Cannabis News
Delta-8 THC, HHC, THCP are Legal, Now Illegal, Now Legal, Again
A recent ruling by a federal judge has raised questions within the industry: Has this judge effectively legalized hemp-derived cannabinoids such as HHC, Delta-8 THC, THCa, and THCP flower? In summary, the judge in Arkansas determined that the 2018 Farm Bill holds greater legal authority than a state ban on hemp-derived cannabinoids, potentially setting a precedent for future legal actions in other states.
The U.S. District Judge Billy Roy Wilson, on Thursday, issued a ruling to halt the enforcement of Act 629 of 2023, a law enacted during the 2023 legislative session in Arkansas, which prohibited the sale and production of products containing delta-9, delta-8, and delta-10 THC within the state. The judge deemed the ban on hemp products to be inconsistent and arbitrary.
Act 629 received approval during the 2023 regular session of the state’s General Assembly. This legalization prohibits the production and sale of products containing delta-8, delta-9, delta-10, and other THC isomers derived from hemp. Earlier this year, Arkansas Governor Sarah Huckabee Sanders signed Act 629 into law, effectively banning the sale of “insufficiently regulated hemp-derived products.”
Hemp sellers in the state are currently rejoicing over this development, considering it a victory. According to renowned attorney Rod Knight, this could have far-reaching implications for hemp-related laws across Arkansas and other states.
Four Individuals in Arkansas Filed a Lawsuit.
Earlier this month, four companies filed a lawsuit: Sky Marketing Corp, The Cigarette Store LLC, Drippers Vape Shop LLC, and Bio Gen LLC. These businesses operate at various points along the hemp industry chain, encompassing a manufacturer, wholesaler, distributor, and retailer.
The lawsuit lists several defendants, including Gov. Huckabee Sanders, Attorney General Tim Griffin, the Department of Finance and Administration, the Tobacco Control Board, the Department of Agriculture, the State Plant Board, and the prosecuting attorneys of Arkansas’ 28 judicial circuits.
The legal representatives for these companies have contended that the law in question is unconstitutionally vague and overridden by the 2018 Farm Bill. It appears that their argument is substantiated.
According to a report from the Northwest Arkansas Democrat-Gazette, the complaint states, “Plaintiffs have been, and will be, adversely affected by Act 629 as they are unable to transport hemp-derived cannabinoid products within and through Arkansas, even though these products have been declared legal under federal law.”
Senate Bill 358, which later became Act 629 upon approval and enactment on April 11, criminalized all hemp-derived products created through a synthetic chemical process and any other psychoactive substances derived from them.
Nonetheless, the plaintiffs assert that the 2018 Farm Bill supersedes the Act and argue that its provisions are unconstitutionally unclear, making them null and void. The Court agreed with this stance and issued an injunction to halt the Act’s implementation.
Abtin Mehdizadegan, an attorney representing the plaintiffs, noted that his clients attempted to resolve the issue through non-legal means before the ban was officially signed into law.
According to Mehdizadegan, in their lawsuit, they requested that the Federal Court in the Eastern District of Arkansas issue an injunction against Act 629. This is due to the belief that the Act unconstitutionally restricted the definition of hemp-derived products, which violates the 2018 Farm Bill and improperly constrained the transportation and shipping of these products. Before the bill became law, we engaged in extensive discussions with the defendants during the 2023 legislative session as the bill progressed through the legislative process.
Preempted by the 2018 Farm Bill
In its ruling, the Court reached three specific conclusions: firstly, it determined that the Act is preempted by federal law due to the principle of “conflict preemption.” Secondly, it found that the Act is preempted by federal law under the principle of “express preemption.” And thirdly, it declared that the Act is unconstitutionally vague and, therefore, null and void.
Attorney Rod Knight elucidated that the Court’s first two findings are grounded in the legal doctrine of preemption. As the Court articulated, “the federal preemption doctrine originates from the Constitution’s Supremacy Clause, which asserts that laws of the United States created by the Constitution hold superior authority. State laws that hinder or contradict congressional laws established under the Constitution are deemed invalid or subject to preemption.”
In this case, the Court identified two relevant forms of preemption: “conflict preemption” and “express preemption.” Although these concepts yield similar outcomes, they are grounded in distinct legal foundations. However, the Court’s third determination stems from a separate legal doctrine known as “void for vagueness,” as established under the due process clause of the Constitution.
In May of last year, Arkansas, joining the ranks of states with legalized cannabis industries, either regulated or prohibited the sale of intoxicating hemp-derived products. These products have been available for purchase since the 2018 Farm Bill, which legalized hemp production nationwide. Arkansas incorporated this federal legislation into its legal framework by adopting the Industrial Hemp Act 565.
According to the local news outlet KTHV, the trial for this case is scheduled to commence on August 27, 2024.
Conclusion
The recent ruling by U.S. District Judge Billy Roy Wilson in Arkansas has sent ripples through the hemp industry, sparking discussions about the legality of hemp-derived cannabinoids such as HHC, delta-8 THC, THCa, and THCP flower. Judge Wilson’s decision to halt the enforcement of Act 629 of 2023, a state law banning certain hemp products, has raised questions about the supremacy of federal law over state regulations.
This ruling, rooted in the principles of “conflict preemption” and “express preemption,” highlights the authority of the 2018 Farm Bill in governing hemp-related matters. By finding Act 629 inconsistent with federal law and declaring it unconstitutionally vague, the Court has set a precedent that could influence similar legal actions in other states.
The lawsuit brought forward by hemp industry businesses underscores the importance of legal clarity and the need to align state regulations with federal legislation. As the trial for this case approaches in 2024 and with the prospect of potential revisions to the Farm Bill, the future of hemp-derived cannabinoids remains uncertain, and the industry will be closely watching for further developments.
THE US GOVERNMENT ON DELTA-8, READ ON…
“How Long Does One Puff of Weed Stay in Your System?”… This topic can be difficult to answer since it is dependent on elements such as the size of the hit and what constitutes a “one hit.” If you take a large bong pull then cough, it might linger in your system for 5-7 days. A moderate dose from a joint can last 3-5 days, whereas a few hits from a vaporizer may last 1-3 days.
The length of time that marijuana stays in the body varies based on a number of factors, including metabolism, THC levels, frequency of use, and hydration.
Delta-9-tetrahydrocannabinol, or THC, is the primary psychoactive component of cannabis. THC and its metabolites, which remain in your body long after the effects have subsided, are detected by drug tests.
Since these metabolites are fat-soluble, they cling to bodily fat molecules. They could thus take a while to fully pass through your system, particularly if your body fat percentage is higher.
THC is absorbed by tissues and organs (including the brain, heart, and fat) and converted by the liver into chemicals such as 11-hydroxy-THC and carboxy-THC. Cannabis is eliminated in feces at a rate of around 65%, while urine accounts for 20%. The leftover amount might be kept within the body.
THC deposited in bodily tissues ultimately re-enters the circulation and is processed by the liver. For frequent users, THC accumulates in fatty tissues quicker than it can be removed, thus it may be detectable in drug tests for days or weeks following consumption.
The detection time varies according to the amount and frequency of cannabis usage. Higher dosages and regular usage result in longer detection times.
The type of drug test also affects detection windows. Blood and saliva tests typically detect cannabis metabolites for shorter periods, while urine and hair samples can reveal use for weeks or even months. In some cases, hair tests have detected cannabis use over 90 days after consumption.
Detection Windows for Various Cannabis Drug Tests
Urine Tests
Among all drug tests, urine testing is the most commonly used method for screening for drug use in an individual.
Detection times vary, but a 2017 review suggests the following windows for cannabis in urine after last use:
– Single-use (e.g., one joint): up to 3 days
– Moderate use (around 4 times a week): 5–7 days
– Chronic use (daily): 10–15 days
– Chronic heavy use (multiple times daily): over 30 days
Blood Tests
Blood tests generally detect recent cannabis use, typically within 2–12 hours after consumption. However, in cases of heavy use, cannabis has been detected up to 30 days later. Chronic heavy use can extend the detection period in the bloodstream.
Saliva Tests
THC can enter saliva through secondhand cannabis smoke, but THC metabolites are only present if you’ve personally smoked or ingested cannabis.
Saliva testing has a short detection window and can sometimes identify cannabis use on the same day. A 2020 review found that THC was detectable in the saliva of frequent users for up to 72 hours after use, and it may remain in saliva longer than in blood following recent use.
In areas where cannabis is illegal, saliva testing is often used for roadside screenings.
Hair Tests
Hair follicle tests can detect cannabis use for up to 90 days. After use, cannabinoids reach the hair follicles through small blood vessels and from sebum and sweat surrounding the hair.
Hair grows at approximately 0.5 inches per month, so a 1.5-inch segment of hair close to the scalp can reveal cannabis use over the past three months.
Factors Affecting THC and Metabolite Retention
The length of time THC and its metabolites stay in your system depends on various factors. Some, like body mass index (BMI) and metabolic rate, relate to individual body processing, not the drug itself.
Other factors are specific to cannabis use, including:
– Dosage: How much you consume
– Frequency: How often you use cannabis
– Method of consumption: Smoking, dabbing, edibles, or sublingual
– THC potency: Higher potency can extend detection time
Higher doses and more frequent use generally extend THC retention. Cannabis consumed orally may remain in the system slightly longer than smoked cannabis, and stronger cannabis strains, higher in THC, may also stay detectable for a longer period.
How Quickly Do the Effects of Cannabis Set In?
When smoking cannabis, effects appear almost immediately, while ingested cannabis may take 1–3 hours to peak.
The psychoactive component THC produces a “high” with common effects such as:
– Altered senses, including perception of time
– Mood changes
– Difficulty with thinking and problem-solving
– Impaired memory
Other short-term effects can include:
– Anxiety and confusion
– Decreased coordination
– Dry mouth and eyes
– Nausea or lightheadedness
– Trouble focusing
– Increased appetite
– Rapid heart rate
– Restlessness and sleepiness
In rare cases, high doses may lead to hallucinations, delusions, or acute psychosis.
Regular cannabis use may have additional mental and physical effects. While research is ongoing, cannabis use may increase the risk of:
– Cognitive issues like memory loss
– Cardiovascular problems including heart disease and stroke
– Respiratory illnesses such as bronchitis or lung infections
– Mood disorders like depression and anxiety
Cannabis use during pregnancy can negatively impact fetal growth and development.
Duration of Effects
Short-term effects generally taper off within 1–3 hours, but for chronic users, some long-term effects may last days, weeks, or even months. Certain effects may even be permanent.
Bottom Line
The amount of time that cannabis remains in your system following a single use varies greatly depending on individual characteristics such as body fat, metabolism, frequency of use, and mode of intake. Frequent users may maintain traces of THC for weeks, whereas infrequent users may test positive for as little as a few days. Hair tests can disclose usage for up to 90 days, while blood and saliva tests identify more recent use. Urine tests are the most popular and have varying detection durations. The duration that THC and its metabolites are detectable will ultimately depend on a number of factors, including dose, strength, and individual body chemistry.
PEE IN A CUP COMING UP, READ ON..
Is kratom addictive? Discover the potential for dependence on Kratom, the risks involved with its use, and how to approach its consumption responsibly.
From 2011 to 2017, over 1,800 calls to poison centers involved kratom in the U.S. This significant number highlights the concern regarding kratom addiction.
However, without Food and Drug Administration (FDA) oversight, and due to various consumption methods like teas and capsules, there are significant health risks. Safe use of kratom is now in question due to these issues.
Research debates how dependence develops, outlining signs like loss of control and withdrawal symptoms. These signs are seen in regular kratom users. Ironically, some people switch from drugs like heroin to kratom, looking for a legal alternative.
Understanding Kratom: Origins and Prevalence
Kratom comes from the Mitragyna speciosa tree in Southeast Asia. It can act like a stimulant or like opioids, based on how much you take. People use it in different ways, for a small energy boost or stronger effects at higher doses.
The legal status of kratom in the U.S. is complicated and changing. It’s a hot topic because some worry about its misuse. It’s still legal in several states. This shows how different places handle drug rules. The National Institute on Drug Abuse is looking into its medical benefits. But, the FDA hasn’t approved it for medical use yet. The DEA calls it a “drug of concern,” which means policies might change.
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From 2011 to 2017, poison control centers in the U.S. got over 1,800 reports about kratom. This shows it’s widely used and might pose health risks.
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Kratom’s main ingredients bind to opioid receptors very strongly, stronger than morphine even. This fact is key to understanding its effects.
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As more people use kratom, more are reporting serious health problems. These include liver and heart issues, and tough withdrawal symptoms, particularly in those already sick.
The statistics show mounting worries about kratom in the U.S. As its use grows, it’s becoming more important to health policies and laws. What happens next will depend on further research and legal decisions.
Is Kratom Addictive: Investigating the Substance’s Nature
The question of kratom’s addictiveness focuses on how it affects brain receptors and its long-term health implications. The ongoing debate highlights concerns about dependence and the risk of addiction. Scientists are closely looking at these issues.
How Kratom Works in the Brain
Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, bind to the brain’s opioid receptors, similar to painkillers and narcotics. This connection suggests a potential risk of dependence. These alkaloids are key to kratom’s pain relief but also point to possible addiction concerns, especially with frequent, high-dose usage.
Patterns and Consequences of Long-term Use
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Using kratom often, especially in large doses, can increase the risk of dependence and intense withdrawal symptoms, similar to opioid withdrawal.
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Although some use it for pain or to improve mood, long-term kratom users might see serious health problems, like liver damage and mental health issues.
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Withdrawal symptoms, including irritability, nausea, and sleep problems, show kratom’s impact on one’s physical and mental health.
Assessment of Addiction Risks
Studies indicate a significant risk of addiction to kratom, especially with high doses or frequent use. Dependence develops as the body gets used to kratom, leading to tolerance and a need for more to feel its effects. Withdrawal symptoms emphasize this risk, as highlighted by health experts.
Physiological Effects: Kratom’s Impact on the Body
There is a lot of debate about the safety and use of kratom. This herbal extract comes from the Mitragyna speciosa plant. It has drawn attention for its possible harmful effects on the body. The FDA has issued many warnings about kratom, raising safety concerns.
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Kratom Adverse Effects: Kratom users have reported side effects like nausea, vomiting, and confusion. More serious issues include high blood pressure and liver damage. These problems highlight the risks of using kratom.
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Herbal Extract Safety: Some kratom products contain heavy metals and pathogens. These can cause severe health issues, including death. This shows the importance of safety in herbal products.
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FDA Warnings and Regulations: The FDA has linked kratom to over 35 deaths and warns against using it. They point out the lack of medical uses and the risk of addiction.
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Physiological Impact: Kratom’s effects depend on the dose and the user’s body. Yet, it can lead to dangerous outcomes like liver damage and seizures.
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Safety Concerns from Authorities: Federal agencies like the DEA are worried about kratom’s safety. Although not a controlled substance, monitoring suggests users should be careful.
Kratom might offer temporary relief for some ailments, but it comes with significant risks. The FDA’s warnings should make people think twice. If considering kratom, it’s crucial to talk to a doctor first. Experts stress the need for safety and caution with herbal extracts.
Conclusion
Kratom’s role in health and regulation is complex, with views and research findings widely varied. Some people use kratom for its claimed health benefits, but it’s a hot topic. Experts advise caution and suggest consulting a doctor before using kratom due to the unclear effects.
Clinical studies using scores like SOWS and COWS haven’t confirmed withdrawal symptoms from kratom. This adds to the debate, especially when some users report withdrawal. This makes kratom a controversial subject among different findings and user experiences.
When it comes to treating opioid addiction, kratom can be both helpful and harmful. Some have used it successfully to fight addiction. Yet, some states have banned it. This highlights the need for regulations and consistent product quality. It also raises questions about kratom’s legal status due to mixed actions by authorities.
The situation shows how complex kratom is in the realm of substance use and law. Without clear evidence supporting either its benefits or risks, it poses a challenge. More research is needed to guide regulations and health advice. For now, anyone thinking of using kratom should be careful, seek medical advice, and keep up with laws and health guidelines.
WHAT IS KRATOM ANYWAY? READ ON…
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