TREC Brands, Save Canadian Mining & Matt Bottomley, Cannaccord Genuity - Midas Letter RAW 295

November 18, 2019
TREC Brands, Save Canadian Mining & Matt Bottomley, Cannaccord Genuity  - Midas Letter RAW 295
Midas Letter RAW highlights the stocks and stories to watch in the Canadian markets today. James West and Ed Milewski provide comprehensive fundamental & technical analysis on all trending business and investment news, while interviewing the top CEOs of all public companies and analysts with the highest reputations in the business. ************************ Check out our website: https://midasletter.com ************************ SUBSCRIBE to our YouTube: http://bit.ly/MidasLetterYoutube SUBSCRIBE to our 2nd YouTube Channel - Midas Letter Clips: https://bit.ly/2rtQzgy SUBSCRIBE to our Newsletter: http://bit.ly/MidasLetterNewsletter Download Our Podcast on iTunes: http://bit.ly/MidasLetterPodcast ************************ Follow Us on Twitter: http://bit.ly/MidasLetterTwitter Like Us on Instagram: http://bit.ly/MidasLetterInsta Like Us on Facebook: http://bit.ly/MidasLetterFacebook ************************ #WeedStocks #MidasLetter

george scorsis

Matt Bottomly Cannabis Market Analysis

November 18, 2019
Matt Bottomly Cannabis Market Analysis
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George Scorsis

Olympic Gold Medalist Levelling the Playing Field in Cannabis

November 18, 2019
Olympic Gold Medalist Levelling the Playing Field in Cannabis
Canadian professional snowboarder, Olympic Gold Medal Winner and Legacy Brands founder and CEO Ross Rebagliati joins Midas Letter to discuss setting the gold standard for cannabis retail companies and his own sporting experiences with the plant. Mr. Rebagliati was the first ever athlete to win an Olympic Gold Medal for men's snowboarding at the 1998 Olympic Games. Subsequent to winning however, having found traces of THC in his system, was disqualified and stripped of his achievement. The decision was eventually overturned but not before Mr. Rebagliati spent time in a Japanese jail. Since his athletic achievements, Mr Rebagliati has maintained belief that cannabis is part of living a healthy lifestyle and has founded a medical marijuana business: Legacy Brands. Watch the full interview to find out Ross Brands business plan and how the legendary snowboarder is levelling the playing field in Cannabis. ************************ Check out our website: https://midasletter.com ************************ SUBSCRIBE to our YouTube: http://bit.ly/MidasLetterYoutube SUBSCRIBE to our 2nd YouTube Channel - Midas Letter Clips: https://bit.ly/2rtQzgy SUBSCRIBE to our Newsletter: http://bit.ly/MidasLetterNewsletter Download Our Podcast on iTunes: http://bit.ly/MidasLetterPodcast ************************ Follow Us on Twitter: http://bit.ly/MidasLetterTwitter Like Us on Instagram: http://bit.ly/MidasLetterInsta Like Us on Facebook: http://bit.ly/MidasLetterFacebook ************************ #WeedStocks #MidasLetter

George Scorsis Liberty Health Sciences

Hemp-CBD Across State Lines: Michigan

November 17, 2019

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA.

This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp.

In light of these legislative changes, we are presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (“Hemp CBD”). Each Sunday, we summarize a new state in alphabetical order. Today we turn to Michigan.

The cultivation of hemp has been authorized in Michigan and overseen by the Department of Agriculture and Rural Development (“MDARD”). Until a year ago, only the MDARD or a college or university could grow industrial hemp for the strict purpose of research.

However, on December 28, 2018, Governor Rick Snyder signed into law Michigan House Bills 6330, 6331 and 6380 (Public Acts 641, 642, and 648 of 2018), amending the Industrial Hemp Research Act and creating the new Industrial Hemp Research and Development Act. The Industrial Hemp Research and Development Act requires the MDARD to regulate the growing, processing and handling of industrial hemp. The other new laws make changes to the Public Health Code and the Michigan Marihuana Facilities Licensing Act to address the new Industrial Hemp Research and Development Act. Despite these enactments, the new laws won’t go into effect until the USDA approves the state’s plan and the MDARD adopts hemp rules.

Michigan does not appear to have a licensing process for creating products derived from industrial hemp. However, Michigan’s office of Licensing and Regulatory Affairs (“LARA”), which oversees Michigan’s medical marijuana program, issued guidance, stating that marketing CBD-infused food is illegal in the state, per FDA guidelines. The guidelines are silent as to whether CBD may be lawfully infused to other categories of products. Earlier this fall, Michigan’s Governor prohibited the sale of flavored vape products, which seemed limited to nicotine products but could apply to Hemp CBD products. However, the ban was blocked by a judge on October 15, which means the sale of these products remains allowed but unregulated.

While Michigan seems to have jumped on the hemp-bandwagon, the state has yet to regulate the commercial production of hemp and Hemp-CBD products. Accordingly, the distribution and sale of Hemp-CBD products comes with certain risks in the Great Lakes State.

For previous coverage in this series, check out the links below:


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george scorsis

Cannabis Patent Litigation: Remedies for Patent Infringement

November 16, 2019

Continuing our discussion from last week, we received a few follow-up questions on whether patent litigation is really worth the trouble and what can be potentially recovered. In short, the amount of damages you can recover for patent infringement is outlined by statute. Here is a cursory discussion of the different types of damages that are available in such a case:

Compensatory damages

35 U.S.C.A. § 284 provides: “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.”

The major, underlying theory of damages in patent litigation is to deny the infringer the fruits of his illegal act, AND to restore to the patent owner the benefits which he would have derived from his monopoly had he not been denied the infringing sales. Another way to think about this is the distinction between “damages” and “profits.” Profits refers to what an infringer makes. Damages refers to what a patent owner lost by the infringement. A patent owner’s monetary award equals the amount adequate to compensate him for the infringement (usually, for the patent owner’s lost profits), but in no event less than a reasonable or established royalty.

Measured by patent owner’s lost profits

For a patent owner to recover lost profits, he must demonstrate that “but for” the infringement, he would have made the sales that the infringer made. To recover under the lost profits approach, the patent owner must prove two things:

  • The patent owner would have made the sale of the product but for the infringement (which is an inquiry made based on the demand for the patented product in the market, the patent owner’s ability to meet this demand, and the absence of acceptable substitutes); and
  • Computation on the loss of profits by proper evidence.

Unlike copyright or trademark infringement, patent infringement does not provide for an accounting for an infringer’s profits (except in the case of a design patent). However, the infringer’s profits may properly be considered, for comparison purposes with the patent owner’s proof of his lost profits, in estimating the patent owner’s damages.

Lost profits may be in the form of diverted sales, eroded prices, or increased expenses. It should be noted that an infringer’s foreign sales are not included in this calculation because protection only extends to infringement in the United States.

Measured by a reasonable royalty

In the event a patent owner cannot prove the above, his damages are limited to a “reasonable royalty.” A reasonable royalty is generally the amount at which a person desiring to manufacture and sell a patented product would be willing to pay as a royalty to the patent owner. The factors considered in this analysis are called the Georgia-Pacific factors (from Georgia-Pacific Corp v. United States Plywood Corp.):

  • The royalties received by the patent owner for the licensing of the subject patent.
  • The rates paid by the licensee for the use of other patents comparable to the subject patent.
  • The nature and scope of the license, as exclusive or non-exclusive.
  • The licensor’s established policy and marketing program to maintain his patent monopoly by not licensing others to use the invention or by granting licenses under special conditions designed to preserve that monopoly.
  • The commercial relationship between the licensor and licensee.
  • The effect of selling the patented specialty in promoting sales of other products of the licensee; the existing value of the invention to the licensor as a generator of sales of his non-patented items; and the extent of such derivative or convoyed sales.
  • The duration of the patent and the term of the license.
  • The established profitability of the product made under the patent; its commercial success; and its current popularity.
  • The utility and advantages of the patent property over the old modes or devices, if any, that had been used for working out similar results.
  • The nature of the patented invention; the character of the commercial embodiment of it as owned and produced by the licensor; and the benefits to those who have used the invention.
  • The extent to which the infringer has made use of the invention; and any evidence probative of the value of that use.
  • The portion of the profit or of the selling price that may be customary in the particular business or in comparable businesses to allow for the use of the invention or analogous inventions.
  • The portion of the realizable profit that should be credited to the invention as distinguished from non-patented elements, the manufacturing process, business risks, or significant features or improvements added by the infringer.
  • The opinion testimony of qualified experts.
  • The amount that a licensor (such as the patent owner) and a licensee (such as the infringer) would have agreed upon (at the time the infringement began) if both had been reasonably and voluntarily trying to reach an agreement.

Indirect damages

Generally, indirect or consequential damages (such as lost supply sales) are not recoverable.

Interest on damages award

35 U.S.C.A. § 284 provides as follows regarding interest: “Upon finding for the claimant the court shall award the claimant damages … together with interest and costs as fixed by the court.”

Both pre-judgment and post-judgment interest are included.

Exemplary (or, punitive) damages

35 U.S.C.A. § 284 provides as follows regarding exemplary damages: “When the damages are not found by a jury, the court shall assess them. In either event, the court may increase the damages up to three times the amount found or assessed.”

A patent owner can win exemplary damages, up to and including three times the actual damages, where the infringer has knowingly, deliberately, intentionally, willfully, or wantonly infringed the patent. While “willful infringement” is a nebulous fact inquiry, the primary question is whether the infringer, acting in good faith, had reason to believe that it had the right to act in the infringing manner. The In re Seagate Technology test is comprised of two parts:

  • Did the infringer act despite an objectively high likelihood that his actions would constitute infringement of a valid patent? (Note, the infringer’s actual state of mind is irrelevant).
  • Was this risk either known or so obvious that it should’ve been known to the infringer?

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George Scorsis Aphria

Major cannabis firm MedMen slashes more than 190 jobs, unloads assets to bolster bottom line

November 15, 2019

MedMen, a Los Angeles-based multistate marijuana operator, announced it is laying off more than 190 employees to shore up its bottom line, joining a growing list of cannabis companies shedding workers amid falling MJ stock prices and a dearth of outside funding. The cash-strapped, vertically integrated company also disclosed plans to scale back its store

Major cannabis firm MedMen slashes more than 190 jobs, unloads assets to bolster bottom line is a post from: Marijuana Business Daily: Financial, Legal & Cannabusiness news for cannabis entrepreneurs


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George Scorsis

Red, White & Bloom & StoneCastle Cannabis Update - Midas Letter RAW 294

November 15, 2019
Red, White & Bloom & StoneCastle Cannabis Update - Midas Letter RAW 294
Midas Letter RAW highlights the stocks and stories to watch in the Canadian markets today. James West and Ed Milewski provide comprehensive fundamental & technical analysis on all trending business and investment news, while interviewing the top CEOs of all public companies and analysts with the highest reputations in the business. ************************ Check out our website: https://midasletter.com ************************ SUBSCRIBE to our YouTube: http://bit.ly/MidasLetterYoutube SUBSCRIBE to our 2nd YouTube Channel - Midas Letter Clips: https://bit.ly/2rtQzgy SUBSCRIBE to our Newsletter: http://bit.ly/MidasLetterNewsletter Download Our Podcast on iTunes: http://bit.ly/MidasLetterPodcast ************************ Follow Us on Twitter: http://bit.ly/MidasLetterTwitter Like Us on Instagram: http://bit.ly/MidasLetterInsta Like Us on Facebook: http://bit.ly/MidasLetterFacebook ************************ #WeedStocks #MidasLetter

George Scorsis website

StoneCastle Investment's Cannabis Weekly Update - November 15 2019

November 15, 2019
StoneCastle Investment
************************ Check out our website: https://midasletter.com ************************ SUBSCRIBE to our YouTube: http://bit.ly/MidasLetterYoutube SUBSCRIBE to our 2nd YouTube Channel - Midas Letter Clips: https://bit.ly/2rtQzgy SUBSCRIBE to our Newsletter: http://bit.ly/MidasLetterNewsletter Download Our Podcast on iTunes: http://bit.ly/MidasLetterPodcast ************************ Follow Us on Twitter: http://bit.ly/MidasLetterTwitter Like Us on Instagram: http://bit.ly/MidasLetterInsta Like Us on Facebook: http://bit.ly/MidasLetterFacebook ************************ #WeedStocks #MidasLetter

George Scorsis Liberty Health Sciences

Adult-use marijuana taxes

November 15, 2019

How to Make CBD Honey

November 15, 2019

Infusing honey with CBD is a fast and easy process that creates a CBD sweetener that can be added to a range of food and beverages to make your own DIY CBD edibles. 

Looking for a sweet way to use CBD as a daily supplement, try infusing CBD with honey. CBD honey is great on its own as a sweet CBD supplement swallowed from a spoon, but it can also be used to create CBD edibles like CBD yogurt parfaits, CBD tea, CBD smoothies, and more. 

You don’t have to be an expert in the kitchen to make your own CBD honey in your kitchen. With just a few simple steps, you could be adding this CBD infused sweetener to your foods and drinks at home. 

Making CBD Honey

This recipe will provide about 16.5 mg of CBD in each tablespoon serving, but the recipe is easily altered to meet your preferences. 

Each mg of powdered CBD isolate is approximately 1 mg of CBD. It is easy to modify this recipe to use more or less CBD, making it a snap to adjust the amount of CBD per serving to best fit your needs. 

You can also adjust how much CBD honey you make at a time. This recipe uses a full 24 oz bottle of honey (available in any grocery store). However, you can make as much or as little as you want in each batch. 

This recipe calls for using a double boiler or slow cooker that will keep the honey from burning. If you don’t have access to a double boiler, then you can use a saucepan. When using a saucepan, use low heat and stir regularly to keep the honey from burning. 

What you will need:

  • Double boiler (or similar heating method)
  • Honey – 24 oz (or preferred amount)
  • RSHO™ CBD Isolate – 500 mg
  • Glass jar for storage

Instructions

  1. Combine honey and CBD isolate in double boiler. 
  2. Heat to a temperature of 95 degrees Fahrenheit. 
  3. Stir constantly as CBD dissolves into honey. 
  4. Once CBD is fully dissolved into honey, remove from heat.
  5. Before fully cooling, transfer CBD honey into glass jar for storage. 

If you follow this recipe as written, 24 oz of honey will provide about 30 servings of one tablespoon each. There will be just over 16 ½ milligrams of CBD in each serving.  

You do not need to keep your CBD honey in the refrigerator. Simply store in an airtight container at room temperature. 

Why CBD Edibles

Infusing foods and beverages with CBD is a great way to add the benefits of hemp derived CBD into your diet. When CBD is taken with food, the body is able to more efficiently absorb the CBD and other cannabinoids before transporting throughout the body. 

Here is more about why you should take CBD oil with food

You can use our 99 percent pure CBD Isolate from RSHO™ to infuse your edibles like our CBD honey. This pure CBD powder can be blended into foods and beverages to create any number of CBD edibles. 

There are literally dozens and dozens of possible recipes. Use our CBD recipes to stimulate your creative cooking juices. Keep in mind that it isn’t suggested that you cook with CBD, especially at high heat, as doing so can diminish potency.

You can also use RSHO™ CBD concentrates to create your CBD honey. Because these pure CBD oils are full spectrum, they offer more than just CBD, infusing your honey with all the same beneficial nutrients, terpenes, flavonoids, and cannabinoids that are present in the hemp plant. 

RSHO™ CBD concentrates come in a wide range of CBD concentrations, so some math will be required to formulate a serving size that works best for you. Simply divide the amount of CBD you add by 30 to get the amount of CBD per one tablespoon serving. 

Learn More

Read more about the benefits of CBD and other CBD topics now on our CBD Oil Education page. 

You can also find more recipes like this on our CBD Oil Recipes page.


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George Scorsis

George Scorsis has been in the highly regulated sector for nearly two decades. He worked with companies that provide energy drink, medical cannabis, and alcoholic beverages. His over 15 years of work experience made him an asset to the company. He was the CEO and director of Liberty Health Sciences, a cannabis provider in the United States. He was the President of Red Bull Canada for over four years and generated total sales of $150 million. He was the President of Mettrum Health Corporation and the chairman of the board of directors of Scythian Biosciences Corporation.

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