PUBLIC SAFETY AND REGULATIONS WILL RULE THE CANNABIS INDUSTRY

PREVIOUSLY PUBLISHED IN CANNACONSUMER MAGAZINE

The Governor of Vermont vetoed legislation to legalize cannabis in the state. He stated that he was not philosophically opposed to the idea of legalization however, he wanted to see increased penalties for selling to minors, driving while under the influence of cannabis and an increased commitment to develop taxes and regulations. These themes, along with product safety, are part and parcel to discussions in all states that have legalized cannabis, whether medical or adult use. These issues will continue until the public is comfortable with how the cannabis products are handled, consumers are protected and the public safety is reasonably assured.

 

I want to state clearly that cannabis is not benign. Consumers can have unwelcome reactions to its use. Drivers can have their ability to operate a vehicle, or engage in other dangerous activities, impaired. Use by children is concerning to many policy makers and citizens. Taxing and regulating an illicit market will not be easy or happen quickly. However, these challenges are being overcome in several states and more will follow.

 

Consumer safety is being addressed in many ways. Creating a safe supply chain begins with regulations that control the growing, processing ,transportation, manufacturing, testing, storing, packaging and retail sales. Along the supply chain there are many places and ways to raise money for state and local governments to oversee and enforce the regulations. There are also taxes being imposed that are raising millions, and eventually billions, of dollars in revenue to benefit states and local jurisdictions in many ways. Ensuring that cannabis and its products are safe, requires testing for contaminants including mold, mildew, toxins, heavy metals, solvents and pesticides. Failures of these tests will remove dangerous products from the supply chain and give some level of assurance to consumers.Testing for cannabinoids and terpenes will help educate consumers about their reactions to these different constituents of cannabis.

 

Much is being made about overdoses from cannabis, especially edibles. Retail dispensers, knowing the cannabinoid and terpene profiles, will be in a position to teach cannabis naive consumers on how to consume without going overboard. For experienced consumers, knowledge will provide better understanding of what they are using and what to expect. With time, the public will get more comfortable knowing that it is impossible to take a lethal dose of cannabis. It can be concerning when more is consumed than desired, including children eating edibles, but with time the effects will pass. Poison control calls and trips to the emergence room will decrease as public knowledge increases on the overall safety of cannabis.

 

Consuming and driving is an area creating public safety concerns. No one wants impaired drivers on the roads, but determining impairment is not like dealing with alcohol. Cannabis is used through the lungs, under the tongue, through the gut, through the skin and by way of suppository. It can take from a few seconds to hours to enter the system and its effects can diminish to non impaired levels within a matter of minutes to hours. Unlike alcohol, it enters the fat system in the body and can slowly be metabolized over weeks. Law enforcement is looking for a portable testing device that can determine levels of active and inactive cannabinoids and laws are being passed to establish “per se” impairment levels of THC and its metabolites. However, science does not currently support per se impairment levels. THC, its active metabolite 11-OH-THC and the inactive metabolite THC-COOH can be present at significant levels hours or days after use, but actual impairment can diminish within minutes. Nevada has set a per se limit of 2 ng/ml in the blood, while Colorado is more common at 5 ng/ml. However, a recent Colorado trial resulted in an acquittal at 19 ng/ml. California has managed to keep any per se levels off the books, but millions are being directed to the CHP and major universities to carefully study how officers can determine in the field whether there is probable cause to believe impairment is present.

 

Many jurisdictions allow cannabis to be transported in a vehicle, but consuming in a vehicle is problematic. Even if not impaired, the smell of burned cannabis will bring much unwanted law enforcement attention. Don’t smoke in a vehicle and certainly not while driving. Passengers smoking can also be a problem. Best advice is to treat cannabis like an open container and store it securely where a driver can’t get ahold of it. Don’t break more than one law at a time is what I drilled into my kids heads.

 

Although the illicit market does not check ID’s, the regulated industry will. Selling to underaged people will carry serious criminal consequences. With a physician involved, minors are allowed to use cannabis for medical conditions. Recreational use is another thing altogether and policy makers and citizens do not want minors buying or using cannabis. Expect adult use states to have stiff penalties when it comes to minors. California lowered almost all cannabis criminal sanctions to legal, infractions or misdemeanors. Selling to minors remains a felony and the state will be looking for this. Don’t expect this to change soon so get used to it and don’t do it.

 

I expect more states to put cannabis legalization on the ballot and more legislatures will be establishing regulated, legal cannabis markets. Legal states are gearing up to fight federal intervention should AG sessions move against legal cannabis at the state level. Legal cannabis is not going away and the states will be struggling for answers to the questions raised by Vermont’s governor, plus more. Cannabis consumption will be safer, but the regulations and taxes will be daunting. Keep kids out of the cannabis market. Although not benign, cannabis is relatively safe, non toxic and not poisonous. Do not drive after consuming until you are sure of the effects and expect more per se laws. As Tiger Woods found out mixing drugs can be a problem, so be very careful with using other drugs or alcohol. My family is out there on the roads and I want everyone home safe. Be a safe consumer and a good citizen.

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Law Office Of Dale Schafer Marketing Campaign

We are very excited to be sharing our first marketing image for the Law Office Of Dale Schafer. Please feel free to share across your social media platforms:

Law Office Of Dale Schafer

Introduction Of The New Dale Schafer Law

Many of you know me….

In 1999 myself, and my former wife Dr. Marion “Mollie” Fry started the California Medical Research Center, in Cool California, to help patients across the state to obtain a medical cannabis recommendation under California’s Prop 215.

In 2001, after acquiring over 5,000 patients, testifying on behalf of legal patients across the State and throwing my hat in the ring for El Dorado County District Attorney, our home and office were raided by the DEA.

I have provided some references for you:
https://www.counterpunch.org/2011/05/06/why-did-the-feds-target-mollie-fry-md-and-dale-schafer/
http://www.sacbee.com/news/state/california/california-weed/article2573276.html
In 2005, after years of sifting through the seized evidence (from our home and office) and rulings on several important cases, such as US vs.The Oakland Cannabis Buyers Coop and Gonzalez vs. Raich, Mollie and I were arrested by the Federal Government.

In 2008, after a long trial and unfortunate conviction, Mollie and I were given a 5-year minimum mandatory sentence in federal prison.

In 2011 we entered the federal prison system in order to serve our mandated prison sentence


Dr. “Mollie” Fry & Dale Schafer – NORML, 2002

Since My Release

Since my release, from federal prison, I have been spending my time speaking, on behalf of Prisoners Of The Drug War (POW’s), getting reacquainted with friends and family, awaiting my release from federal probation, and learning the complex MAUCRSA Regulations so that I could re-open my law practice and begin assisting cannabis business owners in obtaining their state and local permits as soon as I was released from federal probation.
Read More

Free At Last…..

On November 29, 2017 I, through my attorney Omar Figeroa, was notified that I had been released from federal probation and was free to re-open my law practice immediately.

Over the weekend of December 9th – 10th I attended the 2017 Emerald Cup to celebrate with my friends and hand out business cards to those who may be seeking a local and state cannabis permit to operate after January 1, 2018.

Services I Am Offering

California Cannabis Business Law

Let me help you to obtain all of the insight and necessary parts of a local and state California cannabis permit.

California Cannabis Compliance

Once you have obtained your local and state permit, let me help you to do regular compliance checks to ensure that you have no issues with maintaining your local and state permits.

Compliance Education

Let me educate you, and your staff, about what is necessary to obtain and maintain your local and state cannabis permits.

Keynote & Panel Speaker

If you are looking for someone you add to your event I would be happy to help.

To Contact Me

Visit my website www.daleschaferlaw.com

Reach out by email at daleschaferlaw@gmail.com

By phone at 916-740-2141

How to Write a Standard Operating Procedure

Print

THE NEW CALIFORNIA CANNABIS REGULATIONS REQUIRE STANDARD OPERATING PROCEDURES FOR ALL PHASES OF A LICENSED CANNABIS BUSINESS. 

I HOPE THIS WILL PROVIDE A STARTING POINT TO HELP WRITE SOP’S FOR YOUR CANNABIS APPLICATION AND BUSINESS. 

 


How to Write a Standard Operating

Procedure

 

A Standard Operating Procedure (SOP) is a document consisting of step-by-step information on how to execute a task. An existing SOP may need to just be modified and updated, or you may be in a scenario where you have to write one from scratch. It sounds daunting, but it’s really just a checklist. See Step 1 to get the ball rolling.

 

Formatting Your SOP

  1. Choose your format. There is no right or wrong way to write an SOP. However, your company probably has a number of SOPs you can refer to for formatting guidelines, outlining how they prefer it done. If that’s the case, use the pre-existing SOPs as a template. If not, you have a few options:
    • A simple steps format. This is for routine procedures that are short, have few possible outcomes, and are fairly to the point. Apart from the necessary documentation and safety guidelines, it’s really just a bullet list of simple sentences telling the reader what to do.
    • A hierarchical steps format. This is usually for long procedures — ones with more than ten steps, involving a few decisions to make, clarification and terminology. This is usually a list of main steps all with substeps in a very particular order.
    • A flowchart format. If the procedure is more like a map with an almost infinite number of possible outcomes, a flowchart may be your best bet. This is the format you should opt for when results aren’t always predictable.
  2. Consider your audience. There are three main factors to take into account before writing your SOP:
    • Your audience’s prior knowledge. Are they familiar with your organization and its procedures? Do they know the terminology? Your language needs to match the knowledge and investment of the reader.
    • Your audience’s language abilities. Is there any chance people who don’t speak your language will be “reading” your SOP? If this is an issue, it’s a good idea to include lots of annotated pictures and diagrams.
    • The size of your audience. If multiple people at once are reading your SOP (those in different roles), you should format the document more like a conversation in a play: user 1 completes an action, followed by user 2, and so on and so forth. That way, each reader can see how he or she is an integral cog in the well-oiled machine.
  3. Consider your knowledge. What it boils down to is this: Are you the best person to be writing this? Do you know what the process entails? How it could go wrong? How to make it safe? If not, you may be better off handing it over to someone else. A poorly-written — or, what’s more, inaccurate — SOP will not only reduce productivity and lead to organizational failures, but it can also be unsafe and have adverse impacts on anything from your team to the environment. In short, it’s not a risk you should take.
    • If this is a project you’ve been assigned that you feel compelled (or obligated) to complete, don’t shy away from asking those who complete the procedure on a daily basis for help. Conducting interviews is a normal part of any SOP-creating process.
  4. Decide between a short or long-form SOP. If you’re writing or updating an SOP for a group of individuals that are familiar with protocol, terminology, etc., and just would benefit from a short and snappy SOP that’s more like a checklist, you could just write it in short-form.
    • Apart from basic purpose and relevant information (date, author, ID#, etc.), it’s really just a short list of steps. When no details or clarification are needed, this is the way to go.
  5. Keep your SOP purpose in mind. What’s obvious is that you have a procedure within your organization that keeps on getting repeated over and over and over. But is there a specific reason why this SOP is particularly useful? Does it need to stress safety? Compliance measures? Is it used for training or on a day-to-day basis? Here are a few reasons why your SOP is necessary to the success of your team:
    • To ensure compliance standards are met
    • To maximize production requirements
    • To ensure the procedure has no adverse impact on environment
    • To ensure safety
    • To ensure everything goes according to schedule
    • To prevent failures in manufacturing
    • To be used as training document
      • If you know what your SOP should emphasize, it’ll be easier to structure your writing around those points. It’s also easier to see just how important your SOP is.

Part2

Writing Your SOP

  1. Cover the necessary material. In general, technical SOPs will consist of four elements apart from the procedure itself:
    • Title page. This includes 1) the title of the procedure, 2) an SOP identification number, 3) date of issue or revision, 4) the name of the agency/division/branch the SOP applies to, and 5) the signatures of those who prepared and approved of the SOP. This can be formatted however you like, as long as the information is clear.
    • Table of Contents. This is only necessary if your SOP is quite long, allowing for ease of reference. A simple standard outline is what you’d find here.
    • Quality Assurance/Quality Control. A procedure is not a good procedure if it cannot be checked. Have the necessary materials and details provided so the reader can make sure they’ve obtained the desired results. This may or may not include other documents, like performance evaluation samples.
    • Reference. Be sure to list all cited or significant references. If you reference other SOPs, be sure to attach the necessary information in the appendix.
      • Your organization may have different protocol than this. If there are already preexisting SOPs you can refer to, abandon this structure and adhere to what’s already in place.
  2. For the procedure itself, make sure you cover the following:
    • Scope and applicability. In other words, describe the purpose of the process, its limits, and how it’s used. Include standards, regulatory requirements, roles and responsibilities, and inputs and outputs.
    • Methodology and procedures. The meat of the issue — list all the steps with necessary details, including what equipment needed. Cover sequential procedures and decision factors. Address the “what ifs” and the possible interferences or safety considerations.
    • Clarification of terminology. Identify acronyms, abbreviations, and all phrases that aren’t in common parlance.
    • Health and safety warnings. To be listed in its own section and alongside the steps where it is an issue. Do not gloss over this section.
    • Equipment and supplies. Complete list of what is needed and when, where to find equipment, standards of equipment, etc.
    • Cautions and interferences. Basically, a troubleshooting section. Cover what could go wrong, what to look out for, and what may interfere with the final, ideal product.
      • Give each of these topics their own section (usually denoted by numbers or letters) to keep your SOP from being wordy and confusing and to allow for easy reference.
      • This is by no means an exhaustive list; this is just the tip of the procedural iceberg. Your organization may specify other aspects that require attention.
  3. Make your writing concise and easy to read. Odds are your audience isn’t choosing to read this for fun. You want to keep it short and clear — otherwise their attention will stray or they’ll find the document formidable and hard to grasp. In general, keep your sentences as short as possible.
    • Here’s a bad example: Make sure that you clean out all of the dust from the air shafts before you begin using them.
    • Here’s a good example: Vacuum all dust from air shafts before use.
    • In general, don’t use “you.” It should be implied. Speak in the active voice and start your sentences with command verbs.
  4. If necessary, interview the personnel involved in the process on how they execute the task. The last thing you want to do is write an SOP that is just plain inaccurate. You’re compromising the safety of your team, their efficacy, their time, and you’re taking an established process and not paying it any mind — something your teammates may find a little offensive. If you need to, ask questions! You want to get this right.
    • Of course, if you don’t know, ask multiple sources, covering all roles and responsibilities. One team member may not follow standard operating procedure or another may only be involved in a portion of the deed.
  5. Break up large chunks of text with diagrams and flowcharts. If you have a step or two that are particularly intimidating, make it easy on your readers with some sort of chart or diagram. It makes it easier to read and gives the mind a brief hiatus from trying to make sense of it all. And it’ll be appear more complete and well-written for you.
    • Don’t include these just to bulk up your SOP; only do this if necessary or if trying to bridge a language gap.
  6. Make sure each page has control document notation. Your SOP is probably one of many SOPS — because of this, hopefully your organization has some type of larger database cataloguing everything within a certain reference system. Your SOP is part of this reference system, and therefore needs some type of code in order to be found. That’s where the notation comes in.
    • Each page should have a short title or ID #, a revision number, date, and “page # of #” in the upper right hand corner (for most formats). You may or may not need a footnote (or have these in the footnote), depending on your organization’s preferences.

Part3

Ensuring Success and Accuracy

  1. Test the procedure. If you don’t want to test your procedure, you probably haven’t written it well enough. Have someone with a limited knowledge of the process (or a person representative of the normal reader) use your SOP to guide them. What issues did they run across? If any, address them and make the necessary improvements.
    • It’s best to have a handful of people test your SOP. Different individuals will have different issues, allowing for a wide variety of (hopefully useful) responses
    • Be sure to test the procedure on someone who’s never done it before. Anyone with prior knowledge will be relying on their knowledge to get them through and not your work, thus defeating the purpose.
  2. Have the SOP reviewed by those who actually do the procedure. At the end of the day, it doesn’t really matter what your bosses think of the SOP. It’s those who actually do the work that it matters to. So before you submit your work to the higher ups, show your stuff to those that’ll be doing (or that do) the job. What do they think?
    • Allowing them to get involved and feel like they’re part of the process will make them more likely to accept this SOP you’re working on. And they’ll inevitably have some great ideas!
  3. Have the SOP reviewed by your advisors and the Quality Assurance team. Once the team gives you the go ahead, send it to your advisors. They’ll probably have less input on the actual content itself, but they’ll let you know if it meets formatting requirements, if there’s anything you missed, and the protocol for making it all official and input into the system.
    • Route the SOP for approvals using document management systems to ensure audit trails of the approvals. This will vary from organization to organization. Basically, you want everything to meet guidelines and regulations.
    • Signatures will be necessary and most organizations nowadays have no problem accepting electronic signatures.
  4. Once approved, start implementing your SOP. This may involve executing a formal training for the affect personnel (e.g. classroom training, computer-based training, etc.) or it may mean your paper is hung up in the bathroom. Whatever it is, get your work out there! You worked for it. Time for recognition!
    • Be sure your SOP remains current. If it ever gets outdated, update it, get the updates re-approved and documented, and redistribute the SOP as necessary. Your team’s safety, productivity, and success matter on it.

This information is courtesy of Wikihow.com

Status Update

I know that it has been awhile, since my last post, and for that I am sorry. However, I have been doing many things to further my understanding, of the California Medical Cannabis and new Adult-Use Cannabis Regulations, as well as establish relationships with local and state agencies.

 

loriajax
Photo courtesy of ICBC

 

I was at the International Cannabis Business Conference, in San Francisco, on Friday and had the luxury of listening to Lori Ajax (California’s Cannabis Czar) speak about the upcoming cannabis permitting process.

We now know that:
1. The State of California is set to begin taking applications, as planned, on 1/1/2018.
2. Now is the time to begin establishing relationships, with your local officials, since it will be impossible to obtain a state permit without local permission.
3. The State has no idea of how the federal government will proceed but they have set themselves up under Obama’s language, which is the best they can do for now.
We have been working to establish relationships with the following local Boards:
Sacramento City, Yolo County, Calaveras County, The City of Coalinga, El Dorado County, Nevada County, and Placer County.
6-things-we-know-about-ca-cannabis-permits
IF YOU, OR ANYONE YOU KNOW, IS THINKING ABOUT ENTERING THE CANNABIS INDUSTRY (IN ONE OF THESE AREAS) AND WOULD LIKE TO BEGIN ESTABLISHING A RELATIONSHIP WITH ANY OF THE ABOVE AGENCIES FEEL FREE TO CONTACT US AT
916-740-2141

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