On Jan. 8, a federal court issued a stay of discovery in Apothio LLC’s lawsuit against Kern County, Calif., the Kern County Sheriff’s Office (KCSO), the California Department of Fish and Wildlife (CDFW) and multiple individuals for allegedly destroying 500 acres of hemp in 2019. The stay of discovery means that both the plaintiff and defendants will stop the process of obtaining evidence to prove their case.
U.S. Magistrate Judge Jennifer Thurston wrote in a Jan. 8 filing for the U.S. District Court for the Eastern District of California that a separate criminal case against Apothio founder and managing partner Trent Jones for related criminal misdemeanor charges “will likely involve an overlap of witnesses and documentary evidence… .” For that reason and other legal factors, she wrote that the discovery process of information-gathering wouldn’t need to be rehashed in both criminal and civil court.
The criminal charge against Jones stems back to that day in 2019 when the defendants allegedly destroyed Apothio’s crop. While Jones says it was hemp, the defendants claim it was marijuana.
In October 2020, Jones “was arraigned for criminal misdemeanor charges related to the facts of this case,” according to the judge’s order. “… Specifically, the charges are for the illegal cultivation and sale of marijuana.”
In June 2020, KCSO and CDFW filed motions to dismiss the lawsuit in the district court. Referring to hemp as “marijuana” in their motions, the defendants’ attorneys refer to the product as “contraband” and use this characterization to justify the hemp’s destruction.
In addition, according to Law360, “Judge Thurston noted that a ‘preliminary peek’ at the two pending bids to ax Apothio’s claims made it clear that the motions could be decided without additional discovery, seeming to find it likely both motions will be granted.”
The judge wrote that the seized crop was beyond the legal-hemp THC threshold of 0.3%. “As Defendants assert, law enforcement’s testing found Apothio’s marijuana plants were contraband, and if true, Plaintiff can have no property interest in such contraband,” the order states.
How to Use Color in Your Cannabis Business Marketing Strategy
Part II of this special branding series explores how color can set the tone for your brand’s identity.
Color’s value is often underestimated in branding. In cannabis, we find most brands lean toward green because it’s the color we most often associate with the industry, without understanding the message that color sends to customers.
Color can affect metabolism, trigger hormones, elevate mood and increase heart rate. Color can stimulate impulse buying, a sense of familiarity, comfort or loyalty. Using color or the combination of several colors, known as a color palette, for your brand can be a powerful tool in creating an emotional reaction to your company.
It’s critical to your brand development that you choose colors that speak to the right audience and reflect your brand’s values. Choosing color based on what you “like” or what looks “nice” can work against what you’re trying to accomplish. Just as color can work in a way that creates positive feelings about your brand, it can also have a negative effect.
Understanding how to use color is also an important factor in your decision. The perception of color can change with factors like age, income and geographic location. Before you begin to choose your color palette, research and investigate the reactions your color choices are likely to produce.
Let’s look at some of the ways colors are perceived in a brand logo.
Develop Your Palette
In choosing your logo color, it’s important to evaluate your brand personality. What do you want your audience to think of you? Are you friendly, trustworthy, energetic, fun or authoritative? Do you want to be seen as the eccentric mad scientist? Do you want to be seen as the rock-and-roll soccer mom? Do you want to be seen as a Madison Avenue suit? Your color choices will give you direction.
Next, choose your color palette—the full spectrum of the colors that will represent your brand. Your brand will require multiple colors to convey its personality in ways that extend far beyond the logo, from ads to social media posts, invitations to events to content for your blog.
When building a color palette, it's important to choose a range of colors that are complementary and contain many of the same elements as the main logo color so they all tie together and appear to be from the same color family.
Many resources are available to help you sort through primary colors and their complementary families. Pinterest and Google are full of color palette examples to contrast and compare those that will fit your brand best. Coolors.co is also a useful color palette app that allows you to save the color palettes you like.
Cross-check with industry competitors and brands that fit your personality that may be from different industries. Are the colors creating the emotional reaction you are looking for with your brand? What are the range of colors used by other brands? Do they work with the primary color?
Choose colors that reflect your brand’s values.
Once you find a palette that accurately represents your brand, do a final contrast check. Not everyone sees a full color spectrum, and remember that what you present must be able to be seen by your audience. Test your colors in different circumstances. Make sure the colors aren’t washed out or difficult to differentiate. You want them to pop in the eyes of your customers.
Finally, do the partner and friends test. What do people think when they see your colors? Does it remind them of something unfavorable? Do they respond the way you want your customers to respond when they encounter your brand? Take note. Listen to people’s opinions, especially if they are likely to be your customers.
Chances are, you will go through this process and start over many times. Don’t get discouraged; keep going until you have it!
Kyra Reed launched Markyr Cannabis, a digital marketing and social media strategy agency, in 2016. Reed’s cannabis clients include cultivators, manufacturers and software companies. Jesse Barney is a brand design freelancer in the cannabis industry and visual communications expert.
Aleksandr | Adobe Stock
Virginia Governor Unveils Cannabis Legalization Proposal, Mexico Publishes Medical Cannabis Regulations: Week in Review
Virginia Gov. Ralph Northam has proposed an adult-use legalization bill that would allow sales to start Jan. 1, 2023.
This week, Virginia Gov. Ralph Northam unveiled an adult-use cannabis legalization proposal that would allow sales to start Jan. 1, 2023. Elsewhere, in Mexico, the health ministry published rules to regulate the country’s forthcoming medical cannabis market.
Here, we’ve rounded up the top 10 headlines you need to know before this week is over.
Montana: State lawmakers have rejected the Montana Department of Revenue’s request to fund the state’s adult-use cannabis program. The department asked the House Appropriations Committee for $1.35 million to pay for the employees, office equipment and operating expenses needed to launch the program, but Rep. Bill Mercer declined the request, calling it a “huge tranche of money.” Read more
California: Gov. Gavin Newsom’s fiscal year 2021-2022 budget proposal released Jan. 8 includes a proposal to consolidate the three state licensing authorities into a single Department of Cannabis Control, a proposal that was first introduced in January 2020 but was delayed due to the COVID-19 pandemic. If approved by the legislature, the new department will be created on July 1, 2021. Read more
North Dakota: After a failed attempt to place an adult-use cannabis legalization measure on North Dakota’s 2020 ballot, Legalize ND is again working to get the issue in front of North Dakota’s voters, filing a petition with the Secretary of State’s office Jan. 11. If the petition is approved, Legalize ND will have one year to collect a minimum of 26,904 signatures to qualify its initiative for the 2022 ballot. Read more
Florida: Multistate operator Cresco Labs announced this week that it will expand into Florida’s medical cannabis market through the acquisition of Bluma Wellness, a vertically integrated cannabis operator in the state. The transaction means that Cresco will now have operations in all seven cannabis markets that fall within the top 10 most populated states in the U.S. Read more
Indiana: Sen. Karen Tallian has introduced two pieces of legislation that would legalize and regulate medical and adult-use cannabis, as well as hemp, in the state. S.B. 87 would create a Cannabis Compliance Commission to regulate cannabis and hemp in the state, while S.B. 223 would decriminalize the possession of up to two ounces of cannabis. Read more
Virginia: Gov. Ralph Northam proposed an adult-use cannabis legalization bill this week that would allow sales to launch Jan. 1, 2023. The legislation also includes expungement provisions and outlines “diverse participation” plans, which include a licensing process meant to support those identified as social equity applicants, as well as low- or no-interest loans and waived or reduced application and licensing fees for qualified applicants. Read more
Illinois: The Illinois Senate approved legislation this week aimed at improving social equity in the state’s cannabis licensing process. The bill would establish two systems for the state’s lottery for dispensary licenses—tiered and qualified—in order to issue 75 retail licenses that have been held up in legal disputes since regulators announced in September that only 21 social equity applicants would be included in the lottery. The legislation also creates a separate lottery for 75 new dispensary licenses. Read more
New Mexico: Nicole Sena, a medical cannabis caregiver to her young daughter with a rare form of epilepsy, and Ultra Health, a medical cannabis operator in the state, have reopened their lawsuit against the New Mexico Department of Health (NMDOH) to challenge the state’s plant count limit. The original lawsuit, filed in August 2016, contended the plant cap regulation promulgated by NMDOH was not in accordance with the Lynn and Erin Compassionate Use Act, the enabling legislation for New Mexico’s Medical Cannabis Program. Read more
Kansas: Lawmakers introduced a medical cannabis legalization bill this week with the backing of the Kansas Cannabis Industry Association. The bill’s supporters say that a regulated medical cannabis market may help boost the state’s economy, and they are confident the legislation has the support it needs in the legislature if it is called up for a vote. Read more
International: Mexico’s health ministry published rules Jan. 12 to regulate the country’s forthcoming medical cannabis market. The move will allow pharmaceutical companies to start conducting medical research on cannabis products, and is part of broader policy reform efforts to regulate medical and adult-use cannabis in Mexico. Read more
Canopy Growth Sues GW Pharmaceuticals, Charlotte’s Web Secures New Patents: Week in Review
Hemp patents were in the news this week in a big way.
This week, the USDA issued its final rule on hemp. The new regulations include some favorable amendments for the industry, as well as some contentious aspects of the interim final rule. However, some industry experts question whether the incoming Biden administration will affect its implementation. Read more
Patents also dominated hemp news this week. Digital Editor Eric Sandy delved into a lawsuit between two cannabis industry giants, Canopy Growth Corp. and GW Pharmaceuticals. Canopy Growth alleges that GW Pharmaceuticals produces Epidiolex via Canopy's patented CO2 extraction method. Read more
Meanwhile, CBD industry giant Charlotte’s Web has secured U.S. utility patents for two new hemp varietals. The patents cover two of the company's new feminized seed hybrid hemp varieties developed under the company's breeding program: 'Kirsche' (US Patent No. 10,888,060) and 'Lindorea' (US Patent No. 10,888,059). Read more
The CBD industry also received an update this week from the FDA, which released a new report calling for additional research from real-world usage of the cannabinoid. The agency is searching for data relating to patient health status and health care delivery to understand potential adverse reactions to CBD better. "While the FDA appreciates the information and engagement from numerous stakeholders on CBD-related issues, many evidence gaps remain," say FDA Commissioner Stephen M. Hahn and Principal Deputy Commissioner Amy Abernethy. Read more
Other News
California was active on the hemp front this week, as the state recently proposed a new bill trying once again to legalize CBD in ingestible and topical products. But the bill comes with a twist: It also bans smokable hemp. However, industry sources and lawmakers emphasize that the ban on smokable hemp could be debated and negotiated in the state legislature. Read more
Meanwhile, Humboldt County in California is considering banning hemp cultivation permanently, citing concerns with cross pollination and “the introduction of new pests and pathogens [to cannabis] from Industrial Hemp.” Read more
In other news:
Indiana lawmakers have introduced a new bill that would create a Cannabis Compliance Commission to regulate both cannabis and hemp in the state. Read more
Kentucky lawmakers have introduced a new bill that would increase the allowable THC limit in hemp in the state from 0.3% to 1%. Read more
The New York Cannabis Growers & Processors Association (NYCGPA) provided formal comments on the state’s proposed hemp and CBD regulations, using the opportunity primarily to advocate for hemp flower in the commercial market. Read more
Oregon-based East Fork Cultivars is mourning the loss of its co-founder, Joel Matthew Fischer, who died unexpectedly Jan. 8 at age 37. Read more
The Vermont Agency of Agriculture, Food and Markets (VAAFM) announced that it has begun contactless record inspections for all hemp grower registrants to ensure it can continue inspections safely during the COVID-19 pandemic even though operations have moved indoors. Read more
East Fork Cultivars Mourns Loss of Ambassador of Happiness
Oregon-based East Fork Cultivars co-owner Joel Matthew Fischer, known for his 'surreal zest' and passion, dies at 37.
Joel Fischer, a co-owner of Oregon-based East Fork Cultivars, was known as the company’s Ambassador of Happiness.
Ambassador of Happiness wasn’t just a nickname, or some informal moniker used around his inner circle of close friends and colleagues, but rather it was the official and legal title for Joel Matthew Fischer, a co-owner of Oregon-based East Fork Cultivars. For IRS purposes, he was literally the company’s Ambassador of Happiness.
Along with his fellow co-owners – Nathan Howard, Aaron Howard and Mason Walker – Fischer was part of a quartet known as the East Dorks on East Fork Ranch in Takilma, about 40 miles southeast of Medford, where their cannabis and hemp business launched in 2015. They own about 40,000 square feet of canopy along with 12 acres of craft hemp.
East Fork Cultivars | eastforkcultivars.com
Clockwise from lower left: Nathan Howard, Aaron Howard, Joel Fischer and Mason Walker, co-owners of East Fork Cultivars, enjoy time together on their ranch a few months ago in Takilma, Ore.
Also a licensed realtor, real estate investor and personal finance coach, Fischer died unexpectedly Jan. 8, at age 37, leaving his East Fork family devastated. Fischer is survived by his wife, Tricia Chin, mother, Terry Fischer, and brothers Mike Fischer and Dave Fischer.
“His death has broken me,” Nathan Howard said in a post on social media. “When I’m able to put myself back together, I hope to do so with his spirit, love and approach to life as guideposts.”
Howard described Fischer as a “magical” person who went through life with “surreal zest” and passion that is legendary among his friends and family.
Fischer, who grew up in Portland, built and developed an ability to impact those around him through his belief that people are capable of so much more than they think.
“There’s room for everyone to be further empowered in their lives, and they really just need a mentor,” Howard said of Fischer’s ideology. “So, a cornerstone to Joel’s approach to everything was that if people believed they can do it, they can. And if people have been traumatized or beaten down or bullied or told by others that they can’t do it, it’s the worst thing if they internalize that, because that makes it all the more likely that they won’t change their lives or do what they want to do.”
East Fork Cultivars | eastforkcultivars.com
One of Joel Fischer's "trademarks" was passing out little, blue vials of organic lavender to people he'd meet.
In addition to empowering others to follow their passions, Fischer was big on giving away small gifts, like organic lavender that he’d buy in bulk and put in small, blue vials to keep in his pocket and hand out to people he’d meet for the first time.
Not to mention, Fischer would often help counsel others for free, whether it came to buying a house or just financial planning in general. His generosity earned him the nickname, “Patron Saint of East Fork Cultivars.”
“It was small and big stuff,” Howard said. “But the Ambassador of Happiness title was really about helping other people find more happiness in their lives.”
According to his obituary, Fischer made a point of making those around him feel loved. He was always up for an adventure and spent much of the last few years traveling the world. His presence in Oregon’s cannabis community, and in his own community, was extensive.
“The impact he’s had on people across Oregon and the world is spectacular,” Howard said. “And [it’s] only becoming more clear in his death. His accomplishments, personal and professional, are similarly striking.”
Nathan and Aaron Howard also experienced the grief of losing a loved one when their other brother, Wesley Howard, died in 2017 from complications associated with a severe case of neurofibromatosis, a genetic condition that causes tumors to form on nerve tissue such as the brain, spinal column and nerves.
Wesley’s condition is what sparked the Howards to start growing medical cannabis at their southern Oregon home, a former llama breeding ranch, in an effort to help their brother manage his pain and other ailments.
When his brother Wesley died, Nathan Howard said Fischer was there for him.
“Joel and I were together at a business meeting, working to build what’s become East Fork, when I got the call that my older brother Wesley had suddenly passed away,” Howard said. “Joel drove me to Wesley’s apartment, hugged me, stayed with me while saying goodbye to his body, and helped my family make all the post-death arrangements that we’re now making for Joel. He shared essential wisdom he had gained after losing his father far too soon.”
But Fischer didn’t leave behind just his tight-knit community of about 25 co-workers at East Fork Cultivars. On a memorial website created for Fischer, those who knew him from all walks of life shared their condolences and memories.
Before joining East Fork, Fischer, who earned his bachelor’s degree in political science from Oregon State University, spent 12 years working in Oregon politics. Oregon state Sen. Sara Gelser and former Oregon House Speaker Dave Hunt paid tribute to Fischer with their testimonials.
“My heart is broken,” Sen. Gelser said. “I began working with Joel early, early, early in my legislative career. He was always so bright and funny and cheerful and flexible and charismatic. To all who were lucky to have him be part of your regular life, please know how deeply admired he is, how loved he is and that you are wrapped in love in this time of sorrow.”
Hunt wrote on Fischer’s memorial page that they both grew up as sons of American Baptist preachers, but they really got to know each other when Fischer started his political journey on former state Rep. Chris Edwards’ legislative campaign in 2006 in Eugene.
“Although Joel and Chris were both proud Beavers, it was fun to watch him hide his ‘colors’ and find success in the heart of Duck country,” Hunt said about Fischer being an Oregon State graduate working in the same city as the University of Oregon. “His successful journey then continued in and outside the [Oregon] Capitol. He demonstrated his ultimate commitment to equity and justice at [Oregon Business Industry] in 2018.”
Hunt continued and said, “Joel and I both lost our fathers about 15 years ago. We shared many conversations since then about how much we missed our dads and struggled with their premature deaths. May God bring comfort to Joel’s wife, mom Terry Sue, family and friends during these tragic days.”
Early on in Fischer’s political career, he was the policy adviser for current Oregon House Speaker Tina Kotek, whom he helped redesign the state’s Temporary Assistance for Needy Families (TANF) program – which is designated to help low-income families with children achieve economic self-sufficiency – and guide it through the political process, according to Fischer’s LinkedIn page.
When it came to cannabis legislation, Howard said Fischer was involved in the work that led to the passing of Ballot Measure 91, which legalized adult-use cannabis in the state in 2014.
Oregon state Sen. Michael Dembrow, whose district Fischer resided in for a long time, will be introducing a bill in the upcoming legislative session to honor Fischer’s memory, legacy and all of his political contributions on the floor of the upper chamber, Sen. Dembrow confirmed. “Joel was a great guy, much loved and respected by those he worked with at the [Oregon] Capitol,” Sen. Dembrow said.
While Fischer’s political impact extended to all corners of the state, back on the ranch at East Fork is where he found his favorite original cultivar – sour pineapple. Mentally, Fischer said in his company bio that it picked him up when he was down and settled him down when he was up. Physically, he said it is excellent for post-workout recovery and general relief. Those who also enjoy East Fork’s sour pineapple can do so with a connection to Fischer.
Since last Friday, Howard said he’s spent a lot of time with Fischer’s family and friends at Fischer’s home trying to wrap their minds around the fact that he’s gone.
“We spoke most days for the past five years,” Howard said. “Many of my favorite memories from recent life are with Joel. We didn’t say goodbye to each other when we were done hanging out or hopping off the phone – we said, 'I love you.'”
Legislative Map
Cannabis Business Times’ interactive legislative map is another tool to help cultivators quickly navigate state cannabis laws and find news relevant to their markets. View More
Patrick Williams
Melissa Schiller
Theresa Bennett
Tony Lange
