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4 In 5 Marijuana Consumers Oppose Hemp THC Ban Trump Signed Ahead Of Rescheduling And CBD Access Order, Poll Shows

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Four out of five marijuana users say they oppose the recriminalization of hemp THC products a spending bill President Donald Trump signed into law in November, just weeks before he ordered the rescheduling of cannabis and took steps to protect access to full-spectrum CBD.

However, the current law would redefine hemp in a way that industry players believe, after Trump legitimized the sector during his first term when it was federally legalized under the 2018 Farm Bill.

While there has been some division between marijuana and hemp interests over the THC ban that goes into effect next November, an overwhelming majority of cannabis users (82 percent) said they are waiting to oppose the policy change.

That’s according to a new survey conducted by cannabis telehealth platform NuggMD, which asked marijuana users to weigh in on the law’s provisions to recriminalize hemp THC.

Only 4% of respondents said they support the ban, while 15% have no opinion on the policy.

Q: “The president recently signed legislation recriminalizing hemp-derived THC, which became legal in 2018. Do you support or oppose this policy?”
n: %
I am against politics. Hemp THC must be legal. 365 81.5%
I have no opinion on politics. 67 15.0%
I support the policy. Hemp THC should be banned. 16 3.6%

The survey interviewed 448 cannabis users living in the state’s legal markets between December 4th and 14th, with a margin of error of +/-4.63 points.

The survey came just weeks before Trump signed an executive order directing the attorney general to complete the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).

Part of that announcement also has implications for the upcoming hemp law. The president’s executive order also asked Congress consider updating the definition of hemp to ensure that full-spectrum CBD is available to patients.

Another redefinition of hemp would be part of a novel proposal allow Medicare recipients to access non-toxic CBD that would be covered under the federal health care plan.

To make this happen, the Centers for Medicare and Medicaid Services (CMS) will “enable a model that will allow certain CMS beneficiaries to benefit from receiving CBD at no cost on the basis of a physician’s recommendation,” a White House official announced in a briefing. Marihuana Moment first reported the leaked details ahead of the signing event.

“The December 18 Executive Order on Cannabis makes it clear that the White House has a real CBD agenda,” Andrew Graham, director of communications at NuggMD, told Marijuana Moment. “We looked at the popularity of recent congressional efforts to regulate hemp, because right now that policy is a big obstacle to that agenda.”

“Cannabis users are key players in this policy debate because they are directly affected by another ban on THC hemp, so their voice belongs in the conversation,” he said. “Also, there’s a practical question about the ban, because I don’t know how you would do a federal policy that bans THC but doesn’t ban CBD. Given the popularity of hemp THC products, I see this as a choice situation and I’m not going to pretend to know which side will prevail.”

Trump appeared to support a more flexible CBD policy over the summer shared a video calling for that exact reform while promoting the health benefits of cannabidiolespecially for the elderly.

Meanwhile, it would make way for the recently introduced bill in the Republican-led Congress stop implementing the hemp ban under established credit legislation.

Hemp companies and industry groups have warned about the potential ramifications of the ban, but despite states in support of cannabis rights and a recent social media post extolling the benefits of CBD, Trump signed the underlying spending measure into law without endorsing the hemp provisions.

GOP political operative Roger Stone recently said it was Trump effectively “forced” Republican lawmakers to sign the spending bill with language to ban hemp THC.

However, a White House spokesman said before signing the bill Trump was particularly supportive of the ban’s language.

The Democratic governor of Kentucky said that the hemp industry is an “important” part of the economy that deserves to be regulated at the state level—instead of being banned federally, as Congress has done—.

Additionally, a leading veterans organization is alerting Congressional leaders to the recently passed blanket ban on consumable hemp products. could inadvertently “close the door” on critical inquiry.


It’s Marijuana Moment tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.


Learn more about our marijuana bill tracking and become a Patreon supporter to gain access

Since 2018, cannabis products have been considered legal hemp if they contain less than 0.3 percent delta-9 THC by dry weight.

The new legislation specifies that, within a year of taking effect, the weight will be applied to total THC—including delta-8 and other isomers. Also, “as tetrahydrocannabinol (or any other marketed cannabinoid) with similar effects in humans or animals (as determined by the Secretary of Health and Human Services).”

The new definition of legal hemp will also prohibit “any hemp-derived cannabinoid intermediate product marketed or sold as an end product or directly to an end consumer for personal or home use” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or are unable to produce it naturally.

Legal hemp products will be limited to a total of 0.4 milligrams of total THC or any other cannabinoid with similar effects per container.

Within 90 days of the bill’s passage, the Food and Drug Administration (FDA) and other agencies must “publish a list of all cannabinoids known to the FDA to be naturally produced by a Cannabis sativa L. plant, as reflected in the peer-reviewed literature,” which include “all tetrahydrocannabinol classes known” in natural plants and “known cannabinoids.” cannabinoids that have or are marketed as having effects similar to cannabinoids of the tetrahydrocannabinol class.

The language differs slightly from provisions in legislation advanced out of the House and Senate Appropriations panels, which would have banned products with “quantifiable” amounts of THC, to be determined by the HHS secretary and the agriculture secretary.

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Data collection as an operational tool in commercial cannabis cultivation

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At the latest edition of Indoor Ag-Con, Jeremy Shechter focused his presentation on how data collection should work as an operational tool in commercial cannabis cultivation.

Jeremy, founder of Open Source Horticulture, opened by challenging a common assumption within the cultivation community. “We’re not as good as we think we are,” he said, pointing to the gap between perceived performance and what can actually be demonstrated. Without data, he argued, operators tend to rely on preconceptions rather than evidence.

Genetics, Jeremy explains, cannot be evaluated in isolation. “Genetics don’t just happen in a vacuum,” he said. In other words, data collection becomes the only reliable way to understand how genetics behaves in different rooms, facilities and operating conditions.

Profit figures alone, he adds, rarely tell the whole story. Teams may be able to articulate a number, but struggle to explain how that result was achieved. “Show me the dashboard,” Jeremy said, describing situations where performance claims fall apart because historical data is not available or cannot be accessed. In those cases, memory fills the void, even though, as he said, “our memory is very bad.”

© Eelkje Pulley | MMJDaily.com

The importance of setting goals
Jeremy envisioned data as a mechanism that allows teams to move toward defined goals. “One of the most important drivers for people is moving toward a goal,” he said, and progress is only seen when it’s measured consistently. Without solid data, goals remain abstract.

A recurring point in the presentation was the need for moderation. To illustrate this, he quoted Leonardo Da Vinci: “Simplicity is the ultimate sophistication,” Jeremy said, describing the tendency to overcomplicate data systems. He argued that not all data is worth collecting, and that excessive measurement often creates noise rather than insight.

Deciding what data matters, Jeremy insists, should not be left to chance. “Data is not created equal,” he said, “teams can easily spend time collecting information that doesn’t impact results. KPI selection should be driven by leadership and tied directly to business performance, then clearly communicated to crop managers.”

Entrepreneurship then becomes the key. “If a data point doesn’t inform a decision, it shouldn’t be treated with the same rigor.” Jeremy used room pressure as an example, explaining that while deviations from a set point can indicate a problem, they don’t necessarily correspond to long-term performance tracking. In other words, trends are more important than isolated readings.

Data collection systems
Jeremy also discussed the structure of effective data collection systems. “It has to be top to bottom,” he said, describing the need to follow every step of the process from cultivation to packaging. “Those systems have to be custom built for each facility.” He again emphasized the importance of keeping it simple and easy. “If you want to keep doing something, keep calm,” Jeremy said. Adding steps to any process increases friction and reduces compliance, whether in cultivation or data entry.

Paper-based workflows were highlighted as a persistent problem. Jeremy described the operations involved in entering data and then transferring it to a computer, a process he noted is inefficient and error-prone. Fully digitized systems, using tablets or mobile devices, were presented as a basic requirement for reliable data access.

Towards the end of the session, Jeremy touched on how data influences decisions beyond crop metrics. He noted that some cultivars can produce high yields but perform poorly after drying, becoming brittle or difficult to handle. Without tracking these results, operators run the risk of optimizing for numbers that don’t translate into finished product performance.

For more information:
Indoor Ag-Con
www.indoor.ag

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Michigan’s Marijuana Tax Experiment Should Be An Urgent Warning To Other States (Op-Ed)

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“Other states should also learn from Michigan’s experience, rather than repeating the same economic mistake when faced with a budget deficit.”

By Hirsh Jain, Verdant Strategies

In an effort to raise short-term revenue, Michigan recently adopted a cannabis tax structure that is already proving economically counterproductive and strategically short-sighted.

For many years, Michigan was one of the most successful legal cannabis markets in the United States. The explanation was simple. Michigan, understandably, adopted one of the lowest cannabis tax rates in the country.

The state imposed a 10 percent excise tax on adult use, shared between state and local governments, plus a standard 6 percent sales tax, for a total effective rate of 16 percent. By comparison, California’s cannabis tax burden was twice as high, approaching 40 percent in some cities.

The contrast was stark because California and Michigan share deep histories of medical cannabis. California was the first state in the nation to legalize medical cannabis in 1996. Michigan subsequently developed one of the strongest grower-based cannabis markets in the country in the 2000s and 2010s. Both states built strong cultural and political foundations around the idea that cannabis is medicine.

When it came to legalizing adult use, however, the two states went in different directions.

Michigan largely believed that cannabis should be treated as a medicine rather than a vice. He adopted a moderate tax structure that kept legal prices competitive. California, in contrast, imposed heavy taxes and regulatory costs that treated cannabis as a luxury or vice product rather than a therapeutic good.

Predictable results followed.

Michigan’s relatively modest taxes drove consumers out of the illegal market and into licensed stores. Legal sales rose quickly, reaching about $3.3 billion annually in a state of just 10 million people.

California’s market has hovered around $4 billion in recent years, despite nearly quadrupling its population. Per capita, Michigan became one of the strongest adult cannabis markets in America, while California became the weakest, driven by tax policies.

In July 2025, industry analytics firm Headset stated: “What’s so surprising about Michigan’s pace of sales is California’s population difference. With a population of 10 million, Michigan is on the verge of usurping America’s largest state, California, with a population of nearly 40 million.”

Cannabis became a major driver of employment in Michigan. According to industry recruiting firm Vangst, 47,000 Michiganders were expected to work in the industry in 2024, representing a staggering nearly 1 percent of the statewide workforce.

Even more striking, Crain’s Detroit Business reported that cannabis accounted for a staggering 52 percent of Michigan’s private sector net job growth from 2018 to 2024. At a time when many of Michigan’s traditional manufacturing industries have struggled and wage growth has stalled for many workers, cannabis has been the state’s most consistent source of job growth.

Then the tax structure changed.

From January 1, 2026. Michigan enacted a new 24 percent wholesale cannabis tax. This effectively doubled the tax burden on operators at a critical point in the supply chain. The effects were immediate.

According to New Cannabis Ventures, Michigan’s legal cannabis market generated just $226 million in sales in January 2026, the lowest monthly figure since late 2022. Sales fell a sharp 16 percent from December 2025, the month before the tax took effect, and were 8 percent lower than in January 2025.

The situation may worsen in the coming months. Many Michigan dispensaries stocked inventory at the end of 2025, before the tax went into effect, and are still selling product that was not subject to the new wholesale tax.

And even that temporary solution came with compromises. Retail analytics firm Happy Cabbage noted that high-demand items were often in limited supply by the end of 2025, while low-demand items were readily available. As a result, purchasing decisions increasingly reflected what suppliers had available, rather than what customers would buy.

The full impact of the tax increase will become clearer in the coming months as more inventory from the new taxes hits store shelves and higher costs are passed on to consumers.

But already the influence of the industry has been sobering. In January alone, several large operators in Michigan announced crop closures, retail consolidation and layoffs, citing falling margins after the tax hike.

Higher Love Cannabis announced the layoffs of 61 of its 213 employees, explaining that the cuts were necessary to deal with the new tax. C3 Industries said it would close its Webberville cultivation facility and lay off 62 workers, noting that it had warned lawmakers of this outcome if the wholesale tax were enacted. PinCanna put its operations up for sale, citing the new wholesale tax as the reason. The owner of The Greenhouse announced that 30 percent of Michigan dispensaries could close in the next year due to tax increases.

This tax increase is quickly destabilizing perhaps Michigan’s most dynamic job-creating industry in recent history. An unmistakable reminder that cannabis does not operate in a closed legal market. It competes directly with a resilient illegal market with no excise taxes, no compliance costs and no regulatory burden.

This illegal market has operated for decades and can quickly absorb consumers if the price difference is too great. It is an intellectual fantasy to think that when policymakers raise taxes on cannabis, they are adjusting their revenue projections. In reality, market share and financial resources are being shifted to an unscrupulous and often violent illegal market.

Michigan’s early success showed that moderate taxation can expand the legal market and grow revenue organically. His latest shift suggests that aggressive taxation could quickly reverse that progress.

It is critical that other states take notice of what is happening in Michigan right now. In recent months, states such as Maine, Maryland and Minnesota have also increased tax rates on cannabis, hoping to cover several unrelated revenue gaps. But whether policy makers in these states appreciate it yet, these decisions will reduce legal sales and strengthen illegal operators.

In fact, California learned this lesson in the third quarter of 2025 when it raised its already high cannabis tax from 15 percent to 19 percent. Legal sales fell 5 percent from the previous quarter, falling to the lowest quarterly level in more than five years and prompting the state to quickly overturn and reset the tax rate to 15 percent. Michigan ignored this clear economic lesson.

Beyond its economic consequences, overtaxing cannabis runs counter to the spirit and logic of federal reprogramming. If cannabis is formally recognized at the federal level for medical use under Schedule III, states with a long history of medical cannabis should pause and reconsider whether their tax policies adequately reflect and respect their heritage.

Michigan and California pioneered the legalization of cannabis as medicine, creating the conditions for the dramatic shift in national attitudes reflected in the current rescheduling push. Taxing cannabis at rates that exceed those applied to alcohol and tobacco, products that kill hundreds of thousands of Americans each year, betrays this pioneering medical legacy.

If the lessons of reorganization are taken seriously, both Michigan and California should reexamine their punitive tax structures in light of their history.

And states like Pennsylvania and Virginia, which could vote to create new adult-use markets in 2026, also have a clear chance. They can achieve illusory short-term fiscal gains through higher taxes and risk repeating Michigan’s recent mistakes. Or they can design tax structures that support stable businesses, protect jobs, and align policy with the growing acceptance of cannabis.

Michigan’s tax experiment is unfolding, but early signs are troubling. The state still has time to change course, as California did, albeit modestly.

For the sake of the public, tens of thousands of cannabis workers, and the legal market it built, Michigan lawmakers should roll back this tax increase.

Other states should also learn from Michigan’s experience, rather than repeating the same economic mistake in the face of a budget deficit.

Hirsh Jain is the Director of Market Intelligence Green strategiesfinancial services and solutions company providing tax planning and accounting services to many of the nation’s leading cannabis brands and retailers. He is also the principal of Ananda Strategy, a consulting firm based in Los Angeles.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

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Liquor shops may start selling low-THC drinks

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New York State lawmakers have introduced a bill that would allow liquor stores to sell low-THC cannabis drinks, amid growing interest in cannabis drinks.

Democrat Senator Jeremy Cooney and Assemblyman John Zaccaro have recently introduced additional legislation in the Senate and Assembly to allow licensed liquor and wine stores to sell low-potency cannabis beverages.

The bill would allow retail sales of beverages containing 5 milligrams of THC, produced by New York adult-use cannabis licensees, and direct related tax revenue to the state’s cannabis revenue fund.

The measure would open a new way for liquor stores to sell low-dose cannabis drinks, imposing new taxes and determining how the revenue would be used, and would expand New York’s adult-use market.

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