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Hemp-Growing in Kansas is Legal, but this CBD Shop Owner might Face Jail Time for it

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Hemp Growing is Legal in kansas not for shopowner

Annie Martin, a CBD shop owner in Lawrence, could be spending time in jail even if the law states that she would only be fined a dollar for lighting a joint in front of the courthouse steps of the town.

The former elementary school teacher turned CBD shop owner maintains that her products are made from hemp, which by law is legal to be grown in Kansas. This product does not have high THC levels to cause “pot high”, making it allowable by federal law. However, she might be charged with a felony that could make her serve years in jail.

Martin believed she followed the law and did every right thing before opening Free State Collective CBD, her store in Lawrence, with fiancé Sean Lefler.

They contacted several state agencies to look for regulatory approval and some guidance, but very few returned her request. She also secured third-party lab testing for her products.

Free State Collective CBD is just one of the many CBD stores in an expanding industry that has everything from CBD oils to pet treats.

The issue with Martin’s business is that they sell hemp flower, which has the same look and smell as marijuana. However, it is chemically different. While marijuana is an addictive variety, hemp is its tamer counterpart. Lab results for Martin’s products showed that theirs was of hemp variety and not the other.

Their store has been raided twice so far by the Bureau of Investigation in Kansas. Martin dismissed the first time as just a misunderstanding, but law enforcers seized her stuff, including their cash, inventory, and iPads they use for business.

This time, Martin, Lefler and a store employee are facing possible felony charges that could land them to 206 months or more than 17 years in jail, according to their lawyer. Most CBD stores avoid displaying hemp flower due to its confusing characteristics, but Martin insists that other CBD businesses still sell such products.

Hemp vs. Marijuana

Hemp is of the same source plant as marijuana, the Cannabis sativa L., which leads to much of the confusion regarding these two different varieties. Hemp only has trace amounts of THC, the cannabinoid that causes the addictive nature of marijuana.

This year, Kansas state introduced its industrial hemp research program that allowed growers to populate hundreds of acres of farmlands within the state. Missouri plans to do the same in the next year. Despite all the confusion and uncertainty, cultivators believe that the program will hail hemp as the new cash crop of the Midwest.

Martin’s case is one of few that belies on the state of CBD in Kansas agri-business and pop culture. The federal law has done little in the clarification of counteracting and constantly changing regulations.

Martin’s attorney, Sarah Swain, said that lines are supposed to be drawn because it is impossible to determine who steps in line and who does not.

Swain added that she hopes to see the prosecution quit marijuana crimes, especially in Lawrence where the governing body has already reduced the terms of punishment for several marijuana possession cases.

The attorney ran for Kansas Attorney General but unfortunately failed on her bid. She reiterated that the serious charges made on Martin raised doubts on Charles Branson, Douglas County District Attorney, and his priorities. Hemp case prosecution takes thousands from taxpayer’s money and is useless in managing the marijuana situation in the streets, Swain said.

Martin was a former teacher for over 16 years but was forced to stop due to her son meeting a boat accident last 2015 that caused serious brain injury and stroke. She discovered CBD amidst all the treatment and therapy plans on her son.

Since then, Martin’s son relied on CBD lotion to allay his nerve pain without fearing the side effects of prescription medicines.

Both she and her fiancé opened their business in August of last year and have customers that come in for their pains and anxiety. Their hemp flower is visibly promoted in their store and online as well, which she says is her way of not hiding anything from law enforcers.

CBD Law in Kansas

In Kansas, the hemp program permits licensed cultivators to grow hemp with no more than 0.3% of THC. Martin interpreted it as the standard to be applied in retail stores, so she went ahead and secured hemp flowers, and as well as pre-rolled joints below the THC limit.

The Kansas DA industrial hemp program doesn’t regulate sales of retail shops according to officials. It also allows cultivators and distributors to provide hemp to entities state-licensed via the program.

Officials say hemp flower, leaf and hemp buds are illegal for sale to unlicensed operators based on state law. If one is found to violate the law, they could be charged with Class A misdemeanor as a first offense.

Martin may face two counts of felony for tetrahydrocannabinol possession and also distribution. Her fiancé, Lefler, has four felony counts. The charging documents state that both of them were found to have more than one kilogram of THC.

KBI Involvement

A special agent from the Kansas Bureau of Investigation Kelby Dickensheet made the investigation of the couple due to an anonymous tip about the couple’s store distributing marijuana while masking them as legalized industrial hemp.

KBI is currently refusing to give any statement regarding the ongoing case, spokeswoman Melissa Underwood stated. She said that although there is some confusion about the law, the bureau continues to study federal and state regulations to clear the air on CBD, marijuana, and hemp.

After the raid in February, Martin said they didn’t hear from KBI as of yet. Swain tried to contact the agency but had not received any response.

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CBD Pillows: Is the Trend Getting Out of Hand?

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Cannabidiol or CBD has achieved a substantial following in the marketplace, with many users touting its efficacy. One alleged benefit of CBD that creates a buzz is improved sleep, which is a strong reason why people want to try it.

The usual forms of CBD that are popular among buyers are CBD-infused gummy bears and CBD oil capsules or tincture. As trends go, manufacturers get creative by making CBD pillows that target individuals suffering from poor or deprived sleep.

Consumer reports

A Consumer Report survey conducted recently revealed that 10% of Americans have used CBD products to improve their sleep. However, many of the respondents are yet to try CBD pillows, which in itself has an interesting concept.

In a study showcased in the journal Medicines, 409 respondents with insomnia initially rated their condition at 6.6 on average, with ten being the most severe. They were then treated with CBD in different combustion methods. The average rating after treatment went down to only 2.2, a significant decrease from the start.

However, there are still many questions regarding CBD for sleep, including the dosage, route, and timing. The effect of CBD in the sleep pattern of an individual also varies on a case-to-case basis.

Recent studies show that cannabis compounds can interact with the endocannabinoid system, or the receptors in the body, which include the brain. It is suggested that CBD affects the sleep and wake cycles due to one of these said receptors.

The CBD Pillow

The CBD pillow, the new addition to a broad range of cannabidiol products, works through micro-encapsulation. It is the process of capturing microscopic CBD particles into capsules that protect the substance from oxidation, evaporation, and contamination. It can only be released via friction, specifically your head on the pillow.

The released CBD is then supposed to be taken up through skin and hair follicle absorption. By theory, more CBD can be released if you are more restless when sleeping.

As of writing, two companies have started marketing the micro-encapsulated CBD pillow, namely Brookstone and CBD Pillow.

How it helps

Cannabidiol is one of the most popular cannabis derivatives, taken from the source plant Cannabis sativa L. that also produces marijuana. It contains tetrahydrocannabinol (THC), the substance that causes psychoactive effects for cannabis users. However, CBD has little to no THC content, which makes it non-intoxicating.

CBD is thought to interact with the endocannabinoid system, which then prompts several physiological reactions, including appetite, pain, and mood.

CBD Pillow VP of Content said the pillow is made to release CBD micro-doses for many days to help the user sustain a healthy nighttime routine. It also aims to introduce CBD and its number of alleged benefits, which includes sleep.

The prominent issue, however, is that most pieces of evidence are anecdotal. There aren’t many studies and research that offer solid proof regarding CBD’s benefits. The FDA is yet to present a framework for the use and sale of CBD, which industry players feel should be hastened so that more people can try cannabidiol for themselves.

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CBD User Sues Former Employer for Firing Her After Testing Positive for Marijuana

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A drug counselor from San Antonio who uses cannabidiol oil as part of her treatment regimen for multiple sclerosis has sued her ex-employer for sacking her following a positive result on a marijuana test.

The 48-year-old addiction counselor, Melanie Farr, works for a Management and Training Corporation in Utah, an institution offering rehabilitation programs that cater to incarcerated persons.

CBD oil for MS

Melanie Farr started using CBD oil last year, placing several drops under the tongue to alleviate her symptoms of multiple sclerosis. This condition is lifelong and debilitating, wherein the immune system starts attacking the body, resulting in damaged nerves in the spinal cord and brain.

In a statement to the San Antonio Express-News, Farr stated the CBD oil helped ease her pain and correct her gait, and even reduced her blood pressure.

The lawsuit filed by her legally cited her capability to perform on her job despite suffering from MS, stating that the disease could have had limited her from performing in her daily activities such as balancing, walking, working and caring for herself.

Farr stated her bosses knew that she was using CBD oil for her MS. She maintains that they have discussed it many times. She also pointed out that she has taken cannabidiol while working for the company for a long time.

She insisted that no one had ever asked or mentioned that she looked high while on the job.

Farr is a licensed counselor for chemical dependency since October 2018 and has been assigned to handle prisoners from the Dominguez State Jail in San Antonio. Her company is in contract with the Texas Department of Criminal Justice.

False-positive drug test

Farr’s physician suggested she try using cannabidiol to alleviate her MS symptoms. In the lawsuit, she stated that CBD oil has helped her walk better since her pain has lessened.

Last February 14, 2019, Farr underwent a random drug test sanctioned by her employer. She mentioned that she was taking CBD oil as per doctor’s recommendation to the administering technician. A week after the test, her results came back positive.

Despite providing a doctor’s note and several news articles showing false-positive incidences of CBD users being subjected to a drug test, the firm still fired Farr on March 8, 2019.

Atty. Michael V. Galo Jr., Farr’s lawyer, filed the lawsuit last February 20 in the San Antonio Federal Court. He cited the company’s unlawful discrimination against Farr’s condition.

The company is being accused of reckless indifference or malice towards the patient’s rights, which is stated on the Americans with Disabilities Act.

In a report published by researches in the Journal of Analytical Toxicology, a third of vape users with CBD-laced tinctures had gotten positive urine drug test results. The proponents hope the study will warn CBD users of the implications of drug testing, particularly when taking products that have unclear THC content.

John Hopkins School of Medicine associate professor Ryan Vandrey stated the perception that CBD products are THC-free is not always true. Roadside, workplace or criminal justice testing purposes could come up positive despite CBD being touted as non-intoxicating and legal under federal laws.

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Four-time Champion Iditarod Musher Gives Race Dogs CBD Oil

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Some 800 dogs have started the 975-mile journey with their mushers to conquer the Iditarod Trail Sled Dog Race on Sunday. Four-time winner Lance Mackey made news when he revealed giving CBD oil to his dogs against head veterinarian’s advice.

Mackey declined the suggestion, citing cannabidiol being excluded in the banned substances list found on the competition’s rulebook.

Enhancing recovery times

Lance Mackey, currently in fifth place at the Iditarod Trail Sled Dog Race, revealed to the Anchorage Daily News that he has been giving his race dogs cannabidiol oil to improve their performance and recovery times.

Iditarod head veterinarian Stuart Nelson has discouraged the use of CBD oil for competing dogs. Still, Mackey went against advice, saying there is nothing in the race’s rule book that mentions CBD oil as a banned substance.

Cannabidiol, or CBD for short, is a derivative of Cannabis sativa L., which is also the source plant for marijuana, an addictive substance containing high tetrahydrocannabinol (THC) compound. On the other hand, CBD is non-intoxicating due to a shallow THC content that causes the high.

CBD for pets has become a famous market currently, with owners praising its health and wellness benefits for animals. It is commonly used to manage pain and treat seizures, among others, despite the federal government’s lack of official standards for the said substance.

Mackey, a cancer survivor, considered getting medical marijuana treatment throughout his four-year consecutive victories from 2007. However, Iditarod barred marijuana use by 2010. He reasoned the other mushers were jealous of his wins; that’s why the ban was enforced.

In 2011, a year after the marijuana ban, Mackey bags his fourth consecutive championship.

CBD oil for pets

CBD oil has gained popularity over recent years for being a miracle remedy for many illnesses. Users have been lauding its efficacy to health conditions like arthritis, chronic pain, anxiety and more.

CBD manufacturers have entered the market successfully, producing a variety of products like lotions, gummies, tinctures, and others. CBD pet products have also found a great reception from owners who are curious about cannabidiol for pets.

Cannabidiol-based products for pets are mostly in the form of treats or oil. They are said to deliver promising results for alleviating pain and anxiety. However, there aren’t many studies to solidify the effectiveness of these items.

Pet experts advise that it’s best to consult with the veterinarian about the pet’s specific condition and evaluate whether CBD oil can be one of the viable options to improve their well-being.

About Iditarod

The Iditarod Trail Sled Dog Race started on Sunday, with Paige Drobney, a Pennsylvania native from Cantwell Alaska, taking the lead last Wednesday. She was the first to leave among the mushers at the Ophir checkpoint.

The first to reach McGrath checkpoint was Jessie Royer who received handmade items as a token for the milestone.

The oldest musher to enter the race, Jim Lanier, 79 years old and a retired pathologist, withdrew from Iditarod last Tuesday at Rainy Pass for his well-being amid the virus outbreak.

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