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So we’re legalizing pot banking, but not pot?

Westlake Legal Group smoking So we’re legalizing pot banking, but not pot? The Blog Pot Legalization Marijuana Banking

The House passed a bill yesterday that will likely have a big impact on companies dealing in legal marijuana sales in the 33 states where that’s currently allowed. Of course, it’s only legal under state law. The upshot of this new legislation is that these companies will be able to go to banks and obtain loans, lines of credit and open savings and checking accounts. The banks will be free from prosecution for financing such corporations. But that doesn’t mean that all of the complications and pitfalls have been removed. (Associated Press)

The U.S. House of Representatives passed a bill Wednesday that would grant legal marijuana businesses access to banking, a measure that would clear up a longstanding headache for the industry.

The bill, called the SAFE Banking Act, passed 321-103 on the strength of near-unanimous support from Democrats and nearly half of Republicans. Its prospects in the Senate are uncertain, but supporters said the amount of Republican support in the House was a good sign.

“This is a sign the time has come for comprehensive cannabis reform,” said Morgan Fox, a spokesman for the National Cannabis Industry Association. “The fact that we got almost half the Republicans is a huge sign we’re moving in the right direction toward sensible policies.”

I suppose if we’re going to have legalized pot, this was a positive step. I’ve written here numerous times over the years about the mess that’s been created by having marijuana become legal at the state level while remaining a Schedule 1 drug and a felony at the federal level. This is an almost unique situation in the history of American law enforcement and has caused many problems.

We’ve seen people fired from their jobs in states with legal medical marijuana because their employer has federal contracts requiring them to drug test their employees. Businesses have been started up in states that legalized pot only to be shut down by the feds. And as proponents of this bill point out, businesses selling legal weed have been unable to access banking services because the banks feared federal prosecution for handling pot money. This forces some of them to deal strictly in cash, making them targets for robbery.

Of course, I’m not as much of a proponent for legal pot as I used to be. Recent revelations about lung disease caused by vaping (a popular way to intake THC) are alarming, to say the least. I think we might want to slow our roll on all vaping products until more studies can be completed.

Also, as I’ve noted here before, I’ve traditionally based my take on smoking pot to the sort of pot that was going around back in the sixties and seventies. That was typically skunk weed that would barely get someone high. (Or… so I’ve heard. Cough.) The stuff they have today is far more powerful. Further, the rising popularity of “edibles” raises questions about portion control and how much of the drug you’re taking in when eating a harmless looking brownie. We’ve also been seeing legitimate reports of increased incidences of psychosis in long-term users of this more powerful weed.

So opening up banking services for legal businesses is probably a good step to take for now. But the bigger question is whether this pot legalization is a good thing in the long run and if these products need to be more closely regulated.

The post So we’re legalizing pot banking, but not pot? appeared first on Hot Air.

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Beto: Let’s pay reparations for non-violent marijuana offenders

Westlake Legal Group Marijuana Beto: Let’s pay reparations for non-violent marijuana offenders War On Drugs The Blog Robert Francis O'Rourke reparations Marijuana Beto O'Rourke 2020 Democrat candidates

Calls for legalizing marijuana aren’t new. Calls for taxing marijuana to produce revenue at the state level isn’t new. How about we legalize marijuana at the federal level, tax the marijuana industry and use that revenue to pay reparations to non-violent offenders? That’s new.

Yes, reparations for those who have served jail time for nonviolent marijuana charges. It’s the latest big idea coming out of Robert Francis O’Rourke’s presidential campaign.

The former congressman from Texas would combine a newly regulated marijuana market with restitution for policies that resulted in lengthy prison time for low-level drug crimes. The goal is to see that those who were harmed by the strict “war on drugs” policies of the past can now benefit from the money made in the marijuana business.

“We need to not only end the prohibition on marijuana but also repair the damage done to the communities of color disproportionately locked up in our criminal justice system or locked out of opportunity because of the War on Drugs,” O’Rourke said in a statement.

The plan is on his campaign website and it is worth taking a look at, if for no other reason than to see just how far the left is going in their war on the American taxpayer. Just as other Democrat presidential candidates made a point of praising O’Rourke’s mandatory gun confiscation ideas, it will be just a matter of time before at least some of them jump on the bandwagon for a new form of reparations. His plan is mostly a pander to primary voters in minority communities but I assume it will include white people, too. The reparations will be called “drug war justice grants”, you see.

O’Rourke’s tax would seek to fund a monthly grant program he calls the “drug war justice grant,” which would be given to people who were incarcerated for marijuana offenses. The grants would be offered for a period of time based on how long they were in prison. The tax money would also support substance abuse treatment programs and assist those affected by marijuana laws with housing and job support, as well as provide help for breaking into the marijuana business.

Some of the candidates in the 2020 Democrat presidential primary have called for the legalization of marijuana. O’Rourke joins the calls from Cory Booker and Kamala Harris to expunge the criminal records of those convicted of marijuana possession. In his plan, marijuana charges would no longer to be considered grounds for denying citizenship or deporting immigrants. They are just desperate people willing to smoke what American citizens are not willing to… I’m making a joke but if marijuana is legalized and records are expunged, even those records of illegal aliens serving time on marijuana charges, then that is how the natural progression would go.

There is plenty of language in the plan that demonstrates the heavy hand of government control, as you’d expect from a leftist. O’Rourke’s plan calls for the licensing of marijuana producers, distributors, and sellers which is additional tax revenue. Licensing fees are taxes. Smoking is limited to personal residences and non-public spaces. The plan calls for establishing minimum federal sustainability standards for growers with regard to water, energy, and land-use efficiency. And there are special cut-outs (giveaways) for those convicted of marijuana charges – a monthly stipend (“Drug War Justice Grant”) for those who serve state or federal prison sentences to be allotted for the amount of time served. Funds for treatment programs would come from the new taxes, as would community investment.

But here’s a kicker. Let’s put those who have a history of drug use into the marijuana industry!

Support those disproportionately impacted by marijuana arrests, including those who have been convicted of marijuana possession themselves in participating in the marijuana businesses by providing technical assistance, industry-specific training, access to interest free/low-interest loans, and access to investment financing and legal services.

Beto has a history of pushing for drug legalization. Marijuana is the least harmful. He advocated for the legalization of all narcotics during his time on the San Antonio City Council. He now takes the opportunity to dust off the book he wrote back then and is hawking it on Twitter with the tweets on this marijuana legalization plan.

He conveniently reminiscences about calling for marijuana legalization, you’ll note. That sounds so much softer than narcotics, doesn’t it? Which leads to the eventual question – would President O’Rourke move on to all narcotics being legalized after marijuana, as he did back in the day?

None of this really matters, though. O’Rourke is circling the drain and if his tantrum calling for gun confiscation didn’t cause him to rise in the polls, as it hasn’t, then legalizing pot probably won’t either. It sure won’t make him rocket to the top of the polls. All he can hope for is for one of the top candidates to consider him as a vice-president. Or maybe a cabinet secretary.

The post Beto: Let’s pay reparations for non-violent marijuana offenders appeared first on Hot Air.

Westlake Legal Group Marijuana-300x159 Beto: Let’s pay reparations for non-violent marijuana offenders War On Drugs The Blog Robert Francis O'Rourke reparations Marijuana Beto O'Rourke 2020 Democrat candidates   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Vaping Bad: Were 2 Wisconsin Brothers the Walter Whites of THC Oils?

BRISTOL, Wis. — The drug bust shattered the early-morning stillness of this manicured subdivision in southeastern Wisconsin. The police pulled up outside a white-shuttered brick condo, jolting neighbors out of their beds with the thud of heavy banging on a door.

What they found inside was not crystal meth or cocaine or fentanyl but slim boxes of vaping cartridges labeled with flavors like strawberry and peaches and cream. An additional 98,000 cartridges lay empty. Fifty-seven Mason jars nearby contained a substance that resembled dark honey: THC-laced liquid used for vaping, a practice that is now at the heart of a major public health scare sweeping the country.

Vaping devices, which have soared in popularity as a way to consume nicotine and THC, the psychoactive ingredient in marijuana, have been linked in the last several months to nearly 400 illnesses and six deaths. State and federal health investigators have not yet determined a cause, but authorities are focusing on whether noxious chemicals have found their way into vaping supplies, perhaps from a flourishing nationwide black market of vaping products fueled by online sales and lax regulation.

The bust this month in Wisconsin, where THC is illegal, offers an intimate look at the shadowy operations serving large numbers of teenagers and adults around the country who are using black-market vaping products, sometimes unknowingly because it is difficult to tell them apart from legitimate ones.

“When we walked in there, we were like, ‘Oh boy,’” said Capt. Dan Baumann of the Waukesha Police Department. “This is what we were looking for, but we did not know it was this big.”

Key players in the operation, authorities said, were brothers barely into their 20s, Jacob and Tyler Huffhines, who lived in a small town nearby. Both are now in custody at the Kenosha County Jail. More arrests and charges in the case are likely to follow, according to the police.

Tyler, 20, is being held on charges of the manufacture, distribution or delivery of marijuana; Jacob, 23, is being held on charges of cocaine possession and of being a felon in possession of a firearm. Authorities said that Jacob was being investigated for his involvement in the drug operation.

ImageWestlake Legal Group merlin_160736919_9b23c2ff-b752-47eb-9f11-5cd77f9472c3-articleLarge Vaping Bad: Were 2 Wisconsin Brothers the Walter Whites of THC Oils? your-feed-health Tyler Huffhines Respiratory System Regulation and Deregulation of Industry Marijuana Lungs Kenosha (Wisc) Jacob Huffhines E-Cigarettes Drug Abuse and Traffic Counterfeit Merchandise Black Markets

The police raided this Bristol, Wis., condo this past week, where an alleged cannabis vaping operation took place. A neighbor described a steady stream of young men coming in and out, usually neatly dressed, and driving expensive cars.CreditLauren Justice for The New York Times

Tyler Huffines, left, and Jacob Huffhines.CreditKenosha County Sheriff’s Department

Across the country, public health officials are awakening to a massive underground market for illicit vaping products, both for nicotine and for marijuana. The products are sold online and on the streets, in pop-up stores and individual transactions, sometimes arranged through social media.

“I’d meet people at Starbucks, a cross street, in front of an apartment, wherever they tell you,” said a 17-year-old who was one of the people hospitalized for the vaping-related lung illness in New York state. He asked that his name not be used to guard his reputation and privacy.

“It never comes up where they source it,” he said. “You don’t ask.”

Investigators have not determined whether there is a connection between the Wisconsin operation and any of the cases of severe lung diseases linked to vaping. But public health officials across the country, including Mitch Zeller, director of the Center for Tobacco Products for the Food and Drug Administration, say that street-made vaping products should be avoided by all consumers and pose the greatest health risk.

Vaping works by heating liquid and turning it into vapor to be inhaled. The original intent was to give smokers a way to satisfy their nicotine cravings without inhaling the carcinogens that come with burning tobacco.

But vaping devices and cartridges can be used to heat many substances, including cannabis-based oils, and some of the solvents used to dissolve them can present their own health problems.

On Wednesday the Trump administration said it planned to ban most flavored e-cigarettes and nicotine pods — including mint and menthol, in an effort to reduce the allure of vaping for teenagers. But the move may expand underground demand for flavored pods. And it does nothing to address the robust trade in illicit cannabis vaping products.

The Wisconsin operation is wholly characteristic of a “very advanced and mature illicit market for THC vape carts,” said David Downs, an expert in the marijuana trade and the California bureau chief for Leafly, a website that offers news, information and reviews of cannabis products. (‘Carts’ is the common shorthand for cartridges.)

“These types of operations are integral to the distribution of contaminated THC-based vape carts in the United States,” Mr. Downs said.

They are known as “pen factories,” playing a crucial middleman role: The operations buy empty vape cartridges and counterfeit packaging from Chinese factories, then fill them with THC liquid that they purchase from the United States market. Empty cartridges and packaging are also available on eBay, Alibaba and other e-commerce sites.

The filled cartridges are not by definition a health risk. However, Mr. Downs, along with executives from legal THC companies and health officials, say that the illicit operations are using a tactic common to other illegal drug operations: cutting their product with other substances, including some that can be dangerous.

The motive is profit; an operation makes more money by using less of the core ingredient, THC — which is expensive — and diluting it with oils that cost considerably less.

Public health authorities said some cutting agents might be the cause of the lung illnesses and had homed in on a particular one, vitamin E acetate, an oil that could cause breathing problems and lung inflammation if it does not heat up fully during the vaping aerosolization process.

Medium-grade THC can cost $4,000 a kilo and higher-grade THC costs double that, but additives may cost pennies on the dollar, said Chip Paul, a longtime vaping entrepreneur in Oklahoma who led the state’s drive to legalize medical marijuana there.

“That’s what they’re doing, They’re cutting this oil,” he said of illegal operations. “If I can cut it in half,” he described the thinking, “I can double my money.”

The black market products come packaged looking as the THC vaping products that are legal in some states do. Sometimes the packages are direct counterfeits of mass-market brands sold in places like California or Colorado, where THC is legal, and others just look the part.

“Someone would not recognize that this is not a legitimate product,” said Dr. Howard Zucker, commissioner of the New York State Department of Health, adding that this is a tremendous risk. “The counterfeit handbag you buy on the corner is not going to kill you but the counterfeit vaping device you buy has a chance to kill you,” he said.

In Wisconsin, the neatly packaged vaping devices had logos such as Dabwoods, Chronic Sour Patch and Dank King Louie. The police say the Huffhines operation produced close to 3,000 cartridges a day. Cartridges sell for around $35 to $40.

A lawyer for Tyler Huffhines declined to comment.

Items seized in the raid at the Huffhines brothers’ home.CreditKenosha County Sheriff’s Department

Wisconsin police say they were stunned by the scope and ambition of the Huffhines operation, and only beginning to understand how far it might have reached.

It was a teenager in nearby Waukesha whose actions eventually led the police to the operation in Bristol, a town just miles from the Illinois border.

That teenager’s parents discovered that he was vaping and brought him to the police station in Waukesha. He then told the police where he got his vaping supplies; the authorities traced the sellers step by step, and several degrees of separation later, they were led to the Huffhines brothers.

The condo in Bristol, rented under a false name, was believed to be their base of operations. But on an afternoon this past week, it appeared deserted, with the blinds inside closed tightly and a dent on the front door.

Until recently, the condo hummed with quiet activity that attracted only glancing notice from neighbors. The operation employed at least 10 people, the police said, who were paid $20 an hour to use syringes to fill cartridges with oil. The Huffhineses kept meticulous records, using timecards to note when employees worked. The cartridges were sold in packs of 100, through channels that authorities, who also seized 18 pounds of marijuana and three money-counting machines, said they did not yet fully understand.

It might have been the perfect place for a drug operation, said one neighbor, who described the subdivision as a mix of busy professionals and families who do not socialize much.

Westosha Central High School in Salem, Wis., which the Huffhines brothers had attended.CreditLauren Justice for The New York Times

Another neighbor said she had thought that the Huffhines brothers had begun renting the place a few months ago, describing a steady stream of young men in and out of the condo, usually neatly dressed, and driving expensive cars.

“I can’t give my name,” she said, lowering her voice. “These are drug lords.”

Inside the Huffhines’ home in the nearby Paddock Lake community, a five-minute drive from the condo, investigators last week found $59,000 in cash, eight guns, 10 grams of marijuana, as well as scales and other drug-related paraphernalia.

At Westosha Central High School, which the Huffhines brothers had attended, they were seen as ambitious and privileged, living with their mother, a real estate agent, and grandfather in a quiet neighborhood overlooking a lake.

Students leaving school Thursday afternoon described a system of easy access to vaping devices that contain nicotine or THC, despite strict penalties from administrators if they are caught.

Students frequently vape in the bathrooms, they said, and obtaining vaping devices is as simple as asking someone for a contact.

News about deaths and injuries from vaping has been spreading throughout school, a 16-year-old said.

“People are scared of getting caught,” he added. “Now they’re scared of getting sick, too.”

Earlier coverage

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Trump Administration Plans to Ban Flavored E-Cigarettes

WASHINGTON — Trump administration officials said on Wednesday they want to ban the sale of most flavored e-cigarettes, at a time when hundreds of people have been sickened by mysterious vaping-related illnesses.

Sitting in the Oval Office with Alex M. Azar II, the secretary of Health and Human Services, and Dr. Ned Sharpless, the acting Food and Drug Administration commissioner, President Trump acknowledged that there was a vaping problem, and said, “We’re going to have to do something about it.”

Mr. Azar said that the F.D.A. would outline a plan within the coming weeks for removing most flavored e-cigarettes from the market.

The move follows increasing pressure by lawmakers, parents and educators, who have been overwhelmed by the popularity of vaping among youths, and felt powerless to keep e-cigarettes out of their schools.

Details were sparse, but officials said the proposal may include a ban on menthol and mint flavored e-cigarettes, which have been the among the most popular flavors for the industry. Research has shown that these flavors are very appealing to youths and to nonsmokers, although some vaping advocates note that they hold great appeal for smokers who want to use e-cigarettes to quit.

The first lady, Melania Trump, also attended the White House meeting. “She’s got a son,” the president said of their teenage child, Barron. “She feels very strongly about it,” he said of Mrs. Trump’s interest in the vaping issue.

What You Need to Know About Vaping-Related Lung Illness
Coughing, fatigue and shortness of breath are warning signs for anyone who has vaped within the last 90 days.

Sept. 7, 2019

Westlake Legal Group merlin_160293528_5b0b0b27-3c5e-49cf-b7eb-bb1ddce4646d-threeByTwoSmallAt2X Trump Administration Plans to Ban Flavored E-Cigarettes your-feed-healthcare Trump, Donald J Smoking and Tobacco Sharpless, Norman E Recalls and Bans of Products Nicotine Marijuana Juul Labs Inc Food and Drug Administration E-Cigarettes

Just this week, Michigan became the first state to prohibit the sale of flavored e-cigarettes. New York Gov. Andrew Cuomo also called for a ban, and Massachusetts and California are considering similar measures. San Francisco approved an e-cigarette ban earlier this year, which Juul Labs, the dominant seller in the United States, is lobbying to reverse through a ballot initiative this November.

Last week, Senator Dick Durbin, Democrat of Illinois and a longtime opponent of tobacco and e-cigarettes, warned Dr. Ned Sharpless, the acting commissioner of the Food and Drug Administration, that if the agency failed to remove e-cigarette flavors from the market, he would call for the commissioner’s resignation. After Kansas reported a sixth vaping-related death on Tuesday , Senator Durbin again slammed the F.D.A. for failing to take decisive action to protect the public from e-cigarettes.

Pressure also began to mount as Michael R. Bloomberg, the former mayor of New York, decided to step in by announcing a $160 million push to ban flavored e-cigarettes. Long an opponent of traditional smoking, the former mayor said his organization, Bloomberg Philanthropies, would seek prohibitions of flavored e-cigarettes in at least 20 cities and states.

In New York, Governor Cuomo also directed state health officials to subpoena companies that market or sell so-called thickening agents, which are sometimes added to illicit vaping products. A state laboratory, which detected the agents in vaping products collected from New York’s patients, found that they were nearly pure vitamin E acetate oil, which officials have said is a potential cause of some of the illnesses.

Hospitals and health officials in nearly three dozen states have reported nearly 500 cases of vaping-related illnesses since the beginning of the summer. Doctors have said that many patients appear to have vaped some THC or cannabis-related products, although others have reported using e-cigarettes as well. No one has singled out a particular company, device or product as the possible culprit.

Deaths have been reported in Illinois, Kansas, California, Indiana, Minnesota and Oregon. The patients’ ages ranged from the 30s to middle-aged or older, and some had underlying lung or other chronic conditions, health officials said.

ImageWestlake Legal Group 11ECIGARETTES-articleLarge Trump Administration Plans to Ban Flavored E-Cigarettes your-feed-healthcare Trump, Donald J Smoking and Tobacco Sharpless, Norman E Recalls and Bans of Products Nicotine Marijuana Juul Labs Inc Food and Drug Administration E-Cigarettes

Various flavors of Juul e-cigarettes in a store in Manhattan.CreditJeenah Moon for The New York Times

Months ago, public and agency pressure forced Juul to yank its flavored pods — which were considered to appeal particularly to youths — from store shelves. The F.D.A. said at the time that it would seek to have retailers curb access to products to keep them away from minors.

Since Dr. Scott Gottlieb resigned as F.D.A. commissioner in April, the agency has appeared to be more sluggish in its efforts to control the epidemic of youth vaping. Although Dr. Sharpless had said he planned to continue the agency’s work to reduce both cigarette and e-cigarette use, not much moved forward. Dr. Gottlieb’s proposal to ban menthol in cigarettes, for example, has languished, as has his call for reducing nicotine in cigarettes to non-addictive amounts.

That appears to have changed this week. On Monday, the F.D.A. took action against Juul, sending a warning letter accusing the company of violating federal regulations by promoting its vaping products as a healthier option than cigarettes.

There is little conclusive research on the long-term safety of using Juul or other e-cigarettes. The company’s flavor pods have a higher level of nicotine than cigarettes do, which is of concern because of the impact nicotine can have on the still-developing teenage brain.

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Coverage of flavored e-cigarettes

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Is It Time to Quit Vaping?

Public health officials have long been wary of e-cigarettes, also known as vape pens. But after an outbreak of serious lung illnesses this summer, those concerns became much more urgent.

Last week, federal health officials announced that e-cigarettes — which people can use to vaporize and inhale liquids containing nicotine or T.H.C., the high-inducing chemical in marijuana — could be behind at least 450 cases of severe lung disease in 33 states. The number of reported deaths reached six on Tuesday.

Most scientists and doctors think e-cigarettes are probably safer than regular cigarettes, though some states and cities have started to limit their use. It remains unclear just how much safer they are, especially given the recent spate of illnesses. And on Wednesday, Trump administration officials said they would move toward a ban on the sale of most flavored e-cigarettes.

Public health officials are still trying to figure out why so many people have gotten sick, and have recommended that people cut back on vaping in the meantime.

Here’s what we know so far.

The lung illness associated with vaping starts with symptoms that can include nausea, vomiting, fatigue, coughing and fever, escalating to shortness of breath that can become so extreme as to require hospitalization. Some patients have needed supplementary oxygen.

On lung scans, the illness looks like bacterial or viral pneumonia, but no infection has been found in testing.

The Centers for Disease Control and Prevention released an official health advisory regarding the illness last month. It said people concerned about the disease should “consider refraining from using e-cigarette products.”

ImageWestlake Legal Group 30VAPING1-articleLarge Is It Time to Quit Vaping? United States Smoking and Tobacco Regulation and Deregulation of Industry Marijuana Lungs Juul Labs Inc Hazardous and Toxic Substances Food and Drug Administration E-Cigarettes Deaths (Fatalities) Centers for Disease Control and Prevention

An X-ray of a patient with a vaping habit shows whitish, cloud-like areas typically associated with some pneumonias, fluid in the lungs or inflammation.CreditIntermountain Healthcare

Read more about the sickness and its symptoms.
What You Need to Know About Vaping-Related Lung Illness

Sept. 7, 2019

There are also broader concerns about the safety of e-cigarettes.

Although e-cigarettes do not contain the tar and other carcinogens of traditional tobacco products, questions remain about the effects nicotine may have — especially on young people. Some experts say that nicotine may have harmful effects on a developing teenager’s brain, and some research has suggested that ingesting nicotine can affect the heart and arteries.

There are also reports of e-cigarettes causing fires and explosions, often because of malfunctioning lithium batteries. Explosions have killed at least two vape pen users in recent years.

Vaping gained popularity in recent years as an alternative to tobacco cigarettes. According to a history compiled by the Consumer Advocates for Smoke Free Alternatives Association, modern e-cigarettes did not make their way to the United States until 2006.

By 2014, “vape” was the Oxford Word of the Year.

Read more about the long-running debates around vaping
Safer to Puff, E-Cigarettes Can’t Shake Their Reputation as a Menace

Nov. 1, 2016

As vaping became popular, mounting evidence suggested that it was far less dangerous than smoking. E-cigarette users can inhale nicotine without the deadly tar found in tobacco products, and many smokers use vape pens as a quitting aid.

But some American public health experts, led by the C.D.C., have been suspicious of e-cigarettes. And regulations have largely banned vaping product companies from making broad claims about health and harm as compared with tobacco products — at least not without extensive data.

Skeptics of the devices have warned about the potential for unknown risks, as well as the dangers of opening a new door to addiction for children and teenagers. Flavored products were considered especially worrisome, especially when it became clear that vaping products were popular with minors.

Read more about allegations that the vaping products company Juul Labs was purposely targeting teenagers.
Juul Targeted Schools and Youth Camps, House Panel on Vaping Claims

July 25, 2019

The Food and Drug Administration gained jurisdiction over e-cigarettes in 2016. Two years later, the agency mounted an aggressive campaign against the major manufacturers of vaping products that appeal to young people, focusing on Juul, a popular brand of e-cigarette vape pods. Juul stopped selling most of its popular flavored nicotine pods in stores last fall, but some look-alikes have since popped up.

On Monday, amid heightened concerns about the proliferation of lung illnesses, the F.D.A. said Juul had violated regulations by touting its vaping products as safer than traditional tobacco cigarettes.

San Francisco became the first city to ban e-cigarettes in June, and other communities have similar measures in the works. Last week, Michigan said it would ban all flavored e-cigarettes, becoming the first state to do so. Several state attorneys general have called for the federal government to ban flavored e-cigarettes, and bills to stop sales of flavored vaping products have been introduced in California and Massachusetts.

It’s still unclear what caused the illnesses this summer.

Some people who were sickened said they had vaped with oil containing T.H.C., and some doctors reported that cannabinoid oils vaporized in cartridges may have caused some of the lung inflammation.

The F.D.A. said that a significant subset of samples of vaping fluid used by sick patients included T.H.C., and also contained a compound called vitamin E acetate, which has been a subject of further investigation.

Read more about the people who have suffered from lung illnesses in recent months.
The Mysterious Vaping Illness That’s ‘Becoming an Epidemic’

Aug. 31, 2019

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Trump Administration Weighs Ban on Flavored E-Cigarettes

WASHINGTON — Trump administration officials said on Wednesday they would move toward a ban on the sale of most flavored e-cigarettes, at a time when hundreds of people have been sickened by mysterious vaping-related illnesses.

Sitting in the Oval Office with Alex M. Azar II, the secretary of Health and Human Services, and Dr. Ned Sharpless, the acting Food and Drug Administration commissioner, President Trump acknowledged that there was a vaping problem, and said, “We’re going to have to do something about it.”

Mr. Azar said that the F.D.A. would outline a plan within the coming weeks for removing most flavored e-cigarettes that are not tobacco products from the market.

The move follows increasing pressure by lawmakers, parents and educators, who have been overwhelmed by the popularity of vaping among youths, and felt powerless to keep e-cigarettes out of their schools.

The first lady, Melania Trump, also attended the White House meeting. “She’s got a son,” the president said of their teenage child, Barron. “She feels very strongly about it,” he said of Mrs. Trump’s interest in the vaping issue.

What You Need to Know About Vaping-Related Lung Illness
Coughing, fatigue and shortness of breath are warning signs for anyone who has vaped within the last 90 days.

Sept. 7, 2019

Westlake Legal Group merlin_160293528_5b0b0b27-3c5e-49cf-b7eb-bb1ddce4646d-threeByTwoSmallAt2X Trump Administration Weighs Ban on Flavored E-Cigarettes your-feed-healthcare Trump, Donald J Smoking and Tobacco Sharpless, Norman E Recalls and Bans of Products Nicotine Marijuana Juul Labs Inc Food and Drug Administration E-Cigarettes

Just this week, Michigan became the first state to prohibit the sale of flavored e-cigarettes. New York Gov. Andrew Cuomo also called for a ban, and Massachusetts and California are considering similar measures. San Francisco approved an e-cigarette ban earlier this year, which Juul Labs, the dominant seller in the United States, is lobbying to reverse through a ballot initiative this November.

Last week, Senator Dick Durbin, Democrat of Illinois and a longtime opponent of tobacco and e-cigarettes, warned Dr. Ned Sharpless, the acting commissioner of the Food and Drug Administration, that if the agency failed to remove e-cigarette flavors from the market, he would call for the commissioner’s resignation. After Kansas reported a sixth vaping-related death on Tuesday , Senator Durbin again slammed the F.D.A. for failing to take decisive action to protect the public from e-cigarettes.

Pressure also began to mount as Michael R. Bloomberg, the former mayor of New York, decided to step in by announcing a $160 million push to ban flavored e-cigarettes. Long an opponent of traditional smoking, the former mayor said his organization, Bloomberg Philanthropies, would seek prohibitions of flavored e-cigarettes in at least 20 cities and states.

In New York, Governor Cuomo also directed state health officials to subpoena companies that market or sell so-called thickening agents, which are sometimes added to illicit vaping products. A state laboratory, which detected the agents in vaping products collected from New York’s patients, found that they were nearly pure vitamin E acetate oil, which officials have said is a potential cause of some of the illnesses.

Hospitals and health officials in nearly three dozen states have reported nearly 500 cases of vaping-related illnesses since the beginning of the summer. Doctors have said that many patients appear to have vaped some THC or cannabis-related products, although others have reported using e-cigarettes as well. No one has singled out a particular company, device or product as the possible culprit.

Deaths have been reported in Illinois, Kansas, California, Indiana, Minnesota and Oregon. The patients’ ages ranged from the 30s to middle-aged or older, and some had underlying lung or other chronic conditions, health officials said.

ImageWestlake Legal Group 11ECIGARETTES2-articleLarge Trump Administration Weighs Ban on Flavored E-Cigarettes your-feed-healthcare Trump, Donald J Smoking and Tobacco Sharpless, Norman E Recalls and Bans of Products Nicotine Marijuana Juul Labs Inc Food and Drug Administration E-Cigarettes

From left, Dr. Norman Sharpless, the acting F.D.A. commissioner, Melania Trump, President Trump and Alex M. Azar II, the health and human services secretary, discussing flavored e-cigarettes in the Oval Office on Wednesday.CreditKevin Lamarque/Reuters

Months ago, public and agency pressure forced Juul to yank its flavored pods — which were considered to appeal particularly to youths — from store shelves. The F.D.A. said at the time that it would seek to have retailers curb access to products to keep them away from minors.

Since Dr. Scott Gottlieb resigned as F.D.A. commissioner in April, the agency has appeared to be more sluggish in its efforts to control the epidemic of youth vaping. Although Dr. Sharpless had said he planned to continue the agency’s work to reduce both cigarette and e-cigarette use, not much moved forward. Dr. Gottlieb’s proposal to ban menthol in cigarettes, for example, has languished, as has his call for reducing nicotine in cigarettes to non-addictive amounts.

That appears to have changed this week. On Monday, the F.D.A. took action against Juul, sending a warning letter accusing the company of violating federal regulations by promoting its vaping products as a healthier option than cigarettes.

There is little conclusive research on the long-term safety of using Juul or other e-cigarettes. The company’s flavor pods have a higher level of nicotine than cigarettes do, which is of concern because of the impact nicotine can have on the still-developing teenage brain.

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Coverage of flavored e-cigarettes

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NJ Councilman just trying to get his work done before marijuana edibles kick in

Westlake Legal Group Marijuana NJ Councilman just trying to get his work done before marijuana edibles kick in The Blog stoned New Jersey Marijuana

Apologies in advance if this looks like a headline from the Babylon Bee, but it’s not. One Democratic member of the City Council for Atlantic City, New Jersey recently took community interaction to a new level on his Facebook page. I suppose he was trying to impress upon people the importance of staying focused and getting his work done for the citizens of the city, along with some of the challenges he encounters. Among those are apparently a need to finish his work each day before the drugs kick in. I’m sure we can all relate. (NJ.com)

Residents in Atlantic City are reacting to a post on a councilman’s Facebook page suggesting that he had been ingesting marijuana edibles.

“Everyday I try to get as much done as I can before these edibles hit me…Because once they do, it’s pretty much a done done.. Ima delete this in a minute..smh,” the Thursday post on the account of Atlantic City At-Large Councilman Jeffree Fauntleroy II, a Democrat, read.

The post was later deleted, and another one appeared close to a half-hour later.

“I could care less..Everybody chill,” it read, apparently referencing comments he’d gotten in reaction to the post.

I was looking for some additional background information on the Councilman, including verifying his party affiliation, but there wasn’t a lot available. In fact, the only other “big” story I ran across was one from last year when he and the mayor of the city were arrested after getting into a brawl with some nightclub employees outside of one of the casinos. Here’s a brief video of the press trying to get some answers out of him after he entered a not guilty plea at his arraignment.

Perhaps inadvertently, the councilman is highlighting one issue that doesn’t draw a lot of attention in the marijuana legalization debate. In addition to the strength of marijuana being massively more potent than back in the day, so-called “edibles” can have very high concentrations of THC. Before you chow down on one, you really have no idea how stoned you are going to get because it’s very different than knowing how many glasses of wine you can drink before you’re impaired. Eating it while you’re supposed to be attending to your government job probably isn’t wise in any event, but it’s a factor to consider.

New Jersey is currently taking a fresh look at another attempt to legalize marijuana in the state for recreational use. Medical marijuana is already available. So I’m guessing that Councilman Fauntleroy has a medical pot card?

It must be a fairly serious condition he’s fighting if he has to take marijuana edibles every day while he’s at work. (Anger management, explaining the brawl outside the casino, perhaps?) But hopefully, he manages to get all of his tasks accomplished quickly and in a diligent fashion. We wouldn’t want him making important decisions about the future of Atlantic City after his medicine “kicks in.” Because, you know… he’d just be pretty much done done.

The post NJ Councilman just trying to get his work done before marijuana edibles kick in appeared first on Hot Air.

Westlake Legal Group Marijuana-300x159 NJ Councilman just trying to get his work done before marijuana edibles kick in The Blog stoned New Jersey Marijuana   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Ads for CBD as Cure-All Are Everywhere, but Regulation Is Scant

Scientists at Virginia Commonwealth University in Richmond, Va., were concerned when a young man contacted their department last year complaining of a heart-pounding, hallucinogenic high he had neither expected nor wanted to have.

The team, led by the forensic toxicologist Michelle R. Peace, had published a study about mysterious ingredients in vaping liquids. That’s how the man, a graduate student Ms. Peace declined to name, knew to tell it about his experience.

He said he had vaped a liquid, from a company called Diamond CBD, that contained CBD, or cannabidiol. A compound reputed to have soothing properties, CBD has been marketed by the fast-growing cannabis industry as an ingredient in sleeping masks, kombucha, Carl’s Jr. burgers and Martha Stewart-backed dog treats. It is not supposed to cause a psychoactive experience.

Ms. Peace decided to run some tests of Diamond CBD vaping liquids, some from the graduate student and some bought from the manufacturer. In four of nine samples, all marketed on the company’s website as 100 percent natural, her lab discovered a synthetic compound, 5F-ADB. That ingredient has been linked by the Drug Enforcement Administration to anxiety, convulsions, psychosis, hospitalization and death.

Diamond CBD has often promoted its products as health aids meant to “help your body to heal and recover” and “to make you feel the best version of yourself.” The company’s parent, PotNetwork Holdings, said in a statement that independent tests did not show “any unnatural or improper derivative.” The company said it planned to run more tests on its products and materials and would issue a recall if it found any problems.

The efforts of cannabis companies to go mainstream could be hampered by CBD advertising that depends on misleading or unproven claims, entrepreneurs and researchers said. Ms. Peace compared the marketing efforts of some companies to snake-oil scams in the 1800s, “when guys in wagons were selling sham tinctures in glass bottles.”

“People are taking these products in good faith, because they believe somebody is overseeing the quality of these products,” Ms. Peace said. “But there’s basically nobody.”

Hemp and marijuana are different varieties of the cannabis plant. Both produce chemicals known as cannabinoids, including CBD and tetrahydrocannabinol, or THC, a psychoactive compound associated with a high.

CBD products derived from hemp are legal to possess under a new federal law, as long as they contain 0.3 percent THC or less. In marijuana, which is not legal in many states, the amount of THC tends to be greater.

But in the gray area between state and federal regulations, and in the shifting terminology used to describe (and sometimes conflate) cannabis, marijuana and hemp, dubious promotions have proliferated. Some brands have claimed that their CBD is “a lifesaver” and an “unbelievable cure.” The Food and Drug Administration has warned companies to stop making “unfounded claims” that CBD can help treat cancer, Alzheimer’s disease, Parkinson’s disease, A.D.H.D. and opioid withdrawal.

Several tests have found mislabeled CBD products, some with more THC than is permitted. Companies have complained about competitors cloning their packaging and selling adulterated CBD products.

“This market was illegal for a long time,” said Ann Skalski, a former executive at Saks Fifth Avenue who handles branding for Double Barrel, which recently marketed a $100,000 diamond-encrusted vaping device. “It might be hard for some of the players to change.”

Cannabis products were once advertised via word of mouth or on stickers in bathroom stalls. Now, with growing support for legalization, cannabis ads have appeared in publications like The New York Times, which accepts advocacy ads on the issue of legalization.

Marketing professionals recruited from top agencies and luxury brands are working to drum up demand. Havas Creative Group, one of the largest advertising firms in the world, started a cannabis-focused offshoot in July. Within a decade, analysts expect Americans to spend more on cannabis than they currently do on their pets — a figure that stands around $75 billion.

Retail companies have spent millions of dollars to dismantle the stereotype of dazed, joint-toting slackers. After running a “Forget Stoner” marketing campaign, the marijuana dispensary chain MedMen released a commercial this year, directed by the Oscar-winner Spike Jonze, called “The New Normal.”

ImageWestlake Legal Group merlin_158909568_0d022f16-bd3e-41d8-af1f-2842d015ea53-articleLarge Ads for CBD as Cure-All Are Everywhere, but Regulation Is Scant virginia commonwealth university Virginia Marijuana Food and Drug Administration Cannabis Foods and Products Advertising and Marketing

Samples of CBD products at Virginia Commonwealth University’s lab. “People are taking these products in good faith, because they believe somebody is overseeing the quality of these products,” Ms. Peace said. “But there’s basically nobody.”CreditParker Michels-Boyce for The New York Times

Some CBD products include a balm intended to soothe menstrual cramps, sold by Whoopi Goldberg’s company. Gwyneth Paltrow’s company, Goop, has promoted cannabis products in partnership with MedMen under the Wellness section of its site. Arizona Beverages, known for its iced teas, recently announced a partnership with Dixie Brands that could create THC-infused gummies and drinks. The message: Cannabis is as American as apple pie (a popular flavor for CBD-infused oils and tinctures, along with pumpkin spice).

Many companies are careful not to make unproven claims. But rules about marketing CBD and marijuana — which vary from state to state based on what the products contain and how they are used — are often confusing and difficult to enforce. Companies claiming to have a miracle elixir may face warnings but few serious repercussions.

“There are already 500 different products, and 5,000 around the corner, and we’re doing nothing,” said John Ayers, a computational epidemiologist at the University of California, San Diego.

Mr. Ayers and two colleagues published a report this year accusing companies like MedMen of modeling their marketing campaigns after strategies used by the tobacco industry in the 1950s, including questionable health claims and techniques geared toward young consumers.

The researchers cited MedMen billboards with the slogan “Heal, it’s legal,” podcast advertisements promoting unnamed wellness treatments and a note on the company’s website that it “cannot guarantee the accuracy of any marijuana information provided.” MedMen’s products included a high school varsity jacket emblazoned with a marijuana leaf, according to the report. MedMen declined to comment for this article.

As of July, more than 30 states allow medical marijuana, while more than 10 have legalized recreational marijuana. But the D.E.A. still considers it to be a Schedule 1 drug, in the same camp as heroin, ecstasy and LSD, and marijuana advertising is restricted.

The rules for CBD are different. Legislation passed last year removed some hemp-derived CBD from the federal government’s list of controlled substances. But while the Food and Drug Administration warns that it remains illegal to market CBD as a dietary supplement or an ingredient in food and beverages, the agency has barely enforced the ban.

The agency is “using all available resources to monitor the marketplace” for deceptive advertising and is “working quickly to continue to clarify our regulatory authority” over cannabis products, said Amy Abernethy, the F.D.A.’s principal deputy commissioner, in a statement on Monday to The Times.

Since 2017, the F.D.A. has filed only nine warning letters against CBD companies. The agency “does not have the resources to go after all of the products,” said Lisa M. Dwyer, a lawyer for the King & Spalding firm, who previously held advisory roles at the F.D.A.

Cannabis marketing has limited reach, at least for now. ABC declined to broadcast an ad from Lowell Herb Company, featuring the actress Bella Thorne, during the Oscars this year, the marijuana and hemp company said. The marijuana retailer Acreage offered to spend $5 million on a 60-second advocacy message during the Super Bowl, but CBS rejected the pitch, said Joen Choe, the company’s vice president of marketing.

Paid advertising on Facebook and Google is also restricted, but many cannabis companies have still managed to promote themselves on social media. After Kim Kardashian threw a CBD-themed baby shower in April, her posts about the party most likely reached 12.3 million people, according to Captiv8, which connects brands with paid influencers.

“It’s not always clear what the line is,” said Taylor West, who handles cannabis clients for the communications firm Heart + Mind Media.

Some brands are going a different way, with ads critical of the hype. In July, CBDistillery unveiled seven billboards in Times Square that blasted brands trying to capitalize on the craze with products like CBD toilet paper and CBD condoms. The market is like the “Wild West,” said Chris Van Dusen, the company’s chief marketing officer.

“With the industry being so new, and there being so much confusion from the consumer side, companies selling gimmicky products aren’t helping the industry’s cause,” he said.

At the same time, some CBD consumers continue to experience unexpected side effects. Ms. Peace, the toxicologist in Virginia, said that in recent months she had received dozens of messages, many of them “terrifying,” from people worried that they had ingested adulterated CBD products.

“These aren’t necessarily products being marketed and sold in sketchy shops,” she said. “I’ve heard from, literally, little old ladies who walked in to their local pharmacy to purchase CBD products recommended to them.”

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Ads Pitching CBD as a Cure-All Are Everywhere. Oversight Hasn’t Kept Up.

Scientists at Virginia Commonwealth University in Richmond, Va., were concerned when a young man contacted their department last year complaining of a heart-pounding, hallucinogenic high he had neither expected nor wanted to have.

The team, led by the forensic toxicologist Michelle R. Peace, had published a study about mysterious ingredients in vaping liquids. That’s how the man, a graduate student Ms. Peace declined to name, knew to tell it about his experience.

He said he had vaped a liquid, from a company called Diamond CBD, that contained CBD, or cannabidiol. A compound reputed to have soothing properties, CBD has been marketed by the fast-growing cannabis industry as an ingredient in sleeping masks, kombucha, Carl’s Jr. burgers and Martha Stewart-backed dog treats. It is not supposed to cause a psychoactive experience.

Ms. Peace decided to run some tests of Diamond CBD vaping liquids, some from the graduate student and some bought from the manufacturer. In four of nine samples, all marketed on the company’s website as 100 percent natural, her lab discovered a synthetic compound, 5F-ADB. That ingredient has been linked by the Drug Enforcement Administration to anxiety, convulsions, psychosis, hospitalization and death.

Diamond CBD has often promoted its products as health aids meant to “help your body to heal and recover” and “to make you feel the best version of yourself.” The company’s parent, PotNetwork Holdings, said in a statement that independent tests did not show “any unnatural or improper derivative.” The company said it planned to run more tests on its products and materials and would issue a recall if it found any problems.

The efforts of cannabis companies to go mainstream could be hampered by CBD advertising that depends on misleading or unproven claims, entrepreneurs and researchers said. Ms. Peace compared the marketing efforts of some companies to snake-oil scams in the 1800s, “when guys in wagons were selling sham tinctures in glass bottles.”

“People are taking these products in good faith, because they believe somebody is overseeing the quality of these products,” Ms. Peace said. “But there’s basically nobody.”

Hemp and marijuana are different varieties of the cannabis plant. Both produce chemicals known as cannabinoids, including CBD and tetrahydrocannabinol, or THC, a psychoactive compound associated with a high.

CBD products derived from hemp are legal to possess under a new federal law, as long as they contain 0.3 percent THC or less. In marijuana, which is not legal in many states, the amount of THC tends to be greater.

But in the gray area between state and federal regulations, and in the shifting terminology used to describe (and sometimes conflate) cannabis, marijuana and hemp, dubious promotions have proliferated. Some brands have claimed that their CBD is “a lifesaver” and an “unbelievable cure.” The Food and Drug Administration has warned companies to stop making “unfounded claims” that CBD can help treat cancer, Alzheimer’s disease, Parkinson’s disease, A.D.H.D. and opioid withdrawal.

Several tests have found mislabeled CBD products, some with more THC than is permitted. Companies have complained about competitors cloning their packaging and selling adulterated CBD products.

“This market was illegal for a long time,” said Ann Skalski, a former executive at Saks Fifth Avenue who handles branding for Double Barrel, which recently marketed a $100,000 diamond-encrusted vaping device. “It might be hard for some of the players to change.”

Cannabis products were once advertised via word of mouth or on stickers in bathroom stalls. Now, with growing support for legalization, cannabis ads have appeared in publications like The New York Times, which accepts advocacy ads on the issue of legalization.

Marketing professionals recruited from top agencies and luxury brands are working to drum up demand. Havas Creative Group, one of the largest advertising firms in the world, started a cannabis-focused offshoot in July. Within a decade, analysts expect Americans to spend more on cannabis than they currently do on their pets — a figure that stands around $75 billion.

Retail companies have spent millions of dollars to dismantle the stereotype of dazed, joint-toting slackers. After running a “Forget Stoner” marketing campaign, the marijuana dispensary chain MedMen released a commercial this year, directed by the Oscar-winner Spike Jonze, called “The New Normal.”

ImageWestlake Legal Group merlin_158909568_0d022f16-bd3e-41d8-af1f-2842d015ea53-articleLarge Ads Pitching CBD as a Cure-All Are Everywhere. Oversight Hasn’t Kept Up. virginia commonwealth university Virginia Marijuana Food and Drug Administration Cannabis Foods and Products Advertising and Marketing

Samples of CBD products at Virginia Commonwealth University’s lab. “People are taking these products in good faith, because they believe somebody is overseeing the quality of these products,” Ms. Peace said. “But there’s basically nobody.”CreditParker Michels-Boyce for The New York Times

Some CBD products include a balm intended to soothe menstrual cramps, sold by Whoopi Goldberg’s company. Gwyneth Paltrow’s company, Goop, has promoted cannabis products in partnership with MedMen under the Wellness section of its site. Arizona Beverages, known for its iced teas, recently announced a partnership with Dixie Brands that could create THC-infused gummies and drinks. The message: Cannabis is as American as apple pie (a popular flavor for CBD-infused oils and tinctures, along with pumpkin spice).

Many companies are careful not to make unproven claims. But rules about marketing CBD and marijuana — which vary from state to state based on what the products contain and how they are used — are often confusing and difficult to enforce. Companies claiming to have a miracle elixir may face warnings but few serious repercussions.

“There are already 500 different products, and 5,000 around the corner, and we’re doing nothing,” said John Ayers, a computational epidemiologist at the University of California, San Diego.

Mr. Ayers and two colleagues published a report this year accusing companies like MedMen of modeling their marketing campaigns after strategies used by the tobacco industry in the 1950s, including questionable health claims and techniques geared toward young consumers.

The researchers cited MedMen billboards with the slogan “Heal, it’s legal,” podcast advertisements promoting unnamed wellness treatments and a note on the company’s website that it “cannot guarantee the accuracy of any marijuana information provided.” MedMen’s products included a high school varsity jacket emblazoned with a marijuana leaf, according to the report. MedMen declined to comment for this article.

As of July, more than 30 states allow medical marijuana, while more than 10 have legalized recreational marijuana. But the D.E.A. still considers it to be a Schedule 1 drug, in the same camp as heroin, ecstasy and LSD, and marijuana advertising is restricted.

The rules for CBD are different. Legislation passed last year removed some hemp-derived CBD from the federal government’s list of controlled substances. But while the Food and Drug Administration warns that it remains illegal to market CBD as a dietary supplement or an ingredient in food and beverages, the agency has barely enforced the ban.

The agency is “using all available resources to monitor the marketplace” for deceptive advertising and is “working quickly to continue to clarify our regulatory authority” over cannabis products, said Amy Abernethy, the F.D.A.’s principal deputy commissioner, in a statement on Monday to The Times.

Since 2017, the F.D.A. has filed only nine warning letters against CBD companies. The agency “does not have the resources to go after all of the products,” said Lisa M. Dwyer, a lawyer for the King & Spalding firm, who previously held advisory roles at the F.D.A.

Cannabis marketing has limited reach, at least for now. ABC declined to broadcast an ad from Lowell Herb Company, featuring the actress Bella Thorne, during the Oscars this year, the marijuana and hemp company said. The marijuana retailer Acreage offered to spend $5 million on a 60-second advocacy message during the Super Bowl, but CBS rejected the pitch, said Joen Choe, the company’s vice president of marketing.

Paid advertising on Facebook and Google is also restricted, but many cannabis companies have still managed to promote themselves on social media. After Kim Kardashian threw a CBD-themed baby shower in April, her posts about the party most likely reached 12.3 million people, according to Captiv8, which connects brands with paid influencers.

“It’s not always clear what the line is,” said Taylor West, who handles cannabis clients for the communications firm Heart + Mind Media.

Some brands are going a different way, with ads critical of the hype. In July, CBDistillery unveiled seven billboards in Times Square that blasted brands trying to capitalize on the craze with products like CBD toilet paper and CBD condoms. The market is like the “Wild West,” said Chris Van Dusen, the company’s chief marketing officer.

“With the industry being so new, and there being so much confusion from the consumer side, companies selling gimmicky products aren’t helping the industry’s cause,” he said.

At the same time, some CBD consumers continue to experience unexpected side effects. Ms. Peace, the toxicologist in Virginia, said that in recent months she had received dozens of messages, many of them “terrifying,” from people worried that they had ingested adulterated CBD products.

“These aren’t necessarily products being marketed and sold in sketchy shops,” she said. “I’ve heard from, literally, little old ladies who walked in to their local pharmacy to purchase CBD products recommended to them.”

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When the Law Says Using Marijuana Is O.K., but the Boss Disagrees

Smoking pot cost Kimberly Cue her job.

Ms. Cue, a 44-year-old chemical engineer from Silicon Valley, received an offer this year from a medical device manufacturer only to have it rescinded when the company found out that she smoked prescription marijuana to treat post-traumatic stress disorder.

“My email was set up with the company,” she said. “My business cards were printed.” But after a pre-employment drug test came back positive for marijuana, a human resources representative told her the job was no longer hers.

“I’ve lost all confidence in the process,” said Ms. Cue, who ultimately took a different job, at 20 percent less pay. “I’m so frustrated and so irritated. I should be able to be upfront and honest with my employer.”

The relatively rapid acceptance of marijuana use in the United States has forced lawmakers and employers to grapple with how to adapt. Last month, Nevada passed a bill prohibiting the denial of employment based on a positive test for marijuana. In Maine, employers may not discriminate against people who have used cannabis, but state law does not specifically regulate drug testing. And under a bill overwhelmingly approved in April by the New York City Council and awaiting Mayor Bill de Blasio’s signature, employers would no longer be able to force job applicants to take drug tests for marijuana use.

ImageWestlake Legal Group 00weedtest-articleLarge-v3 When the Law Says Using Marijuana Is O.K., but the Boss Disagrees Workplace Hazards and Violations Unemployment Tests (Drug Use) Quest Diagnostics Inc Marijuana Policy Project Marijuana Labor and Jobs Human Resources Fiat Chrysler Automobiles NV Apple Inc

The Marijuana Policy Project rented 60-foot-wide billboards in New Jersey, like this one on Interstate 80 near Hackensack, to protest the National Football League’s position on marijuana in 2014.CreditAlex di Suvero for The New York Times

“If the state is saying someone can use marijuana for responsible adult use then why should we care what someone does when they’re off work?” said Steven W. Hawkins, the executive director of the Marijuana Policy Project, an advocacy group.

In fact, marijuana is legal in some form in 33 states and the District of Columbia. The district and 10 states allow recreational use. (Illinois will join the group next year; New York and New Jersey appear to be headed in that direction.) Surveys in 2017 and this year showed that millions of Americans used cannabis with some regularity.

Some employers have already changed their policies on pre-employment drug screening, and not just to address the dissonance in punishing someone for using a legal substance. With unemployment so low, companies are finding that testing for marijuana adds an unnecessary barrier in hiring top talent.

“With an economy that’s humming along, employers are desperate,” said Jim Reidy, a lawyer with the firm Sheehan Phinney in Manchester, N.H., who regularly advises large corporations on drug-testing policies. “If they have these rigid drug and alcohol policies and drug testing at the pre-employment stage, where marijuana was still on one of the panels, they found they were otherwise losing out on qualified candidates.”

Last year, Caesars Entertainment, one of Nevada’s largest casino companies and employers, said it would no longer test candidates for marijuana. A company press officer called such testing “counterproductive” and acknowledged that it might be eliminating good candidates. Cannabis is legal for recreational use in Nevada, and Las Vegas is dotted with dispensaries.

Apple, too, has changed course. “In general, we have stopped testing most candidates and have never done testing of current employees,” the company said. “We continue to do pre-employment drug testing for a limited number of positions that have a safety risk.”

There is also federal law to contend with. Employers with federal contracts or those whose employees are licensed through federal agencies are legally required to screen job candidates for drugs, including marijuana, which remains a Schedule 1 drug in the federal government’s view. And Transportation Department rules frequently require companies in the industry to screen for drugs when hiring for safety-sensitive positions.

In a survey conducted in 2011, a year before Colorado and Washington became the first states to pass ballot questions legalizing marijuana for recreational use, the Society for Human Resource Management and the Drug and Alcohol Testing Industry Association found that 57 percent of employers conducted drug tests on all job candidates. In recent years, “more and more companies are dropping marijuana from pre-employment testing,” Mr. Reidy said.

But not all are doing so.

“I will tell companies frankly and honestly that I will fail the test,” said Nicole Perez, who recently moved to a more marijuana-friendly part of California. “And that’s usually when the interview ends.”CreditNicole Jean Hill for The New York Times

In Fresno, Calif., Nicole Perez, 32, recently applied for a receptionist position at a trucking company only to be ruled out when she disclosed her cannabis use.

“I don’t feel like I’m doing anything wrong and have anything to hide,” said Ms. Perez, who recently moved to Eureka, Calif., in Humboldt County, where marijuana is more widely accepted. “So I will tell companies frankly and honestly that I will fail the test. And that’s usually when the interview ends.”

Marina Dobbie of Pine Grove, Calif., has limited herself to applying for jobs that do not test applicants for marijuana, after losing out on a copywriter job years ago after a positive test.

“Now when I see a drug test is involved I don’t even bother,” Ms. Dobbie, 55, said. “I filter myself out.”

Drug-testing policies affect more prominent professions, as well. David Irving, a former defensive end with the Dallas Cowboys, preferred marijuana to treat his playing-related aches to the team-prescribed painkillers.

Mr. Irving had to lie, and cheat on his urine test, for his job. “I would rather have just been honest and straightforward with them, but I knew that wasn’t a reality,” said Mr. Irving, who is 25 and an ordained youth minister. “I was going to be the first person in my family to make that type of money. I needed to do what I needed to do to get into the N.F.L.”

Courts have upheld the right of employers to set and enforce drug policies.

In a 2008 medical marijuana case, the California Supreme Court ruled that an employer could refuse to hire an applicant who tested positive for cannabis, even if it was legally prescribed for a disability. And in 2015, the Colorado Supreme Court ruled that Dish Network was legally allowed to fire a quadriplegic man who used medical marijuana at home, because the drug was still illegal under federal law.

David Irving, left, at the Dallas Cowboys’ training camp last June. He’s now out of the N.F.L. and has been outspoken about the league’s marijuana policy.CreditBrandon Wade/Associated Press

Furthermore, most states, when they legalized marijuana use, gave employers the explicit right to discipline an employee for violation of a workplace drug policy or for working while under the influence.

Fiat Chrysler Automobiles in Michigan, a state that legalized recreational use last year, tests all of its employees. “A positive test for marijuana use will disqualify a candidate,” the company told The Detroit Free Press. When contacted by The New York Times last month, the company added that its rules barred possession or use at work.

Josh Hovey, who served as communications director for the campaign to legalize recreational marijuana in Michigan, said he had met regularly with the state Chamber of Commerce and local businesses before the referendum. “And a lot of what they were concerned with was their H.R. policies,” he said.

In other states, like Minnesota, where medical marijuana is legal and 19 Fortune 500 companies are based, there has not been as much interaction between lobbyists for legal marijuana and the business community.

“We have not really seen large companies reach out to us about this issue,” said Leili Fatehi, campaign manager for Minnesotans for Responsible Marijuana Regulation.

Change came quickly to the states, but on the front lines of drug tests, there is a decided lag.

Quest Diagnostics compiles data on more than 10 million drug tests a year. Only a small number of companies have struck marijuana from the list of drugs they screen for, and nationally, roughly 99 percent of all general work force drug tests include marijuana.

“For the most part it hasn’t had a large effect in those recreational-use states and no measurable effect in the medical marijuana states,” said Barry Sample, Quest’s senior director for science and technology.

There have been subtle but real differences at the state level. From 2015 to 2018, the number of companies in both Colorado and Washington that included marijuana on their drug-testing panel dropped just under 4 percent. In Nevada’s first year of legalization, marijuana testing among employers fell more than 8 percent.

For Mr. Irving and others, each sign of a decrease in testing for marijuana is a small victory.

Last month, the N.F.L. and its players’ union announced the creation of a committee that will study alternative methods of pain management, including marijuana. Mr. Irving, who since leaving the N.F.L. has been outspoken on the league’s marijuana rules, sees it as much as a humanitarian issue as a legal or even equal-rights one.

“As players we need to stand up for what’s right and stick together,” he said. “But if we all remain afraid and quiet, nothing’s ever going to change.”

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