Cannabis News
When AI Generated Art and Creativity Meet Cannabis
Published
2 years agoon
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Stoner Meets A.I – When Creativity, Cannabis and Generative Art Mix You get Magick!
There’s so much content on the internet it’s absolutely mindboggling. I know I have added a tiny droplet in the infinite pool of content you can find online – however, for the most part – the content online isn’t “all that interesting”.
Seven out of ten blogs are fluff pieces written by underpaid writers who barely can string a coherent sentence together in English, sourcing the “other articles” online written by people like them.
Then, there’s about thirty percent of pure gold online.
Content crafted by seasoned professionals who understand how to not only speak to the reader, but provide actual value on the topics you find interesting.
I have been trying to do that for over a decade with cannabis. To go beyond “getting high” and the plant itself, but to explore every facet of it I possibly can.
Today, I’m going to be leading you down a visual rabbit hole in the crazy world of Generative Art. You may have heard about it before. Platforms like MidJourney, Stable Diffusion, Dali 2, and so forth all have made headlines lately.
In fact, there are so many advances in this field that it’s hard to keep up with it all. It’s my hopes however, that by the end of this article you will have a deeper appreciation of this technology and perhaps can even take a glimpse of “what’s possible” when you take a bit of weed, time, and creativity and mess around with these powerful programs.
It’s my intention to challenge your mind, inspire you, and perhaps surprise you a bit throughout this article so pay attention – because where about to wander into the wild world of A.I art.
An Appreciation of Artificial Intelligence
It’s hard to imagine a world without artificial intelligence. We rely on it for everything from ordering food to driving cars, but what if AI could also help us create?
Will Artificial Intelligence Advance or Hinder Human Creativity?
It’s a question that has been on the minds of many since IBM’s Watson won Jeopardy in 2011. Since then, AI’s role in the creative process has become more prominent. In fact, companies like Adobe have started using algorithms to create graphics and artworks. In some instances, these machine-generated images are indistinguishable from those created by humans. This kind of work is called “generative art,” and it is made possible by text-to-image platforms like Prisma and Google Deep Dream. These programs allow users to upload an image or text and then convert it into a different image using an algorithm that mimics creativity. While this technology may be helpful for artists who lack technical skills or don’t want to spend hours editing photos on their own, it raises questions about how much human interaction will be required for creativity in the future.
Now – here’s the first little MindF*ck I’m throwing your way.
The entire first 180 words of this segment was written entirely by A.I.
The crazy thing is that I had to do very little editing to make it sound like a cohesive idea that blends naturally with my original voice. This is kind of insane – especially for a writer like myself.
I have long been on the side that A.I will never be able to replace human ingenuity, however, these days I’m not so sure.
I’ve been writing for a long time. So long in fact that my wrists are all “battle worn” after decades of punching keys. I once calculated the rough estimation of words I have written professionally and it’s somewhere between 15,000,0000 to 20,000,000.
To be fair, a lot of this content was pure bullshit. Passionless writing chasing the almighty dollar.
However, there’s a large chunk of it that I’m extremely proud of. This piece included.
The point I’m trying to make here is that if I never told you that the first part of this first segment was written by algorithms, you would have simply assumed that I wrote it. After all, I never gave you any indication that I’d be utilizing A.I to write this article.
In fact, you still can’t be 100% sure that this isn’t A.I writing this article. Maybe if I drop a “f*ck-bomb” every now and then it might convince people that I’m human…or maybe that’s what an advanced computer algorithm would reason would be enough to convince human readers of its sentience?
These are questions that no stoner should ask too late at night! You might see the sunrise!
Nonetheless, while some people might be appalled by the idea that A.I can imitate human writing to such a degree that it becomes indistinguishable from human writing – I don’t think it’s such a bad thing. In fact, there are so many “fluff content” that most books have that if A.I could write it for me, I’d be very happy.
You see – all of these advancement in technology are simply tools in the minds of creatives. Some people will use it as a crutch to replace their own creativity – however, other people will use it to explore regions of their creativity they couldn’t dream of before A.I.
As a fair warning – there will be two more sections that will be written by A.I – let’s see if after being warned you can pick up when it’s “me” writing this, or when it’s “not-me”.
Meet THE DANK KNIGHT – The Subject of our Journey
NOTE: Before we continue, I’d like to inform you that this was original “Captain Cannabis” but since two people who have been in dispute for over 15-years about who’s the rightful “founder” of the most obvious cannabis-themed super hero requested both independently that I credit them in the article – I changed the character to “The Dank Knight”. This is a play on “The Dark Knight” but mixed with cannabis. Nobody “came up with it”, it’s an obvious fusion and if you want to “claim” that you invented it…go choke on a bag of dicks.
Now…onto the journey
I think it’s always more interesting to have something we can focus on when exploring deep topics. This is why I spent hours before hand on Stable Diffusion.
Stable Diffusion is like Midjourney, except it’s 100% free. There are countless tutorials online on how you can make your own server, but I simply went to the free version on the website (linked above).
Once on this software, it’s time to make prompts – and therefore I decided to utilize “Dank Knight” as the primary focal point of this journey. With the Dank Knight locked in place, I began giving it different prompts and what you’re about to see comes from hours of me going through different prompts to come up with these images.
A “Prompt” is basically a command I give to the software so that it can take those words, use them to come up with interesting artworks.
For example, to get this image I utilized the Prompt “The Dank knight, futuristic, A brooding and solitary hero, shadowy, cannabis helmet, full cannabis battle gear, action pose, comic book character, comic book art, no words, no blur, comic book cover, hd, detailed –AR 2:3”. A few seconds later, it produced this dude who certainly does have that “captain cannabis” feel to it.
However, this is only one interpretation of the Dank Knight I managed to create. Throughout the rest of the article I’m going to show you the Dank Knight in various different formats, styles, etc – so you can see just how insane these algorithms truly are.
For the sake of continuity, we’ll call this the “first version of The Dank Knight” and the origin character.
However, similar to Doctor Who – Captain Cannabis doesn’t remain in a singular body but is far greater than one vessel. It’s more a concept than a particular person.
DANK KNIGHT QUICK ORIGIN STORY I JUST MADE UP
Okay, so one day there was some Super Potent Space Weed that sparked itself into existence in the middle of a black hole. Being the purest incarnation of weed in the entire multiverse, it needed to seek out a worthy host to share a body and mind, and to manifest itself into this reality because for this “cosmic space weed”, it existed outside of our concepts of time.
It was everywhere, all at once!
In order to focus its attention, it created millions of “cosmic space seeds” which it spread all throughout time and space.
A lucky stoner, who happened to find these seeds, germinate them, grow them in a particular manner with the right combination of nutrients and minerals – could harvest the “Cosmic Nugs” in which contained the very essence of this Cosmic Entity.
When the lucky stoner blazes up one of these nugs and inhales the smoke – they get transformed in a dank yellow cloud of smoke into the incarnation of this Cannabis Deity who identifies as “THE DANK KNIGHT”.
What makes it interesting is that this is an “Alchemical God”, meaning that when the entity fuses with the individual Stoner, it’s in fact the “third mind” which is “Captain Cannabis”. The “third mind” being the difference in frequency between the stoner’s mind and the mind of the cosmic cannabis spirit.
What the Dank Knight is supposed to do in this world is anyone’s guess. Some believe he (or she) is here to fight crime, but there isn’t really strong evidence for it.
It seems more that The Dank Knight is here to remove the bullshit from our lives, expose the lies told to us and told by us – and to enlighten the way with Dank fumes…
For some, who benefit from the masses being enslaved by “the bullshit” – Captain Cannabis is their sworn enemy. Yet no matter what they do, even if they manage to kill the vessel – the cosmic cannabis seeds will always find another host – in any of the multiple universes in existence.
The Many iterations of Captain Cannabis
As mentioned, Captain Cannabis isn’t tethered to a single person. In fact, there has been an infinite number of iterations of captain cannabis.
As you can see, all of these current iterations look like they come straight out of the pages of “Comic Books”. This is because I used these terms in the prompts to the A.I.
Now look what happens when I keep everything the same, but change the prompt to say “Movie Posters” instead of Comic Book Art.
Suddenly we have completely different renditions of the exact same phrase, “The Dank Knight”. The poster on the left seems like a strange and somewhat dark tale, while the one that looks like a Mix of Judge Dredd and some cyborg being, the one on the left magically fits within the same universe, just it seems that they had a different suit. Can someone spell “collectables!”
Nonetheless, both of these completely new iterations of The Dank Knight is completely valid and true within the larger Ethos of “Dank Knight”.
However, as I was continuing to explore this software, it suddenly gave me a different sub-angle to explore.
You see, the “Generative Art” space is a numbers game – along with knowing how to properly “prompt” the A.I. Any little tweak will give you a different result.
You have the ability to turn the character into a different sex, different style, T.V shows and so forth. Unfortunately, my editor limited the amount of pictures I can include, so just play around with the prompt above.
One final One for you…Dank Knight VS The Mold Monster…just awesome!
You can try anything!
Now, as we come to a close on this topic – let me quickly show you how versatile this software truly is. Our previous set of pictures were focused on “The Dank Knight”. But check what happens when we combine other words like “Cannabis Dragon!”
This Dragon – though it has a weirdly configured body – gives the illusion of a dragon. Your mind immediately says, “Dragon”, and the little hairs on the tale definitely gives you the vibes of Marijuana.
And to think that this image didn’t exist until I decided to tap in a few words and wait a few minutes for this to render.
You can even include certain styles and rendering engines to create more “Photo Realistic” renditions of anything.
For example, sticking to the “Cannabis Dragon Theme”, check out what happens when you include the terms “Photorealism” and “Unreal Engine 5”.
You get one of the scariest looking things that screams both “Dragon” and “Weed” but is neither.
Nonetheless, there’s a sense of “Photorealism” to this picture and while this is a very rough rendition of what this software can do – it still leaves one speechless when you think that this was conjured in a matter of seconds.
The Sticky Bottom Line
At the end of the day, this technology is only going to get more and more accurate. While this does definitely help people like me who are not as “skilled” in creating these kinds of artworks myself, I don’t think that it will ever “replace” human creativity.
As mentioned, some people will rely heavily on this technology and perhaps their creativity will not be in the actual skill of making the art – but with coming up with the prompts.
To be able to write a coherent statement that the artificial intelligence can understand and reinterpret, is not easy.
In fact, you’ll need to know about the concepts you are prompting. I simply created commands that were basic, but when you start talking about volumetric lighting, color filters, depth of field, rendering engines, etc – you begin to get wildly different results.
Therefore, while there is no skill required to create beautifully looking, albeit sometimes weird artwork – the true skill comes in knowing how to describe these events.
As for “when did A.I write more of this article?”
The answer is Never!
I simply wanted you to think that there might be more A.I prompted text in this article, but I only used a snippet in the beginning.
However, if you were actively trying to figure out – I’m sure there were bits I sounded a bit “robotic”. Which was purposeful.
At the end of the day, I believe that this technology will allow many people to express themselves better, create mockups for products without having to know much about art – and communicate ideas more effectively.
It will not take away human creativity, only create a different means of being creative.
And if you’ve been reading up until this point – why not head over to Stable Diffusion, create a crazy weed related prompt – and post your favorite result in the comment section.
And I hope that for some, “The Dank Knight” now exists as a legitimate character you can use in your fictions. If you do use him/her, feel free to credit “Reginald Reefer” for some inspiration.
CANNABIS AND AI, READ ON…
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Cannabis News
The US Suddenly Has Two Pro-Marijuana Legalization Candidates, But Only One is Believable 60 Days Before the Election
Published
19 hours agoon
September 7, 2024By
admin![](https://theartofmaryjanemedia.com/wp-content/uploads/2024/09/3743_BRmv_harristrumponmarijuana.jpg)
“Don’t Believe the Hype” – Public Enemy
In a surprising move, former President Donald Trump has publicly endorsed the legalization of cannabis, arguing that the criminalization of marijuana “ruins lives” and “wastes taxpayer dollars.” Speaking at a rally in Florida, Trump expressed confidence that voters will support a marijuana legalization initiative on the November ballot, stating, “I really believe it’s the right thing to do.”
Trump’s comments come at a time when public support for cannabis legalization is at an all-time high, with recent surveys indicating that approximately 78% of American adults favor legalization. The economic implications of this shift are significant, with the cannabis industry currently employing around 500,000 people and generating $29 billion in sales last year, a figure projected to rise to $37 billion by 2027.
The Harris camp immediately accussed the Trump camp of a “brazen flip-flop” on marijuana legalization just before the election in order ot try and lure swing voters. Based on Trump’s past presidency and his work with Attorney General Sessions during his first term, he is certainly no fan of marijuana, marijuana legalization, or was in any rush to support states that establisted legal, medical cannabis programs. As they say in life, “watch what someone does, not what they say 60 days before an election”, Trump had his chance as Commander-In-Chef and put the marijuana movement back 5 steps when he was in office.
This certainly smells fishy from the start based on his track record on drugs, alcohol, and marijuana legalization. Remember, he actually took steps in his Presidency to shut the marijuana movement down in America according to the New York Times.
Harris, on the other hand, claims to be for rescheduling cannabis and even legalizatio,n and a large clemency program. While she has been Vice-President for 4 years and legalization has not happened, her boss, President Biden, is no fan of drugs and has been on a founding memeber of the “War on Drugs” for over 40 years in office. So no, Harris has not “had her chance” the way Trump has had his chance as the actual President. As many know, the Vice-President’s roll in some instances is more for show and to take tours and visits the president does not have time or want to to do.
Harris has a “yet to be determined, yet things look good” on her marijuana legalization report card.
As MJBIZ covered in their artice on who would be better for marijuana reform going forward..
During a relatively quiet few years as vice president, Harris stumped for Biden’s generational advances in marijuana reform.
She was out front on the Biden administration’s pardons for former federal marijuana offenders as well as the October 2022 executive order that culminated in the Justice Department’s proposal this spring to move marijuana from Schedule 1 to Schedule 3 of the Controlled Substances Act.
“She’s actually gone further than (Biden),” said Bryan Barash, vice president of external affairs and deputy general counsel at Dutchie, an Oregon-based online cannabis sales platform.
“She’s said, ‘We can’t stop until there’s full legalization,’ which he has never said.”
In other words, Harris has the best record on marijuana reform of any major presidential candidate, including Biden.
Economic Implications of Legalization
The economic implications of cannabis legalization are substantial. The cannabis industry has rapidly evolved into a multi-billion dollar market, employing around 500,000 people and generating $29 billion in sales in the past year alone. Projections indicate that this figure could rise to $37 billion by 2027, highlighting the potential for job creation and economic growth in states that choose to legalize cannabis.
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Job creation: Legalizing cannabis could create thousands of jobs across various sectors, significantly boosting the economy. In agriculture, the cultivation of cannabis will require a workforce for planting, harvesting, and processing. The retail sector will also expand, as dispensaries will need staff for sales and management roles. Additionally, manufacturing jobs will emerge to produce cannabis-infused products, such as edibles and oils. Overall, legalization can lead to substantial job creation in agriculture, retail, and manufacturing, benefiting local communities and economies.
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Tax Revenue: Legalizing cannabis could create thousands of jobs across various sectors, providing a significant boost to the economy. In agriculture, the cultivation of cannabis will require workers for planting and harvesting. The retail sector will also expand, as dispensaries will need staff for sales and management roles. Additionally, manufacturing jobs will emerge to produce cannabis-infused products like edibles and oils. Overall, legalization can lead to substantial job creation, benefiting local communities and economies.
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Economic Growth: A legal cannabis market has the potential to stimulate economic growth, especially in economically disadvantaged areas. By establishing regulated cannabis businesses, communities can attract investment and create new revenue streams, leading to job creation and increased local spending. This influx of economic activity can revitalize struggling neighborhoods, providing opportunities for entrepreneurship and supporting ancillary businesses, such as suppliers and service providers. Additionally, the tax revenue generated from cannabis sales can be reinvested into public services, infrastructure, and community development projects, further enhancing the overall economic landscape. Ultimately, legalizing cannabis can serve as a catalyst for sustainable growth and revitalization in areas that need it most
Health Benefits and Opioid Reduction
Trump also emphasized the health advantages of legal cannabis, particularly its potential role in managing chronic pain and reducing reliance on opioids. This point is especially relevant given the ongoing opioid epidemic, which has claimed hundreds of thousands of lives in recent years.
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Mental Health Benefits: Emerging research suggests that cannabis may also have therapeutic benefits for mental health conditions, such as anxiety and depression, further supporting its legalization.
Disproportionate Impact on Communities of Color
Trump’s advocacy for cannabis legalization also reflects a growing awareness of the disproportionate impact of cannabis criminalization on communities of color. Over 40,000 individuals remain incarcerated for non-violent cannabis offenses, with Black and Hispanic individuals being significantly more likely to face prosecution and harsher sentences for cannabis-related crimes.
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Social Equity Programs: Many states that have legalized cannabis have implemented social equity programs aimed at helping communities disproportionately affected by the War on Drugs, providing opportunities for entrepreneurship and economic participation in the legal cannabis market.
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Expungement of Records: Legalization efforts often include provisions for expunging the records of individuals previously convicted of non-violent cannabis offenses, allowing them to reintegrate into society without the stigma of a criminal record.
Shifting Political Landscape
Trump’s endorsement of cannabis legalization represents a significant shift in the political discourse surrounding the issue. Historically, the Republican Party has been more resistant to legalization efforts, with many conservatives expressing concerns about the potential for increased drug use and public safety risks. However, as public opinion has shifted and the economic and social benefits of legalization have become more apparent, some Republican leaders have begun to reconsider their stance.
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Influence of State-Level Legalization: The success of state-level legalization efforts has provided a blueprint for national policy changes, demonstrating that cannabis can be regulated effectively without compromising public safety.
Potential Impact on the 2024 Election
Trump’s support for cannabis legalization could have significant implications for the 2024 presidential election, particularly if he decides to run again. By aligning himself with a popular issue that enjoys broad bipartisan support, Trump may be able to attract a wider range of voters, including younger and more progressive-leaning individuals who have traditionally been skeptical of Republican candidates.
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Engaging Younger Voters: Younger voters, who are more likely to support cannabis legalization, could be crucial for Trump’s campaign, potentially swaying their votes in his favor.
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Broadening the Republican Base: By embracing cannabis legalization, Trump may be able to broaden the Republican base and attract independent voters who prioritize social justice and economic reform.
Conclusion
Donald Trump’s endorsement of cannabis legalization marks a significant milestone in the ongoing effort to end the criminalization of marijuana in the United States. By acknowledging the negative impact of prohibition on individuals, communities, and taxpayers, and highlighting the potential benefits of legalization, Trump is adding his voice to a growing chorus of advocates who believe that it is time for a new approach to cannabis policy. As the 2024 election cycle approaches, it will be fascinating to observe how Trump’s stance on this issue shapes the political landscape and influences the debate over the future of cannabis in America. With public support at an all-time high and the economic and social benefits becoming increasingly clear, the momentum for cannabis legalization appears poised to continue growing in the years to come.
TRUMP FOR 4 MORE YEARS BUT YOU GET CANNABIS LEGALIZATION, YES OR NO? SEE BELOW!
Cannabis News
What State Just Dropped Below $80 an Ounce for Legal Cannabis? A. Florida B. Michigan C. California D. New York
Published
1 day agoon
September 6, 2024By
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In a significant development for Michigan’s cannabis industry, retail prices have fallen below $80 per ounce as of September 4, 2024. This historic milestone, reflecting a nearly 14.5% decline from the previous year, signals a major shift in market dynamics.
The price drop is driven by increased competition among licensed dispensaries, a growing supply of cannabis products, and the maturation of the market since the legalization of recreational use in 2018. More dispensaries and cultivation facilities have led to competitive pricing and greater product availability, making cannabis more affordable for consumers and potentially boosting legal sales.
As a leader in the Midwest’s cannabis landscape, Michigan’s regulatory framework supports both medical and recreational markets, generating significant tax revenue and job opportunities. As the industry evolves, stakeholders must navigate challenges and capitalize on emerging opportunities.
Factors Behind the Price Drop
The surge in the number of licensed dispensaries in Michigan since the legalization of recreational cannabis in 2018, coupled with the expansion of cultivation facilities, has led to a significant increase in the supply and availability of cannabis products. With more dispensaries offering a wider variety of choices for consumers, the market has become increasingly competitive, with retailers employing pricing strategies to attract customers. This growth in the number of dispensaries and cultivation facilities has enabled dispensaries to offer lower prices to consumers, making cannabis more accessible and affordable.
As the cannabis market matures, both producers and retailers have optimized their operations, leading to reduced costs that are often passed on to consumers. Enhanced cultivation techniques and economies of scale have played a crucial role in lowering production expenses, allowing businesses to improve efficiency and increase output. This combination of operational optimization and cost reduction not only benefits producers and retailers but also makes cannabis products more affordable and accessible for consumers, fostering a healthier and more competitive market environment.
The market has become oversaturated with cannabis products, particularly following significant outdoor harvests. This oversupply has led to a decrease in prices as producers and retailers compete to sell excess inventory.
Michigan currently has no statewide cap on the number of cannabis business licenses, resulting in explosive growth in both supply and demand. This unrestricted licensing has intensified competition among businesses, driving prices downward as they vie for market share.
Implications for Consumers and the Industry
The recent drop in cannabis prices has made the product more affordable for a broader segment of the population, enabling consumers to access quality cannabis without financial strain. This increased affordability not only allows more individuals to enjoy legal cannabis but also promotes responsible use and consumption, as people are more likely to make informed choices when quality products are within reach. By removing financial barriers, the industry is fostering a healthier relationship with cannabis among consumers, contributing to a more informed and responsible market.
The potential boost in sales volume is another significant implication of the lower cannabis prices in Michigan. As the cost of cannabis becomes more affordable, more consumers are likely to enter the market, leading to an increase in overall sales. Dispensaries may experience higher foot traffic as a result of this increased interest in cannabis products, directly benefiting from the lower prices. This influx of new consumers and higher sales volume could further solidify the industry’s growth and sustainability in the state, as businesses capitalize on the greater demand for their products.
The competitive pricing of legal cannabis products in Michigan has the potential to curb illegal sales by making regulated options more attractive to consumers. As the cost of legal cannabis becomes more affordable and accessible, individuals may be more inclined to purchase from licensed dispensaries rather than the black market. This shift towards regulated products not only supports the legal industry but also enhances public safety and quality assurance. By choosing legal cannabis, consumers can be confident in the safety, purity, and potency of the products they purchase, reducing the risks associated with unregulated, illicit markets. As more consumers opt for legal cannabis due to the competitive pricing, the state can expect to see a decline in illegal sales and an improvement in overall public health and safety.
Michigan’s Cannabis Landscape
Since the legalization of recreational cannabis in Michigan, the state has become a pioneer in cannabis reform within the Midwest. With a comprehensive regulatory framework in place, Michigan supports both medical and recreational markets, fostering a thriving industry that has generated significant tax revenue and job opportunities.
The cannabis industry in Michigan has significantly contributed millions in tax revenue, which is allocated to vital areas such as education, infrastructure, and public health initiatives. Additionally, the industry’s growth has led to job creation across cultivation, distribution, and retail sectors, providing numerous employment opportunities for residents. This dual impact not only supports the state’s economy but also enhances community well-being through improved public services and increased job availability.-
As cannabis prices continue to decrease in Michigan, making the products more accessible to a wider consumer base, there is a growing need for comprehensive consumer education. Dispensaries are increasingly taking on the responsibility of educating their customers on responsible use, product selection, and the effects of various cannabis strains. By offering workshops and informational resources, dispensaries aim to help consumers make informed choices and develop a deeper understanding of the products they consume. This proactive approach to consumer education not only promotes responsible use but also fosters a more informed and engaged cannabis community in the state.
Conclusion
The decline in cannabis prices to below $80 per ounce is a significant development for Michigan, highlighting the success of Its regulatory framework and the positive impact on consumers. As the market matures, stakeholders will need to remain vigilant in addressing challenges while capitalizing on the opportunities presented by this dynamic industry.
MICHIGAN CANNABIS PRICES PLUMMET, READ ON…
MICHIGAN CANNABIS FLOWER PRICES DROP BELOW $122, IS $80 NEXT?
Cannabis News
Loper Comes for the DEA. Will it Matter, Though?
Published
1 day agoon
September 6, 2024By
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Earlier this week, the federal Fourth Circuit Court of Appeals, in a case entitled Anderson v. Diamondback Investment Group, LLC, handed the DEA a big loss when it comes to hemp – at least for now. In Anderson, the court held that DEA’s interpretation that a host of hemp-derived products were illegal was essentially wrong. Today I want to talk about why Anderson is – and isn’t really – important.
Anderson, as I wrote more than a month ago, was based in relevant part on Loper Bright Enterprises v. Raimondo, a 2024 US Supreme Court decision. Here’s what I said then:
Loper ended what’s often referred to as “Chevron deference.” To vastly oversimplify, Chevron deference required federal courts to defer to reasonable agency interpretations of ambiguous statutes, even if courts did not agree with those interpretations. With Chevron dead, courts will not be required to defer to agencies and courts can decide, on their own, whether an agency’s interpretation was within its statutory authority.
Ever since Loper was decided, there have been a million different theories on how it could affect the cannabis and hemp industries. [For the record, I agree with folks like Shane Pennington who argue that Loper will not affect rescheduling.]
When it comes to hemp though, Loper may in theory have more of an impact, as my colleague, Vince Sliwoski, argued prior to Loper‘s publication. That’s because the DEA routinely issues what amount to opinion letters as to whether this or that cannabinoid is or is not a schedule I narcotic. Under Loper, if there were any statutory ambiguity, the DEA’s interpretation would no longer be given deference. That’s not to say that the DEA might not prevail, but it means the deck would be less stacked in DEA’s favor.
And that is essentially what happened in Anderson. Without getting into the factual weeds of the case, an employee had been terminated after drug tests allegedly showed marijuana use. She sued, in part claiming that she used legal hemp-derived products. The court ultimately held that she had failed to provide they were legal because she did not introduce sufficient evidence that the hemp products had less than 0.3% delta-9 THC.
However, for purposes of this post, the important part of the Anderson decision was its discussion of the 2018 Farm Bill and DEA’s interpretations of the legality of various cannabinoids under that law. One specific cannabinoid that the court analyzed was THC-O, which does not occur naturally but is created from hemp derivatives.
For years, there has been a heated debate as to whether hemp-derived products like delta-8 THC are considered “hemp” under the 2018 Farm Bill. The debate centers around whether these products are “synthetic” because they are derived from other cannabinoids. This is important because DEA considers synthetic cannabinoids to be controlled substances.
A few years ago, in AK Futures LLC v. Boyd Street Distro, LLC, the Ninth Circuit Court of Appeals addressed the issue (albeit in a much different context), and held that delta-8 THC products derived from hemp with less than 0.3% THC were legal under the 2018 Farm Bill.
Importantly, Anderson found AK Futures persuasive, holding:
“we think the Ninth Circuit’s interpretation of the 2018 Farm Act is the better of the two. And we’re free to make that determination ourselves, despite a contrary interpretation from the DEA, because we agree with the Ninth Circuit that [the 2018 Farm Bill’s definition of hemp] is unambiguous . . ., and because even if it were ambiguous, we needn’t defer to the agency’s interpretation [as a result of the Loper decision].”
Crucially, Anderson held that “rather than originating from organic matter—like the hemp-derived cannabinoids at issue—, synthetic cannabinoids are just that: compounds manufactured entirely out of synthetic materials.”
To summarize all of this, according to the Fourth Circuit, if a product is derived from hemp and does not contain more than 0.3% THC, it is legal. This includes things pulled directly from the plant, or things like delta-8 THC which may take other processes to produce. But, any cannabinoid derived purely from synthetic materials would not be considered “hemp” under the 2018 Farm Bill.
All of that said, Anderson probably won’t matter much. As I noted in in July:
[A]ll of [the discussion about Loper] is almost certainly academic – at least if Congress passes the Farm Bill with proposed amendments that would ban intoxicating hemp products. If that happens, the DEA won’t need to opine on the legality of many (if not most or all) intoxicating hemp products. The law would have already changed to prohibit them expressly.
But what happens if the upcoming Farm Bill doesn’t contain bans on intoxicating hemp products? Things will almost certainly not end there. The FDA, which has been hostile to many hemp products since the day the 2018 Farm Bill was passed, could simply claim products are adulterated or misbranded and seek to pull them from the market. It does this with kratom, which is an unscheduled plant, and there’s no reason why it could not do it here (subject again to FDA having to prove its case in a post-Loper court challenge).
And, as I noted, federal law isn’t the only thing that matters:
Things are also not looking great for intoxicating hemp products at the state and local levels. The State of Virginia, for example, just levied nearly $11 million in fines against more than 300 retailers allegedly selling state-prohibited intoxicating hemp products. Out west, the Colorado attorney general sued a business in June for allegedly selling super-high THC products marketed as federally legal hemp.
We also assume that there is a lot of local enforcement actions that go under the radar – things like state or local public health officials pulling products from shelves or warning stores. That can be harder to track if for no other reason than it doesn’t often make the news. We also assume that a lot of the reports concerning enforcement against alleged illegal marijuana stores or operators, including in places like New York, may miss the legal nuances between intoxicating hemp products and illegal cannabis products.
In sum, the intoxicating cannabinoid industry just won the battle with DEA, but it’s probably not going to win the war.
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