Legal Usage

United States

As of August 2013, 20 states plus the District of Columbia have passed referendums to allow doctors to prescribe medical cannabis to patients suffering from critical ailments. The laws about cannabis use vary slightly from state to state. California was the first state to allow medical cannabis, passing a referendum in 1996. Additional states are considering legalizing cannabis for medical use. Generally, medical cannabis has been widely approved for treating illnesses such as cancer, HIV/AIDS, chronic pain, and cachexia, but the exact lists of approved ailments varies from state to state.

OmniCanna is targeting medical cannabis initiatives state by state for the sale of its products. In the states where dispensaries are allowed, our products will be available for purchase by licensed medical cannabis patients in the future.

Medical Marijuana Passed

*Map provided by NORML. Indicates states where medical cannabis is legal.

Over the Counter

The OmniCanna personal care product line includes several components beneficial to the skin. These include hemp oil, vitamin E, and aloe vera. Hemp is a different variety than cannabis. Cannabis is the flowering tops and leaves of psychoactive varieties of Cannabis sativa L plant. Hemp is the low-THC oilseed and fiber variety of Cannabis sativa L plant. Industrial hemp is characterized as being low in THC (delta-9 tetrahydrocannabinol) and high in CBD (Cannabidiol). The ratio of CBD to THC is greater than one.

While cannabis is illegal at a federal level in the United States, it is not technically illegal to grow hemp. However, it is illegal to grow hemp in the United States without a special Drug Enforcement Administration (DEA) permit being issued, and the regulations around this permit are very strict. It is almost impossible to obtain the permit necessary for cultivation. Kentucky has passed a bill allowing industrial hemp to be grown in the State, paving the way for similar legislation in the future. Hemp can be imported into the United States, and then used in cosmeceutical and nutraceutical production. In Canada and in Europe, the legal level of THC for cultivation is 0.3%.

Products made with hemp are readily available on the Over the Counter market and include shampoo, supplements, lotion, soap, and a variety of other products. OmniCanna is poised to introduce its skincare products in this market both in the United States and Europe.

Social Usage

In November, 2012, in a monumental political step, Colorado and Washington State became the first states to effectively legalize cannabis for adult recreational use. Amendment 64 in Colorado and Initiative 502 in Washington State both now allow adults 21 years and older to possess small amounts of cannabis and grow their own plants. These milestones were called “an electoral first not only for America, but for the world” by the Economist.

Initiative 502 was approved on November 6, 2012, legalizing the production, possession, delivery, and distribution of cannabis. The initiative regulates the sale of small amounts of cannabis to people 21 and older. The Washington State Liquor Control Board will license cannabis farms and food processors. The petition included over 250,000 valid signatures, signifying a great deal of support for the measure.

The intent of Initiative 502 is worded in the bill as: “The people intend to stop treating adult marijuana use as a crime and try a new approach that:

1) Allows law enforcement resources to be focused on violent and property crimes;

2) Generates new state and local tax revenue for education, health care, research, and substance abuse prevention; and

3) Takes marijuana out of the hands of illegal drug organizations and brings it under a tightly regulated, state-licensed system similar to that for controlling hard alcohol.”

The retail sale of cannabis will be restricted to only a few locations, as they cannot be placed within 1,000 feet of schools. Medical cannabis is still regulated under the State of Washington’s Department of Health.

Amendment 64 to Article 18 of the Colorado state constitution passed on November 6, 2012. Under Amendment 64, people over 21 can grow up to three immature and three mature cannabis plants privately in a locked space, legally possess all cannabis from the plants they grow, legally possess up to one ounce of cannabis while traveling, and give as a gift up to one ounce to other citizens 21 years or older.

The legislation defines industrial hemp as any part of the cannabis plant, growing or not, “with a delta-9-tetrahydrocannabinol concentration that does not exceed three tenths percent (0.3%) on a dry weight basis.” Industrial hemp will be regulated separately from cannabis with higher THC concentrations.

Licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores will be allowed.