Cannabis News
Over 32,000 Cannabis Studies Have Been Published in the Last 10 Years
Published
9 months agoon
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Dispelling the Myth of Not Enough Research
When opponents of cannabis law reform run out of reasoned arguments, they inevitably fall back on some version of the “we just don’t know enough yet” appeal. Despite thousands of accumulated years of human experience with cannabis, and an explosion of modern research, prohibitionists claim we must maintain strict controls until every last concern gets addressed. Yet this relies on a mythical standard of absolute knowledge that no policy ever actually meets.
In reality, the argument that cannabis lacks adequate scientific research acts as a thought-terminating cliche allowing people to retain irrational biases. It provides facile cover for those unwilling to examine evidence confronting their beliefs. When one cannot dispute existing data, one demands non-existent alternative data. But as with climate change or evolution, the strength of evidence reaches a point where claiming ignorance becomes absurd. Cannabis surpassed an overwhelming burden of proof long ago.
In fact, over the past decade researchers published over 32,000 cannabis studies, with intense interest and inquiries far outpacing schedules drugs. The mountain of accumulating data continues to fill remaining knowledge gaps at exponential rates, though ideology struggles to keep pace with implications. At this point the rate-limiting factor in comprehending cannabis is not the science but rather acknowledging its conclusions.
Put simply, there is more than enough cannabis research out there for even the most stubborn skeptic or ersatz concern troll. Vague dismissals that “we just don’t know” constitute willful ignorance, not responsible caution. Those making blank appeals against cannabis reform due to lack of research betray the fact that they simply haven’t bothered performing even cursory literature reviews. Their opinions reside firmly in scientific illiteracy and psychological denial.
Today we will explode once and for all the story that humanity lacks ample data to form sensible cannabis policies. In fact the bulk of evidence signals it is prohibition causing net harm, not cannabis itself. The myth contains no clothes.
When examining the modern research record, the claim that cannabis possesses no medical utility becomes increasingly absurd and dishonest. The peer-reviewed literature now includes over 36,000 papers specifically referencing the plant and its components – with over 32,000 published in just the past decade alone as clinical interest intensifies. This proliferation of new data contradicts any suggestion that experts lack adequate scientific understanding of marijuana’s risks and therapeutic potentials.
In reality, some of the world’s top hospitals and research centers continue expanding investigations into cannabis-based treatments for conditions ranging from autism to cancer. The plant’s complex pharmacology reveals diverse medical applications, not simplistic legal categorizations based on an alleged lack of benefit coupled with exaggerated harms. No legitimate reading of marijuana science in the 21st century could reasonably uphold such distorted conclusions rooted in obsolete cultural biases rather than facts.
The range of conditions referenced in the table of contents of this article demolition the notion that cannabis possesses no medical utility. We see specific cannabinoid compounds demonstrating effects as medications for gastrointestinal, neurodegenerative, autoimmune, anxiety and chronic pain disorders among others. The versatility of cannabis to potentially treat such varied conditions simply does not occur with compounds lacking real therapeutic potential.
And while risks exist for a small subset of consumers, these concerns do not outweigh extensive documentation of benefits – otherwise legal pharmaceuticals like opioids and amphetamines could not maintain FDA approval. In contrast, no clinical literature verifies claims that, for adults, cannabis’ potential for harm outweighs its far greater probability to improve quality of life when judiciously applied.
Acknowledging these facts explains why human use persists throughout recorded history regardless of legal regimes. If prohibition’s medical premise was accurate, such relentless experimentation and innovation would collapse from lack of value. That decades of violence enforced via policing and prison did nothing to deter personal experience exposes the sheer futility of fabricating false narratives about cannabis’ relationship to human thriving.
In fact, the US government itself disproves its own medical misinformation by distributing medical cannabis to select patients for nearly 50 years through the Compassionate Investigational New Drug program, though obstruction limited participants to less than three dozen. Challenging this charade reveals not recalcitrance to truth but allegiance to reason the federal denial cannot hide from indefinitely.
The verdict is in; cannabis unambiguously possesses highly significant therapeutic properties for various conditions along with moderate risks researchers work diligently to characterize and mitigate. No defensible argument grounded in science rather than outdated pathology can pronounce otherwise.
Even hypothetically classifying cannabis as categorically “dangerous” fails to ethically justify its prohibition. In a society premising respect for individuals on preserving their self-ownership, competent adults reserve rights to informed consent regarding activities with intrinsic hazards. Hence government lacks legitimate authority to arbitrarily censor choices concerning one’s own body, life benefits and risks resting solely with the individual. Legally and philosophically, paternalistic arguments to forcibly “protect people from themselves” prove both disastrous and self-contradictory.
Consider that dangerous yet legal drugs like alcohol kill tens of thousands annually through direct use while cannabis kills no one. Yet broadcast promotion glamorizes booze consumption to all ages despite predictable casualties and violence from excess. Conversely the state employs force to prevent cannabis ingestion though its acute toxicity is essentially nil. Any consistency in alleged “public safety” arguments collapses when directly comparing reactions to demonstrably more harmful yet condoned behaviors.
Blanket Drug War criminalization shreds the very notion of a free society by demolishing boundaries restraining government imposition on personal conduct. If agents can storm private property at gunpoint to halt commerce in universally safer psychoactive herbs, no genuine limits against state intrusion exist at all. And absent set limitations structurally restraining state power over personal choices, no meaningful rights remain to distinguish despotism from democracy – including in facets of life beyond drugs.
Hence the question becomes where to cease useful pretenses that overriding consent “protects” rather than destroys freedom itself. At what point do unexpected risks lose relevance alongside the right to direct one’s own life? And is it morally preferable to normalize overwhelming force removing self-direction rather than upholding agency to consider options beyond confirmation bias? The ramifications span far beyond cannabis alone.
Perhaps risks reach points drastic enough in rare outlier cases like imminent suicide ideation that intervention against one’s will acts as lesser evil, though defining such exceptions requires immense diligence. But cannabis remotely approximates no such pressing crisis; it facilitates life enhancement, creative pursuits, medical substitution, and spirituality for most citizens. And even misuse flowing from legal access poses orders of magnitude less damage than the status quo’s violence and life-derailment.
So whether one believes cannabis objectively harmless or laden with abuse potential, the bedrock ethical principle of self-ownership precludes its prohibition. Only by gaping logical inconsistencies can a society dismiss bodily autonomy selectively. And defending agency – the power to control one’s body and claim the benefits and consequences of their actions – remains prerequisite for defending rights at all. Recreational foliage fails any rational threshold where forced “protection” from optional experimentation outweighs the cost to human dignity from intrusion. Thus ethics demands legality either way.
The theater of cannabis prohibition strains any pretense that modern policies intend to serve common welfare over insider interests. As public majorities continuously favor reform yet find their preferences ignored and overridden, the veil lifts on who truly dictates the status quo – and it assuredly does not include average citizens. When the many acquiesce to the few wielding power against them, dynamics of control rather than representation govern the state.
The relentless suppression of cannabis reveals profound distrust toward people governing their own lives, not danger legitimizing subjugation. This pathological need for command and obedience perverts democratic self-rule into tyranny of the majority codified via police and prisons. Rather than empower insight or responsibility, instituted powers demand compliance and sacrifice instead – they serve citizens no benefit beyond nominal “protection” from their own agency.
We witnessed similar dynamics when credentialed experts faced censorship for challenging pandemic narratives enabling enormous pharmaceutical profits. Their dissent threatened not public health but elite prerogatives couched as doing good. Prohibiting peaceful choices while encouraging genuine poisons exposes the ruse – no factual basis supports equating cannabis with deadly legal drugs, let alone banning the natural herb. Such contradictory stances serve financial interests above rights or safety. And violated rights signal inner machinery of democracy broken beyond repair.
When “public policy” directly contravenes public opinion yet remains entrenched by authorities never subjected to elections, the will of common people lacks any effective representation. Their place becomes pliant masses ruled by technocrats, political dynasties and corporate oligarchies. Issues like cannabis uncover how modern states suppress populaces within systems promising self-determination on paper.
Therefore ending prohibition occupies importance far exceeding the herb; it signifies reclaiming policymaking levers for citizens themselves against inertia of embedded powerful interests. Truly representative governance cannot blithely overrule supermajority public consensus on any issue indefinitely with impunity, lest it loses legitimacy as anything beyond glorified dictatorship wearing superficial regalia.
In that context, cannabis offers opportunity to prove principles of self-rule still animate democratic lifeblood. Or conversely, upholding its historically unprecedented and scientifically baseless banning in defiance of public opinion demonstrates a Potemkin village where ordinary voices assemble formally but wield no influence. Either civil majorities reclaim authority over their collective destiny, or the grand experiment in distributed authority fails entirely, ceding to structures of top-down population management mouthing vacuous nostrums about “freedom.”
Elucidating the futility of cannabis prohibition aims not to overwhelm but to empower. By exposing the façade, we shine light through cracks revealing paths forward. Truth sets possibility free, beginning within each individual.
The founding vision for this nation anchored in principles of open discourse, autonomy and self-governance. Though imperfectly practiced, these ideals birthed most prosperous societies in human history. They remain guidelines worth fighting for.
Yet the game stays rigged only when we accept rigged rules. We need not play games fixed against us, but gather collective courage to assert rules representing our shared interests. Mass refusal of unjust laws peacefully nullifies their power. And courage stands contagious – when communities defend reason over coercion, hope ignites.
The state cannot operate without public complicity. Its sole purpose ought to uphold freedoms enabling citizens to thrive through self-direction. Any structures systematically overriding agency toward those ends no longer serve common humanity, but metastasize as tyranny dressed in familiar branding.
Our role lies not in violent revolution, but non-violent evolution toward systems facilitating empowerment.
We abandon assumptions that central authorities best solve local problems. Instead we work locally to prove mass flourishing blossoms when all lead themselves. The game only felt rigged when we forgot our place as players, not pawns.
The board resets when we make different moves.
MEDICAL MARIJUANA RESEARCH, 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
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“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.
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Loper Comes for the DEA. Will it Matter, Though?
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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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