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TACOMA, Wash. (CN) - A Washington state law prohibiting doctors from including “any statement or reference, visual or otherwise, on the medical use of marijuana in any advertisement” is unconstitutional, a Superior Court judge ruled.

In a Jan. 9 letter to the state and a doctor’s attorney, Pierce County Judge Elizabeth Martin said she does expect that her ruling will be “the final word on the subject,” but that the state law is constitutionally vague and overbroad, and constitutes an impermissible restraint on commercial speech, in violation of the state and federal constitutions.
Judge Martin heard oral arguments on cross-motions for summary judgment on Dec. 16, 2014. She granted the doctor’s motion and denied the state’s. Here is the background.
In 2011, Dr. Scott Havsy, an osteopath, had published an ad that contained information on medical conditions which could qualify someone to get state permission to use medical marijuana. The ad contained an image of a marijuana leaf. Both aspects of the ad-the information and the image - violated Revised Code of Washington 69.51A.0030(2)(b)(v).
Washington voters legalized recreational use of marijuana in November 2012, through Initiative 502, which was credited, among other things, with bringing 81 percent voter turnout in that general election, by far the highest in the nation.
But in July 2012, the state Department of Health had charged Havsy with unprofessional conduct, and in August that year ordered him to be put on probation, fined, and enjoined from such advertising.
Havsy sued the Department of Health, challenging the constitutionality of the law. The department lacked legal authority to rule on that, and it was left to the Superior Court. The disciplinary action against the doctor was stayed pending the Pierce County Court’s decision.
Both parties argued before Martin that the ad is commercial speech. Martin said that may not be the case, as Havsy’s ads also had links to informational sources - including to the state’s - but the judge said she need not rule on that, as even as a ban on purely commercial speech the law is unconstitutional prior restraint.
“It is difficult to understand, for example, how a link to the state’s own website and a recitation of the language of Chapter 59.51A on medical marijuana harms public health and safety,” Martin wrote.
She found the law “impermissibly overbroad as it chills even informational speech aimed solely at public education.” She also found it unconstitutionally vague, “given that even a published statement by a health care provider, purely neutral and informational in nature, potentially violates the blanket prohibitions of this statute.”
Martin said she will rule on the issue of attorney’s fees later.

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[fullwidth backgroundcolor=”” backgroundimage=”” backgroundrepeat=”no-repeat” backgroundposition=”left top” backgroundattachment=”scroll” video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” bordersize=”0px” bordercolor=”” borderstyle=”” paddingtop=”20px” paddingbottom=”20px” paddingleft=”0px” paddingright=”0px” menu_anchor=”” equal_height_columns=”no” hundred_percent=”no” class=”” id=””][social_links icons_boxed=”” icons_boxed_radius=”4px” icon_colors=”” box_colors=”” tooltip_placement=”” rss=”” facebook=”” twitter=”” instagram=”” dribbble=”” google=”” linkedin=”” blogger=”” tumblr=”” reddit=”” yahoo=”” deviantart=”” vimeo=”” youtube=”” pinterest=”” digg=”” flickr=”” forrst=”” myspace=”” skype=”” paypal=”” dropbox=”” soundcloud=”” vk=”” email=”” show_custom=”no” alignment=”” class=”” id=””][fusion_text]Cannabis producers and out-of-state entrepreneurs are already looking well beyond Oregon’s robust medical marijuana market to the recreational one, where for the first time government regulators will scrutinize growers, their practices and their plants.

Nowhere is the trend more apparent than in the Portland area, where marijuana industry players are engaged in a modern-day land grab for warehouse and retail space.

Portland, home to more big medical marijuana growers than any other city or town in Oregon, is positioned to be a major producer of cannabis for the regulated recreational market.

(Oregon’s largest medical marijuana grow site serves only California patients)

The Oregonian’s analysis of 2014 state grow site data identified 64 large-scale medical marijuana grow sites in the Portland area – a whopping 178 percent increase since 2012. Data revealed 282 grow sites across Oregon serving 11 or more medical marijuana patients – a 129 percent increase since 2012.

Two factors have spurred the rapid expansion of marijuana growers: Oregon’s newly regulated medical marijuana dispensary industry, which includes nearly 213 retail outlets where cardholders can purchase medical cannabis, and anticipation of legalized marijuana, which Oregon voters approved last fall.

“The legal marketplace has been limited to 70,000 (medical marijuana) cardholders and now it’s about to be every adult and every 21-and-older tourist who passes through the state,” said Matt Walstatter, a medical cannabis grower and owner of Pure Green, a Northeast Portland medical marijuana dispensary. “It makes sense for production to ramp up.”

Marijuana, after all, is big business in Oregon.[/fusion_text][/fullwidth][one_half last=”no” spacing=”yes” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” border_size=”0px” border_color=”” border_style=”” padding=”” class=”” id=””][title size=”1″ content_align=”left” style_type=”single” sep_color=”” class=”” id=””]Oregon Medical Marijuana Card Holders, 2012[/title][imageframe lightbox=”no” style_type=”dropshadow” bordercolor=”” bordersize=”0px” borderradius=”0″ stylecolor=”” align=”center” link=”” linktarget=”_self” animation_type=”0″ animation_direction=”down” animation_speed=”0.1″ class=”” id=””] [/imageframe][/one_half][one_half last=”yes” spacing=”yes” background_color=”” background_image=”” background_repeat=”no-repeat” background_position=”left top” border_size=”0px” border_color=”” border_style=”” padding=”” class=”” id=””][title size=”1″ content_align=”left” style_type=”single” sep_color=”” class=”” id=””]Oregon Medical Marijuana Card Holders, 2014[/title][imageframe lightbox=”no” style_type=”dropshadow” bordercolor=”” bordersize=”0px” borderradius=”0″ stylecolor=”” align=”center” link=”” linktarget=”_self” animation_type=”0″ animation_direction=”down” animation_speed=”0.1″ class=”” id=””] [/imageframe][/one_half][fullwidth backgroundcolor=”” backgroundimage=”” backgroundrepeat=”no-repeat” backgroundposition=”left top” backgroundattachment=”scroll” video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” bordersize=”0px” bordercolor=”” borderstyle=”” paddingtop=”20px” paddingbottom=”20px” paddingleft=”0px” paddingright=”0px” menu_anchor=”” equal_height_columns=”no” hundred_percent=”no” class=”” id=””][fusion_text]

View Interactive Map of Medical marijuana in Oregon here.

[/fusion_text][/fullwidth][fullwidth backgroundcolor=”” backgroundimage=”” backgroundrepeat=”no-repeat” backgroundposition=”left top” backgroundattachment=”scroll” video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” bordersize=”0px” bordercolor=”” borderstyle=”” paddingtop=”20px” paddingbottom=”20px” paddingleft=”0px” paddingright=”0px” menu_anchor=”” equal_height_columns=”no” hundred_percent=”no” class=”” id=””][fusion_text]

Growers estimate that it costs between $400 and $1,000 to produce a pound of cannabis, which sells for between $2,100 and $3,000 per pound on the retail market.

Longtime medical marijuana growers who’ve quietly tended plants in their basements say they’re looking to upgrade to warehouses. Producers already in warehouses plan to expand.

They’re snapping up real estate, in some cases competing with each other for the same locations. Real estate agents say growers are paying well above market price to lease buildings, particularly in the Portland area, essentially reserving space until the Oregon Liquor Control Commission crafts rules for cannabis cultivation.

Six years ago, when Mike Anderly, 37, moved his plants out of his basement and into a commercial warehouse in St. Johns, the rent was $1,100 a month. Today the same space goes for $2,500. He spends about $6,000 a month renting two commercial spaces.

“There is such limited commercial space, especially in Multnomah County – and Multnomah County is the sweet spot – people are paying exorbitant rates,” said Anderly, whose marijuana production business is called Cloud City Gardens.

****

Growers like Anderly are placing big bets, sinking tens of thousands of dollars into large-scale operations. They hope they’ll pass muster with the liquor control commission, which hasn’t even begun to consider qualifications, rules and requirements for recreational marijuana producers.

“People are rolling the dice,” said Portland lawyer Amy Margolis, whose clients include marijuana growers. “We talk to people all the time who are trying to be prepared for what’s coming, but we have so little information to do so.”

Shane McKee, a longtime grower, figures he’ll spend at least $1 million getting his Clackamas County warehouse space ready for Oregon’s recreational market. McKee said he’s got another commercial grow space in Multnomah County and he’s in the process of closing on a second Clackamas County site.

Standing in the middle of his spacious Clackamas County location one recent morning, McKee pointed to a taped-off area where employees will extract hash oil from marijuana flowers and leaves in a spark-proof room. A bottling station for cannabis-infused drinks will go over here, he said, pointing to a spot a few feet away. Employees will load vaporizer pens with cartridges of liquid marijuana concentrates, a popular and potent form of the drug, in another corner.

Cannabis grower and dispensary owner Shane McKee talks about his vision for growing marijuana and the research and development he’s currently undertaking.

There’s even space for an in-house lab to test marijuana for impurities and a kitchen to churn out McKee’s line of cannabis-infused treats.

Marijuana will be grown, harvested and dried in his warehouses before it’s wrapped and labeled — each package marked with a sideways S, the logo a Las Vegas branding company dreamed up forShango, McKee’s chain of Portland medical marijuana shops. His products also are sold in two dozen Oregon medical marijuana dispensaries.

McKee, a builder who helped set up commercial marijuana grow sites in Colorado, hopes his facilities will serve as a model for state regulators.

He’s working on his own water filtration system to remove phosphates and nitrates — both typically used at high levels in marijuana cultivation.

Once his warehouses are up and running, he figures he’ll use 600 to 1,000 gallons of water daily. He’s also developing an efficient way to cool the air circulating through the warehouse.

He’s testing out four lighting systems — all of them bathing McKee’s crop in an intense glare for 12 hours a day — looking for the most efficient one.

For McKee, a 45-year-old who’s consumed marijuana since he was a teenager, the goal isn’t to grow better marijuana. It’s to make the process less of a resource drain.

“We’re not learning to grow cannabis here,” he said. “I learned to do that 20 years ago. I am learning to be more efficient, consistent and safe.”


[/fusion_text][fusion_text]Real estate agents and lawyers who work with cannabis growers said people see setting up a grow site or dispensary as a way to break into the industry.

“You have to be able to move quickly,” said Portland real estate agent Zack Stratford, who works with growers and dispensary owners to find space. “You have to have your bios ready, your finances ready. The landlords want to see that you are legit. If you don’t have all that ready and you are not able to compete with multiple offers, you will not get a location.”

When Mat Thompson’s plans for marijuana grow site in Ontario encountered resistance from local officials, the 34-year-old Nampa, Idaho, man looked around for the “friendliest county and city.”

He and his business partner, Mathew Seamans, also from Idaho, settled on Portland.

“It’s not easy to find warehouse space in Portland right now,” said Thompson, who holds an Oregon medical marijuana patient card, as well as caregiver and grower cards, allowing him to possess and grow marijuana.

The pair engaged in a fierce bidding war with another grower for space in St. Johns. They lost and ended up with a space in Southeast Portland.

“It was a nightmare,” said Thompson, whose business is called Hydrus Hydroponics Inc. “We did find a place. It was horrible. I had two deals fall through before I found this one. Everything out there is just being snagged up. The price of industrial space has doubled in places.”

Portland city officials said they don’t have a clear idea of where or how many commercial-scale medical marijuana growers operate within city limits.

By law, medical marijuana grow site locations are confidential and fall largely outside of state regulation. Police may check the Oregon medical marijuana cardholder database – which does not include patients’ health records – only to confirm whether a particular address is a registered grow site.

Josh Alpert, an aide to Mayor Charlie Hales, said city officials, police in particular, would like to know where commercial marijuana operations are located.

Alpert also suspects some medical marijuana growers aren’t going through the city’s building permit process when they convert spaces into grow sites.

“I think what we are nervous about at the moment is folks that are getting ready to operate and not going through the process of inspecting,” he said.

But dispensaries, he said, are more likely to bother neighbors than grow sites, which go largely unnoticed.

“These are legal businesses,” said Alpert. “They have a right to operate in the city. We want to do our best to make sure they are operating safely and the public is protected.”


 

Joel Jennings, 39, and Case Van Dorne, 23, applied for building permits with Portland’s Bureau of Development Services after leasing a grow facility in Southeast Portland last year. They told city officials they were planning a “hydroponic grow space.”

“We didn’t want to hide it,” said Jennings, “but we didn’t want to rub it in their face.”

Jennings and Van Dorne experienced firsthand the race for space. They competed with 120 other applicants for their dispensary space on Southeast Division Street. Their competition: other prospective dispensary owners.

The pair operates out of an unassuming commercial space on a bustling strip lined with small businesses and major retailers. Visitors won’t find a sign out front directing them to Jennings and Van Dorne’s grow operation. The door to their place is blank.

They sunk their life savings into the 5,200 square foot space, spending $12,000 on lights for one room alone. Their monthly power bill comes to $1,400.

Jennings and Van Dorne grow 40 marijuana strains — including their own Mt. Hood Magic — for their medical marijuana dispensary, Five Zero Trees. Business is brisk, but the pair is planning for the recreational market: Recently, they decided to lease more space in the building.

“Underneath us there’s a whole other level to this building that’s sitting and waiting for us,” said Jennings, standing next to three blue barrels, part of the automated feeding system that pipes a mix of nutrients and water into each pot of cannabis in the next room.

They’re not alone.

Jennings and Van Dorne recently got a new neighbor: Another marijuana grower set up shop down the hall.[/fusion_text][separator style_type=”shadow” top_margin=”” bottom_margin=”” sep_color=”” icon=”” width=”” class=”” id=””][fusion_text]Original Story from Oregon Live — Noelle Crombie

[email protected]

503-276-7184; @noellecrombie

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2 Chainz crushes Nancy Grace in this Legalization Debate

This video is a fantastic example of the conversation that is currently happening all across the country. FOX news typically stacks the deck in these types of debates, and brings on inarticulate, uneducated people to defend positons that their network doesn’t agree with. But here, 2 Chainz brilliantly defends cannabis legalization against Nancy Grace’s pearl-clutching and mental gymnastics.

Nancy Grace is unfortunately not alone in her confused and frightened perception of cannabis. While most of America is now in favor of full legalization, there is a large segment of middle class America that still associates cannabis with other schedule 1 drugs and refuses to alter their opinions, even in the face of overwhelming scientific research. But even those who are unconvinced by science are starting to realize that the sky hasn’t fallen in Colorado, and those tax revenues are starting to look mighty appetizing.

And as these opinions change, the cannabis industry looks more and more appealing to investors and entrepreneurs. If you haven’t started investing yet, it might be a good time to start. Check out our Ultimate Investor’s Bundle to get started, and we recommend looking at some of our comprehensive business reports before you dive in.

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1) Growth Industry (Understatement of the Decade)

“Legal cannabis could be an industry with revenues of $35 billion by 2020 if marijuana is legalized at the federal level. And that’s just representing revenues in the first year of countrywide legalization.” Those aren’t numbers that we came up with, those are from financial analysts that are confident we’re going to see federal legalization in the near future. It’s the type of opportunity that hasn’t been seen since the end of alcohol prohibition. This will be the realization of the American dream for a lot of entrepreneurs and investors.

 

2) First Mover Advantage

Ebay. Coca Cola. You know who they are because they were the first to do what they do. First movers identify a market opportunity and capitalize on it before the competition. This is a well documented phenomenon in every emerging industry, and if you consider that we haven’t even scratched the surface of scientific research for what cannabis can actually do, the potential for early moving business and investment is huge. And what we have seen so far is that some of these first movers are going to be great American companies that provide jobs and long-term value for the American economy.

 

3) Banks for Cannabis business

The elephant in the room last year was that hands-on business owners couldn’t bank. Entrepreneurs were storing cash in mattresses. It was the wild west. After the growing pains of 2014, banking in the cannabis sector looks like its becoming a reality. This is a huge step forward for the entire sector and should give investors a reason to give cannabis another look.

 

4) Affordability

The image that comes to mind when most people think of penny stocks is something like Aerotyne Industries, from the Wolf of Wall Street. A shack in a mother’s backyard where the self proclaimed “CEO” both lives and works.

Sometimes that’s not far from the truth. We have seen some real scams over the last year. But there are some cannabis stocks that are affordable for the average investor, and have enormous potential to grow. How big? Nobody knows, but a lot of smart people are willing to place a bet in hopes of getting in early on a future industry titan.

And you don’t have to be in for the long haul. A lot of investors trade seasonally or day trade so that they are less subject to huge market swings. Most of the people we talk to are just middle class people that want to intelligently invest a bit and see how it goes for a few years and we think that’s great. In a few years some of these stocks will be just huge and hopefully we can help investors pick the right horse for the race.

 

5) Variety

The cannabis sector isn’t just about investing in the plant. It’s also about all of the products and services that grow from the plant. Maybe you don’t like investing in producers. Try vaporizer companies! They are huge right now, importing relatively cheap and increasingly popular vapor pens, and reselling them to American consumers for huge profits. Don’t like the American market? No problem, there are Canadian stocks too. Don’t like public investments? That’s fine too, private tech startups like Massroots are integrating cannabis consumers with social media. They just received some incredible venture capital this year and are doing great things with it. Don’t like recreational marijuana but want to support medical research? There’s a stock for that too.

Right now and for the foreseeable future, the industry really offers enough variety that there is something for everyone.

 

© 2015 Pot-stocks.com All Rights Reserved.
Disclaimer and Disclosure: This site contains information regarding publicly traded companies that operate within the legal cannabis industry. It is important to understand inherent risks of investing in securities. Many cannabis stocks are subject to volatile price fluctuations. The information presented here is for educational and entertainment purposes only, and in no way implies an endorsement of any company or entity, nor should this information be solely relied upon to determine investments. Pot-stocks.com does not advocate the use of illegal substances.
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We don’t think its enough for us to be the bridge between investors and the emerging cannabis industry. We want to recognize and support the legalization movement and those who have fought long and hard to get us to where we are today.
In that spirit, throughout 2015 we will showcase advocates and organizations that are blazing trails for legalized cannabis. We firmly believe cannabis will change the world for the better, healing disease and ultimately helping humanity.
Today, we feature NORML and the Marijuana Policy Project. Both are on fighting for legalization everyday, at the national and state levels.
Stand with us: When you make money on a trade in the cannabis sector, donate a percentage to legalization advocates that are fighting to make a difference. Got an organization you want to support? Let us know!

The Marijuana Policy Project


NORML