schedule I drug with no accepted medical benefits and high potential for abuse.

Thus, in spite of sweeping change, marijuana remains contraband in Michigan, subject to summary search and seizure

According to the lawsuit, in passing the Facilities Licensing Act the Legislature recognized the medical benefits of marijuana and displaced the listing of marijuana in the controlled substances act as Schedule I contraband. 

It also displaced the requirement that marijuana be prescribed by a physician, dispensed by a pharmacist, and handled by persons with a controlled substances license. 

Given the law’s requirement that “harmful drugs” may be dispensed only by prescription, marijuana can no longer be classified as a harmful, controlled substance.

Plaintiffs state that the absurdity of the continued inclusion of marijuana on Michigan’s list of controlled substances is demonstrated by the contradictory positions that Ms. Cover faces as chairperson of the Pharmacy Board. 

Ms. Cover also sits on the Medical Marihuana Licensing Board established by the legislature to address “the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities.”

Ms. Cover is also affiliated with Walgreens Pharmacy, whose position on marihuana is that it “has been used to relieve pain, digestive and psychological disorders for more than 3,000 years….”

Yet the Pharmacy Board continues to adhere to the proposition that marijuana “has high potential for abuse and has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.” 

In the opinion of the plaintiffs, this irreconcilable conflict renders void the continued listing of marijuana as a controlled substance under Michigan law.

To quote from our brief, "For Mr. Sinclair, this matter bookends a life dedicated to social justice. As a young man in the 1960s—more than fifty years ago—he advocated for marijuana reform and an end to the War in VietNam. 

"Then his poetry, music, and advocacy brought him into the crosshairs of law enforcement. He was arrested in 1967 and sentenced upon conviction in July 1969 to 9 ½-to-10-years in prison for possession of the two joints of marijuana he had given to an undercover policewoman named Lovelace at the Detroit Artists Workshop in December 1966.

Sinclair's arrest "followed a year-long undercover infiltration of his group of friends, family, and colleagues. His arrest galvanized opposition to the drastic and cruel marijuana laws in Michigan. Thousands rallied with musicians Stevie Wonder, Bob Seger, and John Lennon and Yoko Ono on December 10, 1971 at Crisler Arena in Ann Arbor to demand his release from Jackson Prison.

"Mr. Sinclair had already served 29 months in prison by the time he was released on bond (three days after the Ann Arbor rally) by the Michigan Supreme Court. Three months later, the Court overturned Sinclair’s conviction and ruled that the state’s marijuana law was unfair and unreasonable and that it was unconstitutional to classify marijuana with narcotics such as opium."

The plaintiffs are represented by attorneys Matthew Abel and Michael Komorn. On February 19, Assistant Attorneys General Michelle M. Brya, Joshua 0. Booth, and Erika N. Marzorati filed with Judge Colleen O'Brien in the Court Of Claims as defense counsel for the Michigan Board of Pharmacy and Nichole Cover.

These learned representatives of Michigan Attorney General Dana Nessel filed a motion for summary disposition, to which our lawyers filed a response and counter-motion for summary disposition ON MARCH 9 which included, among others, the following arguments:

I. Michigan has redefined Marihuana 
Marihuana is a legally defined term in which “Industrial hemp” is excluded. [HB 6331, March 28, 2019]. Marihuana is now defined as only those “parts of the [hemp] plant” with a delta 9 THC concentration of more than .3%.
Yet defendants continue to list cannabis as a Schedule 1 contraband, providing the justification for continued police raids.

II. Michigan has legalized marihuana for adult use 
“The purpose of this act [MCL 333.27952] is to make marihuana legal under state and local law for adults 21 years of age or older.... The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older; remove the commercial production and distribution of marihuana from the illicit market.”
Any use, production, or distribution of marihuana is only “illicit” because defendants here continue to list marihuana as a Schedule 1 controlled substance.

III. Schedule 2 is a red herring 
Marihuana remains Schedule 1 in the Public Health Code and the Pharmacy Board’s administrative rules promulgated thereunder. Consequently, Michigan law states that marihuana simultaneously “has currently accepted medical use in treatment in the U.S.” and does not. This is precisely the unharmonizable absurdity that renders marihuana’s inclusion on Schedule 1 repealed by implication. 
Marihuana cannot both have and not have accepted medical use. It cannot be both “authorized under this act” and not authorized by it. 

And therein lies the rub. The MMFLA and the MMRTA have irrevocably displaced marijuana’s listing as a controlled substance. Otherwise, every use, possession, and distribution of marihuana under those laws is a violation of the Controlled Substance Act.
Because marihuana has currently accepted medical use in treatment in the U.S., it cannot be Schedule 1. Because the legislature and voters have displaced the requirements that apply to controlled substances, marihuana must be removed from the controlled substances list altogether. Continued classifying marihuana with the harmful drugs is arbitrary, capricious, absurd, and in irrevocable conflict with controlling law. It must be de-scheduled.
It has been legislatively and judicially determined that marijuana is not a harmful drug and that to classify it with the opioids is unconstitutional. People v Sinclair, 387 Mich 91; 194 NW 2d 878 (1972). 

Defendants admit that as a Schedule 1 drug, marijuana is contraband. MCL 333.7525(1) provides: “A controlled substance listed in schedule 1 that is possessed, transferred, sold, or offered for sale in violation of this article is contraband and shall be seized and summarily forfeited to this state.” But marijuana cannot be Schedule 1. For the same reason, it cannot be Schedule 2. Moving marijuana to Schedule 2 does nothing to remove the constitutional infirmity of listing marijuana as a controlled substance. 

That's our case in a nutshell. Free The Weed!

—New Orleans,
March 22, 2019

(c) 2019 John Sinclair. All Rights Reserved.

Grow Tips - April 2019


In Michigan, an outdoor grow is only legal if done in a specific manner.  Collectively, judges have defined "locked and enclosed facility" through a number of case opinions.  Paraphrasing from disparate jurisdictions, the judges collectively require six planes (roof, four walls, and floor).  Must be accessable to those without a key only if tools are required to enter (the enclosure must not be susceptable to spontaneous, casual break-in).  It also must not, by itself, be "bait", making known that it is a grow.

Many outdoor growers do soil testing which can give great insight as to what to feed their plants.  Using peat based soil from the grow store to fill in is perfect.  They don't make the planting hole much bigger than a 15 gallon pot.  SkunkWerks is highly recommended to keep those plants healthy, vibrant, and at maximum production.  Because it is an ionic all-in-one product, the plant will only take up what it needs through the roots.  Advanced outdoor growers use three ounces of SkunkWerks All-In-One mixed with five gallons of water, one to two times per week, watering with straight water the rest of the time.  This is the cheapest way to go to produce west coast quality buds.

Plan on giving each plant plenty of space to grow.  Green houses are great, but they get crowded in.  Chain link fence is a favorite, allowing greatest air flow and flexible construction.

Herbert Huncke's America - Edited By Jerome Poynton Literary Executor - April 2019

SONG OF SELF
BY
HERBERT E. HUNCKE

My name; although I’m known generally as Huncke and by a few as Herbert and in the past as Herbie. It is seldom I’m referred to as Mr. Huncke, and when formal introduction is required it is usually—Herbert Huncke.

I mention all this concerning my name simply because recently I’ve grown to dislike my name—not because my name is Herbert Huncke but rather because I’ve reached a point where my name (any name I might have had) by its mere utterance creates an almost weary and loathsome feeling in me. When I say it to myself—and frequently I say it to myself—I am immediately aware of a sense of disgust as though the sounds I make are significant of not only me but of a new and strange disease and I am sure, for at least the instant, I am at last slipping into an insanity from which there is no escape. 



For several years I’ve been confident I will become insane, in fact I’ve felt thusly almost as far back as I am able to recall. 

Once, when I thought I would become a writer (I was quite young— fourteen at the time), I made periodic attempts to write poetry, and on this particular occasion I became aware fully of the sense of pending insanity. It was shortly after dawn and a huge a glistening sun was ascending a delicate blue sky. It was early summer and people were beginning to enjoy the bright colors of summer attire. I was living on Superior Street just east of North State Street in Chicago in an old wood-frame house that had been converted into what is called studio apartments. The house was well constructed and the rooms were large with high ceilings and windows reaching the full height of each room. 

I had spent the few hours just preceding daybreak bathed in moonlight, watching the sky thru one of my windows (there were two in this room—huge windows which could be flung up quite high, letting in all the outside sound and scent and air, on either side of a fireplace with a white mantel with two large brass candlesticks with tall green candles), allowing my thoughts to dwell as they would and pondering over my problems and the magnificence of a daybreak. 

I had sent my minute energy quota into the central urge aiding each 
rent in the block of darkness, tugging at each fold of light to make way for the one great power: the sun.

And now, as I descended the front steps to the street level—the sun was hurling and spiraling across a huge space of blue. 

To one side of the steps was a flower bed sparsely filled with yellow jonquils, and I glanced at them and then toward the sidewalk to observe several young women who were rapidly walking past and talking of their work and of something amusing, and when they had almost reached the corner they began laughing. Their costumes were charming and one wore something with large figures of poppy red which I liked. 

I was rather frightened and deeply impressed. I stood a long time thinking about it, becoming more convinced each instant, I was doomed. 

Several hours later when I had finished my breakfast and returned to my apartment, I tried putting into a poem all which I had felt and I was rather pleased with what I had written, although I can’t remember any of it and the actual writing is long misplaced—along with everything of myself at that time. 

It wasn’t long after I began traveling and ceased considering Chicago as my home. 



Editor’s Note:

Song of Self completes the 1920s cycle of Herbert Huncke’s America.  Never my favorite story, it has struck a cord with teachers and writers – reaching students with the simplicity of recalling their names – and what their name means to them.  

John Sampass, executor for the Jack Kerouac estate, thought Song of Self was Jack’s writing because a typed manuscript of the story was in Jack’s files.  Huncke didn’t type. He was eight years Jack’s senior. It was not uncommon at that time for writers to re-type writers they admired.  

Kerouac admired Huncke’s honesty and upon Herbert’s death, Kerouac’s estate offered to donate burial ground for Herbert in Lowell, Mass, next to Kerouac.

“Jack admired Huncke,” John Sampas told me.  “I know this from his writing.”

Jay Lauren's Weed, Blood, and Money - April 2019

Jay Lauren's




Cannabis has always been big business in America. In 1607, the year that the first English colonists made landfall on continental North America, Captain Gabriel Archer of the Jamestown colony reported hemp crops already in cultivation among the native Powhatan people of what would become eastern Virginia. Even more interesting, the local variety was better than the English stuff the colonists had brought along for the voyage. As early as 1619, the year before the arrival of the Mayflower at Plymouth Rock, legislators in Virginia passed the first law governing the use of Cannabis in what is now the United States. The act required colonists to continue to plant the inferior English cannabis, duly taxed and transported from England at great cost, in addition to the preferable buds already to be found growing wild and free in the land of opportunity.

Today, 400 years later, cannabis is everywhere, grown, used and passed through commerce in a vast web of personal and business transactions that spans the entirety of North America and beyond. 97.7% of Americans live in a jurisdiction where cannabis use is legal in some form or circumstance, and although it’s impossible to put a dollar value on the entire economic complex of cannabis use, legal and otherwise, most estimates value the national cannabis market at around $50 billion. In other words, a 9% tax on that market could have ended the 2018-2019 federal government shutdown and paid for the president’s beautiful border fence in one year, with a couple hundred million left over for walking-around money. Or I guess it could have filled a couple of potholes and bought some water filters here in Flint.

At this rate, legalization at the national level appears to be all but inevitable.You can consider the example of the same-sex marriage movement. When Massachusetts became the first state to recognize same-sex marriages in 2004, the first leak had sprung from a dam that most of us had always thought indestructible. To those opposed, the idea of legal same-sex marriage in all 50 states was still unimaginable, laughable even. But in 2008, another leak appeared. The next year, two more. The leak became a trickle, the trickle became a torrent, and in 2015 the dam burst. The supreme court ruling in Obergefell v. Hodges struck down the federal ban and dragged the last 15 holdout states into the 21st century to stay.

In 2014, Colorado and Washington became the first two states to legalize recreational Cannabis use. Six new states have joined them in the years since. Now, with the 2020 election looming on the horizon, many of our fine political figures have seized hold of the popular groundswell for legalization like a life preserver. Nearly every declared candidate for the Democratic nomination is endorsing legalization in one form or another, from the OGs like our dear sweet grandpa Bernie, to the bout it like Cory Booker, Kirsten Gillibrand and Elizabeth Warren, who each sponsored the Marijuana Justice Act of 2017, to opportunistic turncoat prosecutors like Kamala Harris and Amy Klobuchar, and even some guy named Pete Buttigieg. I’m pretty sure his name is Pete Buttigieg. On the other end of the spectrum, an incredible 100% of declared Republican candidates (2 out of 2) have spoken in favor of repealing or turning back restrictions on Cannabis use. Former Governor of Massachusetts Bill Weld advances a libertarian argument, while the great Orange King himself is said to have unhorsed his former attorney general Jeff Sessions and reined in that loathsome chipmunk’s destructive and quixotic private war on Cannabis.

And so, finally, through the vast and incomprehensible machinations of our government, lawmakers are once again facing the same question that the House of Burgesses did at Jamestown so long ago: everybody seems to love Cannabis, but how can we make some money on it? The first answer is that they already do. State governments and individual politicians make incredible profits opposing legalization and enforcing draconian, nonsensical drug laws. Big Pharma, alcohol, and tobacco executives continue to offer their greasy money to any politician gutless enough to hassle constituents interested in cheaper, safer alternatives to these industries’ products, the destructive effects of which are for the most part politely ignored. This process is called ‘lobbying’, which means bribery but legal. Not to be out-slimed, the private prison industry happily slides hundreds of thousands a year under the same table. State governments have raked in billions of Federal dollars to be spent on enforcement for the War on Drugs, at taxpayer cost as massive as it is absurd. Individual law enforcement agencies wet their beaks as well, receiving billions of dollars, cool tanks and military assault weapons. These resources are of course vital to their sacred mission to pull you over, “smell marijuana” and steal your car.

Up against a conspiracy so cruel and venal, there’s no need to wonder why Americans have been forced to legalize Cannabis by ballot measures, state by state (except for Vermont) in spite of overwhelming popular support for legalization. But the support for legalization is here, and in a democracy it cannot be ignored. As the movement spreads inexorably across the country, many of these slimy revenue sources will begin to disappear, and they will leave gaping holes in budgets nationwide. Thus, with the inevitable death of a bloody regime of Cannabis enforcement, so too must come the taxes.

Revolution is in the air, and on the ground the facts are a mess. In the months or years after a new ballot measure passes, Cannabis users find themselves in a sort of Wild West period, a transitional stage between prohibition and legality. Anyone can go and re-read a ballot measure, but few can say with authority what’s actually legal and what isn’t, what will be enforced and what will not, or even what the laws will actually look like when a statute finally goes to the books. For that matter, no one can predict what a pig-headed lame duck Governor will do to undermine or hijack the intent behind the ballot on his way out the door. To date, Colorado and Washington are still the only two states to have both a fully-developed legal framework for recreational Cannabis use and enough historical revenue and budget data for meaningful analysis. The money is rolling in, in the hundreds of millions, but it’s a little tricker to pocket than it used to be. For any interested students of politics, here is a brief survey of the ways money can be spent, when you are not protecting profit margins on cancer drugs that cost more money than patients have ever seen in their life.


Colorado

If you can read this, thank a Cannabis user. In the Centennial State, the lion’s share of Cannabis revenues goes to education. The first $40 million of annual Cannabis excise tax money goes to building and maintaining schools. Millions more go directly to the school system; funding educational and social programs, paying teachers, and to drug prevention. There’s no irony here, even before prohibition I could not have graduated from the D.A.R.E program without getting recreational behind the gym first.


Washington

Washington, on the other hand, devotes the majority of its Cannabis revenue to the state Medicaid program, funding health insurance for 1.8 million low-income residents. The next largest piece goes to balance the remainder of the budget, which is the kind of vague language that gives politicians a nice warm feeling deep down inside. The remainder goes to Universities, health programs, research programs, and costs relating to regulation of the Cannabis and liquor industries.


Michigan

In Michigan, sales taxes on marijuana, as with all sales taxes, go first to the state School Aid Fund. This may be the first year since 2009 that payments from that fund will not be shadily diverted to institutions of higher education in a budgetary shell game. Excise taxes go, of course, to law enforcement, as well as to the counties and to municipal governments that allow cannabis facilities. Licensure fees go again to law enforcement and to administrative expenses relating to legalization.