46th Annual Bench-Bar & Boardroom Conference Thursday, May 16, 2018 7:30 – 8:20 AM Cannabis 101 10.0 CLE Hours, Including 2.0 Ethics Hours in Missouri 10.0 CLE Hours, including 2.0 Ethics in Kansas 2300 Main Street, St. 100 ■ KC, MO 64108 ■ phone 816-474-4322 ■ fax 816-474-0103 Aubrey Gann-Redmon, AGR Legal Services, LLC EDUCATION Aubrey graduated summa cum laude from Avila University with a Bachelor of Arts degree in Sociology. She went on to obtain her Juris Doctorate degree from University of Missouri Kansas City School of Law, where she received the Order of the Barrister’s honor for excellence in trial advocacy. Aubrey also served on the staff of the ABA journal Urban Lawyer, and received the CALI Excellence in Learning Award for her academic work in the areas of Criminal Law and Gender & Justice. While in law school, Aubrey held internships where she worked on federal death penalty appeals, complex probate and trust litigation cases, and personal injury lawsuits. EXPERIENCE After law school, Aubrey was an associate at a boutique plaintiff’s personal injury firm where she worked on personal injury, employment discrimination, and social security disability cases. Currently, her practice focuses exclusively on cannabis law, as well as litigating estate, trust, and probate cases, with experience in both defending and prosecuting legal malpractice actions in the area of probate. COMMUNITY INVOLVEMENT & ACCOLADES Since starting AGR Legal Services, Aubrey has written and published numerous articles and taught classes and CLEs on probate and legal research techniques. Aubrey has also taught as an adjunct professor in the criminology department at Avila University. She served on the Kansas City Metropolitan Bar Association Continuing Legal Education Advisory Committee in 2015 and 2016, and in the past, has served as the Vice Chair for the Solo & Small Firm Committee. Aubrey is also active in the Association for Women Lawyers, where she has been involved in the AWL Foundation’s Connections Mentorship Program since 2009, serving as a mentee from 2009-2013, and then as a mentor from 2014 through the present. She was also involved in the Foundation’s First Annual charity 5k committee. She is also a member of the Brain Injury Association of Kansas and Greater Kansas City. Aubrey was also voted SuperLawyers Rising Star in 2013, 2014, 2015, 2016, and 2017 and Kansas City Business Journal’s Best of the Bar 2014, 2015, and 2016 by her peers. Outside of her practice, Aubrey supports her community through charitable giving to Lee’s Summit Meals on Wheels. Aubrey is married to Chet Redmon, a local artisan who owns CR Custom Ironworks, LLC, a shop that designs and builds custom ironwork sculptures and functional installations. CANNABIS 101: The Who, What, When, Where, Whys, and Hows of Amendment 2’s impact on Medical Marijuana in Missouri WHAT is cannabis? Cannabis is a plant used for a number of purposes: Hemp – cannabis that has less than 0.03% THC (the psychoactive component) Used for rope, fiber, clothing, etc. Used for hemp-derived CBD (cannabidinol), which has medicine purposes but is not psychoactive Legal federally per passage of the Farm Bill, Dec. 2018 Currently FDA looking at CBD/Hemp as a food additive Cannabis Indica – strains grow short, known for calming effects, help with pain & sleep Setiva – strains grow tall, known for helping with focus, energy, and creativity Federally ILLEGAL WHAT is cannabis, continued… Experienced cultivators can: Get 1-2 lbs of flower per plant Amendment 2 permits cultivators to grow up to 2800 plants in 30,000 sf of flowering canopy space High quality medical grade cannabis goes for up to $1,500/lb of flower Some strains have THC limits up to 30%, with the current average around 20-23% Turpenes – do not contain THC Turpenes are chemicals found on all plants, and help to add taste, smell, and alter the “high” of cannabis to induce calm, reduce paranoia, and intensify highs Often referred to as “dank” – the distinctive scent of cannabis Being added to vape cartridges to enhance flavor, aroma, and/or alter the effects of the cannabis (usually to reduce paranoia, anxiety, or to “uplift”) WHAT’S in a word? The lingo Flower – refers to the “buds” or “nuggets” that grow from the stem and contain the sticky potent parts of the plant Kief – cannabis crystals, also known as resinous trichomes, which can be extracted and made into concentrates Concentrates or extracts – highly concentrated THC derived from the flower and other parts of the plant, often used with special vape pens or dabbing Dabs, dabbing – means smoking the vapor or smoke of highly concentrated cannabis in the form of concentrate, oil extract, or wax – heavier dose potential and immediate effect for pain sufferers Gummies – a type of edible ranging in dosage from an avg of 10mg to 25mg, which 10mg generally considered a “starter” dose WHAT’S in a word, continued… The lingo: Dispensary – where cannabis is sold, legally, to medical patient in a state where legal or to adults over 21 in fully legal states Bud-Tender – the person who will help the patient make a decision as to the type of cannabis product to buy at a dispensary Manufacturer – an operation that takes the whole plant, extracts the oils and alkaloids from the plant, and makes them into foods, beverages, candies, vape cartridge oils, and extracts like wax, shatter, hash oil, etc. Cultivator – an operation that grow cannabis, usually under the supervision of a master grower Testing Lab – where the cannabis products are tested and rated for consumption Cannabis – not marijuana…because…. WHY Cannabis? A few stats to start… Marijuana is a term associated with Prohibition and the trend is away from Prohibition and towards full legalization… Fastest growing demographic of cannabis users – 55 years and older Missouri is the 32nd State to legalize in some way Fully ILLEGAL in 14 states, including Kansas Fully LEGAL in 11 jurisdictions, including Colorado and Washington DC Legal in 21 countries internationally, including Canada, Australia, & Mexico Numerous medical applications, from acne to traumatic brain injuries Studies show may be safer to consume than alcohol WHY Cannabis? …because “marijuana” is racial slang that was used to encourage prohibition… Prior to Prohibition: Hemp was one of the top three crops at the time of the nation’s founding Cannabis was featured on the $10 bill until 1900 Medicinal properties introduced to the West circa 1839 for pain, muscle spasms via William O'Shaughnessy, an English botanist working in Calcutta Widely available in the US in pharmacies by 1850s By 1905, US Dept of Ag had printed materials on cannabis as administered by pharmacies in the US, with most states not restricting its use By 1880s there were at least 500 hash bars in NYC alone, usually patronized by the upper-classes in city society WHY Cannabis continued… But…Prohibition begins: 1906 Pure Food & Drug Act: patented medicines with “secret” ingredients regulated, cannabis now required to be labeled Cannabis labeled as a “narcotic poison” and use was permitted only upon prescription and dispensed by a pharmacy CA was the first state to jump in and regulate, with the first raid occurring in 1914 in Sonoratown in Los Angeles 1920 – Federal prohibition of alcohol Tension with border states and cannabis regulation because of the influx of Hispanic migrant farm workers, who would smoke cannabis to relax after work Uniform State Narcotic Drug Act (1925-32) – encouraged states to regulate cannabis and assist feds in policing trafficking WHY Cannabis, continued… International Opium Convention, 1925, international push to curb the Indian Hemp trade Fed. Bur. Of Narcotics – 1930 – Harry Anslinger Traveled world early in career to research the opium trade and opined that cannabis was not a substance of concern Headed the Dept. of Prohibition for alcohol When alcohol Prohibition ended, his job was in jeopardy and he began targeting cannabis, claiming it to cause violence and arguing Treasury should get involved due to loss of revenue since it wasn’t being taxed 29 of 30 AMA pharmacists disagreed with Anslinger’s new claims on the dangers of cannabis Began a huge public relation campaign in papers with help of William Hurst to conflate the “marijuana problem” with the immigrants coming in from the southern border & Caribbean and with the Jazz music movement WHY Cannabis, continued… Note: around the same time, both Mellon (Treasury Sec) and DuPont had financial interests in joining the Prohibition push; Mellon had large financial investments in nylon and DuPont was developing synthetic fibers, incl. nylon Marihuana Tax Act of 1937 Now, cannabis has been replaced with the racially charged slang, “marijuana” Imposed a steep tax on transfer of cannabis, tax paid by pharmacists Farmers encouraged to obtain stamps during WWII to increase hemp production WHY Cannabis, continued… Mandatory sentencing began in 1952, and again in 1956 (mandatory minimum of 2-10 years for possession) Controlled Substances Act, 1970 Leary v. United States, 395 U.S. 6 (1969) – Marihuana Tax Act unconstitutional because it required self-incrimination in violation of 5th Amendment Repealed the Tax Act, repealed mandatory sentencing, but listed cannabis as a Schedule I narcotic (no medical purpose whatsoever, along with LSD, heroin, and peyote) 1998 – CA voters approve Prop 215, legalizing medical cannabis Let the raids begin…United States v. Oakland Cannabis