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Cannabis News

Discussion in 'Cannabis News and Activism' started by vtac, Jun 26, 2008.

  1. OldNewbie

    OldNewbie Well-Known Member

    Messages:
    2,190

    I wrote about this theory a long time ago. It is especially bad because it has a legitimate legal theory on which to get recovery and the argument can be made by most anyone who's property could be impacted by a cannabusiness. If neighbors start winning such suits, the legal landscape will change.
     
  2. looney2nz

    looney2nz Research Geek, Mad Scientist

    Messages:
    766
    Location:
    So Cal
    all the more reason for companies to invest in being good neighbors, good air handling, odor treatment.
     
    BigJr48, macbill and OldNewbie like this.
  3. cybrguy

    cybrguy I mean really, WTF

    Messages:
    7,160
    So what about all the businesses that are HELPED by having a dispensary next door. Restaurants and candy stores and bakeries and toy stores. There IS a reason why the Girl Scouts sell their wares nearby...
     
  4. florduh

    florduh Well-Known Member

    Messages:
    719
    I don't know if a Colorado jury will side with the plaintiff here. But if they do, maybe this can be a good thing. Do we really want to see tax generating businesses going under because our Legislators refuse to enact the will of the People into law?

    We still exist in this dumb grey area. And there is only one way out of it: Federal Decriminalization. The other option, a Federal crackdown nationwide, is a fantasy at this point.

    So it's time for Congress to do its job.
     
    ClearBlueLou and looney2nz like this.
  5. macbill

    macbill Gregarious Misanthrope

    Messages:
    5,232
    Location:
    The Evergreen State
    I went to a hemp grow at an outdoor nursery operation in Oregon. It was very pungent in the field. We could smell the skunky stink just driving by. Now, I wouldn't mind it, but to some, it may smell like a cattle feed lot: cow shit bad. RICO racketeering really seems a stretch. They need industrial sized Fabreeze foggers running up and down the streets
     
    looney2nz and florduh like this.
  6. florduh

    florduh Well-Known Member

    Messages:
    719
    Oh I bet! I don't doubt that a grow operation near you could negatively affect your life or property value. I specifically take issue with the Feds prosecuting this as a RICO case. In my opinion, this is the plaintiff taking advantage of the legal mess our legislators have left us in. California legalized medical over twenty years ago. They've had two decades to figure this out.
     
  7. OldNewbie

    OldNewbie Well-Known Member

    Messages:
    2,190
    This case is worrisome because many legal aspects have already been appealed to the 10th circuit and the plaintiff(s) are still moving forward with success in those appeals. However, the 10th, in dicta (Meaning it is mentioned in the discussion but is not a part of the holding.) said the same thing as @cybrguy. It's possible the plaintiff's land is now MORE valuable because of the suitability for cannabis cultivation.

    The feds are not prosecuting under RICO, the plaintiff is. (RICO has a private right of action clause.) The three main advantages are the plaintiff gets to file in federal court, triple damages are possible and his legal fees may have to be paid by the defendant.

    Edit:
    some discussion on the legal aspects.
    https://www.cannalawblog.com/much-ado-about-rico/
    https://www.cannalawblog.com/much-ado-about-rico-and-cannabis-part-2/
    https://www.cannalawblog.com/much-ado-about-rico-and-cannabis-part-3/
    https://www.cannalawblog.com/much-ado-about-rico-and-cannabis-part-4/
     
    Last edited by a moderator: Oct 31, 2018
  8. florduh

    florduh Well-Known Member

    Messages:
    719

    Fair enough. Then I absolutely think the plaintiff is taking advantage of the mess Congress has left us in. Maybe this will help force the issue. They've only had 20 years.
     
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  9. looney2nz

    looney2nz Research Geek, Mad Scientist

    Messages:
    766
    Location:
    So Cal
    I was just talking with an old friend from ASA (Americans for Safe Access) who lives in WA...
    Apparently there is a large grow warehouse (tilt-up concrete style) in his area, and that it smells like a skunk from within 1/8th of a mile.
    This is crazy.
    If you've got a commercial grow, sealing the envelope of your building is JOB#1.
    You're a) wasting energy, b) annoying your neighbors, c) compromising your grow.

    This place got $600K of LED lighting from the state, but they can't seal their building and use proper air handlers and scrubbers?

    Outdoor grows, mostly I think they are relying on sufficient space between properties, although I'm not sure how that would work with even a 1acre Hemp Farm, let alone a 10 or 100acre farm.
    What do they do in Europe, Canada for their hemp forests?

    Bottom line, at any scale, be good neighbors. If you've got a grow tent in your apt or house, make sure you're ventilated with activated charcoal/carbon to handle odor control (the charcoal has to be replaced periodically)... same for any closets, offices, dens converted for grow rooms. Seal the room for internal/external airflow (aside from your intake/exhaust ports) and use activated charcoal/carbon canisters.

    Trust me, if alcohol had similar odor issues, folks would be following the same approach.

    here's another Bay Area story that is related: https://www.mercurynews.com/2018/10/31/can-pot-save-the-pumpkin-farm/
     
    Last edited: Oct 31, 2018
  10. OldNewbie

    OldNewbie Well-Known Member

    Messages:
    2,190
    @cybrguy and the 10th circuit were right, no damage to the property.

    https://www.cannalawblog.com/cannabis-rico-suits-are-failing-oregon-and-colorado-updates/
    ...The “no damages” finding by this jury is an extraordinary end to a protracted piece of litigation. When my law firm has potential clients come to us who are interested in filing litigation, we always look at a couple of things right away in addition to whether the claims seem viable. One of those is whether the potential plaintiff has been damaged. If the answer is “yes” (and the possibility of collection seems reasonable) we can usually proceed. But if the answer is “no”, bringing a lawsuit is probably a bad idea, regardless of whether the other side has breached a contract, done something “illegal”, etc.

    If juries in cannabis RICO cases are going to find that cannabis production does not diminish the value of nearby properties, and that grower activity does not damage neighbor plaintiffs, these wasteful RICO suits may finally disappear altogether.​
     
    cybrguy, GetLeft, florduh and 2 others like this.
  11. macbill

    macbill Gregarious Misanthrope

    Messages:
    5,232
    Location:
    The Evergreen State
    Trump Will Legalize Marijuana After Midterms, Anthony Scaramucci Predicts

    President Trump will push for marijuana legalization after the upcoming elections, according to former White House Communications Director Anthony Scaramucci.

    “I do. I think he’s going to legalize marijuana,” Scaramucci told Succeed.com founder Charles Peralo in an interview this week. “I think he’s waiting for after the midterms. I think he’s on the side of legalization.”


     
  12. florduh

    florduh Well-Known Member

    Messages:
    719
    Oh well if The Mooch says it...:lol:

    Though he is one of my favorite characters in this national reality show.

    I can't really watch the interview now, but I'm wondering what the thinking is behind "waiting until after the Midterms". Marijuana is incredibly popular and a GOP push for legalization might swing a few fence sitting voters.

    The only thing I can think is it may upset the Republican base. Though I firmly believe Trump could sell them on literally anything and they'd buy it.

    This is like the ol' "only Nixon could go to China" concept. Only Nixon, a staunch Right Wing anti-communist, could normalize relations with a communist dictatorship. And that is literally the only parallel you can draw between the Nixon and Trump Admins..............;)

    I guess we'll see what happens!
     
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  13. macbill

    macbill Gregarious Misanthrope

    Messages:
    5,232
    Location:
    The Evergreen State
    America's Genius For Branding Is Taking Marijuana To The Next Level

    If there’s one thing America does really well, it’s selling products. From Air Jordans to fidget spinners, the U.S. selling machine knows how to crank it out by the millions and create hip products that stick. Some of that success has to do with sleek and novel design, like the iPhone, or the perfect celebrity endorsement, like Michael Jordan. But what’s almost always behind a great product that sells is one key feature: spot-on branding.
     
    GetLeft and florduh like this.
  14. GetLeft

    GetLeft Well-Known Member

    Messages:
    1,179
    Location:
    Convection City

    Well if someone were to legalize, it would give the PA mmj fiasco some leeway to get its head out of its a**. (I still don't get how out of state companies can bypass the permit process and make deals directly with hospitals but that's another matter altogether.)


    Could Pa.’s marijuana program be in peril again?
     
    macbill likes this.
  15. macbill

    macbill Gregarious Misanthrope

    Messages:
    5,232
    Location:
    The Evergreen State
    cybrguy, blackstone and looney2nz like this.
  16. cybrguy

    cybrguy I mean really, WTF

    Messages:
    7,160
    THE GLOVES ARE OFF!

    Everyone stand back, it's getting ugly out there...

    [​IMG]
     
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  17. Magic9

    Magic9 Plant Enthusiast

    Messages:
    951
    Location:
    Middle of the Map
  18. blackstone

    blackstone Well-Known Member

    Messages:
    563

    A Step Closer to Cannabis Reclassification: The WHO Sends Its Conclusions to the UN

    (Sensiseeds.com)

    29/10/2018

    The WHO will finally release the results of the report announced just over a year ago, the first official evaluation of the medicinal value of cannabis in more than 80 years. The UN has received the conclusions recommending the reclassification of CBD in the Schedule of Controlled Substances, as well as a critical review of the scientific literature on the plant.

    "In the conclusions and recommendations of the “pre-review” written by the experts, the following was concluded:

    1. Products made with pure Cannabidiol (CBD), one of the main active compounds of cannabis that has no psychoactive properties, should not be controlled by International Drug Control Treaties, so it is necessary to reclassify it in the List of Controlled Substances. The commission recognizes that there is no evidence of any case of abuse, dependence or public health problems related to the use or consumption of CBD.
    2. In what concerns the cannabis plant, the Committee recognizes that there is sufficient scientific evidence demonstrating the need for a critical review of the scientific literature on the plant, including its resin, extracts and tinctures (also those with high CBD content), as well as THC and THC isomers. It recognizes that the current classification is not consistent with the inclusion criteria of that list, as the plant and its derivatives are not susceptible to abuse, nor do they produce dangerous harmful effects as those of the other substances included in Schedules I and IV."
     
    macbill, cybrguy, hd_rider and 2 others like this.
  19. macbill

    macbill Gregarious Misanthrope

    Messages:
    5,232
    Location:
    The Evergreen State
  20. looney2nz

    looney2nz Research Geek, Mad Scientist

    Messages:
    766
    Location:
    So Cal
    macbill likes this.
  21. macbill

    macbill Gregarious Misanthrope

    Messages:
    5,232
    Location:
    The Evergreen State
  22. ClearBlueLou

    ClearBlueLou unbearably light in the being....

    Messages:
    1,000
    Location:
    the Old Confederacy
    Guessing you’ve never smelled corn mash when it’s working...smell that reek a mile away
     
    blackstone, looney2nz and macbill like this.
  23. cybrguy

    cybrguy I mean really, WTF

    Messages:
    7,160
    Try living near a cattle feed lot, or even worse a slaughterhouse. I used to live in Loveland CO, about 25 miles from Greeley where the Monfort meet packing factory was, and on a bad day you didn't need to get far out of town to smell Monfort. And it was NOT a pleasant smell. I'd trade it for the smell of cannabis any day...

    Added: Funny, but I just remembered that where I live there used to be a Maurice Lenell factory a few miles away and on summer nights when the wind was blowing just right you got a good taste of cookies in the air. Not good for the munchies maybe but not bad if you have to smell something. They went out of business 10 years or so ago and I forgot about it. I just had a great olfactory memory. Nice to push out the feedlot...
     
    Last edited: Nov 5, 2018
  24. Adobewan

    Adobewan Well-Known Member

    Messages:
    1,064
    Location:
    So Cal
    @cybrguy You crushed the nail head.
    Tolerance abounds for industries producing horrendous smells, as well as exposing us to toxins in the air for many years. Can't compare to the fragrance of healthy, God given green.
     
  25. looney2nz

    looney2nz Research Geek, Mad Scientist

    Messages:
    766
    Location:
    So Cal
    @cybrguy @Adobewan

    lol... yeah, no, I haven't smelled mash. But I can imagine.
    This is the near-term reality that I see, on a few fronts, being a good neighbor pays off.
    Here's my thinking:

    If I'm an individual growing, that's fine... outdoor grow? enough distance between you and neighbors?
    perhaps an indoor grow? indoor grow, air handling and odor control (grow tent/grow room).
    storefronts: please use odor control, businesses next to you aren't loving it.
    commercial grows: warehouse style, air handlers and odor control.

    My big concern is for the individual grow, I don't want personal cultivation banned by communities due to this issue. Cities will do this in a heartbeat if they see something as a nuisance.
    So if we head it off at the pass, we're further along towards where we want to be able to be.
    But even in industrial parks (where tons of these commercial grows are), it only makes sense to seal the envelope of your building for energy efficiency, and while you're at it, the air handlers and scrubbers for positive pressure (helps keeps bad contaminant <pests, pollens> stuff out), odor control.

    Now the SCAQMD may not have any issues with all those lovely aromatic VOC's, so THEY may not regulate it, but some city/county WILL strictly due to nuisance factor. I mean even the Siracha plant was getting complaints down here in so cal!

    We have no issues with all the lovely fragrances from our favorite plant, but the reality is a GREAT MANY do NOT like the odor. If you have the option to control it, don't shove it down their throat, it will bite you back :(. Hell I have a big ass HEPA air cleaner in my bedroom with 25lbs of activated charcoal in it, just to handle those times I do vape flower, plus for those concentrates that are more aromatic than others :)

    If the place was bigger I'd try and put in a grow tent... perhaps a future domicile.
    Optimally a small blackout greenhouse, yes, sealed, air handling and odor control :)

    chemo-brain, writing stream of consciousness... these other industries mentioned were well established and had clout, we are neither yet (really). 45 is bipolar when it comes to Cannabis, Keebler Elf notwithstanding... so we never know what the hell he may do.

    crossing my fingers and planning for the day that it is legal across the country, there is interstate and international trade in it and hemp commodities as well... INSURANCE PAYS FOR IT, etc.
    I know it's an utterly rational view, but I can have my small delusions can't I? :)
    To get there, 'Win Friends and Influence People' :)
     
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