Spicer’s Press Statements on Legal Cannabis: Don’t Panic

 

by Dominic Corva, Social Science Research Director

Yesterday’s White House press conference comments about the Trump Administration’s approach to legal cannabis sent the cannabis press into a frenzy of fear, anger, and a little hysteria. A superficial reading of Press Secretary Sean Spicer’s comments signaled the first clearly negative tone about Department of Justice (DOJ) enforcement against State-legal cannabis/marijuana experiments, but let’s take a closer look at what he actually said and add some context to defuse some of the hysteria about a “crackdown” while pointing towards what it actually might mean.

The first thing to notice is that Spicer said nothing about enforcement against State legal cannabis based on Federal conflict. Rather, Spicer echoed Jeff Sessions’ earlier comments about whether the 2014 Cole memo itself was being enforced, and consistently referenced existing policy structures at the federal level. Further, the question he was responding to was from an Arkansas reporter concerned about Arkansas’ recent medical cannabis legislation. It’s clear this response was meant to reassure Arkansas, which is why Spicer really didn’t say much new about recreational cannabis.

He begins by making a distinction between medical and recreational cannabis, highlighting a general Administrative perspective that not only favors medical cannabis in principle, but respects the existing Congressional appropriations rider that forbids DOJ enforcement against medical cannabis businesses that are compliant with State law. The link I provide here not only describes the legislative directive, but reports on the Court victory that gives it more legs than just a directive. This means the DOJ has already lost an effort in the judicial branch to overturn it. The DOJ doesn’t like losing money and court battles, so we can read this as doubly-armored protection for existing Federal medical cannabis policy.

Arkansas, Spicer is saying, is safe to proceed with constructing a medical cannabis regime. A second reporter jumps on the distinction he made, which was meant to highlight how Arkansas medical cannabis isn’t in danger, between recreational and medical cannabis. And he punts it to the DOJ.

At 2:35: “that’s a question for the Department of Justice, I do believe that you’ll see greater enforcement of it.”

The question is, what does he mean by “it”? In all likelihood, he means what Jeff Sessions clearly meant in his confirmation hearings when he discussed the Cole memo.

This is what he said: “”I think some of them are truly valuable in evaluating cases,” Sessions said Tuesday about the [Cole] guidelines. ‘But fundamentally, the criticism I think that was legitimate is that they may not have been followed. And using good judgment about how to handle these cases will be a responsibility of mine.””

The Cole memo guides DOJ enforcement policy, not against legal cannabis, but against legal cannabis diversion to other states, to minors, to double-dipping (using legal cannabis businesses as a cover for State-illegal market operations), drugged driving, and so forth. This means that the Feds reserve the right to enforce against legal cannabis businesses where State enforcement is deemed insufficient.

This is extremely different from “cracking down on legal cannabis.” My reading concludes that the Feds reserve the right here to supplement State enforcement of their own legal cannabis businesses that are not in fact compliant with State law.

The caveat here is that this is probably a much, much larger portion of the legal cannabis market than States would admit. Oregon cannabis organizer John Sajo has distinguished between “tightly regulated” and “tightly controlled” cannabis markets. The former is basically political theater, in which seed-to-sale tracking systems are effective because they exist, rather than because they work very well. Why they wouldn’t work very well isn’t hard to see from inside a legal cannabis business, but no one — especially not State regulatory agencies — has any stake in advertising the fact that there are simply not enough human resources to comb through thousands of hours of surveillance data before they can be destroyed in a 30-day window, for example.

“Tightly regulated” should be seen for the political theater that it is, reassuring key worriers (the Feds, State governors, legislators, the anti-cannabis culture that remains dominant even in legal cannabis states) that there’s nothing to see here because we are compliant with the Cole Memo. “Tightly controlled” is a prohibition fantasy, as it always has been especially with respect to a plant.

The take here is that Spicer, via Sessions, has indicated that the DOJ will do some enforcement of the Cole memo, against market participants not State systems, not that the DOJ will “crack down on” legal cannabis regimes wherever they might be. I would hazard to guess that Cole memo enforcement is probably more likely in Colorado, rather than Washington and certainly nowhere there isn’t even a legal system in place yet. It takes at least 2 years from initiative passage to market and oversight functionality, so Oregon is kind of the next closest in terms of viable enforcement logic, and they have recently passed the stage where Spicer’s comments would be particularly relevant (ie, when unregulated adult purchases were permitted at licensed medical stores).

Nothing in the press conference indicated that the Feds were coming after public officials or attempting to stop legal cannabis implementation in say California. This didn’t stop California and Washington from “signaling” right back, just in case. It should be noted that both of these States have been making political hay out of refusing to cooperate with Federal immigration enforcement under the Trump administration, too.

The Trump administration, if it is consistent with anything, is consistently nationalist. Which means most of its political enforcement theater will be directed at issues that can be attributed to things that come from somewhere else, such as the greatly exaggerated supply of cannabis from transnational criminal organizations aka “Mexican cartels.”

Then there’s the matter of resources for a “crackdown,” which would be politically difficult. Trump’s DOJ is extremely busy doing other things that will undoubtedly take a toll on their prosecution budget as well as test the limits of the public’s tolerance of Executive freestyling. It’s an open question whether his base would support much DOJ activity that would run counter to state’s rights issues that don’t directly implicate cross-border trade and migration.

Cannabis politics are pretty diverse and often right-wing — there’s nothing inherently progressive about schemes to tax and regulate something that is consumed like a commodity by so many. After four years of ethnographic immersion, it seems to me that Whole Plant, Whole Society politics remain limited to legacy farmers, cannabis culturalists, and medical patients — none of whom are served very well by cannabis legalization.

From this perspective, the hysteria over Spicer’s comments yesterday is particularly flavored by commodity cannabis interests, on the one hand, and anti-Trump State politics on the other. Those who’ve been involved with cannabis policy longer than say two years aren’t particularly fazed by what the Feds do or what the States say, primarily because we recognize how this is not so much something new as an organic evolution of Prohibition culture and democratic authoritarianism at large.

 

 

 

 

 

 

 

 

 

 

Whole Plant Politics 2017 and Beyond

Dr. Ethan Russo, who is a true inspiration for Whole Plant Politics, keynoting CASP's Original Terpestival (TM) in Hopland, Califonria, July 23 2016.
Dr. Ethan Russo, who is a true inspiration for Whole Plant Politics, keynoting CASP’s Original Terpestival (TM) in Hopland, Califonria, July 23 2016. Photo by Hillary Bernhardt.

by Dominic Corva, Social Science Research Director

I have written a great deal this year about the difference between medical cannabis politics and legal cannabis politics, which are the two most powerful expressions of post-prohibition politics available in the U.S. today. I say this because it is these two forms that have successfully rolled back prohibition laws and practice, so far in the form of voter initiatives between 1998 and 2016. Let’s get concise about their definitions, which are drawn from the legitimating discourses that have accompanied their formal electoral victories. I’m also going to do something controversial and say that these are primarily logics of production and distribution, rather than consumption. I will address this omission as I go along.

Legal cannabis politics are defined by one, and only one discourse of legitimacy, even if it’s two words: Tax and Regulate. The reason there are two words is because they literally cannot exist without each other, Oregon’s brief experiment notwithstanding: cannabis must be regulated by the State for the State to lay claim to revenues associated with its markets. And the cost of implementing regulation isn’t coming from extra cash the public sector has lying around: it has to be taxed in order to be regulated. And it’s the fact that cannabis is taxed and regulated that legitimates the freedom to consume, not the other way around.

Medical cannabis politics are defined by two multiple and sometimes contradictory discourses of legitimacy.

  1. This is because the word “medical” has multiple and sometimes contradictory meanings in our society. The dominant discourse of legitimacy around “medical” in this country is “professional”: medicine is practiced by experts authorized by their objective distance from, not relationship with, patients as the subjects of their care. Professional medicine is sometimes contradictory and multiple because many medical professionals are militant, preferring pharmaceutical-industrial standardized health care in which patients are objects of care rather than subjects with expertise on what is happening to their own bodies. And many medical professionals are heterodox, constantly observing available evidence to support or reject other approaches to care and the patient’s own subjective care of the self. Let’s call this form of medical politics “industrial” or “pharmaceutical” medicine. For militant pharmaceutical politics, what seems to work for patients is irrelevant, because they have not been to medical school and are not licensed by formal authorities. The doctor knows best. This works pretty well in a country where medical care is practiced by strangers on strangers — how can doctors know of this object of care is lying or being duped? There is no relationship of trust to work from.
  2. Since the 1960s, the practice of medicine by “objective” experts has been challenged formally by a movement within the US for the freedom to practice what are formally called “alternative and complementary” approaches to health. These include traditional and non-Western approaches to healthcare, and usually involve herbal (simply processed whole plant, retaining complex molecules) rather than pharmaceutical (technologically molecularized and standardized) medicine. Let’s call this form of medical politics “herbal” or “traditional” medicine. Herbal medicine is by definition a fuzzy category, encompassing Chinese, indigenous, woman-centered (think midwifery), and a host of other practices that have nothing to do with each other but share one bit of common ground: the freedom of the patient, the subject of care, to choose what seems to work for them. This works pretty well in social context where the caretaker and the cared-for know and trust each other — a pre-industrial context that isn’t at all extinct but pretty common if not majoritarian in this particular country. Lots of people do have primary care physicians, or the same doctor all their lives, but it’s relatively unusual in a privatized health care system rather than a public health care system. Lots of people who can’t afford healthcare go years without seeing a doctor, and follow jobs and career opportunities to distant places.

So we have two categories of cannabis politics, within which one of these categories is internally inconsistent and potentially at odds. It should be easy to note here that they don’t have to be at odds, but they are structurally produced at odds in the rest of society so why wouldn’t they be for cannabis as well.

These two categories of politics also don’t have to be at odds. There is nothing in the legal cannabis political paradigm that demands one form of medical politics over the other; or that cannot accommodate cannabis as medicine. So why are we at a point where the promotion of legal cannabis seems to be accompanied by a demand for one kind of medical politics, industrial-pharmaceutical, over the other? And why are we at a point where medical cannabis politics are afraid of and resist legal cannabis politics?

The answer lies in the difference between discursive political logics — the reasons stated for moving beyond prohibition politics — and the material support available to these logics.

  1. Legal cannabis politics have been, until Ohio’s failed 2015 attempt, funded primarily by “grass-tops” organizations interested primarily in cannabis politics as a form of civil rights politics. This is materially expressed as a matter of criminal justice reform. The Drug Policy Alliance concerns itself with “open society” civil rights, where the ACLU concerns itself especially with mass incarceration and criminal justice reform. Neither organization cares the slightest what the politics of legal cannabis are, whether they are in conflict with medical or economic politics. Both are focused on rights, not justice, and it’s not the rights of cannabis users that of concern. And we wouldn’t have post-prohibition laws without them. Cannabis user organizations, primarily NORML, failed spectacularly to legalize cannabis in the 1970s, when they had the chance. They didn’t just fail, they failed hard — our national cannabis politics turned authoritarian in a way that would have blown every anti-war hippie’s mind. For a decade, no one thought the right to consume cannabis had any relevance as a political discourse in this country until grassroots mobilizations like the Cannabis Action Network, funded by illegal pot dealers like Steve Deangelo, emerged at the end of the 1980s. And while these were emergent, they may or may not have been destined for irrelevance.
  2. Contemporary Medical cannabis politics emerged out of the HIV/AIDS crisis at the end of the 1980s and 1990s. The Bay Area, as an enclave of cannabis consumer politics, was also the center of HIV/AIDS politics in the context of a national failure to care for a certain kind of sick person — people with different sexual orientations. That’s the alchemy embodied in the life and work of Dennis Peron, who started California’s Prop 215 effort that was carried to completion by Drug Policy Alliance. The national failure to care for people of different sexual orientation was, let’s be clear, totally homophobic and in that sense pre-Enlightenment in character. But it was Federal policy to deny that medical cannabis could help dying people in any way shape or form, despite overwhelming evidence to the contrary presented by patient-focused doctors like Tod Mikuryia, who was himself a defector from the Federal industrial-pharmaceutical paradigm. This shameful, genocidal Federal policy was the context for medical cannabis politics and how they changed the politics of every cannabis producer, distributor, and consumer especially on the West Coast, since 1996.

Medical cannabis politics were forged in the fires of a national healthcare emergency, the clear failure of militant pharmaceutical-industrial medicine to care for patients and in fact the transparently unjust politics of anti-care that resulted. The difference between medical ideology and patient care efficacy was never so clear to State publics in American history, and voters responded by passing extremely broad decriminalization statutes in the late 1990s. The politics of medical cannabis achieved something that the politics of rights had failed (maybe even destroyed), which was the legitimacy of post-prohibition cannabis politics.

What followed, for the next 10 years, was a period in which legal protection may not have been guaranteed, but it opened the possibility for people — not just patients, but providers — to legally protect themselves. And in the United States, that mean lawyers had a whole new field of work, too, challenging the legality of prohibition-policing. And patients, as consumers, became able to self-provision on the one hand and become more directly connected to cannabis producers on the other.

This is because, economically, the legal shield created by broad medical decriminalization acted as an international Industrial Policy. Cannabis producers here began to truly compete with historically international imports, which by the mid-1990s were primarily from Mexico and produced after the fashion of large-scale industrial agriculture. Domestic sinsemilla prices fell dramatically between 1996 and 2010, from $6000/lb wholesale to $1200/lb. In 2010, a California drug task force use a UN methodology to estimate that 60-80% of U.S. cannabis consumption was being supplied by California growers. They intended this message to support more eradication and interdiction within California, but in so doing they highlighted an unintended consequence with enormous socially beneficial implications: the economic weakening of Mexican drug trafficking organizations. Of course, the subsequent focus of Mexican DTOs on the coca-cocaine commodity chain would contribute to massive political and economic destabilization we still see today in Mexico after the Calderon Administration took power in 2006.

This is an ongoing dynamic. We are still capturing share from international organized crime, especially since the price crash of 2010 made our high quality cannabis prices competitive with those of Mexican brickweed.

So the political economy of medical cannabis production remains relevant, even while it has become politically controversial with respect to the political economy of legal cannabis.

The aim of this essay is to identify conflicting post-prohibition cannabis politics, on the one hand, and seek a synthesis in which those conflicts are resolved, because they are not necessary. If they aren’t necessary, they are political — subject to alternative approaches but limited by available material support for such approaches.

Material support for post-prohibition politics have been transformed by the creation of legal cannabis markets through the funding of organizations that do not give a damn about legal cannabis markets, other than that they be taxed and regulated. How they are taxed, and how they are regulated, is where the different political approaches materialize.

With legalization comes a whole new set of actors that choose how to influence how cannabis is taxed and regulated. This set of actors is just like the set of actors that influence how everything else in society is organized: with money paid to lobby legislators in the interest of profit. The failed 2010 Ohio initiative was their first material effort, but the successful 2016 California initiative is their first material victory, a model for future successful post-prohibition change.

The private sector, most prominently Facebook moguls Sean Parker and Peter Thiel, rather than grasstops NGOs played the pivotal funding and messaging role for Prop 64. Up until the spring of last year or so, this was not the case. Prop 64 was a DPA initiative, until Sean Parker’s support of the DPA initiative was inverted into DPA support for Sean Parker’s initiative. It seems that at some point, DPA’s Prop 64 funding (at the time, quoted to me at $5 million) seemed to be mostly coming from Parker anyway, so Parker and the DPA decided to invert control. It’s not clear how much this changed the initiative itself, but for growers the main regulatory difference between MCRSA (an overhaul of 1998’s broad statute passed in 2015 by the legislature) is the permittable size of regulated grow operations. These are now 5 acres, as opposed to say Washington’s largest permittable legal grow at 30,000 square feet.

It should be stressed that this is substantially different from the failed Ohio initiative, which sought a 10-person monopoly for cannabis production. And it’s also substantially different from agricultural regulations, which don’t to my knowledge put any limit on how big one’s farm can be.

The main critique of this private-sector-led regulatory approach is that it creates an economic injustice problem. This is a controversial perspective, and strongly divided advocate support for Prop 64 in California. Many cannabis consumers really don’t care how their cannabis is grown or by whom, as long as they don’t risk prison to possess or consume it. And consumers outnumber cannabis producers and distributors who this affects, by tens of millions.

The fact that cannabis legalization seems now to mean agricultural economic centralization doesn’t bother most Americans, much less most cannabis consumers. This is a political problem, for supporters of economic justice at large — not just supporters of decentralized cannabis production.

We can think of this as parallel to the industrial/traditional medicine conflict. Heterodox industrial medical professionals and herbal medical practitioners have made tremendous progress towards institutionalizing the legitimacy of herbal/nonWestern/traditional medicine since the 1960s (it’s not a coincidence, eh hippies).

Now, the minority politics of economic justice for cannabis producers has to find and work with the minority politics of economic justice in the U.S. and, I might add, the rest of the world. Your arguments are theirs. They don’t seem to have made much headway in the U.S., given the dominance of Consumer politics through the most marketized society the world has ever known. It doesn’t matter how our food is producer, where, or by whom: what matters to the U.S. Consumer is the lowest price and the greatest ease of access for everything.

The most successful economic justice movement of our time, and that’s not saying much but it does say a lot about the politics of possibility, is the Conscious Consumer movement. Conscious consumption politics reject the militant absolutism of low prices, and express their preference for commodities that may be more expensive, but are successfully branded as “Free Trade,” “Organic,” “small-scale,” “local,” and so forth. This is not a politics that is outside the system: it’s quite capitalist and depends on conscious brands to be able to succeed in highly competitive marketplaces. It’s “postcapitalist” in the sense that while exchange value (price) still dominates the logic of transaction, it’s not the only value that matters for the transaction.

That means that there is an alternative to conflicting economic politics of post-prohibition. It won’t happen naturally, and it won’t be terribly successful without coordinated organization that learns from the Fair Trade movement et al.

But let’s put a name to it, provisionally, as a heterodox political discourse. We need something that captures the common ground of lots of different logics at work here. Let’s call it Whole Economy politics, for now, because I need that to make this final point.

Cannabis markets are relevant to cannabis medical politics because there would be no medicine, in either the traditional or pharmaceutical fashion, without the black, gray, and white markets that give patients (as well as “adult users”) access to outcomes that challenge the basic premise of cannabis as a Schedule I controlled substance, without medical value.

Many medical cannabis patients respond well to non-standardized cannabis consumption. Many medical cannabis patients respond well to more standardized, refined cannabis products. The politics of medical cannabis that seems not only most appropriate but reflective of existing medical politics tolerate a heterodox and alternative approach to medicine, focused on patient experience and reports as well as double-blind clinical trials. There’s room for both, politically, and technically to rid our society of the harm of prohibition — all of it — it makes no sense to prohibit herbal and patient-focused approaches to cannabis medicine. It’s not only unnecessary, it is contrary to ending the drug war. Let’s call this heterodox approach “Whole Medicine” medical politics. It really means not excluding alternative and complementary approaches to modern medicine, when it comes to cannabis. So, everything.

In a parallel fashion, absent logical irregularities most evident in the Washington model’s ban on home grows and strict possession limits, there’s room for decentralized market production. We still have our Tier 1, 3000 square foot legal cannabis producer license here in Washington, and somehow many of these remain in business. The prospect of commodity-style industrial production (which is WAY bigger than even our largest, formally prohibited but materially tolerated multiple license operations) is a Bummer for decentralized production. But craft cannabis producers can carve out and grow market space, generally by organizing cooperatively and mastering “Whole Economy” branding.

The parallel logics converge on the concept and the practice of the “Whole, ” or holistic social organization. The logics are inclusive, cooperative, creative, and open space for experiments in creating a better approach to medicine, the economy, and society at large.

When it comes to cannabis, Whole Economy politics and Whole Medicine politics are really about cannabis as a plant with which our species has had a largely peaceful and mutually beneficial coexistence, with some exceptions, until the 20th century rolled around. Michael Pollan’s Botany of Desire (1995) really made this point well, and not just with respect to cannabis.

So I suggest that there is a concept that can be named, that includes all peaceful approaches to creating a post-prohibition society: Whole Plant Politics. The challenge is to define peaceful approaches that move us towards the moment when cannabis is just a plant, and doesn’t require politics at all to grow. This is our task for 2017 and beyond.

 

What and whither post-prohibition cannabis politics after 2016?

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The outgoing president as a young man. Photo credit unknown.

by Dominic Corva, Social Science Research Director

The national landscape for post-prohibition cannabis laws changed substantially in November as eight states delivered change: four out of five legalization and four out of four medical voter initiatives. California, Maine, Nevada, and Massachusetts passed taxe-and-regulate recreational laws; and Arkansas, Florida, North Dakota and Montana passed medical cannabis initiatives. Only Arizona failed at the ballot box this year, and to understand why one would have to dig into my home state’s strange brew of right-libertarian-Mormon politics. Briefly, however, it’s important to remember that Arizona voters passed the most radical drug reform initiative in the US back in 1998, as it included other schedule I substances besides cannabis, but implementation was blocked by various state elements. It also has an extremely liberal authorization policy — I know Humboldt growers that use an online Arizona doctor who apparently has prescription authority in both States.

This analysis, however, is about how to make sense of cannabis politics in a national context after the Big Whale, California, has embarked upon its own tax-and-regulate journey. This comes tightly on the heels of a substantive update to its 1998 medical law, 2015’s Medical Cannabis Regulation and Safety Act (MCRSA). MCRSA actually is a year into developing and implementing regulatory rules that will “absorb” Prop 215’s tax and regulate provisions, so California already has a running start on the materialization of its legal landscape.

There are at least three aspects to cannabis politics I want to address. I want to use this space to open up questions and define terms, each of which can be developed further. I will introduce three here, and elaborate on one. This is because I started this essay intending to address all three, but the first one filled out into a post of its own.

First, now that the simplifying and “black and white” political discourse of election season is behind us, what are post-prohibition cannabis politics, beyond getting either tax-and-regulate or medical initiatives passed? The election season brought into sharp relief major differences amongst proponents of cannabis legalization.

Second, how do the surprising national election results, which bring a different political party with a very, very different administrative cadre to power affect how legalization landscapes play out at the State level? Whither the Cole memo, is the fundamental question.

And third, where do we go from here with respect to “medical” and “legal” discourses for post-prohibition politics? Can they be complementary, or will the polarizing election trend in which proponents of one have to discredit the other continue to divide whatever it is we call cannabis culture?

The first one: What are post-prohibition cannabis politics?

Post-prohibition cannabis politics refer to any approach for replacing the Federal/Global ban on cannabis as a Schedule I controlled substance. These include at least: rescheduling, descheduling, taxing, regulating, prescribing, recommending, authorizing, growing, distributing, banking, profiting from, losing money on, researching, and consuming cannabis sativa (hemp varieties included). This array of formalized stakeholders do not share a common interest, other than operating in a legal and policy environment associated with State-experimental “laboratories of democracy.”

The ecology of prohibition politics is much simpler and cohesive than the array of post-prohibition possibilities, but for the latter the main obstacles remain the Controlled Substances Act of 1971 and the 1961 UN Single Convention on Narcotics and Controlled Substances, which was updated in 1973 to complement the US turn to medical prohibition rather than the 1937 Marijuana Tax Act, struck down in 1969 by the Supreme Court in Leary v. United States.

Post-prohibition stakeholder interests diverge considerably. The benefits of State-legal cannabis experiments are popularly promoted as social, on the one hand; and financial, on the other.

“Grass-tops” funding for State initiatives from organizations like the Drug Policy Alliance, the ACLU, and the Marijuana Policy Project have shared an explicitly social political logic beyond “cannabis shouldn’t be prohibited”: criminal justice reform, usually with primarily racial justice benefits associated with mass incarceration.

Financial benefits to State experiments have two, maybe three, distinct and not always complementary logics. First, direct revenues go to both the public sector, through taxes, and to the private sector, through “profits.” The third is consumers. Indirect revenues accrue primarily to real estate, finance, and ancillary services.

In 2016, across the country, public sector coffers are empty. This is why arguments for “sin tax” rates resonate with policy makers. In Washington State, this discourse has primarily driven legislative changes from targeted social policy budgets (schools, research, and so forth) to the general fund, because Washington has been sued by the Federal government for not fulfilling its basic public education mandate.

In 2016, across the country, private sector profits accrue to “industry” at large but within “industry,” revenues are captured by retailers and distributors rather than producers of commodities. The US farm sector is an anomaly, given its vast subsidies that primarily benefit industrial domestic agriculture, at the expense of small farmers home and abroad. Even then, the basic story of our postwar economy is one in which huge retailers dominate commodity producers, seeking the lowest wholesale cost in order compete by providing the lowest possible prices to consumers. For the rest of the economy, this has happened by outsourcing production to places where labor is cheapest. This is called the “race to the bottom” by critics, and it certainly applies to cannabis as well, given the prohibition risk differential between cost of production and wholesale prices.

In 2016, across the country, consumers have consistently rewarded retailers who master the race to the bottom. However, the conscious consumer movement has gained substantial market share over the last decade or so: this refers to consumers who are willing to pay more for items that can be branded as, for example, “fair trade” or “equal exchange.” This is most obvious for coffee. Consumers have also rewarded “craft” or “boutique” commodities. This is most obvious in the Pacific Northwest with respect to craft beer and microbreweries.

The reason I say “maybe” to consumers as a class that directly benefits financially from legal cannabis lies between the “race to the bottom” and the conscious consumer movement. Anyone with experience in cannabis retail, of any sort, has to recognize that cannabis consumers include low-price seekers, on the one hand; and cannabis culture-oriented consumption.

This may be uncomfortable news to many in the cannabis culture, but the evidence doesn’t lie. Most of the market seems to be totally normal, American-as-apple-pie-at-WalMart, low price seekers. Oaksterdam founder Richard Lee broke the news way back in 2010’s Prop 19 initiative campaign. Lee, the primary funder of that initiative, told me the month before its fate was decided that the market looked a lot like the beer market, in which Coors and Bud take in the vast majority of the revenues. That hypothesis has been confirmed in Washington State, where controversial retailer Uncle Ike’s proudly embraces and extolls the virtues of a race to the bottom, high-volume, low-price approach that helps them lead the market. One could even hypothesize that this is what kept the Mexican exporters dominant until about 10-15 years ago, despite the subpar, mass-produced brickweed it made widely available. Consumers may want high quality cannabis, but they certainly want cheap cannabis.

So a class of cannabis consumers who constitute a majority of the market –let’s call them “commodity consumers” may benefit, but only if legal prices fall below gray- and black-market prices. That’s not a given, certainly not initially. This is for at least two reasons: State taxes, and diverse, non-flower product availability.

State taxes that are set too high create a heavy inertia to legal cannabis prices. It’s not that a 37% tax, a la Washington, can’t be accompanied by a $3 gram. But wholesale prices have to really plummet before that tax is adding only $1.11 to the gram instead of, say, $3.70 to a $10 gram. And the lower the price goes, at some as yet undetermined elasticity factor, the less State revenue becomes. And State legislators want to maximize their revenue.

Second, we use flower and flower prices as a proxy for what is by now a much more diverse cannabis product market, especially on the West Coast. Approximately 40% of medical cannabis revenue derived from concentrates and edibles. And concentrates and edibles have much more complex and expensive basic testing requirements — so much so in Oregon that small processors who can’t do larger lots or win the volume revenue race are in danger of outright extinction. On the plus side, legal cannabis processors in a mature system benefit from MUCH lower raw material costs than informal markets.

Finally, what’s good for low-price industrial consumers is not necessarily what’s good for consumption, in general. Cheap, mass produced food is not actually healthy relative to organic, small-scale production. If, as seems to be the case, legality is consolidating industrial approaches to production and consumption, then consumers are not better off just because they have cheaper weed. As always, though, the access question should be considered. Post-prohibition Cannabis won’t just be cheaper: it will be more accessible (Washington’s unnecessary medium-term retail bottleneck notwithstanding) , and that may be a social benefit.

I’m not sure, or rather, I’m sure it’s a mixed bag. Many, many people will now get the chance to develop a peaceful and healthy relationship with the plant that did not before. However, many, many people will now get the chance to develop a negative relationship with the plant because they pull a Maureen Dowd and freak out on edibles. I’m not one of those people that thinks cannabis works well with or for everyone. I’ve seen many otherwise positively disposed people get very anxious with even the slightest puff.

So, what are the post-prohibition politics of the plant?

They are the competitive and complementary negotiations of all the above reasons for and results of legalizing cannabis. Most concretely, of course, they are the power effects of the different stakeholder groups angling to maximize the financial benefits of a successful criminal justice reform movement. Cannabis culture, for which the exchange value of the plant is just one piece of the value puzzle, seems so far to have minimal input or effect on the formal politics of cannabis legalization. But the cultural politics are there, and they include what remain values heretical to modernity: herbal medicine, syncretic spirituality, whole earth consumption.

This is the depressing dynamic that makes me reluctant to engage in a public conversation that can only be about things that do not matter (much) to me: private sector ideologies of industrial production and consumption. This includes industrial-pharmaceutical approaches to cannabis as medicine. But even if it is ideologically depressing to me, it is of immense social value to understand how formal sector politics and markets encounter and transform a plant that isn’t just banned anymore.

I will turn to assess the other two significant contemporary questions for 2017 before leaving for the Emerald Cup in Santa Rosa next week. By way of transition, let me say that the complex ecology of politics and markets addressed here as “post-prohibition” isn’t terribly complex when it encounters the ongoing continuation of Federal prohibition, so how Federal prohibition changes is pretty important for everyone. And the new administration is likely to be at least a little bit discontinuous with the previous one.

So that’s next, the Federal prohibition landscape. After that, I will address how the relationship between medical and legal cannabis politics is changing, and plead for a “whole plant” politics in which they are not at odds.

 

The Endgame is Local

California Board of Equalization (BOE) crew, featuring Fiona Ma, at the end of the Light Dep tunnel on a Spring 2015 BOE tour.
California Board of Equalization (BOE) crew, featuring Fiona Ma, at the end of the Light Dep tunnel on a Spring 2015 BOE tour.

by Dominic Corva, Social Science Research Director

The mission of our nonprofit research organization is to “learn lessons from legalizing landscapes.” Endorsing or not endorsing legalization initiatives is not part of what we do, but given what I am about to say, it seems important to highlight my personal opinion — not the endorsement of this 501(c)(3) organization — that I am positively disposed towards the passage of all 9 legalization initiatives, plus all the medical ones, on ballots this election season.

That said, state-level legalization is one significant part of ending the war on drug plants as we know it. As lifelong cannabis grower, activist, and organizer John Sajo of Douglas County, Oregon keeps telling people, the endgame is local. Right now the Umpqua Cannabis Association is fighting a ban on legal cannabis cultivation in Oregon, a situation that illustrates the limits of state-level legalization and highlights how the endgame of ending cannabis prohibition is local. Let’s review why that is the case before critically examining intra-cannabis discourses for and against legalization.

It’s pretty simple. As long as Federal prohibition stands, and maybe even after, localities will be allowed to opt out of state-legal rules and regulations that permit cannabis cultivation, processing and sharing (not so much with consumption except with respect to where one can consume, interestingly).

This is fundamentally because local jurisdictions have the right to zone, period. They also have the trump card of suing States in Federal courts for their right to ban, outright, but even if they don’t do that, they can zone cannabis businesses out of the landscape.

Legal cannabis business owners will have to change or consolidate local political buy-in to realize the possibility (not the promise!) of actually operating a taxed and regulated business. There are at least two aspects to the endgames of local politics.

The first aspect to local politics is that formal zoning decisions are made by City and County councils. And those councils are responsive to the political constituencies that elect them; and stakeholder institutions with which they are already enmeshed. Law enforcement is probably the most significant stakeholder institution that has to buy in to the rules, zoning and otherwise, that affect the possibility of local cannabis legalization, because local law enforcement enforces local rules (as well as State and Federal ones, though discretion is fundamental to practices of enforcement and discretion is shaped by local enforcement culture as well as local political pressure to enforce or not enforce. Humboldt County, California is a great example of this. Law enforcement could pick and choose, on any day of the week, where and who to police, without ever running out of people to police. And that’s exactly what happens.

The second aspect to local politics is cultural. Local Councils are elected, and they respond to the organized expression of voters who elect them. They don’t respond, by the way, to unorganized expressions of voter interest. There are ways to be heard and engaged with; and there are ways to be heard and then marginalized as the result of how voters express themselves and to whom they seem to belong (desirables and undesirables, basically). Local voters organize around a variety of cultural values.

The variety of cultural values include basic opposition to cannabis because of stigma: “cannabis is bad.” It’s a form of bio-racism, really, and I mean that both literally and symbolically as many voters hate the perceived race of those who are associated with it, culturally.

But it’s not just the irrational bio-racist that stimulates the continuation of local prohibition. It’s the rational bio-racist voter, the one who voted for legalization, just not in their back yard. It’s the one whose local agricultural industry is impacted by rising real estate prices and competition for inputs, or even local industrial economic power. It’s the one who thinks that having cannabis businesses nearby drives down their home values. It’s the one who keeps reading about edible overdoses. And yes, it’s the one who is sickened by industrial greed, which has always been with us because greed has always been with us, but who is finally able to see it nakedly flying the flag of legal cannabis. It’s the voter that does not understand the relationship between cannabis prohibition and the institutionalization of racialized mass incarceration in this country. And it’s the voter who thinks that they are protecting the children — at least, their children, because they don’t understand how cannabis prohibition is incredibly bad for children and families who are already politically and economically invisible in this country: the poor, and people of color.

So, what are cannabis stakeholders getting angry at each other about? Not much of the above, and very little about what’s still to be done after legalization. Here are some observations about that:

  1. Voter initiatives are unlikely to fail or succeed based on how cannabis people, pro or con, decide to vote. That applies to growers especially, who represent such a miniscule percentage of the voting population as to be pointless. Yes, Humboldt County will vote no. Humboldt County also voted something like 80% for Bernie Sanders in the primary.
  2. Cannabis consumers are estimated to represent about 10% of the population. Latino voters represent 12% of the population, much greater in California — especially in Southern California, where they are predominantly against cannabis, period. This is cultural-religious, and goes wayyyyy back, since Mexico actually prohibited cannabis before the US did, and Latin American countries — despite what you might think — have prohibited cannabis and other drug plants for their own analogous reasons (hint: they have racial and class politics, too).
  3. The vast majority of the yes/no votes for legalization will come from normal political demographics: Baby Boomers (who gave us the drug war!), religious groups, women, people of color. These are the people to focus one’s energy on, not other cannabis people who disagree with each other.
  4. The Prop 64 organizers are definitely focusing on swaying non-cannabis voters; as well as doing a little hysterical stigmatization of totally insignificant cannabis voter blocs, like growers and medical cannabis retailers. These are two very different groups usually at industrial odds, with retailers having captured significant margins for the last 10 years as the wholesale price per lb dropped significantly while the retail price per gram barely budged.
  5. Eyes on the prize, yes or no on Prop 64-ers. Mudslinging contests make the endgame of local political work — which has years if not decades in front of it — much, much harder. Here’s a couple of ways:
  6. Yes on 64 people, when you stigmatize and paint everyone who opposes you with the same broad brush, you are cutting off your nose to spite your face. Greedy industry, onerous tax burdens, pesticide problems, corruption, problematic real estate, local bans and moratoria await you on the other side of State-legalization. In fact, most of the really greedy people from pre-legalization have enough capital to get into State-legal schemes. The people who won’t be able to be a part of it are the ones who have not been greedy. In fact, get working on barriers to entry to build bridges for historically marginalized groups because legality isn’t going to change that and probably will make it worse.
  7. No on 64 people, when you stigmatize and paint everyone who opposes you with the same broad brush, you are cutting off your nose to spite your face. This is the wildly successful outcome of your effort to Overgrow the State. You are the ones who domesticated cannabis agriculture — you are the ones who defeated external producers often associated with violent organized crime. You are the ones who kept the plant alive and available enough to make what’s happening now possible. You are the ones who risked life and limb every step of the way to do so. You may not have planned to end the war on drug plants (many of you actually did plan for that) and take away a key tool for unjust, racial, and genocidal State incarceration and punishment, but you made it possible.  This is your opportunity not only to own what you’ve done politically, but to finally bring Economic Justice to the Public Conversation in an age where all such organizing seems to fail for lack of funds.

I’ve tried to avoid calling anyone in particular out, and to avoid promoting anyone’s point of view in particular other than John Sajo, whose life and work embody the best politics of the plant to which I aspire, and I hope inspire others to listen with extreme non-prejudice. This is the moral ground on which I stand, but it’s also the strategically political ground on which I hope others can too. There’s a whole lot of behavior going on in the public discourse around cannabis legalization this electoral season, but implying that anyone who disagrees with you is evil or representative of broad positions only stigmatizes the people of the plant and postpones the endgame of the war on drug plants, which goes way beyond cannabis and towards a more ecologically healthy society.

 

 

 

The 2016 Original Terpestival™ Terpene Tournament™ Winners Hopland, CA

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Beautiful Cannabis artwork on display from our vendor Cathy Lee Art of San Diego

by Dr. Michelle Sexton, Co-Founder and Medical Research Director

The Original Terpestival™ and Terpene Tournament™ has  again offered local craft cannabis producers and processors the opportunity to showcase their top genetics and compete for terpene characteristics of finished cannabis product. The Center for the Study of Cannabis and Social Policy (CASP) reached another milestone in this successful fund-raising event, held this year in Hopland CA on July 23rd.  CASP is a 501c3 tax-exempt organization that collects and disseminates information about cannabis policy and markets in the context of state-level experiments in democracy, affected by Legal Cannabis laws, rules, and regulations.

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Dr. Ethan Russo addresses the Terpestival™ crowd!
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“Terpenes and Growing” panel with Jim Fullmer from Demeter Association, Envirocann, Sunshine Johnson from Sunboldt Farms, and moderator Don Wirtschafter

Dr. Ethan Russo, an internationally recognized Cannabis historian, Board-certified neurologist, psychopharmacology researcher and Medical Director for Phytecs  was the keynote speaker. For the competition, SC Labs provided the quantitative analysis of terpenes and judges also sampled the entries. We are grateful to our many sponsors and vendors who came out for hot fun in the summer time at a unique facility, The  Solar Living Institute. We hosted three very educational panels on Processing and Terpenes, Growing and Terpenes, and Terpenes in Health and Ritual. The event was well-attended and we received incredible reviews for this one-of-a kind educational boutique event! Awards were presented on the basis of both quantitative and qualitative results.

One category of award was for the highest total amount of terpenes that were quantified (out of 35 commonly found in cannabis species). The aggregate results across all samples revealed some interesting data. The flower average terpene content was 1.4%  Because the event was away from harvest time, there may have been loss of terpene content over time, depending on storage conditions. Only rarely will flower have more than 4% total terpenes, which is pretty amazing given the potent aroma of the plant!

As you can see from Figure 1 the total terpene variability in concentrate  is notable, and is due to differences in extraction protocols and extraction efficiency for the terpenes.   Specifically in Figure 2 you can see that 2/3 of the solventless extracts (CO2 accepted) actually did not concentrate monoterpenes, and sometimes had less of the individual monoterpenes than the flower samples. Only beta-carophyllene is significantly being concentrated in most of the samples while cannabinoids are typically increased 4-fold or more.  The terpenes are an important chemical class that differentiate chemovars from each other. However, if they are being lost in the process, perhaps this raises the question of whether products should be sold under the same name as the original varietal that the concentrate was made from. Also, because the monoterpenes have been reported to have their own biological effects, with their loss it is to be expected that the overall effects would be quite different!

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Figure 1: Total Terpene Aggregate Results. Average for flower is 1.4% and for concentrates 9.7%


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Figure 2: Total Terpenes in Low-end concentrates. This graph is the individual terpenes in the concentrates from Figure 1 that were less than 4% total. Beta-caryophyllene and limonene were the two terpenes that were significantly concentrated.

The winner for Highest Total Terpenes in an extract, as well as for most of the terpene categories was from Paradigm for their terpene extraction of “Indica Jello Terps”. Paradigm is the largest woman-owned extraction facility in California, owned by Karyn Wagner. Interestingly, based on the judges comments, these highly concentrated terpene products are not desirable for inhaling on their own. As Karyn agreed, they are a useful intermediate product that could be implemented for combining back with more viscous extracts in lieu of using propylene glycol, glycerine, polyethylene glycol or MCT oil (all of which may be harmful to human health when heated and inhaled), so that they are pourable for filling cartridges, or for use in tinctures. Paradigm also was awarded second and third place for Blue Dream Dreamer and AK47 Shotgun.

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Figure 3: All concentrates with winners. Notably absent from all of the concentrates is terpinolene, an unusual compound that provides interesting effects ranging from stimulating (mind) for some, to body relaxing and anti-psychotic for others. We opted give an award for highest linalool instead.
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Figure 4: Terpene content in flower. The spread for each terpene that we gave awards for, along with the winner and placers (in order) in each category.

Highest Total Terpenes for Flower was awarded to Dirt Ninja for their Grapefruit OG. Second place was Silly Strawberry by Sunboldt Grown, and third place went to Sage and Sour Kush from Ethereal Collective. Figure 4 shows the total terpene distribution across flower entries with the winners in each class alongside.

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An event volunteer rocking the t-shirt with her own design!

We gave judges’ awards based on their subjective feedback provided in a survey form. Rick Pfrommer selected the judges, and following part of our event theme (women-centric) , we had 50% of women judges and one gender neutral individual. They were aged 30-49 and 63% had a bachelors level degree. We asked them to rank each sample based on smell, taste, visual appearance, smoothness of smoke and overall effect. They scored these elements on a scale from 0-5 indicating whether the terpene dominated the smell and taste, was somewhat present, neutral, faintly present or none detected. We asked them to rate the overall effects such as physically stimulant, or relaxing with the answers of very, somewhat, neutral, very little or absent. They also scored entries for visual appeal and “smoothness”.

Most Stimulating:

Flower                                                                       Extract

ChemDog x SFV Ethereal Collective                      Oil Spill                     Humboldt Oil Cartel

Sherbert              Ethereal Collective                      Sour OG                     Talking Trees Farm

Grapefruit OG     Dirt Ninja Farms                        Purple Lotus CBD    Ethereal Collective

Most Sedating:

Flower                                                                       Extract

Sherbert             Ethereal Collective                       Sour OG:                  Talking Trees Farm

Butter OG          Ethereal Collective                       Girl Scout Cookie   Talking Trees Farm

Silly Strawberry Sunboldt Grown                          Blood Orange          Nexus Alchemy

Finally we awarded a “Best of Show” for flower and extract.                                        One grower, Ethereal Collective, swept the flower category with 1st, 2nd and 3rd placings for Chemdog x SFV, Butter OG and Sherbert. Best of show for an extract went to Nexus Alchemy for Blood Orange, 2nd place was for Oil Spill by Humboldt Oil Cartel, and 3rd was for Girl Scout Cookie by Talking Tree Farms.

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           Women Swept the Awards at the Terpene Tournament™!! From left, Dirt Ninja Farms, Karyn Wagner of Paradigm, Sunshine Johnson of Sunboldt Farms and Ethereal Collective.

It was notable this year that so many women won awards, and in fact swept the awards for terpenes and for the judge’s categories!   Some of the comments from the judges for the Ethereal Collective’s flower entries were: “Beautiful nuggets of intense flavorable terps”; “well-rounded”; “lushed well and cured well”; “amazing terps from the dry drag to the clean burn”; and “hats off to this farmer!”.

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 Dr. Dominic Corva with the trophies awarded to the winners.  Winners also received the laboratory analysis from SC Labs along with judges’ comments that they can use for marketing.  

One take-away message from the event is:   “don’t let your cannabis selection be defined just by the cannabinoid profile”.   The terpene profile needs to be used along with the cannabinoid profile for the end-user to be an educated connoisseur.  Our entrant took home the complete cannabinoid and terpene profile analysis from SCLabs along with judges’ comments that can be used for constructive feedback and product marketing.  There is a growing trend in the cannabis industry to make efforts at preserving the terpenes during extraction, as well as during curing of the cannabis flower.  We urge those who are producing these extracts to use laboratory analysis for process monitoring.  If you know the terpenes in the flower, then this can guide the extraction process. Quality has always been defined to the growers by the terpenes and the same should apply for extracts!

Our deepest gratitude goes out to all of those who worked so hard to organize the event, among them Allison Edrington, who did a spectacular job as the event coordinator, and Rick Pfrommer who rallied for the judging process- performing the tedious tasks of dividing up and delivering samples to the judges. We are grateful to all of the sponsors and vendors who took their time to participate and make the event a success! Thanks to all who entered their products and for those who attended the event. CASP appreciates you and says a big “thank you” for the ongoing support of our organization and the work that we do at CASP!  And a special thank you to Dr. Dominic Corva who had the vision and impetus to found the organization and carry on in spite of the challenges around raising financial support for the sometimes controversial work that we publish!

 

 

Terpestival Gratitude

 

Rick Pfrommer, Dominic Corva and Michelle Sexton lead the Terpene Tournament award ceremony at the 2nd annual Terpestival on July 23, 2016.
Rick Pfrommer, Dominic Corva and Michelle Sexton lead the Terpene Tournament award ceremony at the 2nd annual Terpestival on July 23, 2016.

by Dominic Corva, Terpestival™ Producer and Social Science Research Director

Two weeks ago we pulled off the second annual Terpestival™ and Terpene Tournament™ , in Hopland, California. This year’s unique, boutique event was located in California due to new legal restrictions on cannabis events in Washington State, and we succeeded with a very large amount of West Coast social capital. This social capital is comprised of  goodwill, volunteer labor, and even a little straight up donation. This post highlights the amazing support generated in support of our annual fundrasing event. Our gratitude will be presented in (somewhat) chronological order.

First, this would not have happened without the support and labor donated by Wonderland Nursery, directed and executed by Kevin Jodrey , his shop manager Dylan Livingearth and the rest of the team at the nursery. Their guaranteed  10 entries  that were either hustled from their vendors or donated off their shelves!  Wonderland donated 5 entries and delivered 9 others to supply almost half the entries.  Thank you Kevin and Wonderland for your undying support of the CASP Mission!

Rick Pfrommer coordinated the judging  and delivery to SC labs for  17 entries: 6 from Emerald Pharms vendors, 9 from his own networks, and  he accommodated 2 late entries hustled by Jane Stewart of SC Labs, our host testing donor. The late entrant drove his entries to Rick from Santa Cruz and Rick personally delivered those and the other 17 entries to the judges.  Rick executed this singlehandedly and our hats are off to him and his volunteer efforts!  Rick also played a key role introducing us to event sponsor Jessica Peters of Moxie Meds, in the Bay Area, and created the most gender-diverse judging panel that has ever judged a cannabis cup. Rick is an amazing friend that I met in Humboldt a few years back, and look forward to collaborating with in the future.DSC_0059

I should note that our entrants reflected our social network, which is especially rich with amazing women in the cannabis industry. We are very proud to have had such a strong female and gender-queer representation at the event!

Our event staff was cobbled together from our social networks as well. Dr. Tony Silvaggio, our CASP-affiliated Humboldt State environmental sociologist brought members from the lacrosse team he coaches and his awesome partner,Kandis Kelsey,  a dear friend of mine . They worked security, parking, and spent some time manning the gate.

Dr. Michelle Sexton’s partner, Dr. Darryl Bornhop, contributed considerably in every volunteer capacity we needed. This included working for more than an hour, with Michelle, in the taco truck to accommodate the lunch rush.

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Dr. Bornhop entertained guests at the “Aroma Bar” discussing the chemistry of terpenes, extraction techniques, and separation science.

CASP Board member Don E. Wirtschafter contributed not only his welcome and familiar presence to the event, but true to his Rainbow Family ethic, coordinated the  grounds sweep and clean-up after the event. Don and I were the last to leave. Donnie also pinch-hit for a moderator that couldn’t make it at the last minute!

Debby Goldsberry,  who unfortunately had to back out at the last minute for moderating to the Terpenes and Growing panel,  was instrumental. Magnolia Wellness served as strategic  drop-off point for entries in the Bay Area.  Debby was also  a judge for the competition. Debby is a great friend, a fellow veteran of the Cannabis Action Network from the late 1980s and early 1990s, and has provided me personally with mentorship and moral support these last four years.

DSC_0072Our event coordinator Alison Edrington was a rock for CASP during the entire 6 months of planning. She literally propped us up on occasions when the going got tough!  It was her direct collaboration with the host site owner and cannabis retailer, Emerald Pharms, that took us to the finish line.

Allison also brought my friends Dani Burkhart and Thomas Edrington (her husband) to Hopland for help with staffing the event. Thomas created what I believe to be an event innovation: he set “Pokemon Go” lures all over the event, which not only kept the staff happy in the hot sun but provided another invitation to passers-by to discover the event.

The Real Goods Solar Living Center donated the space for the event free of charge, with only a request for insurance. Emerald Pharms itself was a lure for the event: we had many folks who came by to purchase cannabis that stayed for the event. Manager Chelsea Lucich and her staff were terrific hosts, creating the vending spaces in a shady spot on the deck of the dispensary.

Martin Lee of course provided  inspiration for the location and was a key resource for for the Real Goods Solar Living Center and Emerald Pharms to be a key part of the fundraiser.

Dr. Ethan Russo once again provided his wealth of knowledge on terpenes and how they modulate cannabinoid bioactivity as the keynote for the day.  We had a packed tent and a rapt audience primed for education!  We are grateful for his participation in our second fundraiser and for the generous donation of his time and expertise!  DSC_0224

Cuauhtemoc Villa, whom I had the pleasure of moderating at the Golden Tarp event in Southern Humboldt last year, did an amazing job moderating our Terpenes in Health and Ritual panel at this year’s event. On his way out, he stopped by the gate to deliver a ceremonial organic tobacco gift in recognition of CASP’s efforts to produce and promote real education about cannabis.

Frenchy Cannoli was asked to assume a different role than he’s used to, that of panel moderator rather than panelist. His moderation was thus superbly informed and interested by emerging issues and questions around the subject of cannabis extraction.

We are also indebted to our generous sponsors,  first to SC Labs / EnviroCann  for providing the quantitative testing for the terpene content at no cost, but in exchange the Isoprene Laboratory Sponsor.  Alex Dixon and his crew were integral to the experience and contribution to the education.  We are  grateful to our Sesquiterpene Sponsors,  Terpinator  and Thinc Pure. Thank you to TD Cann, Moxie Meds and SoHum Seeds for their Monoterpene level sponsorship!   We are forward looking to our next year’s event and wait for the announcement of where it will be located!   Please contact us if you are interested in partnering for an event in your area, where you can highlight local expertise and locally grown product as well as educate the public on how to be cannabis connoisseurs!

Please read on to learn more about the awards and analytics!

 

 

Imagining Cannabis Communities

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by Dominic Corva, Social Science Research Director

Today’s post examines the meaning of “community” as it intersects with both “culture” and “cannabis.” Let’s start with anthropologist Benedict Anderson’s concept of “imagined communities” (the title of his 1983 publication). Anderson’s big contribution to social theory reconstructs the meaning of community as a signifier of common identity, especially as it applies to the emergence of national identities. Really he was taking part in a social theory turn that was about how social identities are constructed and performed, rather than biological or natural. A good example of this is the concept of “race,” which before the 20th century was a term applied to ethnic and national identities rather than common skin tones: the Irish race this, the Italian race that, and so forth. It was all about the process of defining Selves and Others, and usually had a territorial as well as biological connotation. A community is a group of people who are imagined to be like each other, and nations are “imagined communities” in the sense that all their differences get subsumed under a few common identity markers, one of which is having a place of origin or belonging in common.

But having a place of origin or belonging in common, and having that marker of identity mobilized, can often mean that a great deal of internal difference is being erased, often violently. Okies from Muskogee can only be Okies from Muskogee if they don’t smoke marijuana or take LSD, according to Merle Haggard, but Dr. Sunil Aggarwal has often contested that assertion. If it’s true, then he doesn’t get to belong to the place he grew up. Hence nationalism — and all other imagined community identities — are political: who gets the final word depends on power in social relations, not who’s technically right. The power to define community is the power to include or exclude.

So what’s the cannabis community, exactly. I experience a lot of positive and a lot of negative meanings associated with that post-ethnic identity marker, which can be and sometimes is framed in terms of nationalism. Some mourn the loss of community as cannabis becomes commercialized and inserted into the formal capitalist economy. Some celebrate the opening of cannabis community membership into the ecology of legally sanctioned communities subsumed under national, State, and local identities. What’s the Washington cannabis community like, and so forth.

The challenge for this post isn’t to define what “the cannabis community” is or might be, though I have a few strong feelings about it. The challenge for this post is to identify community formation as an ongoing and vital part of social survival. Communities are always being lost, broken, made, healed: they are created by performing common ground, and they have to be constantly re-created and renewed to gain political and economic purchase on the ecology of community formations in society that aren’t punished for existing.

I must admit I’m pretty ambivalent about “cannabis community” as a singular concept, sweeping up difference under the rug of community. I find that when it’s singularly deployed it tends to be either deployed as a brand, on the one hand, for getting people to buy things; and as a stigmatized group that isn’t allowed to participate in “modern” legal cannabis markets, events, or even spaces outside one’s own home on another end. I find it more useful as a term of aspiration or auto-critique, usually associated with efforts to be together on something or an acknowledgement that the failure to renew community and mobilize it in a productive fashion has created missed opportunities for the cannabis peace movement from which we should learn.

That’s not terribly specific, I know, but this is not a space for dictating how folks who’ve found cannabis therapeutic in their lives should shape their identities. I’m specifically anti-identity in many ways: I’m less interested in what we have in common than how we can peacefully coexist despite our differences, because we are interdependent at the very least in the spaces we share.  But the practice of calling a community together can help considerably in the search for peaceful coexistence.

The way we are organizing for peaceful coexistence involves the production of popular education events. Our Terpestival is a whole plant conference: the focus on Terpenes helps decenter approaches to centralize the meaning of cannabis, and therefore what cannabis communities can be. That problem of centralized meaning is not just a negative power function — “dangerous drug”, signifier of “Bad Actor,” and so forth — but a positive power function with negative effects. The focus on low cost THC production for prohibition markets has dramatically limited non-cannabis communities’ willingness to step away from stigma and let the plant be a plant.

That model, interestingly, is now being perpetuated in Washington’s legal system for public and private reasons. The State wants revenue, and it gets the most revenue when retailers copy the prohibition market’s tendencies toward highest THC and lowest prices. At the same time its onerous regulations make THC information on the label the most reliable information available to consumers (and budtenders) who aren’t allowed to smell the flowers or sample the product. Combine that with the McDonald’s fast-food high volume business model and it’s no wonder cannabis is becoming just another commodity here. And communities based on commodities have a name: industry. Not much room for cultural difference and community formation there, except as ways to brand, market and sell things.

Which is, I suppose, the proverbial American way. It’s the familiar same-old centralized national identity subsuming all of the differences that constitute our social ecologies under the generic flag of consumer identity. It works, for a lot of people in the cannabis industry — especially the new ones, intent on producing a tornado of creative destruction out of which they build their empires of exclusive wealth and individual glory. I’m just not into it.

But it’s not enough to be “just not into it.” If I want cannabis community — and I desire a cannabis community of decentralized differences that peacefully coexist — I have to create spaces where other people can understand what I desire and desire it with me. Also at the same time I have to navigate the social ecology of acceptable and tolerated communities who feel threatened by my cannabis-positive values. I have to understand what they are afraid of, and not get frustrated that their fears are irrelevant even if they aren’t based on evidence. And I have to find and work strategically with people who share my values and are able to act on them.

This last point is crucial. The re-criminalization of medical cannabis in Washington State has meant that for the last year at least, people who share my values — chiefly, that cannabis is a plant with many, many beneficial uses and the problems attributed to it are caused mostly by its prohibition and stigmatization — have been losing their jobs, losing their margins, and transitioning to a new system in which margins are vanishingly small and controlled by people who put profits over social peace. Washington’s model of legalization has certainly made cannabis communities everywhere more afraid of legalization, and that can’t be a good thing.

It’s not a good thing for a lot of reasons, but I’ll point out an especially Big One. Cannabis legalization is first and foremost about getting people out of jail and ending the drug war — both of which affect communities of color disproportionately. It’s not really about cannabis, it’s about the practice of prohibition — which was never about cannabis, but about social control. We need legalization to happen to end the drug war. It’s that simple. But we need models of legalization that care for the hundreds of thousands of people that see themselves part of a community that is under attack. There’s no reason why ending the drug war can’t also promote livelihood continuities and broader spaces of social peace. No reason at all.

But there are no cannabis peace stakeholders at the table, because cannabis communities have always been marginal to society. They aren’t at the table even to write initiatives anymore — that process is clearly being privatized. That marginality is cultural, not just “forced” upon cannabists: cannabis consumption, production and distribution under conditions of prohibition have been carried out largely by people who are culturally disobedient — the counterculture.

This is a fundamental tension that prevents cannabis communities from having a voice in how things are changing. What’s to come is going to depend on how people imagine their communities, and whether those people find a way to act together and actually perform those communities.