Cannabis News
Cannabis Nation – How Daily Cannabis Use Now Outpacing Alcohol Consumption Will Change America (Op-Ed)
Published
3 months agoon
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A Nation of Stoners
How Cannabis Outpacing Daily Alcohol Consumption Will Change America
Alright folks, listen up. There’s been a shakeup in the world of substance abuse, and it’s not the kind you’d expect. Looks like good ol’ booze has been kicked off its throne as the king of daily consumption. That’s right, Americans are now more likely to spark up a joint after a long day than they are to crack open a cold one. Or six.
Now, some of you might be thinking, “Hey, what’s the big deal? People are just trading one vice for another.” But hold on a minute. This isn’t just about personal preference. When a whole nation decides to swap out their poison of choice, it’s not just a matter of taste. It’s a fundamental shift in the way we think, act, and interact with the world around us.
Picture this: a country full of stoners. Oh, sure, we might be a little slower to respond and a bit more prone to fits of giggling. But we’d also be a hell of a lot more chill. No more bar fights or drunken brawls. Just a bunch of happy-go-lucky folks content to sit back, munch on some snacks, and ponder the mysteries of the universe.
But hey, maybe that’s just the optimist in me talking. After all, who knows what kind of crazy shenanigans a nation of potheads might get up to? Will we all start wearing patchouli and playing hacky sack? Will we finally achieve world peace, only to forget what we were fighting about in the first place? Or will we just become a bunch of couch potatoes, too entranced by the latest nature documentary to bother with trivial things like work or responsibility?
I guess there’s only one way to find out. So buckle up, my friends. We’re about to embark on a wild ride through the hazy, smoke-filled landscape of a cannabis-loving America.
And who knows?
Maybe we’ll all come out the other side a little bit wiser, a little bit kinder, and a whole lot more mellow. Or maybe we’ll just have the munchies. Either way, it’s gonna be one hell of a trip.
Let’s begin by talking about how one little bean changed the course of human history. That’s right, we’re talking about coffee.
Now, let’s take a step back in time. Imagine a world before Starbucks, before Dunkin’ Donuts, before your fancy French press. In those dark ages, people didn’t have the luxury of a refreshing cup of joe in the morning. No, their go-to beverages were more along the lines of beer, mead, or some other fermented concoction. Why, you ask? Well, let’s just say that the water situation back then was less than ideal. You were more likely to catch a deadly disease from your drinking water than you were to quench your thirst.
So, people resorted to drinking alcohol to stay hydrated. Sounds like a party, right? Well, not so much when you consider the fact that everyone was essentially drunk all the time. I mean, can you imagine trying to be productive when you’re constantly buzzed? It’s a miracle they managed to get anything done at all.
But then, like a beacon of hope in a sea of drunken stupor, along came coffee. Suddenly, people realized that by boiling water, they could kill off all those pesky diseases AND enjoy a beverage that wouldn’t leave them stumbling around like a bunch of buffoons. Plus, as an added bonus, coffee actually made them more alert and focused. It was like a magic elixir for productivity.
And wouldn’t you know it, shortly after this game-changing shift in beverage choices, the industrial revolution kicked off. Coincidence? I think not. With the power of coffee coursing through their veins, people were able to work harder, faster, and smarter than ever before. The world was forever changed, all thanks to a humble little bean.
But here’s the thing: if coffee could have such a profound impact on the course of human history, just imagine what could happen if cannabis becomes the new norm. We’re talking about a substance that not only alters your state of mind but also has the potential to change the way you see the world. Could it lead to a new era of creativity, innovation, and enlightenment? Or will it just turn us all into a bunch of spaced-out, snack-obsessed philosopers?
Ah, the eternal question: “What is a stoner?” It’s a label that’s been thrown around for decades, often accompanied by images of lazy, unmotivated individuals wasting away in their parents’ basements. But the reality is far from this outdated stereotype. Today’s average cannabis consumer is just as likely to be a high-powered lawyer, a soccer mom juggling a hectic schedule, or even your trusted medical professional.
Now, as a self-proclaimed member of the stoner class, I can attest to some common threads that seem to run through the cannabis community. While not every single consumer fits this mold, there are some undeniable trends that emerge when you start to pay attention.
First and foremost, let’s talk politics. You might assume that stoners lean heavily to the left, but the truth is, most of them couldn’t care less about partisan bickering. Their primary concern is seeing cannabis legalized, and they don’t particularly care who gets the job done. This apolitical stance often extends to external conflicts as well. Unless absolutely necessary, most stoners prefer to take a hands-off approach, opting for mediation and diplomacy over aggression.
But it’s not just about avoiding conflict. Stoners also tend to have a heightened sense of empathy for their fellow humans and the environment. They understand the intricate web of connections that binds us all together, and they strive to treat the earth and its inhabitants with respect. This often translates to a love of nature and a desire to protect it.
When it comes to leisure activities, stoners tend to gravitate towards the simple pleasures in life. A nice walk in the park, some soothing tunes, or a creative outlet like art or music – these are the things that bring them joy. They’re not afraid to kick back, relax, and enjoy the moment.
And let’s not forget about food. Stoners appreciate a good meal, and they don’t take themselves too seriously in the process. They understand that life is meant to be savored, one delicious bite at a time.
But don’t let their laid-back demeanor fool you. Stoners can be some of the most responsible, hardworking individuals you’ll ever meet. They tend to take good care of themselves, both physically and mentally, which often leads to fewer sick days and longer, healthier lives. And when it comes to the powers that be, stoners are wise to the fact that corporate interests and government corruption often go hand in hand. They’ve lost faith in the official narrative and instead choose to trust their own instincts and experiences.
Of course, these are all generalizations, and I’ll admit that my own biases may be coloring my perception. But if you take the time to talk to a few stoners yourself, I’m willing to bet their answers will fall somewhere in the same ballpark. The stoner archetype may have evolved over the years, but the core values of empathy, respect, and a love for the simple things in life remain as strong as ever.
Alright, let’s shift our focus to the elephant in the room: alcohol. It’s time to put this seemingly innocuous substance under the microscope and see what kind of ugly truths we can uncover.
Now, I know what you’re thinking. Most people who enjoy a drink or two are perfectly respectable members of society. They’re not out there causing trouble or making a scene. And you’re right. The majority of alcohol consumers are moderate and well-behaved. But here’s the thing: when you look at the cold, hard facts, alcohol starts to look like a pretty horrendous drug.
Let’s start with the big one: violence. According to the FBI’s own database, alcohol is responsible for up to 40% of all violent crimes. That’s a staggering number when you really stop to think about it. And that’s not even taking into account the countless cases of domestic violence and sexual assault that can be traced back to alcohol consumption.
But the toll of alcohol doesn’t stop there. Every year, countless lives are lost to drunk driving accidents. And let’s not forget about the myriad of alcohol-related diseases that claim even more victims. From liver cirrhosis to various types of cancer, alcohol is a silent killer that takes an immense toll on public health.
And then there’s the impact on the mind and body. As a depressant, alcohol can wreak havoc on your mental wellbeing, exacerbating existing conditions and creating new ones. But it’s not just your brain that suffers. Alcohol is an intoxicant that puts stress on virtually every organ in your body, leaving you feeling like a shell of your former self.
Speaking of productivity, good luck getting anything done when you’re under the influence of alcohol. A drunk person is about as useful as a screen door on a submarine. They’re not exactly known for their sharp wit, keen insights, or ability to get things done.
But perhaps the most troubling aspect of alcohol consumption is the way it warps your perception of the world around you. When you’re drunk, you’re wrapped up in your own little bubble of intoxication. Empathy goes out the window, and the needs and feelings of others become secondary to your own desires. It’s a recipe for disaster, both on a personal and societal level.
And let’s not forget the most glaring difference between alcohol and cannabis: the lethal dose. Drink too much alcohol in one sitting, and you could very well end up in a body bag. But no matter how much cannabis you consume, you’ll never face that same risk. Sure, you might end up taking an unplanned nap or raiding the fridge, but death by overdose simply isn’t a concern.
So there you have it. When you strip away the social acceptability and take a hard look at the facts, alcohol starts to look like a pretty dangerous and destructive substance. And yet, it remains legal and widely available, while cannabis continues to face stigma and persecution. Makes you wonder about our priorities as a society, doesn’t it?
Alright, it’s time to wrap this up and get to the sticky bottom line. So, cannabis has officially dethroned alcohol as the substance of choice for daily consumption. And you know what? I think that’s a good thing.
Now, I’m not saying that cannabis is some miracle drug with no downsides. Of course, there will be some unforeseen consequences as this trend continues to unfold. But when you stack it up against alcohol, the benefits seem to outweigh the risks.
Think about it this way: if you were a hiring manager and you had two candidates in front of you – a perpetual drunk who’s always under the influence, and a perpetual stoner who’s always high – who would you choose? I know where I’d place my bet.
The drunk is going to be unreliable, unproductive, and potentially even dangerous. They’ll show up late (if they show up at all), struggle to focus on tasks, and maybe even cause some drama in the workplace. Not exactly a recipe for success.
But the stoner? Sure, they might space out occasionally or take a few extra snack breaks. But overall, they’re going to be far more functional and capable of getting the job done. They’ll be more creative, more empathetic, and less likely to fly off the handle at the slightest provocation.
And that’s just the workplace. Imagine the ripple effects throughout society as a whole. Less violence, fewer accidents, and a greater sense of community and connection. It’s not hard to see how this shift could lead to some pretty positive changes.
Of course, there will be challenges along the way. We’ll need to navigate the legal and social implications of widespread cannabis use. We’ll need to educate people on responsible consumption and make sure that the industry is regulated and controlled.
But at the end of the day, I believe that this move away from alcohol and towards cannabis is a step in the right direction. It’s a chance to rethink our relationship with substances and make choices that prioritize our health, our happiness, and our collective wellbeing.
So let’s embrace this new era of cannabis consumption. Let’s approach it with open minds and a willingness to learn and adapt. And most importantly, let’s remember to pass the joint to the left-hand side. Because in this brave new world, sharing is most definitely caring.
MILLONS PREFER WEED OVER BOOZE, READ ON…
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Cannabis News
The US Suddenly Has Two Pro-Marijuana Legalization Candidates, But Only One is Believable 60 Days Before the Election
Published
19 hours agoon
September 7, 2024By
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“Don’t Believe the Hype” – Public Enemy
In a surprising move, former President Donald Trump has publicly endorsed the legalization of cannabis, arguing that the criminalization of marijuana “ruins lives” and “wastes taxpayer dollars.” Speaking at a rally in Florida, Trump expressed confidence that voters will support a marijuana legalization initiative on the November ballot, stating, “I really believe it’s the right thing to do.”
Trump’s comments come at a time when public support for cannabis legalization is at an all-time high, with recent surveys indicating that approximately 78% of American adults favor legalization. The economic implications of this shift are significant, with the cannabis industry currently employing around 500,000 people and generating $29 billion in sales last year, a figure projected to rise to $37 billion by 2027.
The Harris camp immediately accussed the Trump camp of a “brazen flip-flop” on marijuana legalization just before the election in order ot try and lure swing voters. Based on Trump’s past presidency and his work with Attorney General Sessions during his first term, he is certainly no fan of marijuana, marijuana legalization, or was in any rush to support states that establisted legal, medical cannabis programs. As they say in life, “watch what someone does, not what they say 60 days before an election”, Trump had his chance as Commander-In-Chef and put the marijuana movement back 5 steps when he was in office.
This certainly smells fishy from the start based on his track record on drugs, alcohol, and marijuana legalization. Remember, he actually took steps in his Presidency to shut the marijuana movement down in America according to the New York Times.
Harris, on the other hand, claims to be for rescheduling cannabis and even legalizatio,n and a large clemency program. While she has been Vice-President for 4 years and legalization has not happened, her boss, President Biden, is no fan of drugs and has been on a founding memeber of the “War on Drugs” for over 40 years in office. So no, Harris has not “had her chance” the way Trump has had his chance as the actual President. As many know, the Vice-President’s roll in some instances is more for show and to take tours and visits the president does not have time or want to to do.
Harris has a “yet to be determined, yet things look good” on her marijuana legalization report card.
As MJBIZ covered in their artice on who would be better for marijuana reform going forward..
During a relatively quiet few years as vice president, Harris stumped for Biden’s generational advances in marijuana reform.
She was out front on the Biden administration’s pardons for former federal marijuana offenders as well as the October 2022 executive order that culminated in the Justice Department’s proposal this spring to move marijuana from Schedule 1 to Schedule 3 of the Controlled Substances Act.
“She’s actually gone further than (Biden),” said Bryan Barash, vice president of external affairs and deputy general counsel at Dutchie, an Oregon-based online cannabis sales platform.
“She’s said, ‘We can’t stop until there’s full legalization,’ which he has never said.”
In other words, Harris has the best record on marijuana reform of any major presidential candidate, including Biden.
Economic Implications of Legalization
The economic implications of cannabis legalization are substantial. The cannabis industry has rapidly evolved into a multi-billion dollar market, employing around 500,000 people and generating $29 billion in sales in the past year alone. Projections indicate that this figure could rise to $37 billion by 2027, highlighting the potential for job creation and economic growth in states that choose to legalize cannabis.
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Job creation: Legalizing cannabis could create thousands of jobs across various sectors, significantly boosting the economy. In agriculture, the cultivation of cannabis will require a workforce for planting, harvesting, and processing. The retail sector will also expand, as dispensaries will need staff for sales and management roles. Additionally, manufacturing jobs will emerge to produce cannabis-infused products, such as edibles and oils. Overall, legalization can lead to substantial job creation in agriculture, retail, and manufacturing, benefiting local communities and economies.
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Tax Revenue: Legalizing cannabis could create thousands of jobs across various sectors, providing a significant boost to the economy. In agriculture, the cultivation of cannabis will require workers for planting and harvesting. The retail sector will also expand, as dispensaries will need staff for sales and management roles. Additionally, manufacturing jobs will emerge to produce cannabis-infused products like edibles and oils. Overall, legalization can lead to substantial job creation, benefiting local communities and economies.
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Economic Growth: A legal cannabis market has the potential to stimulate economic growth, especially in economically disadvantaged areas. By establishing regulated cannabis businesses, communities can attract investment and create new revenue streams, leading to job creation and increased local spending. This influx of economic activity can revitalize struggling neighborhoods, providing opportunities for entrepreneurship and supporting ancillary businesses, such as suppliers and service providers. Additionally, the tax revenue generated from cannabis sales can be reinvested into public services, infrastructure, and community development projects, further enhancing the overall economic landscape. Ultimately, legalizing cannabis can serve as a catalyst for sustainable growth and revitalization in areas that need it most
Health Benefits and Opioid Reduction
Trump also emphasized the health advantages of legal cannabis, particularly its potential role in managing chronic pain and reducing reliance on opioids. This point is especially relevant given the ongoing opioid epidemic, which has claimed hundreds of thousands of lives in recent years.
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Mental Health Benefits: Emerging research suggests that cannabis may also have therapeutic benefits for mental health conditions, such as anxiety and depression, further supporting its legalization.
Disproportionate Impact on Communities of Color
Trump’s advocacy for cannabis legalization also reflects a growing awareness of the disproportionate impact of cannabis criminalization on communities of color. Over 40,000 individuals remain incarcerated for non-violent cannabis offenses, with Black and Hispanic individuals being significantly more likely to face prosecution and harsher sentences for cannabis-related crimes.
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Social Equity Programs: Many states that have legalized cannabis have implemented social equity programs aimed at helping communities disproportionately affected by the War on Drugs, providing opportunities for entrepreneurship and economic participation in the legal cannabis market.
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Expungement of Records: Legalization efforts often include provisions for expunging the records of individuals previously convicted of non-violent cannabis offenses, allowing them to reintegrate into society without the stigma of a criminal record.
Shifting Political Landscape
Trump’s endorsement of cannabis legalization represents a significant shift in the political discourse surrounding the issue. Historically, the Republican Party has been more resistant to legalization efforts, with many conservatives expressing concerns about the potential for increased drug use and public safety risks. However, as public opinion has shifted and the economic and social benefits of legalization have become more apparent, some Republican leaders have begun to reconsider their stance.
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Influence of State-Level Legalization: The success of state-level legalization efforts has provided a blueprint for national policy changes, demonstrating that cannabis can be regulated effectively without compromising public safety.
Potential Impact on the 2024 Election
Trump’s support for cannabis legalization could have significant implications for the 2024 presidential election, particularly if he decides to run again. By aligning himself with a popular issue that enjoys broad bipartisan support, Trump may be able to attract a wider range of voters, including younger and more progressive-leaning individuals who have traditionally been skeptical of Republican candidates.
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Engaging Younger Voters: Younger voters, who are more likely to support cannabis legalization, could be crucial for Trump’s campaign, potentially swaying their votes in his favor.
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Broadening the Republican Base: By embracing cannabis legalization, Trump may be able to broaden the Republican base and attract independent voters who prioritize social justice and economic reform.
Conclusion
Donald Trump’s endorsement of cannabis legalization marks a significant milestone in the ongoing effort to end the criminalization of marijuana in the United States. By acknowledging the negative impact of prohibition on individuals, communities, and taxpayers, and highlighting the potential benefits of legalization, Trump is adding his voice to a growing chorus of advocates who believe that it is time for a new approach to cannabis policy. As the 2024 election cycle approaches, it will be fascinating to observe how Trump’s stance on this issue shapes the political landscape and influences the debate over the future of cannabis in America. With public support at an all-time high and the economic and social benefits becoming increasingly clear, the momentum for cannabis legalization appears poised to continue growing in the years to come.
TRUMP FOR 4 MORE YEARS BUT YOU GET CANNABIS LEGALIZATION, YES OR NO? SEE BELOW!
Cannabis News
What State Just Dropped Below $80 an Ounce for Legal Cannabis? A. Florida B. Michigan C. California D. New York
Published
1 day agoon
September 6, 2024By
admin![](https://theartofmaryjanemedia.com/wp-content/uploads/2024/09/3743_KB7F_cannabispricingdropsMI.jpg)
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?
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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