Nebraska Sen. Anna Wishart introduced legislation Jan. 15 to legalize medical cannabis in the state, according to a local KETV report.
Wishart helped lead the 2020 medical cannabis ballot initiative, supported by Nebraskans for Medical Marijuana, which was ultimately rejected by the Nebraska Supreme Court for violating the state’s single subject rule. The group now plans to refocus its efforts on the 2022 election, but in the meantime, Wishart has introduced L.B. 474 to legalize medical cannabis legislatively.
“I introduced another bill, L.B. 474, to legalize medical cannabis,” Wishart told KETV. “I do this to honor the Nebraskans I have met along this long and winding journey. They deserve representatives who will show up and go the distance for positive change that improves the lives of families in our state no matter how many challenges are met along the way.”
Wishart also introduced a constitutional amendment Jan. 15 to clarify the Nebraska’s single subject rule and help eliminate uncertainty for future ballot initiative campaigns, according to the Lincoln Journal-Star.
While the state’s current rule says that “initiative measures shall contain only one subject,” the new rule as proposed by Wishart would read, “Initiative measures shall contain only one general subject which may include provisions that have a connection to the general subject of the measure.”
To become law, the constitutional amendment needs approval from 30 senators, as well as approval from voters in the 2022 election, according to the Lincoln Journal-Star.
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Texas Smokable Hemp Hearing Postponed to March
The ban on smokable hemp remains lifted until the next hearing, scheduled for March 22.
The Texas smokable hemp ban has hit another roadblock. A hearing on the legality of the ban was initially scheduled for Feb. 1, but on Jan. 5, Judge Lora Livingston of the Travis County District Court postponed the hearing to March.
Susan Hays, an attorney working on the case, said in an email to Hemp Grower that the “trial was postponed to allow more time for pre-trial briefing and perhaps a motion for summary judgment,” noting that it is very common for a first trial setting to get pushed back.
In August 2020, the Texas Department of State Health Services (DSHS) launched its Consumable Hemp Program, which included regulations that prohibited the manufacturing, processing, distribution and retail sale of smokable hemp products in Texas.
The program went into effect on Aug. 2, 2020, but days after, several companies filed a lawsuit to overturn the state’s ban on smokable hemp products. In late August, Judge Livingston temporarily lifted the ban until a later hearing in September 2020.
After the hearing, the temporary restraining order turned into a temporary injunction.
“The appeal of the temporary injunction is fully briefed and pending at the Austin Court of Appeals,” Hays says.
The temporary injunction prevents the state from enforcing any DSHS bans on smokable hemp products until the case goes to trial in March.
A Criminal Case Against Apothio's Founder is Playing Into Company’s Lawsuit Against California Entities
Here’s the latest in Apothio LLC’s lawsuit against Kern County, Calif.
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
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
Melissa Schiller
Andriana Ruscitto
Patrick Williams
