WEED AND WINE AND MOMS
by Sarah Lee Gossett Parrish
Cannabis Lawyer
Since this month’s issue of Herb-Age is devoted to mothers (of which I am one), I am going to digress, in large part, from my usual subject matter—pertinent legal issues that impact Oklahoma cannabis businesses—and offer some observations about America’s evolving acceptance of motherhood and marijuana, as in mother’s who use marijuana medicinally and, in states that allow it, recreationally. Here in Oklahoma, this acceptance remains to be tested, particularly in light of S.B. 1030, passed without an emergency clause or effective date and, therefore, effective on August 26, 2019.
S.B. 1030 mandated the problematic certificate of compliance for Oklahoma medical marijuana commercial business license applications, and directed OMMA to create a use registry of licensed patients and caregivers, accessible to licensed dispensaries (via the 24-character identifier), law enforcement via the Oklahoma Law Enforcement Telecommunications System, and any court in Oklahoma. The Bill clearly violates HIPAA, and Oklahoma’s Attorney General Mike Hunter stepped in to stay its implementation pending a lawsuit contesting the provision concerning sharing of identifying patient data with law enforcement and the courts.
I wrote an article dissecting S.B. 1030 and how it violates HIPAA for Herb-Age last year, and nothing has changed since then. In my prior article, I remarked about how divorce proceedings might take on a whole new tenor, if one parent were to offer evidence of medical marijuana usage against the other in the course of a custody battle, despite S.Q. 788’s language, “[n]o medical marijuana license holder may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this law, unless the person’s behavior creates an unreasonable danger to the safety of the minor.” See Title 63, Okla. Stat. § 425(D). S.B. 1030 seems to indicate otherwise—why else would courts be given access to information about whether a civil litigant was a card carrying medical marijuana patient?
That said, it does seem that here in Oklahoma and nationally, parents and—for purposes of this issue and its focus on mothers—moms in particular, are discovering that medical marijuana usage and successfully rearing children are not mutually exclusive. The advent of Sweet Jane magazine, a national publication celebrating moms and marijuana published by my friend Katy Ibsen, is a case in point. And I see it in my law practice, where many of my clients are amazing mothers and highly successful medical marijuana business owners. BRAVO!
As long ago as the spring of 2018, prior to S.Q. 788’s passage, Jessica Delfino recognized the changing societal attitudes about motherhood and marijuana in an article for High Times, observing, “Mothers and women who use medical marijuana…are often put into a position in which they feel they have to explain themselves and what their condition is, and then steel themselves for the judgment that will inevitably follow.” However, she added, “I think cannabis use in moms is becoming more widespread because it’s becoming more legal, and so people feel more willing and able to discuss it.” 2
As it turns out, cannabis and parenting workshops are proliferating, and Marijuana Moms groups have now come into their own. Marijuana has recognized medicinal benefits and mothers are certainly not immune to them.2 Micro-dosing CBD and medical marijuana have become popular among mothers, and more mom-conducive products are emerging. Today, in 2020, pot-education programs targeting mothers are common.
The American College of Obstetricians and Gynecologists discourages the use of marijuana while pregnant or breastfeeding. While there is still much to learn about prenatal and postnatal exposure to THC, the Infant Risk Center, affiliated with Texas Tech University, has information about several studies on its site.
Remember the only place to legally enjoy weed and wine in Oklahoma is in the privacy or your own home. It is illegal to sell weed anywhere but a licensed dispensary or by purchasing your own product back from a processor. Businesses serving alcohol cannot provide a marijuana smoking lounge. In other words, the two cannot mix under Oklahoma law, unless you are at home.
It is interesting that society generally accepts mothers who drink wine to relax, but can still attach a stigma to those who prefer a joint or edible. And yet, when you really compare the two—wine and weed—there are a lot of similarities, not the least of which are complexity, aromas, flavors, food pairings, and even terroir. Just as with wine, the sun, soil, and water contribute to the flavors and aromas of cannabis strains. In recognition of this fact, the California Department of Food and Agriculture has launched the CalCannabis Appellations Project, to allow licensed cultivators to establish appellation standards emphasizing the terroir of various cannabis growing regions.
Wine Enthusiast explored the common ground of cannabis and wine in a post by Jodi Helmer, interviewing Philip Wolf, founder of Cultivating Spirits, who hosts cannabis dinners across the country, working with chefs and cannabis sommeliers, and Jamie Evans, a 2018 Wine Enthusiast 40 Under 40 honoree who studied viticulture at California Polytechnic State University in San Luis Obispo, and now applies her wine studies concerning sensory evaluation to cannabis in a fabulous venture she launched in 2017, The Herb Somm.
The Herb Somm hosts private cannabis tastings and culinary events which are open to anyone who can make a reservation before the event becomes, inevitably, sold out. In pairing wine and weed, Evans creates a pairing chart featuring common terpenes along with their aromas, benefits, effects, popular strains and suggested food and wine pairings. She suggests guests use a dry-flower vaporizer to release aromas and flavors.
As to specific pairings, Evans recommends guests “[p]air lighter strains of marijuana with white wines, and bolder strains with red wines. Sativa strains pair best with lighter fare like fish and vegetables. Indica strains are a better choice with heavier dishes like steak and comfort foods.” In even more detail, she observes that “aromas of clove, black pepper, and cinnamon common in strains like Rockstar and Northern Lights are due to the beta-caryophyllene terpene”, a good pain reliever and anti-inflammatory that helps reduce stress and, in Evans’s words, “complements pumpkin pie, seared steak, Zinfandel and Cabernet Sauvignon.”
So, what’s the take-away here? To all you mothers, Happy Mother’s Day! Whether you like wine, weed, neither, or a combo, enjoy your special day! If our Legislature passes HB 3227, you can also enjoy home delivery of your favorite strain of medical marijuana (if you are a licensed Oklahoma patient) and your favorite wine3, in spite of, or perhaps because of, this horrific global pandemic. And in that regard, whatever you do, please stay safe and be well. God bless you all.
Information contained herein provides general information related to the law and does not provide legal advice. It is recommended that readers consult their personal lawyer if they want legal advice. No attorney-client or confidential relationship exists or is formed between you and Ms. Parrish as a result of this article.
