Cannabis News
Exploring the 5 Negative Stereotypes about Marijuana Created by DARE in the 1980s
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7 months agoon
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Exploring Five Negative Stereotypes of Marijuana
Stereotypes serve as a cognitive shortcut, allowing people to make rapid judgments based on limited information. While they can sometimes offer a grain of truth, more often than not, stereotypes oversimplify complex human behaviors and characteristics. In the realm of cannabis, stereotypes have played a significant role in shaping public opinion and policy, often weaponized by entities such as the state to further agendas of prohibition and control.
One of the most prominent examples of this weaponization is the D.A.R.E. (Drug Abuse Resistance Education) program, which emerged in the 1980s as a part of the broader “War on Drugs.” D.A.R.E. aimed to educate young people about the supposed dangers of drug use, including cannabis, but in doing so, it often relied on exaggerated and misleading portrayals of drug users. Cannabis consumers were depicted as lazy, unambitious, or even criminal, images that were designed to instill fear rather than foster understanding. These caricatures were not just harmless exaggerations; they played a pivotal role in justifying strict drug laws and harsh penalties for cannabis possession and use.
It’s crucial to acknowledge that some stereotypes about cannabis users contain a kernel of truth. Many stoners can attest to experiencing “munchies” or enjoying periods of relaxation and introspection that could be construed as laziness by outsiders. However, the effects of cannabis are diverse and subjective, and while a small minority of users may embody these stereotypes, the vast majority of cannabis consumers are as nuanced and unique as any other group.
Today, the demographic landscape of cannabis use has changed dramatically. Cannabis consumers span a broad spectrum of society, including professionals, creatives, and medical patients, challenging the outdated stereotypes that have long defined them. However, the legacy of these caricatures persists, continuing to influence perceptions and policies around cannabis.
To change the global perception of cannabis users, it’s essential to promote education and dialogue that highlights the diversity and complexity of cannabis culture. By showcasing the wide range of individuals who benefit from cannabis, whether for medical, recreational, or spiritual reasons, we can dismantle the stereotypes that have been weaponized against the community and pave the way for more informed and compassionate policies.
The “Lazy Stoner” stereotype paints cannabis users as lethargic, unintelligent, and devoid of ambition. This caricature typically features individuals sprawled on couches, surrounded by snacks, seemingly stuck in a perpetual state of inactivity and disinterest in societal contributions. At its core, this stereotype stems from the idea that cannabis consumption leads directly to a lack of motivation, equating recreational or medicinal use with an inability to achieve or contribute meaningfully to society.
In a capitalist framework, where productivity and constant activity are often equated with worth and morality, being labeled “lazy” is not just an observation; it’s a judgment. It implies that the individual is a drain on resources, someone whose lack of contribution necessitates extra effort from others. Thus, propagating the idea that cannabis induces laziness serves as a powerful tool to justify prohibition. It suggests that preventing cannabis use is not only about controlling an individual’s actions but also about protecting the collective work ethic and productivity of society.
However, this stereotype does not hold up under scrutiny. Far from the unmotivated slackers they’re painted as, cannabis users are often among the most hardworking and resilient individuals. Studies have shown that, on average, they take fewer sick days, exhibit a lower body mass index (BMI), engage in more physical activity, and can handle stressors more effectively than their non-using counterparts. Emerging research even suggests that cannabis may enhance empathy, further debunking the notion that users are disconnected or unengaged.
The label of “laziness” applied to cannabis users fails to recognize the plant’s diverse impacts on cognition and health. Cannabis affects individuals differently, enhancing some users’ lives significantly. While some people might use cannabis as an excuse for inactivity, for many, it’s a tool for wellness and productivity, challenging the stereotype of the “Lazy Stoner” as an outdated and unjustified cliché.
The “Munchie Monster” stereotype is one deeply rooted in cannabis culture, often portrayed with a mix of humor and slight derision. It describes the seemingly uncontrollable urge to snack voraciously, particularly on unhealthy foods, after consuming cannabis. This stereotype paints a picture of indulgence, excess, and a lack of self-control, feeding into broader negative perceptions of irresponsibility and hedonism.
Within a society that often values restraint and health-consciousness, the Munchie Monster can be seen as the antithesis of these ideals. It embodies the fear that cannabis use might not only alter one’s state of mind but also erode the willpower necessary to make healthy lifestyle choices. As a result, this stereotype can be weaponized to support prohibitionist narratives, suggesting that cannabis users are unable to govern their appetites and, by extension, their lives.
However, this stereotype fails to capture the complex reality of cannabis and its effects on appetite. While it’s true that certain cannabinoids can increase hunger signals in the brain, not all cannabis consumption leads to the munchies. Moreover, the type of food one craves can be influenced by individual preferences, habits, and awareness of health. Many cannabis users report craving and preparing nutritious foods like fruit smoothies or wholesome salads, contradicting the idea that munchies only involve junk food.
The munchies can also have positive implications, particularly for those who struggle with appetite due to medical treatments like chemotherapy. For these individuals, the munchie effect of cannabis acts as a crucial mechanism to maintain proper nutrition and body weight during challenging times.
In this light, the Munchie Monster stereotype is not just an unfair and oversimplified portrayal; it’s a perspective that lacks empathy and understanding of the medicinal benefits that cannabis can offer. It’s a narrative ripe for reevaluation, as we continue to understand more about cannabis and its place in our society.
In the lexicon of stoner stereotypes, the “Perpetual Teen” stands out as a particularly poignant cultural caricature. It paints the picture of an adult whose lifestyle choices, behaviors, and interests have seemingly arrested in the halcyon days of adolescence. This stereotype draws on imagery of immaturity, an aversion to commitment, and an implied naivety due to a lack of worldly experience, suggesting a life led in perpetual pursuit of leisure and pleasure, akin to that of a carefree teenager.
The Perpetual Teen is often portrayed as one who shirks responsibilities in favor of video games, skateboarding, or other activities traditionally associated with teenage culture. This stereotype aligns with a societal script that dictates a renouncement of such pastimes upon crossing the threshold into “adulthood.” To wear this label is to be seen as not quite fully formed, an individual whose opinions and rights are subtly deemed less weighty.
However, there’s a significant flaw in this reasoning. Personal freedom includes the right to choose one’s form of recreation and self-expression, regardless of age. If one can balance responsibilities and personal enjoyment, who is to say they must forsake all play for work? The stereotype of the Perpetual Teen starkly contrasts with the “mature adult” archetype, yet it fails to account for the diversity of adult life and the nuanced ways individuals find fulfillment.
In truth, many cannabis users embody the antithesis of this stereotype. They are responsible, hardworking, and successful, with families and careers that flourish alongside their cannabis use. My personal experience corroborates this; the Perpetual Teen stoner is a character I’ve yet to encounter in reality. Cannabis users are as varied as any demographic, with many breaking the mold entirely.
The “Paranoid Pothead” is a stereotype that has woven itself into the fabric of cannabis culture, casting a shadow of doubt and suspicion around the consumption of the herb. The image conjured is one of a user gripped by fear and anxiety, overly suspicious and jumping at shadows, often comically overreacting to benign situations. This stereotype plays into the narrative that cannabis inherently leads to heightened paranoia, suggesting a loss of rational control and a descent into irrational fear.
Indeed, some individuals may experience an increase in paranoia when consuming cannabis, often as a result of heightened sensory perception and altered thought processes. However, it’s crucial to note that this reaction varies widely among users, with many reporting a decrease in paranoia and an increase in relaxation and peace of mind after using cannabis.
Previously, the risk of legal repercussions played a significant role in fostering a sense of paranoia among cannabis users. The constant threat of arrest, coupled with aggressive government campaigns against cannabis use, made the fear of being caught a very real and rational concern. This state-induced paranoia was not a byproduct of the plant itself, but a response to an environment of criminalization and stigmatization.
As cannabis laws relax and societal acceptance grows, the stereotype of the Paranoid Pothead is becoming less relevant. Many users now consume cannabis without the looming fear of legal consequences, leading to a more relaxed and enjoyable experience. The stereotype fails to hold up in a world where cannabis is increasingly viewed as a staple part of society, and the once-common paranoia is now a relic of prohibition’s past.
Paranoia, when it does occur, should be seen as a potential side effect, not a defining characteristic of cannabis users. It is a complex interplay between the plant’s chemistry, individual psychology, and the external environment. Recognizing this nuance is key to dismantling the stereotype and appreciating the varied experiences of cannabis consumers.
The “Hippie Stoner” stereotype is one of the most enduring images within the cannabis culture tapestry, tracing its roots back to the 1960s counterculture movement. This stereotype is emblematic of peace, love, and a laid-back lifestyle, often associated with long hair, tie-dye apparel, and a free-spirited approach to life. The Hippie Stoner is portrayed as a figure deeply connected with nature, an advocate for social change, and a vocal opponent of establishment politics.
This image represents a time when the identity of the cannabis user was inextricably linked to the broader societal push against conventional norms and the search for greater meaning beyond material success. However, the Hippie Stoner also faces criticism for perpetuating the idea of perpetual adolescence, an unwillingness to ‘grow up’ and accept the responsibilities and commitments that come with adulthood.
Yet, it’s a stereotype that overlooks the individual’s right to self-identity and the joy in maintaining passions that inspire regardless of age. The ego, indeed, seeks to define itself through various molds and labels, and the Hippie Stoner becomes just one of many identities that an individual may adopt. But to reduce a person to a single aspect of their being is to ignore the multifaceted nature of the human experience.
The Hippie Stoner archetype is fading as the original generation ages, and newer, more nuanced identities emerge. Today’s cannabis enthusiasts are often more akin to “hipsters” than the hippies of yore. As such, those who still embody the classic Hippie Stoner persona are rarer, making them almost a cultural treasure—a reminder of a pivotal era in the history of cannabis.
In the end, what truly matters is not the stereotype, but the substance of one’s character. If one fulfills their duties and achieves their goals, their choice of lifestyle or leisure should be respected. The Hippie Stoner stereotype, much like others, fails to encompass the complexity and diversity of cannabis users, many of whom have shattered these dated molds to show that cannabis use is but one thread in the rich tapestry of their lives.
Stereotypes can be self-fulfilling prophecies, a psychological phenomenon known as the Pygmalion effect, where individuals unconsciously conform to the expectations and labels imposed upon them. This effect not only limits personal growth but also perpetuates societal norms that may be outdated or biased. It’s time to move beyond the simplistic categorization of people based on superficial traits or behaviors.
In an age that champions individuality and personal expression, it’s crucial to evaluate people on their own merits rather than the stereotypes they might superficially represent. Embracing nuance means acknowledging the multifaceted nature of human identity, where one can enjoy cannabis without embodying the clichés of a stoner. By dismantling our internalized stereotypes, we open ourselves to a more diverse and inclusive perspective, appreciating each person’s unique contributions to society. Let’s commit to seeing beyond the archetype, fostering an environment where everyone is free to define their own existence without the confines of labels.
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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
admin![](https://theartofmaryjanemedia.com/wp-content/uploads/2024/09/3743_BRmv_harristrumponmarijuana.jpg)
“Don’t Believe the Hype” – Public Enemy
In a surprising move, former President Donald Trump has publicly endorsed the legalization of cannabis, arguing that the criminalization of marijuana “ruins lives” and “wastes taxpayer dollars.” Speaking at a rally in Florida, Trump expressed confidence that voters will support a marijuana legalization initiative on the November ballot, stating, “I really believe it’s the right thing to do.”
Trump’s comments come at a time when public support for cannabis legalization is at an all-time high, with recent surveys indicating that approximately 78% of American adults favor legalization. The economic implications of this shift are significant, with the cannabis industry currently employing around 500,000 people and generating $29 billion in sales last year, a figure projected to rise to $37 billion by 2027.
The Harris camp immediately accussed the Trump camp of a “brazen flip-flop” on marijuana legalization just before the election in order ot try and lure swing voters. Based on Trump’s past presidency and his work with Attorney General Sessions during his first term, he is certainly no fan of marijuana, marijuana legalization, or was in any rush to support states that establisted legal, medical cannabis programs. As they say in life, “watch what someone does, not what they say 60 days before an election”, Trump had his chance as Commander-In-Chef and put the marijuana movement back 5 steps when he was in office.
This certainly smells fishy from the start based on his track record on drugs, alcohol, and marijuana legalization. Remember, he actually took steps in his Presidency to shut the marijuana movement down in America according to the New York Times.
Harris, on the other hand, claims to be for rescheduling cannabis and even legalizatio,n and a large clemency program. While she has been Vice-President for 4 years and legalization has not happened, her boss, President Biden, is no fan of drugs and has been on a founding memeber of the “War on Drugs” for over 40 years in office. So no, Harris has not “had her chance” the way Trump has had his chance as the actual President. As many know, the Vice-President’s roll in some instances is more for show and to take tours and visits the president does not have time or want to to do.
Harris has a “yet to be determined, yet things look good” on her marijuana legalization report card.
As MJBIZ covered in their artice on who would be better for marijuana reform going forward..
During a relatively quiet few years as vice president, Harris stumped for Biden’s generational advances in marijuana reform.
She was out front on the Biden administration’s pardons for former federal marijuana offenders as well as the October 2022 executive order that culminated in the Justice Department’s proposal this spring to move marijuana from Schedule 1 to Schedule 3 of the Controlled Substances Act.
“She’s actually gone further than (Biden),” said Bryan Barash, vice president of external affairs and deputy general counsel at Dutchie, an Oregon-based online cannabis sales platform.
“She’s said, ‘We can’t stop until there’s full legalization,’ which he has never said.”
In other words, Harris has the best record on marijuana reform of any major presidential candidate, including Biden.
Economic Implications of Legalization
The economic implications of cannabis legalization are substantial. The cannabis industry has rapidly evolved into a multi-billion dollar market, employing around 500,000 people and generating $29 billion in sales in the past year alone. Projections indicate that this figure could rise to $37 billion by 2027, highlighting the potential for job creation and economic growth in states that choose to legalize cannabis.
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Job creation: Legalizing cannabis could create thousands of jobs across various sectors, significantly boosting the economy. In agriculture, the cultivation of cannabis will require a workforce for planting, harvesting, and processing. The retail sector will also expand, as dispensaries will need staff for sales and management roles. Additionally, manufacturing jobs will emerge to produce cannabis-infused products, such as edibles and oils. Overall, legalization can lead to substantial job creation in agriculture, retail, and manufacturing, benefiting local communities and economies.
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Tax Revenue: Legalizing cannabis could create thousands of jobs across various sectors, providing a significant boost to the economy. In agriculture, the cultivation of cannabis will require workers for planting and harvesting. The retail sector will also expand, as dispensaries will need staff for sales and management roles. Additionally, manufacturing jobs will emerge to produce cannabis-infused products like edibles and oils. Overall, legalization can lead to substantial job creation, benefiting local communities and economies.
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Economic Growth: A legal cannabis market has the potential to stimulate economic growth, especially in economically disadvantaged areas. By establishing regulated cannabis businesses, communities can attract investment and create new revenue streams, leading to job creation and increased local spending. This influx of economic activity can revitalize struggling neighborhoods, providing opportunities for entrepreneurship and supporting ancillary businesses, such as suppliers and service providers. Additionally, the tax revenue generated from cannabis sales can be reinvested into public services, infrastructure, and community development projects, further enhancing the overall economic landscape. Ultimately, legalizing cannabis can serve as a catalyst for sustainable growth and revitalization in areas that need it most
Health Benefits and Opioid Reduction
Trump also emphasized the health advantages of legal cannabis, particularly its potential role in managing chronic pain and reducing reliance on opioids. This point is especially relevant given the ongoing opioid epidemic, which has claimed hundreds of thousands of lives in recent years.
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Mental Health Benefits: Emerging research suggests that cannabis may also have therapeutic benefits for mental health conditions, such as anxiety and depression, further supporting its legalization.
Disproportionate Impact on Communities of Color
Trump’s advocacy for cannabis legalization also reflects a growing awareness of the disproportionate impact of cannabis criminalization on communities of color. Over 40,000 individuals remain incarcerated for non-violent cannabis offenses, with Black and Hispanic individuals being significantly more likely to face prosecution and harsher sentences for cannabis-related crimes.
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Social Equity Programs: Many states that have legalized cannabis have implemented social equity programs aimed at helping communities disproportionately affected by the War on Drugs, providing opportunities for entrepreneurship and economic participation in the legal cannabis market.
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Expungement of Records: Legalization efforts often include provisions for expunging the records of individuals previously convicted of non-violent cannabis offenses, allowing them to reintegrate into society without the stigma of a criminal record.
Shifting Political Landscape
Trump’s endorsement of cannabis legalization represents a significant shift in the political discourse surrounding the issue. Historically, the Republican Party has been more resistant to legalization efforts, with many conservatives expressing concerns about the potential for increased drug use and public safety risks. However, as public opinion has shifted and the economic and social benefits of legalization have become more apparent, some Republican leaders have begun to reconsider their stance.
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Influence of State-Level Legalization: The success of state-level legalization efforts has provided a blueprint for national policy changes, demonstrating that cannabis can be regulated effectively without compromising public safety.
Potential Impact on the 2024 Election
Trump’s support for cannabis legalization could have significant implications for the 2024 presidential election, particularly if he decides to run again. By aligning himself with a popular issue that enjoys broad bipartisan support, Trump may be able to attract a wider range of voters, including younger and more progressive-leaning individuals who have traditionally been skeptical of Republican candidates.
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Engaging Younger Voters: Younger voters, who are more likely to support cannabis legalization, could be crucial for Trump’s campaign, potentially swaying their votes in his favor.
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Broadening the Republican Base: By embracing cannabis legalization, Trump may be able to broaden the Republican base and attract independent voters who prioritize social justice and economic reform.
Conclusion
Donald Trump’s endorsement of cannabis legalization marks a significant milestone in the ongoing effort to end the criminalization of marijuana in the United States. By acknowledging the negative impact of prohibition on individuals, communities, and taxpayers, and highlighting the potential benefits of legalization, Trump is adding his voice to a growing chorus of advocates who believe that it is time for a new approach to cannabis policy. As the 2024 election cycle approaches, it will be fascinating to observe how Trump’s stance on this issue shapes the political landscape and influences the debate over the future of cannabis in America. With public support at an all-time high and the economic and social benefits becoming increasingly clear, the momentum for cannabis legalization appears poised to continue growing in the years to come.
TRUMP FOR 4 MORE YEARS BUT YOU GET CANNABIS LEGALIZATION, YES OR NO? SEE BELOW!
Cannabis News
What State Just Dropped Below $80 an Ounce for Legal Cannabis? A. Florida B. Michigan C. California D. New York
Published
1 day agoon
September 6, 2024By
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In a significant development for Michigan’s cannabis industry, retail prices have fallen below $80 per ounce as of September 4, 2024. This historic milestone, reflecting a nearly 14.5% decline from the previous year, signals a major shift in market dynamics.
The price drop is driven by increased competition among licensed dispensaries, a growing supply of cannabis products, and the maturation of the market since the legalization of recreational use in 2018. More dispensaries and cultivation facilities have led to competitive pricing and greater product availability, making cannabis more affordable for consumers and potentially boosting legal sales.
As a leader in the Midwest’s cannabis landscape, Michigan’s regulatory framework supports both medical and recreational markets, generating significant tax revenue and job opportunities. As the industry evolves, stakeholders must navigate challenges and capitalize on emerging opportunities.
Factors Behind the Price Drop
The surge in the number of licensed dispensaries in Michigan since the legalization of recreational cannabis in 2018, coupled with the expansion of cultivation facilities, has led to a significant increase in the supply and availability of cannabis products. With more dispensaries offering a wider variety of choices for consumers, the market has become increasingly competitive, with retailers employing pricing strategies to attract customers. This growth in the number of dispensaries and cultivation facilities has enabled dispensaries to offer lower prices to consumers, making cannabis more accessible and affordable.
As the cannabis market matures, both producers and retailers have optimized their operations, leading to reduced costs that are often passed on to consumers. Enhanced cultivation techniques and economies of scale have played a crucial role in lowering production expenses, allowing businesses to improve efficiency and increase output. This combination of operational optimization and cost reduction not only benefits producers and retailers but also makes cannabis products more affordable and accessible for consumers, fostering a healthier and more competitive market environment.
The market has become oversaturated with cannabis products, particularly following significant outdoor harvests. This oversupply has led to a decrease in prices as producers and retailers compete to sell excess inventory.
Michigan currently has no statewide cap on the number of cannabis business licenses, resulting in explosive growth in both supply and demand. This unrestricted licensing has intensified competition among businesses, driving prices downward as they vie for market share.
Implications for Consumers and the Industry
The recent drop in cannabis prices has made the product more affordable for a broader segment of the population, enabling consumers to access quality cannabis without financial strain. This increased affordability not only allows more individuals to enjoy legal cannabis but also promotes responsible use and consumption, as people are more likely to make informed choices when quality products are within reach. By removing financial barriers, the industry is fostering a healthier relationship with cannabis among consumers, contributing to a more informed and responsible market.
The potential boost in sales volume is another significant implication of the lower cannabis prices in Michigan. As the cost of cannabis becomes more affordable, more consumers are likely to enter the market, leading to an increase in overall sales. Dispensaries may experience higher foot traffic as a result of this increased interest in cannabis products, directly benefiting from the lower prices. This influx of new consumers and higher sales volume could further solidify the industry’s growth and sustainability in the state, as businesses capitalize on the greater demand for their products.
The competitive pricing of legal cannabis products in Michigan has the potential to curb illegal sales by making regulated options more attractive to consumers. As the cost of legal cannabis becomes more affordable and accessible, individuals may be more inclined to purchase from licensed dispensaries rather than the black market. This shift towards regulated products not only supports the legal industry but also enhances public safety and quality assurance. By choosing legal cannabis, consumers can be confident in the safety, purity, and potency of the products they purchase, reducing the risks associated with unregulated, illicit markets. As more consumers opt for legal cannabis due to the competitive pricing, the state can expect to see a decline in illegal sales and an improvement in overall public health and safety.
Michigan’s Cannabis Landscape
Since the legalization of recreational cannabis in Michigan, the state has become a pioneer in cannabis reform within the Midwest. With a comprehensive regulatory framework in place, Michigan supports both medical and recreational markets, fostering a thriving industry that has generated significant tax revenue and job opportunities.
The cannabis industry in Michigan has significantly contributed millions in tax revenue, which is allocated to vital areas such as education, infrastructure, and public health initiatives. Additionally, the industry’s growth has led to job creation across cultivation, distribution, and retail sectors, providing numerous employment opportunities for residents. This dual impact not only supports the state’s economy but also enhances community well-being through improved public services and increased job availability.-
As cannabis prices continue to decrease in Michigan, making the products more accessible to a wider consumer base, there is a growing need for comprehensive consumer education. Dispensaries are increasingly taking on the responsibility of educating their customers on responsible use, product selection, and the effects of various cannabis strains. By offering workshops and informational resources, dispensaries aim to help consumers make informed choices and develop a deeper understanding of the products they consume. This proactive approach to consumer education not only promotes responsible use but also fosters a more informed and engaged cannabis community in the state.
Conclusion
The decline in cannabis prices to below $80 per ounce is a significant development for Michigan, highlighting the success of Its regulatory framework and the positive impact on consumers. As the market matures, stakeholders will need to remain vigilant in addressing challenges while capitalizing on the opportunities presented by this dynamic industry.
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Cannabis News
Loper Comes for the DEA. Will it Matter, Though?
Published
1 day agoon
September 6, 2024By
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Earlier this week, the federal Fourth Circuit Court of Appeals, in a case entitled Anderson v. Diamondback Investment Group, LLC, handed the DEA a big loss when it comes to hemp – at least for now. In Anderson, the court held that DEA’s interpretation that a host of hemp-derived products were illegal was essentially wrong. Today I want to talk about why Anderson is – and isn’t really – important.
Anderson, as I wrote more than a month ago, was based in relevant part on Loper Bright Enterprises v. Raimondo, a 2024 US Supreme Court decision. Here’s what I said then:
Loper ended what’s often referred to as “Chevron deference.” To vastly oversimplify, Chevron deference required federal courts to defer to reasonable agency interpretations of ambiguous statutes, even if courts did not agree with those interpretations. With Chevron dead, courts will not be required to defer to agencies and courts can decide, on their own, whether an agency’s interpretation was within its statutory authority.
Ever since Loper was decided, there have been a million different theories on how it could affect the cannabis and hemp industries. [For the record, I agree with folks like Shane Pennington who argue that Loper will not affect rescheduling.]
When it comes to hemp though, Loper may in theory have more of an impact, as my colleague, Vince Sliwoski, argued prior to Loper‘s publication. That’s because the DEA routinely issues what amount to opinion letters as to whether this or that cannabinoid is or is not a schedule I narcotic. Under Loper, if there were any statutory ambiguity, the DEA’s interpretation would no longer be given deference. That’s not to say that the DEA might not prevail, but it means the deck would be less stacked in DEA’s favor.
And that is essentially what happened in Anderson. Without getting into the factual weeds of the case, an employee had been terminated after drug tests allegedly showed marijuana use. She sued, in part claiming that she used legal hemp-derived products. The court ultimately held that she had failed to provide they were legal because she did not introduce sufficient evidence that the hemp products had less than 0.3% delta-9 THC.
However, for purposes of this post, the important part of the Anderson decision was its discussion of the 2018 Farm Bill and DEA’s interpretations of the legality of various cannabinoids under that law. One specific cannabinoid that the court analyzed was THC-O, which does not occur naturally but is created from hemp derivatives.
For years, there has been a heated debate as to whether hemp-derived products like delta-8 THC are considered “hemp” under the 2018 Farm Bill. The debate centers around whether these products are “synthetic” because they are derived from other cannabinoids. This is important because DEA considers synthetic cannabinoids to be controlled substances.
A few years ago, in AK Futures LLC v. Boyd Street Distro, LLC, the Ninth Circuit Court of Appeals addressed the issue (albeit in a much different context), and held that delta-8 THC products derived from hemp with less than 0.3% THC were legal under the 2018 Farm Bill.
Importantly, Anderson found AK Futures persuasive, holding:
“we think the Ninth Circuit’s interpretation of the 2018 Farm Act is the better of the two. And we’re free to make that determination ourselves, despite a contrary interpretation from the DEA, because we agree with the Ninth Circuit that [the 2018 Farm Bill’s definition of hemp] is unambiguous . . ., and because even if it were ambiguous, we needn’t defer to the agency’s interpretation [as a result of the Loper decision].”
Crucially, Anderson held that “rather than originating from organic matter—like the hemp-derived cannabinoids at issue—, synthetic cannabinoids are just that: compounds manufactured entirely out of synthetic materials.”
To summarize all of this, according to the Fourth Circuit, if a product is derived from hemp and does not contain more than 0.3% THC, it is legal. This includes things pulled directly from the plant, or things like delta-8 THC which may take other processes to produce. But, any cannabinoid derived purely from synthetic materials would not be considered “hemp” under the 2018 Farm Bill.
All of that said, Anderson probably won’t matter much. As I noted in in July:
[A]ll of [the discussion about Loper] is almost certainly academic – at least if Congress passes the Farm Bill with proposed amendments that would ban intoxicating hemp products. If that happens, the DEA won’t need to opine on the legality of many (if not most or all) intoxicating hemp products. The law would have already changed to prohibit them expressly.
But what happens if the upcoming Farm Bill doesn’t contain bans on intoxicating hemp products? Things will almost certainly not end there. The FDA, which has been hostile to many hemp products since the day the 2018 Farm Bill was passed, could simply claim products are adulterated or misbranded and seek to pull them from the market. It does this with kratom, which is an unscheduled plant, and there’s no reason why it could not do it here (subject again to FDA having to prove its case in a post-Loper court challenge).
And, as I noted, federal law isn’t the only thing that matters:
Things are also not looking great for intoxicating hemp products at the state and local levels. The State of Virginia, for example, just levied nearly $11 million in fines against more than 300 retailers allegedly selling state-prohibited intoxicating hemp products. Out west, the Colorado attorney general sued a business in June for allegedly selling super-high THC products marketed as federally legal hemp.
We also assume that there is a lot of local enforcement actions that go under the radar – things like state or local public health officials pulling products from shelves or warning stores. That can be harder to track if for no other reason than it doesn’t often make the news. We also assume that a lot of the reports concerning enforcement against alleged illegal marijuana stores or operators, including in places like New York, may miss the legal nuances between intoxicating hemp products and illegal cannabis products.
In sum, the intoxicating cannabinoid industry just won the battle with DEA, but it’s probably not going to win the war.
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What State Just Dropped Below $80 an Ounce for Legal Cannabis? A. Florida B. Michigan C. California D. New York
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Loper Comes for the DEA. Will it Matter, Though?
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Distressed Cannabis Business Takeaways – Canna Law Blog™
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United States: Alex Malyshev And Melinda Fellner Discuss The Intersection Of Tax And Cannabis In New Video Series – Part VI: Licensing (Video)
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NCIA Write About Their Equity Scholarship Program
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A new April 20 cannabis contest includes a $40,000 purse
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City Of Oakland Issues RFP For Employee Training Programs
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