Categories
BLOG

is cbd oil legal in nebraska

Is CBD oil legal in Nebraska?

Copy article link to clipboard.

Link copied to clipboard.

Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Nebraska CBD laws
  4. Where to buy CBD in Nebraska
  5. How to read CBD labels and packaging

Yes, cannabidiol (CBD) oil and other products derived from hemp that have been evaluated by regulators are legal in Nebraska.

The Nebraska Hemp Farming Act, signed into law on May 30, 2019, allows for the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products, as long as they are tested and approved by the Nebraska Department of Agriculture. CBD that is derived from the marijuana plant is still considered illegal in the state and federally, unless it meets Food and Drug Administration (FDA) requirements such as in prescription formulations.

The act aligns with the federal Farm Bill of 2018 and its definitions of hemp and marijuana, using 0.3% THC by weight as the legal threshold between the two.

What is CBD?

CBD is a non-intoxicating cannabinoid, and the-second-most prominent compound in the plant after THC, which is largely responsible for the cannabis high. Sourced from marijuana or hemp plants, CBD has a wide range of potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. Most cannabis strains on the market today contain small amounts of CBD, compared with THC. But since the cannabinoid has gained considerable attention for its wide range of potential benefits, a number of high-CBD strains have popped up in recent years.

CBD elicits effects on the body through a range of biological pathways, including the body’s most common cannabinoid receptors, which cannabinoids bind to so they can be broken down and dispersed by enzymes. Current research suggests that the benefits of CBD are achieved when the cannabinoid activates multiple receptor pathways rather than just one. This may also account for CBD’s wide range of potential therapeutic uses.

Why is CBD sometimes illegal?

Hemp strains don’t produce enough of the cannabinoid THC to cause intoxication, but all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis under the Schedule 1 umbrella, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The 2018 Farm Bill legalized hemp cultivation and created a clear pathway to remove some cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Under the new legislation, hemp is classified as cannabis that contains less than 0.3% THC by weight; marijuana is cannabis that contains more than 0.3% THC. As a result, hemp-derived CBD was descheduled by the bill, but marijuana and its derivatives, including CBD, remain Schedule 1 substances. Hemp is now considered an agricultural commodity under the 2018 Farm Bill, but it must be produced and sold under regulations that implement the bill. The United States Department of Agriculture (USDA) has yet to create these regulations.

The Farm Bill also endowed the FDA with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level.

The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.

Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules.

Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps

Image lightbox

Nebraska CBD laws

The Nebraska Hemp Farming Act, or LB 657) was signed into law by Republican Gov. Pete Ricketts on May 30, 2019, effectively bringing Nebraska law in line with the 2018 Farm Bill. Under both the Farm Bill and the Nebraska Hemp Farming Act, CBD oil derived from a cannabis or hemp plant which contains less than 0.3% THC is a legal substance.

Prior to the passing of the state hemp bill, the Nebraska legislature had passed a hemp agricultural pilot program, which allowed for the cultivation of industrial hemp by the state Department of Agriculture or approved state universities. The Nebraska Hemp Farming Act requires the Department of Agriculture to submit regulations for hemp cultivation for federal approval, per the demands of the Farm Bill.

Though the Nebraska Hemp Farming Act doesn’t name CBD directly, it does state that legal hemp includes any derivative, extract, or cannabinoid with no more than 0.3% THC. The slight lack of clarity within the language of the bill has caused some confusion among prospective CBD sellers and legislatures over whether CBD is completely legal, even under the new regulations.

Prior to the passing of the Nebraska Hemp Farming Act, Republican Attorney General Doug Peterson issued a memo stating that, unless CBD is in an FDA-approved drug or authorized by the University of Nebraska Medical Center (UNMC) it was still considered a Schedule 1 substance by the state. As of September 2019, the Attorney General has yet to issue a new statement on the matter in follow-up to the passing of the hemp farming bill.

Licensing requirements for CBD

Those looking to cultivate, process, handle, and broker industrial hemp in the state of Nebraska must apply with the Department of Agriculture and pay the necessary cultivator, cultivator site registration, processor-handler site, and site modification fees with the Department of Agriculture. All hemp and hemp-derived CBD products must also be tested for THC concentration by a state-licensed testing facility.

Selling unapproved CBD products is considered sale of a controlled substance under Nebraska law. Penalties for cultivating or selling a controlled substance in Nebraska includes a $25,000 fine and a prison sentence of one to 20 years.

Nebraska CBD possession limits

Possession of hemp-derived CBD is legal as long as it was derived from hemp cultivated and sold under state regulations. Possession of CBD derived from a non-regulated source is considered possession of a controlled substance and results in prison time and fines if convicted.

A first offense of possession of 1 ounce, or 28.35 grams, or less of cannabis is treated as an infraction with a $300 fine. For second and third offenses, possession of 1 ounce, or 28.35 grams, or less result in a $500 fine with five and seven days jail time, respectively. Possession of more than 1 ounce to 1 pound, or 28.35 to 454 grams, of cannabis is a misdemeanor, resulting in a $500 fine and three months of incarceration. Possession of more than 1 pound, or 454 grams, is a felony, with penalties including five years prison time and a $10,000 fine.

New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)

Image lightbox

Where to buy CBD in Nebraska

CBD oil and other CBD products can be legally purchased from state retailers that have sourced their product from licensed hemp cultivators. CBD is also available for sale from online retailers, but may not offer products that meet the requirements of the Nebraska Hemp Farming Act.

How to read CBD labels and packaging

The 2018 Farm Bill shifted oversight from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). As the FDA slowly begins to make new regulations for CBD products, the market remains largely buyer beware. Still, the agency warns that in-flux regulations don’t excuse companies from making only reputable claims on their labeling.

Most reputable CBD producers will typically include the following information on their CBD product labels:

  • Amount of active CBD per serving.
  • Supplement Fact panel, including other ingredients.
  • Net weight.
  • Manufacturer or distributor name.
  • Suggested use.
  • Full spectrum, broad-spectrum, or isolate.
  • Batch or date code.

Is CBD oil legal in Nebraska? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Nebraska CBD laws Where to

Categories
BLOG

can cbd oil help with restless legs

Dr Ginevra Liptan

By Ginevra Liptan, MD
* Links may generate a commission for this site

The throbbing, pulling or creeping sensations of Restless Legs Syndrome (RLS) can be miserable—and affect at least one third of all women with fibromyalgia. These uncomfortable feelings and urge to move the legs are often triggered by trying to relax or sleep, making it hard to fall and stay asleep. And it is not just the legs, some people experience the restless sensations in their arms or over their whole body! Since sleep is already a huge issue in fibromyalgia, it is really important to be look for and treat any condition that is making sleep worse.

If you answer yes to any of these questions, you may have Restless Legs Syndrome:
o Do you often get a strong urge to move your legs to relieve unpleasant sensations?
o Are the symptoms worse when you’re sitting still or lying down and resting?
o Do you get temporary relief from moving your legs or walking?
o Do the symptoms start or get worse in the evening or at night?

There are definitely medications that can help ease these symptoms, but many of them have significant side effects. Some very effective natural treatments for Restless Legs Syndrome to consider are iron, magnesium and cannabidiol (CBD).

Iron for Restless Legs
We know that restless legs is caused by low levels of the brain chemical dopamine, and many of the prescription treatments for RLS act to increase dopamine levels. Iron is a key player in the production of dopamine, so low iron levels in the brain may lead to low dopamine levels and restless legs symptoms. There has long been a suspected connection between low iron levels and RLS, and people with iron deficiency anemia often experience restless legs symptoms. However people with normal iron blood levels can still experience RLS, and it appears that it is the level of iron that reaches your brain that matters, not the amount floating in your bloodstream. One of my patients with severe RLS and normal blood iron levels had her symptoms eliminated after a series of intravenous (IV) iron infusions, which is the most effective way to get iron into the brain. One study found that IV iron infusions showed significant improvement of RLS symptoms in 76% of the subjects without any major side effects.

For patients with RLS I aim to get their ferritin levels (a blood test for iron) around 70 to maximize how much iron is getting into their brain. Typically any ferritin above 10 is considered “normal”, but if you have RLS it is worth a try to get your ferritin levels up into “optimal” range and see if symptoms improve. In my clinical experience, the results can be pretty dramatic, but be sure to talk with your health care provider before starting iron supplementation as your levels will need to be monitored to ensure they don’t get too high as that can be harmful. You want to find the amount of iron supplementation that keeps your ferritin around that optimal level of 70.

Some forms of iron can be hard on the stomach and cause nausea and constipation. I have found iron bisglycinate to be the best tolerated, my favorite is Opti-feren C by Pure Encapsulations. To optimize iron intake make sure to take it away coffee, tea, and calcium supplements as these can interfere with iron absorption. I often recommend taking any iron with dinner as most of us are not drinking coffee with dinner!

An alternative approach for those that don’t tolerate or absorb oral iron is to apply it transdermally. Yes, we can absorb some iron through our skin! Compounding pharmacies can make a prescription iron cream, although a few of my patients found it discolored their skin. For topical iron I prefer the PatchMD Iron Plus Topical Patch as it is less messy, cheaper, and has no skin discoloration issues.

In addition to getting ferritin levels up to optimal range, for those with severe RLS I will often add some specific nutrients that increase the ability of the body to utilize iron, like the active forms of B-6, B-12, and folate, found in MethylGuard by Thorne Research. For this purpose I have patients just add one capsule of MethylGuard per day.

Magnesium for Restless Legs
Magnesium is another beneficial mineral that can help RLS. Clinically I see this all the time and this study found it was effective for mild to moderate symptoms. Magnesium promotes muscle relaxation and soothes irritable nerve endings. The best form of magnesium for this purpose is magnesium glycinate 240mg to 480mg at bedtime. Magnesium glycinate is the type least likely to cause loose stool, one common and undesirable side effect of magnesium supplementation. Just like iron, we can absorb magnesium through our skin, so you can also apply magnesium oils and lotions directly to your legs. Remember that magnesium is a salt, so some oils can be irritating to the skin. My goal with Frida Botanicals magnesium cream was to make a potent cream that was still gentle and moisturizing. Some of my patients have found that a combination of oral and topical magnesium is the ticket to ease their restless legs symptoms while limiting the laxative effect.

Cannabidiol (CBD) for Restless Legs
Many patients have reported that cannabis (marijuana) eases their restless leg symptoms. This small study found 6 patients reported complete remission of their RLS with cannabis. Cannabis contains lots of different chemicals, so it is unclear which are specifically giving benefit for RLS, but CBD (cannabidiol), is suspected to be the key component of cannabis for RLS. In fact an Israeli company is currently studying CBD as a treatment for Restless Legs Syndrome.

CBD has strong muscle relaxant and nerve calming effects which can really ease the discomfort of restless legs. And just like iron and magnesium, CBD can be taken orally or applied topically to the legs. I have seen patients get improvement from CBD applied topically or a CBD tincture under the tongue before bed. And unlike cannabis, CBD does not have any psychoactive or mind-altering effects and if it is derived from hemp it is legal and accessible in all 50 states. If you want to learn more about CBD safety, effectiveness and dosing check out my other blogs here and here and my videos below.

The throbbing, pulling or creeping sensations of Restless Legs Syndrome (RLS) can be miserable—and affect at least one third of all women with fibromyalgia. Learn how iron, magnesium and CBD can help.

Categories
BLOG

jilly bean weed strain

Jillybean

Taste & Smell

Effects

  • Energetic
  • Creative
  • Happy
  • Talkative
  • Headache
  • Nervous

Pairs Well With

  • Arts & Crafts
  • Eating
  • Going Out
  • Social Events

About this Hybrid Strain

Jillybean is a sativa-dominant cannabis strain that derives its name from its scent and flavor, often having a mango and pineapple appeal similar to fruity jellybeans. Some reviewers have noted an orangey or citrusy smell and taste. Jillybean’s buds often produce deep shades of maroon on its leaves.

Jillybean’s THC content averages at 13% but can reach up to 18%. Its high is known to energize the consumer and lift one’s spirits, producing a comforting body high and inducing creativity as well as social stamina. This strain is an excellent choice for eliminating social stresses and helping make hobbies more enjoyable.

If consumed improperly, paranoia may occur in slight bouts or headaches once the high wears down.

To create a darker coloration of Jillybean when growing, ensure nighttime temperatures are slightly cooler. Light cycles should average 85 degrees.

Jillybean is a sativa-dominant cannabis strain that derives its name from its scent and flavor, often having a mango and pineapple appeal similar to fruity jellybeans. Some reviewers have noted an orangey or citrusy smell and taste. Jillybean's buds often produce deep shades of maroon on its leaves….

Categories
BLOG

cbd coffee wholesale

Cbd coffee wholesale

Do you want to sell our CBD Coffee under your own brand or label? Pot Head Coffee now offer a while labelling service enabling you to sell your very own bags of our leading, CBD Coffee.

  • 5-star rated coffee beans.
  • Suitable for espresso-based drinks and other brewing methods.
  • Infused with full spectrum, CBD rich hemp extract.
  • Freshly roasted beans every month.
  • Whole bean or ground to order.

How Does White Label Coffee Work?

  1. You reach out to Pot Head Coffee giving us a summary of your business.
  2. We get in touch, either by phone or email, confirm the details and if required, advise you on which CBD Coffee will be best suited to your customers.
  3. We agree an initial order. We have low minimum order quantities to help you test the market and product.
  4. You supply your own labels and packaging, or you can use our design templates and matte black packaging.
  5. You receive your own, ready to sell, CBD Coffee.

Request More Information

We do not display the discounted pricing on our website, but you can request more information using the following form, or by emailing: [email protected]

Please tell us as much as possible about your business and any products / quantities you would like a quote on.

Free UK Delivery when you spend £20. International Delivery from £10.

About
  • Reviews
  • Delivery & Returns
  • Lab Reports
  • Privacy Policy
  • Contact Us
Work With Us
  • Stockists
  • Wholesale CBD Coffee
  • White Label CBD Coffee
  • CBD Coffee for Business
  • Affiliate Program
Articles
  • Gift Guide 2020
  • Why drink CBD Coffee?
  • How to make CBD Coffee
  • Cannabis 101
  • CBD Coffee FAQs
  • CBD Coffee
  • Decaf CBD Coffee
  • Speciality Coffees
  • Coffee Mugs
  • GoldLeaf Journals

© POT HEAD COFFEE | Made with coffee, cannabis and love by Stark Projects.

All products advertised herein by Pot Head Coffee are not in any shape or form advertised for sale as medicinal products. Pot Head Coffee is the trading name of Stark Projects Ltd, a company registered in England and Wales under company registration number 10719099 and whose address is Pot Head Coffee, 16-18 Finch Drive, Springwood Ind Estate, Braintree, Essex, United Kingdom, CM7 2SF.

Added to Cart

Privacy Overview

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Looking for white label CBD Coffee? Find out more about Pot Head Coffee's end to end service and start selling 5-star rated CBD Coffee.

Categories
BLOG

cbd for kidney stones

How CBD can help for Kidney Stones

Reading Time 1.5′-2-5′ (Music at the bottom)

Let’s look at how CBD can help for Kidney Stones.

Kidney stones are forming when there are a lot of crystal-forming substances, such as calcium, oxalate and uric acid. They become solid when the liquid in the urine can no longer dilute it. The main causes of kidney stones are dehydration, diets high in sodium and a poor lifestyle. Symptoms include severe pain in the back, ribs, groin or lower abdomen, cloudy / pink / brown or red urine, frequent urination and nausea. Kidney stones can cause unbearable pain in the body. Both men and women suffer from this and every year more people are affected by their diet.

CBD is antispasmodic and its muscle relaxant properties are exactly what urinary tubes need: less spasms, less pain.

Often people choose to simply let the stones pass through the urinary tract, but in more serious cases, surgery is an option. Most patients experience pain: CBD can be used to relieve pain due to its analgesic properties. CBD is antispasmodic and its muscle relaxant properties are exactly what urinary tubes need: less spasms, less pain. In addition, CBD can fight other symptoms and manifestations such as nausea. It had said that “patients who administered the drug for kidney stones do not suffer from strong side effects”.

Types of CB receptors

The two different types of CB1 and CB2 receptors that are activating by the pharmacologically active ingredients of cannabis found in numerous tissues, including the kidneys. Experimental studies suggest that stimulation of these receptors with pharmacological agents or their natural ligands could have beneficial effects on the kidneys, depending on the distribution of the receptor, the type of kidney injury or the time of activation during acute or chronic conditions, kidney injury. The National Institutes of Health of the US National Library of Medicine. United States published findings that “the treatment of cannabidiol in mice markedly attenuated oxidative stress / nitrosamine induced by cisplatin, inflammation and cell death in the kidney and improved renal function”.

How CBD can help for Kidney Stones, Kidney Stones, CBD oil for Kidney stones, CBD oil, CBD oil Lanzarote, CBD oil Canalanza

Categories
BLOG

cannabis franchises

Franchising and the Cannabis Industry

Cannabis, the fastest growing industry in the U.S. job market today, is embracing one of America’s most popular business expansion engines — franchising. Denver-based ONE Cannabis and Florida-based Miracle Leaf each claim to be awarding franchises to catapult their growth, the former franchising cannabis dispensaries and the latter medical marijuana clinics. Undoubtedly, other cannabis franchisors are following suit to capture a piece of the $150 billion industry. It is a predictable combination — franchising and cannabis — and probably just a matter of time until franchise outlets dominate the Green Rush landscape as they have done in diverse business sectors like restaurants, fitness, real estate and senior care. What makes franchising such a natural fit is that cannabis retailing today consists largely of mom-and-pop independents that should be eager to convert their operation to a common brand name and retail identity to improve consumer recognition of their business, leading to higher sales and profits.

Based in Denver, Colorado, ONE Cannabis advertises itself as the “world’s most experienced cannabis business franchise system” and offers franchise opportunities to prospective entrepreneurs in states with legal cannabis markets.

Franchising with the established company — either cultivation or retail — provides buyers with a roadmap for success that includes operational systems, best practices, depth of resources and business relationships, as well as national brand recognition and marketing support that allows entrepreneurs to flourish in the budding cannabis industry.

According to Forbes magazine, as of May 31, ONE Cannabis has sold the rights to five Colorado locations, each for a franchise fee of $130,000, though the company estimates it costs franchisees between $325,000 and $1.13 million in startup costs to open a shop, depending on the location. The company’s website, ocginc.com, lists required liquid capital at $750,000 and total investment of up to $2.5 million.

Why Franchise?

Consumer demand for all types of cannabis and CBD products makes franchising a natural growth vehicle for the cannabis industry. For a promoter looking to capitalize on cannabis’ meteoric rise, franchising a branded cannabis chain solves the two biggest roadblocks to any business expansion: capital and labor. Franchising enables a cannabis brand to expand its footprint without taking on debt by using other people’s money (the franchisees’), awarding a trademark license to a franchisee conveying the right to own and operate their own cannabis business identified by the franchisor’s trademark and trade dress. The franchisee hires and supervises its own workforce, must follow the franchisor’s brand standards so it operates comparably to all other licensed locations, and pays the brand owner licensing fees off its top-line revenue.

For entrepreneurs and existing independents, franchising offers a stake in the explosive cannabis market, an opportunity to be in business “for themselves, but not by themselves” with the right to keep the profits after paying licensing fees to the brand owner. Franchise programs classically offer benefits of scale that sole proprietors cannot replicate, like training programs, marketing tools and the purchasing power of a larger network that can reduce overhead costs for inventory and supplies.

Overarching Risks

It is impossible to ignore the serious legal and business complications of franchising a cannabis business due to marijuana being illegal under federal law. Banks, landlords, insurance companies and other service providers remain skittish about doing business with companies that are essentially breaking federal law.

Most industry analysts expect the federal government’s policies eventually will change and ultimately accommodate cannabis retailing within the bounds of reasonable regulations. For the here and now, however, franchisors must contend with the fallout from regulatory uncertainty in trying to register their trademarks, conduct normal banking transactions, insure their operations and sell franchises.

Once federal uncertainty is removed, everyone expects the cannabis industry to grow exponentially in revenue, jobs and opportunities, which bodes well for franchisors that set up networks now and get their brands well established with consumers before floodgates open. In the short run, cannabis franchisors looking to gain early traction with consumers as a go-to brand for cannabis products will need to help their franchisees find work-around solutions to reduce everyday burdens, like operating without immediate access to bank accounts or ordinary non-cash payments systems like debit and credit cards.

The Significance of Franchise Status

Of the many legal risks associated with cannabis franchising, brand owners may not appreciate the fine points of what distinguishes a franchise from a non-franchise trademark license in the eyes of the law. As a result, they may give short shrift to the legal consequences of awarding franchises without complying with franchise sales laws.

Significant penalties potentially flow from the unlawful offer or sale of a franchise even if the inadvertent franchisor truly did not know about the law and had no intention to violate it. The same penalties apply whether the underlying franchise involves cannabis, hamburgers, children’s programs or something else.

Though not the first, the most famous franchise in the world — and No. 1 once again on this year’s Entrepreneur magazine Franchise 500 — is McDonald’s, which has more than 13,000 U.S. franchises and another 21,000 worldwide, compared to just 2,885 restaurants owned by the company.

The company’s terms for franchises are a $45,000 initial franchising fee, a 4% ongoing fee and a 4% ad royalty fee, for which the company provides myriad ongoing and marketing support options. According to Entrepreneur, McDonald’s constant reinvention to keep up with modern design and customer expectations has led to 13 consecutive quarters of positive growth for the 64-year-old company.

Dunkin Donuts, Sonic Drive-In, Taco Bell and UPS round out the magazine’s Top 5 for 2019.

To underscore the magnitude of franchise status, it is a felony to sell a franchise without complying with a franchise sales law (although criminal prosecutions are rare). Federal and state franchise agencies have broad powers to punish franchise law violators and may freeze assets, order restitution, issue cease-and-desist orders, ban violators from selling franchises and recover substantial penalties. In states with franchise laws, franchisees have private remedies for statutory violations including compensatory damages and possibly rescission, which means that an unhappy plaintiff may be able to unwind an illegal franchise sale and recover its investment and operating losses from the brand owner. Even in states without a franchise sales law, a franchisee may be able to pursue a claim for violation of a state unfair trade practices and recover treble damages and attorneys’ fees based on the promoter’s violation of the federal franchise sales law. State franchise laws impose personal, joint and several liability on the franchisor’s management and owners even if the franchisor is a legal entity. Because a franchise finding is highly fact-specific, seldom are franchise allegations dismissed early in a case on a motion to dismiss, which significantly adds to the nuisance value of franchise disputes.

For cannabis franchisors, there is the added complication of how to comply with the dozen-plus state franchise laws that impose a registration duty on franchisors and allow state franchise agencies to function as gatekeepers. As long as federal policy criminalizes cannabis, franchisors may not have success getting registered even in the three franchise registration states where cannabis is fully legal (California, Michigan and Washington). This probably explains why companies that openly embrace franchising as a growth model currently operate outside of states with franchise sales laws where promoters only need to worry about complying with the federal franchise sales law, which has no federal filing requirement allowing franchisors to operate relatively undetected by the Federal Trade Commission, the agency that oversees compliance with the federal franchise sales law.

What is an Accidental Franchise?

An “accidental franchise is a euphemism for a franchise that a brand owner knowingly or unknowingly sells in violation of federal and state franchise laws. Lack of knowledge of a franchise law is not a legal defense to liability. Also called “inadvertent franchises” or “hidden franchises,” accidental franchises are not always accidental. Franchise sales laws are strict liability laws, which means that it makes no difference if a company knows that it is violating the law when it commits the act constituting the violation. A company also cannot defend its own wrongdoing by pointing to its competitors engaged in similar behavior. A licensing program that walks and quacks like a franchise, but goes by a different name, is still a franchise.

Outside of the cannabis industry, plaintiffs have challenged remarkably diverse business arrangements as franchises, including established organizations and sophisticated companies. The best-known accidental franchise case involved the Girl Scouts’ national organization found to be in a franchise relationship with one of its local Wisconsin chapters under Wisconsin’s Fair Dealership Law, which protects dealers and franchisees alike against termination without good cause.

The 3 components of a franchise

*The third leg in the franchise definition varies by jurisdiction: all variations involve an inherently subjective legal standard described as a “marketing plan,” “community of interest” or “significant assistance or substantial control” with each variation as intrinsically imprecise as the next. As a result, all franchise definitions are murky around the edges.

If any leg of the franchise stool is missing, the arrangement is not a franchise regardless of how obviously the other two legs are present.

When is a Brand License a Franchise?

Franchising is a business method, not a particular industry. Franchises are strictly creatures of statute, which means that any commercial arrangement is a franchise if it meets the definition of “franchise” in the federal franchise sales law or a state franchise law with jurisdiction over the parties’ activities. The statutes themselves embrace different jurisdictional rules, but all apply to franchise businesses that operate within their borders even if neither the franchisor nor franchisee reside or maintain their principal place of business in the state.

There is no universal definition of a franchise. The federal franchise sales law, which regulates franchise sales in all 50 states, does not preempt state franchise sales laws. There are both marked and subtle differences in how franchise laws define a franchise.

Most franchise definitions are a three-legged stool that require some type of express or implied trademark license and payment of a direct or indirect fee. The third leg in the franchise definition varies by jurisdiction: all variations involve an inherently subjective legal standard described as a “marketing plan,” “community of interest” or “significant assistance or substantial control” with each variation as intrinsically imprecise as the next. As a result, all franchise definitions are murky around the edges.

If any leg of the franchise stool is missing, the arrangement is not a franchise regardless of how obviously the other two legs are present. However, it is not always possible for a brand owner to achieve its business goals by eliminating one of the legs of the franchise stool.

Not only are the contours of defining a franchise confusing, but the mismatch between federal and state franchise definitions creates enormous uncertainty over when and where a promoter must qualify as a franchise. The upshot is that the same licensing program may be a franchise at the federal level, but not in any or every regulating state where the promoter offers its opportunity, or vice-versa.

The name promoters give to their business opportunity is immaterial to its franchise status; only facts matter. Every franchise includes a trademark license, but not every trademark license is a franchise. Sorting the two apart is a risky and highly uncertain process.

The importance of branding to consumer purchasing decisions, combined with the inexactitude of franchise definitions, fuels the so-called accidental franchise problem. This problem exists for not only franchisees and law enforcement but also for law-abiding franchisors, which must compete in the marketplace for prospective licensees with companies that ignore or deny their franchise status, incur no expense for franchise sales compliance and fly below regulatory radar.

Putting It All Together

Accidental franchisors have operated in franchising’s shadows ever since the arrival of franchise sales laws in the 1970s. A business sector as prime for franchising as the cannabis industry will undoubtedly attract its share of accidental franchisors, including brand owners that may be genuinely unaware that their licensing program qualifies as a franchise under federal or state laws as well as those who are disingenuous about their ignorance. This distinction has no relevance to culpability.

If franchising will ultimately dominate the Green Rush, it is equally likely that accidental franchisors will begin popping up, promoting their cannabis opportunity as something less than a full-fledge franchise and calling their program by names that avoid the “F word.” This has been the historical experience on the non-cannabis side of franchising.

The franchise definitional element that is the most subjective and least precise — the middle variable expressed as a “marketing plan, community of interest or significant assistance or substantial control” — is not one that a brand owner looking to launch a cannabis retail chain can reliably eliminate. Trying to do so creates an uncomfortable dilemma: the types of restrictions cannabis brand owners need to impose on their licensees to protect the quality and uniformity of the services offered under their brand are often indistinguishable from the indicia that establish a “marketing plan, community of interest or significant assistance or substantial control.”

A cannabis franchisor willing or tempted to eliminate or reduce assistance or controls in order to avoid franchise status may sacrifice important core values vital to their brand’s reputation. Indeed, the cannabis franchisor may risk abandoning its trademark rights.

The most sure-footed way for a cannabis company (or any brand owner) to set up a licensing program that avoids franchise status is to eliminate the “required fee” element of the franchise definition. In the cannabis market, eliminating the required fee may only be a viable solution for cannabis producers that enter into commercial arrangements with independent distributors. This is because all jurisdictions exclude from the definition of a required fee payments that do not exceed the bona fide wholesale price of inventory (goods bought for resale) if there is no accompanying obligation to purchase excessive quantities. The bona fide wholesale price exclusion means that a cannabis grower or producer operating a supply chain network may sell product at wholesale prices downstream to branded distributors for resale. However, they may not receive fees for delivering other types of services for things like delivery van rentals, training programs, brand identity materials or marketing support unless the services are truly optional. Calling something “optional” is not the test. The law classifies payments denominated as optional as “required” if the service is essential for the successful operation of a distributor’s business. Fees for optional training services or marketing support risk treatment as “required fees” especially if most distributors opt in and buy the service.

Eliminating the “required fee” element is not a practical option for a cannabis brand that licenses a service business, not a supply chain. Dispensaries and other retail businesses that sell cannabis or CBD products under the brand owner’s trademark and business concept are service businesses. A cannabis brand owner that collects a fee for brand affiliation rights is likely in a franchise relationship regardless of whether the fee is lump sum, paid in installments or involves fixed, fluctuating, up-front, periodic or even refundable payments.

In short, cannabis brands looking to launch a retail franchise program in order to roll up independent mom-and-pop dispensaries and compete with ONE Cannabis, Miracle Leaf and other cannabis chains may have no practical way to avoid franchise status lawfully.

Because franchise status requires a technical evaluation of a commercial arrangement under potentially multiple laws with subtle distinctions, accidental franchises are a trap for the unwary. The trap is sure to attract cannabis entrepreneurs looking for a quick footing in the burgeoning cannabis industry. They would do well to keep the burdens of being a franchisor in perspective.

More than 3,000 franchise brands operate in the U.S. and presumably manage to comply with franchise sales laws. The consequences flowing from accidentally franchising are simply too serious to look the other way.

Rochelle Spandorf is a partner in the Los Angeles office of Davis Wright Tremaine. A certified specialist in franchise and distribution law in California, she has dedicated her legal practice to representing primarily franchisors, suppliers and other brand owners expand through trademark licensing. She is the first woman to chair the American Bar Association’s Forum on Franchising, the nation’s preeminent association of franchise attorneys, and has twice chaired the Franchise Law Committee of the California Lawyers Association.

Franchising and the Cannabis Industry Cannabis, the fastest growing industry in the U.S. job market today, is embracing one of America’s most popular business expansion engines — franchising.

Categories
BLOG

seizure from marijuana

Alcohol and marijuana: effects on epilepsy and use by patients with epilepsy

Affiliation

  • 1 Department of Neurology, NYU School of Medicine, New York, NY 10016, USA.
  • PMID: 11737161
  • DOI: 10.1046/j.1528-1157.2001.19301.x

Free article

Alcohol and marijuana: effects on epilepsy and use by patients with epilepsy

  • Search in PubMed
  • Search in NLM Catalog
  • Add to Search

Authors

Affiliation

  • 1 Department of Neurology, NYU School of Medicine, New York, NY 10016, USA.
  • PMID: 11737161
  • DOI: 10.1046/j.1528-1157.2001.19301.x

Abstract

We review the safety of alcohol or marijuana use by patients with epilepsy. Alcohol intake in small amounts (one to two drinks per day) usually does not increase seizure frequency or significantly affect serum levels of antiepileptic drugs (AEDs). Adult patients with epilepsy should therefore be allowed to consume alcohol in limited amounts. However, exceptions may include patients with a history of alcohol or substance abuse, or those with a history of alcohol-related seizures. The most serious risk of seizures in connection with alcohol use is withdrawal. Alcohol withdrawal lowers the seizure threshold, an effect that may be related to alcohol dose, rapidity of withdrawal, and chronicity of exposure. Individuals who chronically abuse alcohol are at significantly increased risk of developing seizures, which can occur during withdrawal or intoxication. Alcohol abuse predisposes to medical and metabolic disorders that can lower the seizure threshold or cause symptoms that mimic seizures. Therefore, in evaluating a seizure in a patient who is inebriated or has abused alcohol, one must carefully investigate to determine the cause. Animal and human research on the effects of marijuana on seizure activity are inconclusive. There are currently insufficient data to determine whether occasional or chronic marijuana use influences seizure frequency. Some evidence suggests that marijuana and its active cannabinoids have antiepileptic effects, but these may be specific to partial or tonic-clonic seizures. In some animal models, marijuana or its constituents can lower the seizure threshold. Preliminary, uncontrolled clinical studies suggest that cannabidiol may have antiepileptic effects in humans. Marijuana use can transiently impair short-term memory, and like alcohol use, may increase noncompliance with AEDs. Marijuana use or withdrawal could potentially trigger seizures in susceptible patients.

We review the safety of alcohol or marijuana use by patients with epilepsy. Alcohol intake in small amounts (one to two drinks per day) usually does not increase seizure frequency or significantly affect serum levels of antiepileptic drugs (AEDs). Adult patients with epilepsy should therefore be all …

Categories
BLOG

nv medical marijuana card

Medical Marijuana Card

Get your medical marijuana card faster at Euphoria Wellness!
  1. Visit us with your valid Nevada ID and we’ll help print out your application and book your doctor appointment with our doctor.
  2. Visit the doctor and get the referral section signed and notarized by their staff.
  3. Bring your completed application back to us and we’ll upload the application and payment to the state.
  4. Within 24-72 hours the state will approve your application and we will print your approval letter so that you can purchase right away!
  5. The state will then mail your card within 2 weeks. No more DMV visits!

Get your card from us and you will get $20 off your first purchase!

*$20 off purchase of $20 or more.

Cohen Medical Center
3650 S Decatur Blvd #23
Las Vegas, NV 89103
Phone: 702-564-6420
Email: [email protected]
http://www.cohenmedicalcenters.com
Monday closed, Tuesday 11:00 am-5:00 pm, Wednesday closed, Thursday 11:00 am-5:0 pm, Friday 1:00 pm-5:00 pm

Why Should I Get a MMJ Card?

It is required by the State of Nevada for any patient requiring the use of medical marijuana products for treatment, to hold a valid Medical Marijuana Card.

Do I Have To Get a Card?

Yes, it is required by the state of Nevada.

Anyone wishing to purchase marijuana as a medical patient must present their card. Cards from other states with registered medical marijuana programs are eligible. If you wish to purchase marijuana as a recreational, non-medical user, you must present a valid, government-issued ID and be over 21-years-old.

What Conditions Can Be Treated with Medical Marijuana?

AIDS/HIV
Anxiety
Arthritis
Cancer
Chemotherapy Side Effects
Eating Disorders
Fibromyalgia
Migraine Headaches
Multiple Sclerosis (MS)
Variety of Other Chronic, Debilitating or Terminal Illnesses

What Type of Medical Care Provider Can Recommend Marijuana?

Medical Doctor (MD)
Doctor of Osteopathy (DO)

Get your Nevada medical marijuana card faster at Euphoria Marijuana! We'll help you print our your application, book your appointment with our doctor, and get $20 off your first purchase. Medical marijuana can treat a variety of chronic illnesses and conditions including anxiety and headaches.

Categories
BLOG

space queen cannabis

Please verify you are a human

Access to this page has been denied because we believe you are using automation tools to browse the website.

This may happen as a result of the following:

  • Javascript is disabled or blocked by an extension (ad blockers for example)
  • Your browser does not support cookies

Please make sure that Javascript and cookies are enabled on your browser and that you are not blocking them from loading.

Reference ID: #db21b730-35fd-11eb-943c-270639403a59

Please verify you are a human Access to this page has been denied because we believe you are using automation tools to browse the website. This may happen as a result of the following:

Categories
BLOG

marijuana flavored vape juice

E-liquids

In Cali Terpenes we are also producers of e-liquids with top quality terpenes, formulated in collaboration with Dr Mariano García de Palau to offer the best flavour.

Vape with real taste of the best cannabis varieties thanks to Cali Terpenes e-liquids.

Do you like the taste of cannabis varieties? Would you like to give up smoking and start vaping? Would you like to enjoy cannabis taste without making you high? Are you a fan of vaping?

If your answer is ‘YES’ to any of the questions stated above, you are the perfect candidate for trying the Cali Terpenese-liquids with terpenes or CBD e-liquids (e-liquids cannabis flavoured, with and without CBD).

CALI TERPENES E-LIQUIDS -MAXIMUM FLAVOUR, MINIMUM RISKS

  • Faithful taste to the aromatic profile of every cannabis variety, thanks to terpenes from Cali Terpenes.
  • Cali Terpenes e-liquids, formulated in collaboration with Dr Mariano García de Palau, whose philosophy is to enjoy the taste of the cannabis varieties without combustion.
  • It is widely accepted that vaping means minimising risks compared to smoking.
  • Vaping reduces up to 95% the risks associated with smoking.
  • Additionally, the formula of our e-liquids is specifically designed to reduce the possible risks generated in the vaping.

These possible risks are directly linked to high concentrations of vegetal glycerine -and obviously to the overuse of this type of product- and to too high temperatures vaporizations, normally due to atomizers with low resistors.

  • Toxic free (such as Vitamine E acetate)
  • The CBD of the CBD e-liquids is made underGMP standards, with 99.8% of purity aprox.

That’s why in our formula there is a minimum content of vegetal glycerine (VG), the lowest in the market.

  • Moreover, our vaping philosophy (whatever the e-liquid) opts for using high resistors in atomisers (1-2 ohms) to get the perfect vaporisation temperature.

This way, you’ll enjoy a more pleasant and healthier vaporisation.

  • Cali Terpenes e-liquids are also perfect for diluting extractions or extracts such as Rosin in them to be able to vape them easily.

THE BEST VARIETIES:


We have the most complete catalogue of e-liquids cannabis flavoured, with a selection of the most well-known and popular cannabis flavours, thanks to terpenes from Cali Terpenes.

AK 47, fruity taste that reminds of red berries with an intense touch of pine and damp earth.

Amnesia, intense, fresh and citric taste like lime / lemon with a slight sweet and muddy touch.

Blackberry Kush, fruity and sweet taste that reminds of Afghan hash.

Cheese, sweet and citric taste, Skunk type, with a touch of mature cheese and incense.

Critical, intense citric taste with a sweet touch of lemon and spices.

Gelato, sweet and creamy taste, with a citric touch.

Girl Scout Cookies, sweet and muddy taste, with a spicy touch.

Gorilla Glue, deep and muddy taste with a pine type pungent touch.

Holy Grail Kush, intense and muddy taste with a citric and sweet touch.

Jamaican Dream, sweet and floral taste with a citric and dried fruit and nuts touch like hazelnuts.

Lavender, intense, fresh and floral taste, with a lavender touch.

Sour Diesel, intense, fresh and citric taste like Diesel, with a spicy and muddy touch.

Super Lemon Haze, intense, fresh and citric lemon type with sweet touches.

Tangie, intense and citric taste like Diesel, with a sweet touch that reminds of tangerine.

OG Kush, intense, fruity and citric taste, with a Diesel taste.

CBD e-liquid base, neutral taste, ideal to mix with our terpenes (cannabis aromas) to create your own CBD e-liquid with flavor of your favorite cannabis strain.

If you need more information about e-liquids, you must visit our guide of e-liquids.

For further questions, please contact our technical team.

Buy e-liquids with terpenes from Cali Terpenes, best price and best quality finally in the same product.