Cannabis News
Why is the DEA, an Enforcement Agency, Making the Decision on Whether Marijuana is Legal or Not?
Published
4 months agoon
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The DEA shouldn’t be in charge of scheduling Marijuana says Jesse Ventura
And he’s not alone!
In a recent development that has caught the attention of cannabis advocates and lawmakers alike, the Drug Enforcement Administration (DEA) has indicated that it is following the necessary procedures in its marijuana rescheduling review.
This revelation came in response to a letter sent by a group of 21 lawmakers from both the House and Senate, urging the agency to promptly deschedule marijuana. The DEA’s Acting Chief of Congressional Affairs, Michael Miller, stated in a letter to Senator Elizabeth Warren and others that the agency will “follow the procedures that Congress set forth in the Controlled Substances Act, including an opportunity for a public comment period and a hearing.”
While these comments may seem routine, they provide valuable insight into the DEA’s potential plans for the coming weeks and months. The mention of a public comment period and hearing is particularly significant, as these steps would only be necessary if the DEA decides to reschedule marijuana from its current Schedule I status. This could mean that the agency is considering either rescheduling marijuana to Schedule III, as recommended by the Department of Health and Human Services, or descheduling it entirely.
If the DEA does choose to reschedule or deschedule marijuana, the public will have a 30-day window to provide comments on the recommendation before it can officially take effect. This opportunity for public input is crucial, as it allows stakeholders, experts, and concerned citizens to voice their opinions and contribute to the decision-making process.
The DEA’s acknowledgment that it is carefully following the procedures outlined in the Controlled Substances Act while conducting its administrative review of marijuana’s schedule is a positive sign for those who have long advocated for a change in the drug’s legal status.
However, the agency’s motives and the eventual outcome of this review remain uncertain.
But should the DEA even have the authority to schedule cannabis? This question lies at the heart of the ongoing debate surrounding marijuana policy in the United States. In this article, we’re going to explore this idea in detail, examining the arguments for and against the DEA’s role in determining the legal status of cannabis.
Since the beginning of the Biden Administration’s efforts to reschedule marijuana, there have been doubts about the endgame. When they revealed their push for Schedule III, it became apparent that this was a move to grant the pharmaceutical industry control over the cannabis market.
Here’s a timeline of the events that have unfolded:
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Late 2022: President Biden issues an executive order directing HHS to review marijuana’s status as a Schedule I drug and provide a recommendation on rescheduling.
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August 2023: After a year-long review, HHS sends a letter to the DEA requesting that marijuana be moved to Schedule III.
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September 2023: An anonymous Biden Administration official expresses belief that marijuana will be moved to Schedule III before the 2024 election.
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October 2023: A bipartisan group of 31 congressmembers sends a letter to the DEA, urging them to consider fully descheduling marijuana.
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December 2023: HHS releases a 250-page document explaining their rationale for wanting the DEA to reschedule marijuana to Schedule III.
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January 2024: Colorado Attorney General Phil Weiser leads a group of 12 state attorneys general in sending a letter to the DEA, advocating for rescheduling.
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February 2024: Speculation about an impending announcement from the DEA begins to circulate.
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March 2024: President Biden becomes the first president to promote marijuana law reform during a State of the Union address.
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April 2024: The DEA indicates they are in the process of writing a recommendation, with Administrator Anne Milgram set to make a decision on marijuana’s scheduling status.
The most recent development, with the DEA actively working on a recommendation, is significant because it suggests that the agency is closer than ever to potentially rescheduling marijuana.
Historically, the DEA has not been this close to making such a monumental change in cannabis policy.
It’s worth noting that the popularity of cannabis legalization has reached an all-time high, and with the November elections looming, Democrats may be doubling down on cannabis reform to secure the significant “cannabis vote” that could sway the outcome of the elections.
However, if cannabis isn’t rescheduled or legalized prior to November, there is no guarantee that the Biden Administration won’t backpedal or pull a “bait and switch” tactic. The cannabis community must remain vigilant and continue to push for meaningful reform, regardless of the political landscape.
Former Minnesota Governor Jesse Ventura has been a long-time advocate for cannabis legalization, and his recent interview with Marijuana Moment highlights his unwavering commitment to the cause.
Ventura’s personal experience with the benefits of medical marijuana has fueled his passion for reform, as he credits cannabis with saving his wife’s life when she developed late-in-life epileptic seizures.
Ventura’s support for cannabis legalization dates back to his gubernatorial campaign, when he openly embraced the issue despite warnings from his party that it could cost him the election. “It didn’t hurt me a bit,” Ventura said.
“It actually, I think in the end, strengthened me because it showed the public I have balls enough to bring up topics that were real in life and not be the typical politician and sweep them under the rug and run from them.”
His success in the election serves as a testament to the fact that people are willing to elect officials who are open about their cannabis use and support for reform. Ventura believes that if he were running for office today, he would make cannabis legalization a top campaign issue to align with the “loyal” base of consumers eager for change.
One of the key points Ventura raised in the interview was his criticism of the Drug Enforcement Administration’s (DEA) role in the cannabis rescheduling process. He questioned why the DEA, an enforcement agency, is allowed to make decisions on the legal status of marijuana, stating, “I guess the first thing that I did was I had to scratch my head and go, ‘Why is the DEA, the enforcement people, allowed to make the decisions on whether it should be legal or not?'”
Ventura pointed out the inherent conflict of interest in the DEA’s involvement, saying, “Excuse me, they have the biggest conflict of interest of anybody on the planet, right? Because if they keep it illegal, that means they stay in business and they get way more money allocated to them by the federal government to continue to go out and bust people for cannabis. How come they’re the deciding agency?”
He further emphasized his point by drawing a comparison to law enforcement, stating, “Excuse my French, but that’s bullshit. You know, that’s like putting the police in charge of lawmaking. You elect people to make laws. The police merely enforce the law. Why are you allowing the enforcer of the law to make the law?”
Ventura’s critique of the DEA’s role in the rescheduling process highlights the need for a more impartial and evidence-based approach to cannabis policy reform. As support for legalization continues to grow, with a recent poll showing that one in five American adults are regular marijuana consumers, it is crucial that the decision-making process is guided by science and public opinion rather than the interests of enforcement agencies.
As the 2024 presidential election approaches, Ventura believes that embracing cannabis reform could be a winning strategy for candidates looking to secure the significant “cannabis vote.” While he acknowledged that President Donald Trump might face pushback from his evangelical base if he were to support legalization, Ventura maintains that the time is right for bold action on cannabis policy.
With his newly launched cannabis brand, Jesse Ventura Farms, the former governor is committed to making a positive impact on the industry and the lives of those who can benefit from medical marijuana. As he continues to champion reform, Ventura’s message is clear: it’s time for the federal government to catch up with public opinion and end the prohibition of cannabis once and for all.
Jesse Ventura’s critique of the Drug Enforcement Administration’s (DEA) role in the cannabis rescheduling process is spot on. The fact that the very agency responsible for enforcing drug laws is also tasked with determining the legal status of substances like marijuana is an inherent conflict of interest. As Ventura aptly put it, this arrangement is akin to allowing the police to make the laws they enforce. It’s an insane setup that undermines the principles of fairness and impartiality in our legal system, and it’s something that America needs to address urgently.
While the potential rescheduling of cannabis to Schedule III might seem like progress, it’s crucial to recognize that this move could be primarily a power grab by the pharmaceutical industry. If marijuana remains on the controlled substance act in any capacity, it is still, in essence, illegal. To put this into perspective, we can equate the situation to slavery: descheduling would be akin to liberty, while Schedule III is like having permission to go to town unattended while still being considered someone’s property. True progress will only be achieved when cannabis is completely removed from the controlled substance act.
As the 2024 elections approach, it’s important for voters to be aware of the games politicians play when it comes to hot-button issues like cannabis legalization. While Democrats may tout their support for reform as a core part of their campaign strategy, it’s worth noting that they failed to legalize marijuana despite having majority control over the past four years. This inconsistency should give pause to anyone who believes that campaign promises will inevitably lead to meaningful change.
At the end of the day, the path to genuine cannabis reform is fraught with obstacles, including entrenched interests, political maneuvering, and a lack of political will. As citizens, it is our responsibility to hold our elected officials accountable and demand that they take action to end the failed war on drugs and the unjust prohibition of marijuana.
Only by remaining vigilant, informed, and engaged can we hope to achieve the kind of lasting change that will benefit individuals, communities, and our nation as a whole.
THE DEA STRUGGLES ON CANNABIS, READ ON…
WHY IS THE DEA ARRESTING MORE PEOPLE FOR WEED AFTER LEGALIZATION?
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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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