Cannabis News
The Scrooge of Cannabis Takes on VP Harris with Reefer Madness
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5 months agoon
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Reginald vs The Scourge – Analyzing Sabet’s latest Reefer Madness
As an advocate for personal responsibility, bodily autonomy and freedom, I have made it my mission to challenge the stance of prohibition and counteract the misinformation that fuels it. The right of individuals to make informed choices about what they put into their own bodies is fundamental. Yet there are still vocal prohibition advocates who spread falsehoods and rely on fearmongering rather than facts. It’s crucial that we critically examine their claims to determine if there is any real scientific and logical basis behind them.
For years, one of the loudest voices on the prohibition side has been Kevin Sabet and his organization SAM (Smart Approaches to Marijuana). Sabet recently co-authored an opinion piece in The Hill arguing against rescheduling cannabis and painting a dire picture of the supposed harms of legalization. But do his arguments hold up to scrutiny?
In this article, we’re going to take a close look at the claims made in Sabet’s latest letter, titled “Kamala Harris is gravely wrong about rescheduling marijuana.” We’ll see if there is factual merit behind the rhetoric, or if it’s simply drug war propaganda fueled by ideology and vested interests.
To be clear, I hold no love for Vice President Harris given her history as a prosecutor who gleefully sent cannabis users to jail as California Attorney General. It pains me to have to defend her recent comments in favor of rescheduling. But intellectual honesty demands calling out Sabet’s flawed arguments, even if Harris and I are strange bedfellows on this issue.
With over 90% of Americans now in favor of legal access to cannabis, at least for medical use, Sabet’s prohibitionist views represent an increasingly marginalized fringe. Yet he still garners attention as the media’s go-to “anti-pot” voice. So join me as we dissect his latest screed and I make the case for why his Reefer Madness mindset belongs in the dustbin of history.
As always, I approach this not as a blind defender of cannabis, but as someone who believes policy should be grounded in science, reason and human rights. Let’s see if Sabet’s arguments meet that bar.
In order to save you all time from reading the Letter, I have gone through some of their arguments and come up with a response to each point. Mainly, I challenge their logic, their conclusion, and whether or not they have a bias in a particular arena.
Let’s go!
“First, we should address what Harris left unsaid. Since his election, Biden has demonstrated that criminal justice reform is possible without commercializing today’s industrialized, high-potency THC drugs or legalizing dangerous psychoactive drugs.”
While President Biden has taken some symbolic steps towards cannabis reform, such as pardoning low-level federal possession offenses, his overall impact on the legal status of cannabis has been sorely lacking. The glaring elephant in the room is that cannabis remains a Schedule I substance under federal law, a classification reserved for drugs with “no currently accepted medical use and a high potential for abuse.”
This scheduling is not only scientifically baseless, but a cruel joke to the millions of patients who rely on cannabis as a safer, less addictive alternative to prescription opioids and other pharmaceuticals for treating conditions like chronic pain, PTSD, epilepsy, and the side effects of chemotherapy. The medical applications of cannabis are extensively documented, with FDA-approved cannabinoid medications like Epidiolex and Marinol just the tip of the iceberg.
Moreover, the notion that cannabis belongs in the same category as heroin in terms of abuse potential is laughable when compared to the legal and widely available drug alcohol, which is far more toxic and addictive by any objective measure. The continued Schedule I status of cannabis is a relic of the racially and politically motivated War on Drugs, not a reflection of scientific reality.
While incremental criminal justice reforms are welcome, they don’t address the root problem of cannabis’ egregious misclassification, which perpetuates stigma, stifles research, and keeps the industry in a legal gray area. If the Biden administration is serious about righting the wrongs of the drug war and embracing an evidence-based approach, it must prioritize the descheduling of cannabis altogether.
Sadly, these glaring contradictions and the need for substantive change seem to be among the many things left “unsaid” by our political leaders, even as public opinion and state-level legalization increasingly leave federal prohibition behind. It’s time for the Biden administration to match its rhetoric with bold action and consign cannabis prohibition to the dustbin of history where it belongs.
“There was no one representing social justice advocates, scientists and public health experts concerned about the harms of marijuana commercialization. Many of these experts have studied the socioeconomic effects of lax marijuana policies, including the fact that pot shops are often concentrated in and target poorer and non-white communities on purpose, much like menthol cigarettes target Black communities.”
Kevin Sabet and his cohorts at SAM love to posture as champions of social justice, but their actions and affiliations tell a different story. It’s high time we called out their cynical exploitation of marginalized communities as a cover for their true agenda – protecting the profits of the rehab industry that funds them.
Let’s be clear: Sabet’s organization has deep financial ties to the very same rehabilitation clinics that benefit from the court-ordered treatment of cannabis users caught up in the criminal justice system. These are the same clinics that are often in cozy partnership with the state, creating a perverse incentive to keep cannabis criminalized and the treatment beds filled. So when Sabet sheds crocodile tears over the impact of legalization on disadvantaged populations, forgive me if I’m a bit skeptical of his sincerity.
If Sabet and friends truly cared about social justice, they’d be working to dismantle the racist and classist drug war policies that have devastated communities of color, not fighting to preserve them. They’d be advocating for restorative justice, expungement of past convictions, and equitable access to the legal cannabis industry, not scaremongering about the supposed harms of legalization.
I’m all for an honest, evidence-based discussion about the public health implications of cannabis policy. Sabet claims to have science on his side? Great – let’s see him square off against the countless medical professionals and researchers who have attested to the therapeutic potential and relative safety of cannabis compared to legal substances like alcohol and tobacco. I’ll bring my experts, he can bring his, and we’ll see whose arguments hold up to scrutiny.
Of course, no policy is without trade-offs and the transition to a legal, regulated cannabis market is no exception. There will undoubtedly be some unforeseen consequences and challenges along the way. But when we weigh the evidence objectively, it’s clear that the overall societal benefits of ending prohibition – from reducing incarceration to generating tax revenue to weakening the illicit market – far outweigh the potential downsides.
So spare me the social justice smokescreen, Kevin. It’s time to have an honest conversation about cannabis policy, one grounded in science, compassion, and a genuine commitment to righting the wrongs of the failed war on drugs. The American people are ready for change – the question is, are you?
“While Biden should be praised for his stance opposing legalization and supporting expungement and removing penalties, rescheduling marijuana would be an abandonment of his efforts to keep drugs off our streets”
Your claim that rescheduling cannabis would undermine efforts to “keep drugs off our streets” would be laughable if the consequences of this thinking weren’t so tragic. News flash: after decades of prohibition and trillions of dollars wasted on enforcement, drugs are more readily available than ever. If you don’t believe me, just ask any high schooler how long it would take them to score some molly or a vape pen. Spoiler alert: probably less time than it takes to get a pizza delivered.
The painful reality is that the War on Drugs has been an abject failure by every conceivable metric. Despite the tireless efforts of the DEA and other law enforcement agencies, the illicit drug trade continues to thrive, with devastating consequences for public health and safety. Overdose deaths are at record highs, cartels are raking in billions, and marginalized communities bear the brunt of the violence and incarceration that prohibition fuels.
It’s time to face the facts, Kevin. We can’t arrest and incarcerate our way out of this crisis. The only way to truly get drugs under control is to bring them out of the shadows and into a system of strict regulation and oversight. By legalizing and regulating substances like cannabis, we can ensure that adults have access to safe, lab-tested products while keeping them out of the hands of minors. We can redirect law enforcement resources toward more serious crimes, and use the tax revenue generated by legal sales to fund education, prevention, and treatment programs.
This isn’t some radical, untested idea – it’s the approach that’s already working in countries like Portugal, where decriminalization has led to dramatic reductions in overdose deaths, HIV transmission rates, and drug-related crime. It’s the direction that more and more U.S. states are moving in with cannabis, as they recognize the failure of prohibition and the benefits of regulation.
Don’t just take my word for it. Let’s look at the data from states that have already legalized cannabis. Teen use has remained stable or even declined, opioid prescriptions and overdoses have fallen, and billions in tax revenue have been generated for public services. The sky hasn’t fallen, Kevin – in fact, by most measures, the situation has improved.
So please, spare us the fear-mongering about legal cannabis flooding the streets with drugs. The streets are already flooded, and it’s prohibition that’s keeping the cartels in business. It’s time for a new approach, one grounded in harm reduction, public health, and respect for individual liberty. The mission of the drug war has failed – it’s time to evolve. The question is, Kevin, are you ready to join us in the 21st century, or will you keep clinging to the failed policies of the past?
“Drug scheduling is not a harm index. It is a legal term that categorizes drugs based on medical benefit and potential for abuse. From a scientific basis, marijuana fails to meet the statutory requirements for any schedule other than Schedule I.”
Kevin, your claim that cannabis meets the criteria for Schedule I would be almost impressive in its sheer audacity if it weren’t so easily debunked by even a cursory glance at the scientific literature and real-world evidence.
Let’s start with the FDA-approved cannabinoid medications Epidiolex and Marinol, which are prescribed for conditions like epilepsy and chemotherapy-induced nausea. How exactly do these fit into your narrative that cannabis has “no currently accepted medical use”? Are you suggesting that the FDA is in on some vast stoner conspiracy?
And that’s just the tip of the iceberg when it comes to the medical applications of cannabis. Countless studies have documented its efficacy in treating chronic pain, muscle spasms, anxiety, PTSD, and a host of other conditions. In states with medical cannabis programs, patients are using it as a safer alternative to prescription opioids, with many able to reduce or eliminate their use of these highly addictive and potentially deadly drugs.
But hey, don’t take my word for it – just ask the millions of people worldwide who have found relief and improved quality of life through medical cannabis. Or consult the numerous medical organizations, like the American Nurses Association and the American Public Health Association, that have endorsed rescheduling or descheduling cannabis to facilitate research and patient access.
The notion that there is no evidence for cannabis’ medical utility is not just factually incorrect – it’s a slap in the face to the patients and healthcare professionals who have seen its benefits firsthand. It’s an ideologically driven talking point that has no place in a serious discussion about science and public health.
So please, Kevin, spare us the Schedule I nonsense. It’s a relic of the racist and politically motivated war on drugs, not a reflection of scientific reality. If you’re going to engage in this debate, at least have the intellectual honesty to grapple with the evidence instead of regurgitating long-debunked prohibitionist myths.
“It is also more dangerous than people think. In fact, the drug has undergone a transformation in its addictive potential. Today’s marijuana is nothing like Woodstock-era weed.”
Oh boy, here we go again with the “today’s pot is not your grandpa’s woodstock weed” scaremongering. Kevin, I hate to break it to you, but this tired talking point is the definition of reefer madness 2.0.
Yes, cannabis potency has increased over the years, thanks in large part to prohibition driving cultivation underground and incentivizing the production of more concentrated products. But the idea that higher THC content automatically equates to increased danger is overly simplistic and ignores the way cannabis is actually consumed in the real world.
The average THC content of popular strains in legal markets hovers around 14% – undoubtedly stronger than the schwag of yesteryear, but a far cry from the 90%+ concentrates that prohibitionists love to wave around to scare soccer moms. And let’s be real, even the most potent bud isn’t going to turn someone into a homicidal maniac. That’s the kind of hysterical nonsense that even the most die-hard D.A.R.E. graduates have trouble believing these days.
What Sabet and his ilk fail to grasp is that cannabis consumers are not mindless slaves to ever-increasing THC levels. People titrate their dose and use a variety of consumption methods to achieve their desired effect, whether that’s relief from pain and anxiety or a social buzz. Regular consumers also develop tolerance over time, meaning that what might be an uncomfortably intense experience for a newbie is just another Tuesday for a seasoned smoker.
Now, this is not to say that cannabis is harmless or that there aren’t risks associated with excessive use, particularly for young people with developing brains. Some folks will undoubtedly develop problematic relationships with cannabis, just as they do with alcohol, gambling, and Fortnite.
But the solution to mitigating those risks is not prohibition and criminalization – we already know how well that works out. It’s legalization, regulation, education, and harm reduction. By bringing cannabis out of the shadows and into a system of age restrictions, potency limits, and mandatory labeling, we can create guardrails to encourage responsible use while respecting the liberty and agency of adults to make their own choices.
And spare me the false equivalence between cannabis and alcohol, Kevin. If you’re going to play the Schedule I card, let’s at least be consistent. By any objective measure, alcohol is far more dangerous and addictive than cannabis – yet I don’t see you crusading to bring back the 18th Amendment. It’s almost as if your selective outrage and disdain for “psychoactive drugs” only applies to the ones you personally disapprove of. Funny how that works, isn’t it?
But hey, I get it. Admitting that you’ve hitched your wagon to a losing battle must be a bitter pill to swallow. But the American people are waking up to the absurdity of cannabis prohibition, and no amount of reefer madness redux is going to put that genie back in the bottle. It’s time to get with the times, Kevin. The future is green whether you like it or not.
SOURCE:
https://thehill.com/opinion/criminal-justice/4559148-kamala-harris
-is-gravely-wrong-about-rescheduling-marijuana/
https://www.marijuanamoment.net/house-gop-committee-urges-opposition-to-marijuana
-banking-bill-saying-gateway-drug-causes-violence-depression-and-suicide/
https://www.marijuanamoment.net/only-one-out-of-ten-americans-wants-to-
keep-marijuana-totally-illegal-pew-poll-shows/
https://www.pewresearch.org/politics/2024/03/26/most-americans-favor-legalizing
-marijuana-for-medical-recreational-use/
MORE ON KEVIN SABET AND SAM, READ ON…
KEVIN SABET IS GOING DOWN ON THE SINKING SHIP OF WEED PROHIBITION
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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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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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