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Impairment Vs Presence Of Cannabis: The International Cannabis Driving Debate Continues
Oct. 29, 2024 by SOMAÍ Pharmaceuticals
Around the world, the debate continues about how to quantify the presence of cannabis in an individual’s system and how it relates to their ability to operate a vehicle.
Nobody in this debate believes that anyone unable to drive should get behind the wheel of a car. Instead, the issue lies in the difficulty of creating a one-size-fits-all rule for a very complicated issue: how to judge if someone is too impaired to operate a vehicle.
Various parties have proposed multiple metrics, including the presence of cannabis in saliva, the levels of cannabis in the blood, and actual impairment.
Cannabis And Driving Laws In The USA
For more than two decades, the U.S. has studied the effects of cannabis on driving and has a wealth of information to draw upon. However, despite the volume of studies, policymakers have not reached a consensus, which is not surprising given the biological nuances of cannabis (versus a substance like alcohol).
One of the main issues behind defining impairment is the quantification of cannabis in the system. When one smokes cannabis, the absorption and impairment vary widely depending on several factors.
Suggested Strategies To Address Cannabis Consumption And Driving In The U.S.
A suggestion to address the issue of cannabis consumption and driving is a three-level approach to quantifying impairment.
The first level is effect-based. Here, law enforcement officers look for proof that there is impairment and it is due to the consumption of a drug. Commonly accepted tests like the ability to walk in a straight line may demonstrate that a driver is impaired. An effect-based approach can help to offset the fact that different cannabis consumption methods produce the strongest effects at disparate times; smoking cannabis has its most potent effects for the first 20 to 30 minutes after smoking, while oral dosages may take effect after one hour of consumption.
If the effect-based method is unclear, law enforcement may measure the amount of THC in an individual’s system. However, unlike alcohol, THC can remain in the system for long periods and build up over hours, days and months, making it very difficult to establish a simple presence rule.
The third level of testing is a quantitative threshold. Many U.S. states have adopted a valuation system based on the presence of THC in the bloodstream, though that level varies considerably from state to state. In Ohio and Nevada, more than 0.2 ng/ml of blood is considered impaired, while in Colorado, Illinois, Montana, and Washington, 0.5 ng/ml is considered impaired. Additionally, a 2007 study suggested that 0.7 to 1.0 ng/ml qualifies as impairment. A follow-up government piece from 2019 essentially reaffirmed this stance. Despite existing laws, a recent study cast doubts on the ability to actually set quantifiable limits to measure impairment from THC. Simple presence is not the answer, and setting safe and fair impairment standards is proving difficult.
German Laws Governing Cannabis And Driving
Germany, UK and Australia are the two most progressive global medical cannabis countries grappling with the issue of cannabis impairment and driving right now. German contributor Atilla Ldil expands on the country’s approach:
“Currently, German cannabis driving laws differentiate between medical patients and ‘recreational’ consumers, but these laws continue to cause significant problems for patients. Despite being legally permitted to drive when following medical guidelines, enforcement remains inconsistent. Arbitrary police stops, expensive and burdensome tests, as well as sanctions from licensing authorities not only threaten the financial security of many patients but often their professional future as well. Psychological evaluations, which many are required to undergo, are costly and frequently conducted by evaluators who are critical of cannabis, leading to negative assessments — even when patients pass the tests. As a result, some patients lose their driving license and, with it, the ability to pursue their profession or manage their daily lives independently. The life stories of these individuals are marked by discrimination, stigmatization, and existential threats, all of which are exacerbated by a legal system that still does not fully accept the use of cannabis, even for medical purposes.
The new THC threshold of 3.5 nanograms applies only to recreational users, not patients. Drivers without impairment and with a blood THC level below this limit should not face additional penalties or evaluations. However, many patients continue to face severe discrimination and costly bureaucratic hurdles regarding their driving rights.”
Cannabis And Driving Laws In England
English contributor Rupa Shah of Relief U.K. provides an inside perspective on cannabis and driving laws in the U.K.:
“In England, cannabis driving laws center around the presence of THC in a driver’s system, with strict enforcement despite the evolving landscape of medical cannabis. The current law sets a very low legal limit of 2 micrograms of THC per liter of blood, reflecting a zero-tolerance stance. Police assess impairment through a combination of observational tests, such as checking for bloodshot eyes or unusual behavior, and formal roadside impairment tests, like walking in a straight line. Additionally, oral swabs are used to detect the presence of THC, though these tests only indicate recent use, not actual impairment.
If a driver is suspected of impairment, they may be taken to a police station for a blood test, which becomes the primary evidence in drugged-driving cases. While the presence of THC over the legal limit results in penalties, this approach has been criticized for failing to distinguish between impairment and residual traces in medical cannabis patients. The medical defense allows for driving with a prescription, provided the driver is not impaired, yet patients still face legal challenges due to the discrepancy between presence and impairment.
The lack of correlation between THC levels and impairment raises concerns about fairness, particularly for medical cannabis users who may have elevated THC levels without any functional impairment. Calls for reform suggest adopting a more nuanced approach, akin to Germany’s differentiation between medical and recreational users, to balance road safety with patients’ rights.”
Cannabis And Vehicle Operation Laws In Australia
Australia, like many other places, defines the presence of cannabis as impairment, which is the most extreme and archaic form of prohibition. Again, while nobody wants impaired drivers, THC presence at random road checks with a simple swab in the mouth cannot be a civilized approach. There is little to defend this position except an abundance of caution, which is hard to argue with given public safety parameters. As wrong as it is, the debate continues.
Australian contributor Elizabeth Warburton of Nativva notes:
“…in Australia, cannabis is the only legally prescribed medication for which you lose your license when testing positive for presence. Australian laws do not account for the difference between presence and impairment, making medicinal cannabis inaccessible to Australians who require the ability to drive in their everyday lives. Current driving laws are prohibitive and discriminatory, as penalties for testing positive for cannabis are more severe than the penalties faced by drivers with a positive breath test for alcohol. These laws mean patients cannot even take a full-spectrum oil with minimal amounts of THC without fear of losing their license and livelihood, which is impeding positive health outcomes nationwide.”
Contributor Fadi Roumieh adds:
“Medical cannabis patients report significant improvements across various health-related quality-of-life measures and an increase in function over time. A recent open-label trial produced positive results in simulated and perceived driving performance in patients on medicinal cannabis. The study suggested a negligible impact on driving performance. Further, government-funded trials are ongoing which aim to strengthen the case to change the driving laws in Australia.
The Future Of Cannabis And Driving Laws
While the debate continues around the globe, we can be certain that THC presence alone, measured by a mouth swab, is insufficient to gauge intoxication without other concrete impairment guidance to avoid unfair subjectivity. Levels of cannabis in the system alone may not take into consideration the medical needs and tolerance of individuals. Nobody wants impaired drivers on the road, so we must develop regulations to protect both public safety and patients’ rights.
This article by Michael Sassano was originally published in Benzinga.
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Consider Cannabis – Cannabis and International Markets
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Disposable Vapes Are An Environmental Concern But Producers Won’t Stop Making ’til You Stop Buying
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SAFE Banking Act Dropped From China Competition Bill
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Thailand removes cannabis from narcotics list, decriminalises growing plants at home
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3 Reasons Cannabis Sin Stocks Stay Strong in Volatile Markets
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Inflation: is it affecting the cannabis market?
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The case for improving absorption for cannabinoids using ethosomes
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Opinion: 2022 could be the year for pharmaceutical marijuana
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Karma Koala Podcast Episode 67: This Week Michael Sassano, Inesa Ponomariovaite & Our Regular Segment From Dentons German Cannabis Head, Peter Homberg
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Innovations in Dosing Technologies: Getting an Accurate Hit, Every Time
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Safety and Culture at Forefront of Cannabis Social Club vs. Dispensary Debate
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Synthetic Cannabinoids versus Plant-Derived Products
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Spotlight Interview with Michael Sassano, CEO and Chairman of the Board for Somai Pharmaceuticals
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How Germany Can Enter The Adult-Use Cannabis Market Successfully
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How Germany Can Enter The Adult-Use Cannabis Market Successfully
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Portugal Is Highly Likely To Legalize Recreational Cannabis
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Michael Sassano – Somai Pharmaceuticals – Conforming to the Highest Pharmaceutical Standards
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Uber Eats to Offer “Baked Goods” with Canadian Cannabis Partnership
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Croptober – Navigating the Business of Cannabis Cultivation and Sustainability – Michael Sassano
YouTube - Somai Pharmaceuticals On Thursday, October 28 Excelsior College hosted a cannabis webinar, Croptober: Navigating the Business of Cannabis...
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Which Countries Will Likely Legalize Cannabis In 2022 And Why Isn’t The US Among Them?
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Michael Sassano, Renowned Pharmaceutical Expert, and Founder and CEO of Somai Pharmaceuticals LTD Zoom Interviewed
EIN Presswire Michael Sassano, Renowned Pharmaceutical Expert, Founder & CEO of Somai Pharmaceuticals LTD Zoom Interviewed for The DotCom Magazine
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How SOMAÍ is Bringing ‘Peak Efficiency’ and ‘Peak Profitability’ to the European Cannabis Market
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Cannabis Investment: 7 Best Marijuana Stocks to Buy for 2022
WTOP (Washington DC News) These seven marijuana stocks are on sale. Investors had high hopes for the legal marijuana industry...
Michael Sassano: GMP Series #8: Manufacturing Startup
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Few Medical Cannabis Licenses in Portugal Have Been Awarded
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Cannabis Co. Receives $3M ‘Innovative Products’ Grant From Government, EU In Portugal
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SOMAÍ Pharmaceuticals awarded €2.7M in funding from Portugal 2020 Grant
BusinessCann SOMAÍ Pharmaceuticals Unipessoal LDA has received an innovative products grant of 2.7 million euros by the Portugal 2020 committee....
Projeto Nº POCI-02-0853-FEDER-179647
SOMAÍ Pharmaceuticals Unipessoal LDA has officially opened its new state-of-the-art pharmaceutical EU-GMP facility in Portugal.
EU: Cannabis company receives €2.7 million grant
MMJ Daily Somaí Pharmaceuticals has received a €2.7 million grant from the Portugal 2020 committee.
SOMAÍ Pharmaceuticals Erhält Im Rahmen Von Portugal 2020 Fördermittel In Höhe Von 2,7 Mio. Euro
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Finanz Nachrichten LISSABON, Portugal, Nov. 10, 2021 (GLOBE NEWSWIRE) -- SOMAÍ Pharmaceuticals Unipessoal LDA hat vom Portugal 2020-Komitee Fördermittel für...
SOMAÍ Pharmaceuticals awarded €2.7M in funding from Portugal 2020 Grant
Yahoo Finance LISBON, Portugal, Nov. 10, 2021 (GLOBE NEWSWIRE) -- SOMAÍ Pharmaceuticals Unipessoal LDA has received an innovative products grant...
SOMAÍ Pharmaceuticals awarded €2.7M in funding from Portugal 2020 Grant
AP News LISBON, Portugal, Nov. 10, 2021 (GLOBE NEWSWIRE) -- SOMAÍ Pharmaceuticals Unipessoal LDA has received an innovative products grant...
SOMAÍ Pharmaceuticals awarded €2.7M in funding from Portugal 2020 Grant
Opera News LISBON, Portugal, Nov. 10, 2021 (GLOBE NEWSWIRE) -- SOMAÍ Pharmaceuticals Unipessoal LDA has received an innovative products grant...
SOMAÍ Pharmaceuticals awarded €2.7M in funding from Portugal 2020 Grant
Profiles in Legalization LISBON, Portugal — SOMAÍ Pharmaceuticals Unipessoal LDA has received an innovative products grant of 2.7 million euros...
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These Are The Cannabis Industry’s Biggest Tricks and Treats So Far
Benzinga Halloween is almost here. As costumed revelers prepare for a weekend of celebrations, the cannabis industry readies for the...
Michael Sassano: GMP Series #7: Personnel Recruitment
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Michael Sassano: GMP Series Part 6 – Quality Assurance Implementation
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Why Germany is Not the Future Leader of European Cannabis
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Michael Sassano CEO and Chairman Somai Pharmaceuticals: GMP Series #5: ERP Implementations
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Does Big Business Provide A Better Look Into Cannabis Reform Than Capitol Hill?
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Does Big Business Provide A Better Look Into Cannabis Reform Than Capitol Hill?
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Does Big Business Provide A Better Look Into Cannabis Reform Than Capitol Hill? Operators Believe So.
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Cannabis Stocks Next Big Wave Is Coming Late August
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Michael Sassano and Antonio Guedelha: GMP Series Part 4: Laboratory Set-Up
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GMP Series Part 3: Process Equipment Procurement
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Could Drug Store Giants Eventually Sell THC? It’s Possible, But Many Hurdles Remain
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European Cannabis is Starting to Look Like the US Market 10 Years Ago
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CANNA WORLD EXPO EUROPEAN UPDATE SOMAI PHARMACEUTICALS CEO MICHAEL SASSANO
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Beyond CBD, THC: ‘Minor’ Cannabinoids Flood Market — Lack of data is concerning, even for practitioners who believe in medical cannabis
MedPage Today On the heels of the cannabidiol (CBD) craze come three other cannabinoids touted as potential treatments for various...
Why GMP is the Future of Quality Control for the Global Industry
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SOMAÍ Pharmaceuticals Bringing The Future Of European Cannabis Market
Benzinga When the COVID-19 pandemic hit the world by surprise last year, cannabis businesses around the world faced the uncertainty...
SOMAÍ Pharmaceuticals Bringing The Future Of European Cannabis Market
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Morocco: Cannabis Legislation but the Devil in the Details
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Low-Cost Pot Stocks To Consider, According To SOMAÍ Pharmaceuticals CEO Mike Sassano
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Cannabis Revival and Year of the SPAC’s: What’s To Be Expected the Rest of 2021?
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SPAC Mania: The Biggest Cannabis Boom Is Yet To Come
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GMP Series Part 2: Building and Design – Authored By: Michael Sassano and Antonio Guedelha
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Benzinga Cannabis Capital Conference | February 25-26, 2021 | Michael Sassano
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Cannabiz: How to Invest in This Growing Industry
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GMP & Compliance: GMP SERIES #1: “Starting Your GMP Approval Process for Cannabis Correctly”
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PREDICTIONS | Want to know the future? There are two ways: a crystal ball or really smart people (pages 74-75)
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Ingenious Cannabis Entrepreneurs to watch in 2021
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These Are The Top European Cannabis Companies
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Tantalizing Terpenes Boost Cannabinoid Blends For The European Market (pages 20-21)
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UK to see largest medical cannabis market growth in Europe 2020 to 2025
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Desert Oasis | Solaris Farms is capitalizing on a prime location and plenty of Nevada sunshine (page 58-61 November issue)
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Cannabis Top 20: North America’s Largest Commercial Grows
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Real Deals – Michael Sassano
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Best practices for securing your cannabis grow operations and supply chains
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Cannabis Terpenes: What Growers Need to Know
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Opening the Pot: Vegas Cannabis Industry Moving Ahead Amidst COVID
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California joins push to let cannabis businesses use banks as part of coronavirus relief
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Cannabis company executives speak to the industry’s trying times
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Why Large-scale cannabis producers are turning to Hybrid Greenhouses
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Lawmakers Look to Include Cannabis Banking Reform in Next COVID-19 Stimulus Bill
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COVID-19 Is Leaving Its Mark On The Cannabis Industry, Insiders Say
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Why Cannabis Will Boom During the “New Normal”
Nisonco "In the future, the entire cannabis industry will benefit from not only it’s essential medicine title, but also hundreds...
Cannabis Do-Gooders: These Companies Are Lending A Helping Hand Against COVID-19
Benzinga “Creating a safe environment while cannabis is deemed 'essential' added tremendous positive energy for our team, while at the...
Cannabis Do-Gooders: These Companies Are Lending A Helping Hand Against COVID-19
Yahoo finance "Recently, in-order to give back to the community and create outward good will, Solaris Farms reduced pricing to...
Hemp Companies Step Up To Help During Pandemic
Hemp Market Report “Although our first priority is to the safety of our employees and doing our part to slow...
Cannabis Pros Sound Off On How Coronavirus Pandemic Will Affect Industry
Forbes Michael Sassano, founder and CEO of Solaris Farms, a Las Vegas-based greenhouse for growing cannabis, is filtering the turmoil...
CannaBusiness Tips For Coronavirus Times
Benzinga "Don’t panic, but it’s time to look at a slow down in all businesses, including cannabis sales. Recently, I...
Cannabis Executives on Turbulent Markets: “Don’t Panic”
Equities “I’m a believer in letting the flood gates open. But I see things from a well established position. The...
Michael Sassano: the man bringing US cannabis know-how to Europe
Cleanroom Technology The focus of the marketplace is on CBD, Sassano admits, noting regulation is developing. "Places like Switzerland have...
Michael Sassano: the man bringing US cannabis know-how to Europe
NBR A US native, Sassano believes a more liberal approach to the use of cannabis will take some time for...
Michael Sassano: the man bringing US cannabis know-how to Europe
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New Cannabis Products: Kiva’s Camino CBN Line, Solaris x Cannabis & Culture’s Line And A Topical Cream
Yahoo finance "With over $100,000 in sales the first week of launch, it’s clear that Culture and Cannabis’s reach means...
New Cannabis Products: Kiva’s Camino CBN Line, Solaris x Cannabis & Culture’s Line And A Topical Cream
Benzinga Michael Sassano, CEO of Solaris, told Benzinga, "The merger of the Culture and Cannabis media group with Solaris Farms...
European Union Urges Member Nations to Vote for World Health Organization’s Cannabis Rescheduling Recommendations
Cannabis Business Times “The 1961 Narcotics Act of Europe is similar to [the Drug Enforcement Administration’s (DEA)] Schedule I in...
“Marijuana is a global trend that can no longer be stopped.”
Incrussia The largest marijuana market in Europe is now Germany ($100 million). The American market is estimated at about $10...
Which European Countries Cannabis Investors Should Watch in the New Decade
Equities Europe is at the crawling stage of cannabis development and starting their first awkward steps with medical acceptance. -...
Solaris Farms & Tech-Driven Growing
Culture & Cannabis The cultivation is relatively new, springing up in the summer of 2016. Despite its age, Solaris Farms...
‘Big Cannabis’ Technologically Ahead Of Its Times, But Post-Harvest Automation Remains Elusive
Forbes “The tech is getting closer but we’re not there yet,” said Michael Sassano, CEO, Solaris Farms, a cannabis cultivator...
U.S. leads in cannabis innovation, but cedes global market to Canada
The Denver Post The genetics and sophistication underlying the U.S. cannabis industry lead to better-quality and higher-potency flowers for those...
American pot is the gold standard. But Canada leads the export game — for now
Salon The genetics and sophistication underlying the U.S. cannabis industry lead to better-quality and higher-potency flowers for those who smoke...
American pot is the gold standard. But Canada leads the export game — for now
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From Seed to Sale Nevada’s Cash Crop Cannabis Industry
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America’s marijuana growers are the best in the world, but federal laws are keeping them out of global markets
Washington Post Federal prohibitions are getting in the way of efforts to grow the U.S. marijuana business into a global...
What Should Investors Take Away From MJBizCon 2019?
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How to Do Cannabis Cultivation Business Planning for Growth
B-Plans Developing a cannabis cultivation business requires significant planning, dedication, and focus. Initially, you’ll need to develop a solid plan...
“5 Things I Wish Someone Told Me Before I Started Leading a Cannabis Business”, with Michael Sassano and Len Giancola
Medium The cannabis business is a complete dedication and you must make large sacrifices for it. It is very fast...
Key trends when investing in the Cannabis industry in Opportunity Zones
Opportunity Zone Cannabis land development is growing and gaining traction in Opportunity Zones (OZ). Not only has a large amount...
Vegas Hybrid GreenHouse Dominance by Mike Sassano – page 20
Vegas Cannabis magazine
The Cannabis Cultivation Costs by State
MG Retail Magazine To the outside world, the legal cannabis industry appears to be one big cash machine. While it’s...
Mike Sassano: Increasing Potency with Greenhouse Technology
Ganjapreneur Michael Sassano is the CEO and founder of Solaris Farms, one of three large greenhouse cannabis cultivators in Nevada....
OZ WRITERS COUNCIL DIRECTORY
OZ WRITERS COUNCIL DIRECTORY The Council is an invitation-only group of executives and professionals with experience in the Opportunity Zone...
Are cannabis hand-trimmers an endangered species?
Leafly Many people in the cannabis industry start out as trimmers. Wearing “sticky gloves” is a way to learn the...
Automation and sensors in hybrid greenhouses
AgTechTomorrow Solaris is a high tech hybrid greenhouse designed specifically for desert environments. It was the first ground up hybrid...
Desert Greenhouse Cultivation
Blunt Business Desert greenhouse cultivation with Michael Sassano Founder and CEO of Solaris Farms. Michael says they have the largest...
Five Diverse Questions With Michael Sassano, Founder: Solaris Farms
Forbes I was born and raised in Cleveland, Ohio before attending Boston University. I graduated Cum Laude with Distinction in...
Automation is the Future of Cannabis
Equities As industries evolve, the companies within them consistently work to implement new methods that update their processes so they...
How Solaris Farms’ Michael Sassano Works: Cannabis Workspace
Cannabis Business Times In this installment, CBT presents an up-close look at the tools and habits behind the Nevada-based cultivator’s...
Federal Court Orders DEA to Explain Inaction on Cannabis Cultivation Applications
Analytical Cannabis Michael Sassano, founder and CEO of the Nevada-based cannabis cultivation operation Solaris Farms, told the Cannabis Business Times,...
Federal Court Orders DEA to Explain Why It Has Ignored Cannabis Cultivation Applications
Cannabis Business Times A federal court has ordered the Drug Enforcement Administration (DEA) to explain why it has not responded...
Soma Pharmaceuticals Reveals Plans for Ireland’s Medical Cannabis Market
Cannabis Business Times As cannabis policy reform continues to sweep the globe, Ireland has launched a medical cannabis pilot program,...
What Technology Will Most Impact The Cannabis Industry? 24 Experts Share Their Insights
Disruptor Daily Cannabis legalization is gaining serious steam, and the industry is coming to a crossroads as nationwide demand for...
Solaris Farms Tackles Desert Heat with Global Tech
CannabisTech When Michael Sassano founded Solaris Farms in the Las Vegas area in 2016, his goals were ambitious - create...
What Trends Are Shaping The Cannabis Industry In 2019? 25 Experts Weigh In
Disruptor Daily Considering the topic of this article, you'd be forgiven for wondering whether it's 4/20 yet. It's not, but...
What’s The Future Of The Cannabis Industry? 28 Experts Share Their Perspectives
Disruptor Daily Bob Dylan once said that the times are a-changin', and no industry echoes that message like the cannabis...
CANNABIS INTERVIEW – MICHAEL SASSANO – FOUNDER SOLARIS FARMS
Cannabis Magazine Want to know more about one of the world’s largest greenhouses for growing cannabis? We sat down with...
Mike Sassano – A Cannabis Business in the Opportunity Zone
BuzzSprouts Mike Sassano's eclectic career has taken him from Cleveland to Wall Street, to Monaco and now Las Vegas. As...
Define “Organic”: The Cannabis Movement Is Stuck On Labeling
Dope Magazine Michael Sassano of Nevada’s Green Cross of America said all cannabis grown in the state is done without...