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FrankenHemp Problems -The DEA Says THC-O is a Restricted Schedule 1 Drug as It Does Not Occur Naturally in the Hemp Plant

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The federal agency responsible for enforcing drug laws, the DEA, has stated that two types of cannabinoids that have recently appeared in state markets are not in compliance with the legal definition of hemp and are classified as controlled substances.

Last year, attorney Rod Kight sought clarification from the agency on the legal standing of delta-8 THC-O and delta-9 THC-O, and he followed up on this matter earlier this month.

 

The Drug Enforcement Administration issued a written response stating that the two cannabinoids in question “do not exist naturally in the cannabis plant, and can only be produced synthetically,” making them ineligible to be classified as hemp.

The letter, authored by Terrence L. Boos, the chief of the DEA’s Drug & Chemical Evaluation Section, explained the chemical makeup and medicinal effects of delta-9-THCO and delta-8-THCO are similar to those found in the cannabis plant.

 

In a blog post on Monday, Kight responded to the DEA’s letter, acknowledging that while he may not always see eye-to-eye with the agency on cannabis-related issues, he agreed with their stance on this matter and was not surprised by their findings.

Kight expressed concern over the increased availability of THC acetate ester (THCO), stating that he had long believed it to be a controlled substance under federal law. He explained that while THCO can be produced using cannabinoids from hemp, it is not a naturally-occurring compound in the hemp plant. Instead, it is a product of laboratory synthesis and, as such, should not be treated as a natural component of the plant.

 

Since the 2018 Farm Bill legalized hemp with a delta-9 THC content of 0.3% or less on a dry-weight basis, there has been significant uncertainty in the cannabis industry. As a result, the market for both natural and synthetic cannabinoids has expanded in states across the country.

 

Among the many new cannabinoids that have emerged, delta-8 THC has gained particular attention. While it can be produced synthetically from CBD, it also occurs in minuscule amounts naturally in the cannabis plant. Although it differs from CBD in that it does have intoxicating effects, some states have sought to regulate the product.

 

According to DEA officials, delta-8 THC products are not classified as controlled substances if derived from a natural plant rather than being synthetically created.

 

Meanwhile, a federal appeals court made a ruling last year indicating that delta-8 is not subject to control under the Controlled Substances Act (CSA). This was because the CSA only explicitly references natural delta-9 THC and because the federal statute defines hemp as “any part of” the cannabis plant, including “all extracts, derivatives, and cannabinoids” that contain less than 0.3% delta-9 THC by weight.

What about THC-O?

After analyzing the issue, the DEA determined that THC-O is not a naturally-occurring cannabinoid and is prohibited under federal law since it can only be produced synthetically.

 

In response to the DEA’s statement, Michelle Bodian, a partner at the Vicente Sederberg law firm, stated that the DEA’s report adds another layer of complexity to the already-complicated issue of determining the legality of hemp products. She noted that the agency’s position would require a detailed analysis of each cannabinoid.

 

According to Michelle Bodian, the latest DEA statement does not clarify the legal status of all novel hemp-derived cannabinoids. Still, it confirms that the agency considers Delta-9 THCO and Delta-8 THCO controlled substances. Bodian expressed hope that Congress will soon take action to address the legal status of all hemp-derived cannabinoids to prevent confusion and inconsistency in the industry.

 

Interest in THC-O has surged in the past year, with many consumers reporting that it is a highly potent cannabinoid. However, some studies have raised concerns about its safety, and advocacy groups like NORML have advised against using these unregulated, lesser-known cannabinoids.

 

Advocates argue that the current confusing regulatory landscape could be resolved if the federal prohibition on marijuana is lifted and people are allowed to use natural cannabis products, thus eliminating the demand for gray-area cannabinoids, particularly in states where marijuana remains illegal.

 

Aaron Smith, CEO of the National Cannabis Industry Association (NCIA), emphasized the need for responsible regulation of psychoactive cannabinoids, whether synthetic or naturally occurring, to ensure public health and safety. He called for an end to national prohibition and the implementation of sensible regulations at the federal level, allowing state cannabis laws to continue working effectively across the country.

 

The safety of cannabis-derived products has been a top concern for the Food and Drug Administration (FDA), prompting the agency to seek more data better to understand the risks and benefits of these products.

 

Despite ongoing calls from lawmakers, advocates, and stakeholders to establish regulatory guidelines for cannabidiol (CBD) as a dietary supplement or food item, the FDA recently announced that it would not create such rules. This has left the burgeoning CBD industry without clear regulations, raising concerns about the safety and quality of these products.

 

The FDA announced its plans to work with Congress to create legislative solutions to cannabis-derived products shortly after it issued guidance for the development of cannabis-based drugs. The guidance provided scientists with special considerations when working with hemp and marijuana. Meanwhile, Representative James Comer (R-KY), the newly appointed chair of the House Oversight and Accountability Committee, has pledged to address the FDA’s lack of regulations for CBD and other hemp-derived products.

 

Conclusion

The complex regulatory landscape surrounding hemp and cannabis-derived products continues to evolve as new cannabinoids emerge and gain popularity. While the recent DEA statement on THC-O has brought clarity to the status of some lesser-known cannabinoids, it has also highlighted the need for comprehensive federal regulations that can effectively address public health and safety concerns. As advocates and lawmakers continue to push for the lifting of federal marijuana prohibition and the establishment of sensible regulations, the industry and consumers alike will be looking to federal agencies like the FDA to provide clear guidance and oversight. With new leadership in Congress and growing public support for cannabis reform, there may be hope for a more coherent and consistent approach to regulating cannabis and hemp products in the years to come.

 

WHAT IS THC-O, READ ON…

WHAT IS THC-O

WHAT IS THC-O AND HOW IS IT MADE, READ ON!



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The Green Wave Crashes? – Has Cannabis Legalization Momentum Slowed Down around the World?

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Has the Cannabis Legalization Momentum Slowed Down?

https://x.com/twinkdefcon/status/1865985135675359392

https://x.com/PLegalization/status/1867301591633760730

As a long-time observer of cannabis policy reform, I’ve watched with fascination as public attitudes towards marijuana have undergone a seismic shift since the turn of the millennium. The once-radical notion of legal cannabis has transformed into a mainstream policy position, supported by a growing majority of Americans across the political spectrum.

The real watershed moment came in 2012 when Colorado and Washington boldly stepped into uncharted territory, becoming the first states to legalize cannabis for adult recreational use. It was like watching the first dominos fall in what would become a cascade of reform. Since then, we’ve witnessed an almost clockwork-like progression of legalization, with new states joining the green wave year after year, whether through medical programs or full recreational legalization.

But something feels different lately. For the first time in recent memory, we’re seeing significant speedbumps in what seemed like an unstoppable movement. The November elections saw two cannabis measures fail at the ballot box – a surprising departure from the steady march of progress we’ve grown accustomed to. Scrolling through my X feed (formerly Twitter), I’ve noticed a shift in the conversation too. There’s a palpable sense of uncertainty in the air, and it’s got me thinking: Has the momentum of cannabis legalization finally begun to slow?

As someone who’s dedicated years to understanding and documenting this movement, I can’t help but wonder what’s behind this apparent deceleration. Is it just a temporary setback, or are we witnessing a more fundamental shift in the landscape of cannabis reform? In this article, we’ll dive deep into these questions and explore what’s really happening with the legalization movement in America.

Let’s unpack this together and see where the evidence leads us.

slowdown in cannabis momentum

After decades of following cannabis reform, I’ve noticed a subtle but significant shift in the digital discourse lately. Some voices on X (formerly Twitter) have been particularly vocal about their concerns:

“Has anyone else noticed that Cannabis Legalization has slowed down significantly in recent months? I’m wondering if we’ll see federal legalization in our lifetime.” – @CannabisWatchdog

“The momentum of legalization is dwindling. Not sure if it’s because of the upcoming elections or if there’s something else at play…” – @GreenPolicy365

As I scroll through my feed, I can’t help but notice a change in the tenor of cannabis conversations. While polling consistently shows that a solid majority of Americans still support legalization, there’s been an uptick in negative sentiment that can’t be ignored. Perhaps most surprisingly, I’ve even seen calls for “re-illegalization” of cannabis – though this premise is fundamentally flawed since cannabis has never been fully legal at the federal level in the first place.

slow cannabis momentum

What’s particularly interesting is the emergence of vocal opposition groups who seem determined to fight against full legalization with everything they’ve got. The November election results, where we saw two cannabis measures fail, might be seen as evidence of their growing influence. Though, to be fair, these defeats could simply reflect the intense focus on the presidential race, with cannabis reform taking a back seat to what many viewed as more pressing political concerns.

Still, these failures caught many of us off guard. In the cannabis reform community, there was a prevailing sense that these measures were “sure things” – their defeat served as a wake-up call that we can’t take continued progress for granted.

Yet, let’s keep perspective here. While the negative voices might be getting louder, they’re not necessarily becoming more numerous. Support for legalization remains robust across demographic groups, and the cannabis industry has established itself as a significant economic force. The genie, as they say, is out of the bottle.

What we’re likely witnessing isn’t so much a reversal as a recalibration. The path to reform was never going to be entirely smooth or predictable. The next few years will be crucial in determining whether this is merely a temporary slowdown or a more substantial shift in public sentiment. Either way, those of us who’ve been in this space for years know that the only constant in cannabis policy is change.

Looking at the broader cultural landscape, I’m starting to notice some familiar patterns emerging in the cannabis reform movement. While I don’t foresee a complete reversal of the progress we’ve made, I do anticipate a temporary slowdown until we see decisive federal action – specifically, Congress finally addressing cannabis prohibition head-on.

In the meantime, we should brace ourselves for an uptick in anti-cannabis rhetoric. This isn’t just speculation – it’s based on a fundamental understanding of how societal attitudes tend to operate. Like a pendulum, when public opinion swings hard in one direction, there’s almost always an equal and opposite reaction coming.

We’ve seen this play out recently with the “woke” movement. After several years of progressive ideas dominating the cultural conversation, 2024 has marked a noticeable shift in the opposite direction. High-profile religious conversions, successful boycotts of brands deemed “too woke,” and increasingly vocal opposition to certain ideological positions all signal this pendulum swing in action.

Traditionally, drug policy reform has been associated with liberal politics – though it’s worth noting that Democrats, despite their rhetoric, haven’t actually done much to fundamentally change our drug laws. Now, as we appear to be entering a more conservative period, the cannabis movement needs to adapt its strategy accordingly. With conservatives likely to hold significant power over the next four years, we need to frame legalization in terms that resonate with right-leaning voters and politicians.

Yes, we’ll face more resistance in this environment. But I see this as an opportunity rather than a setback. The conservative principles of limited government, personal freedom, and states’ rights align perfectly with cannabis reform – we just need to make that case more effectively. After all, what’s more intrusive than the government telling adults what plants they can or cannot consume in their own homes?

The facts are on our side. The war on drugs has been an expensive, destructive failure – something that even many conservatives now acknowledge. Studies consistently show that youth cannabis use has actually decreased in states with legal markets. These are points that should appeal to pragmatic conservatives who value evidence-based policy making.

So while the pendulum swings right, it’s time for the cannabis reform movement to speak the language of conservatism: emphasis on personal responsibility, smart regulation that keeps products away from kids while supporting legitimate businesses, and policies that reduce crime by undermining the black market. If we can frame legalization in these terms, we might find unexpected allies on the right side of the aisle.

Let me be clear to all my fellow cannabis enthusiasts: there’s no need to panic. In states that have already embraced legal cannabis, those rights aren’t going anywhere. And for those still waiting for reform? It’s not a matter of if, but when. The train of legalization might be slowing down, but it hasn’t jumped the tracks.

What we’re witnessing is simply a shift in the cultural winds, and like any good navigator, we need to adjust our sails accordingly. The cannabis movement needs to evolve its messaging to resonate with the changing political landscape. We need to emphasize how legalization aligns with conservative values – fighting drug cartels, protecting our youth through regulated markets, generating substantial tax revenue, and creating legitimate American jobs.

These aren’t just talking points; they’re proven outcomes in states with legal markets. When we focus on these practical benefits rather than ideological arguments, we find common ground with conservatives who might otherwise be skeptical of legalization. After all, what’s more conservative than supporting small businesses, creating jobs, and reducing government waste on failed prohibition policies?

With conservative voices set to dominate the national conversation over the next four years, the cannabis industry needs to be strategic and pragmatic. We need to build bridges, not walls, and demonstrate how regulated cannabis markets can achieve conservative policy goals more effectively than prohibition ever could.

For now, we’ll watch and wait to see how these cultural shifts play out. But one thing’s for certain – the cannabis reform movement isn’t going anywhere. We’re just learning to speak a different dialect of the same language of freedom and common sense.

What do you think about the future of cannabis legalization? Drop a comment below and let me know your thoughts on navigating these changing times.

 

HOW TO SPOT THE BOTTOM IN THE CANNABIS MARKET, READ ON…

IS THIS THE BOTTOM OF THE MARIJUANA INDUSTRY

HAS THE MARIJUANA INDUSTRY REACHED A BOTTOM, TIME TO BUY?



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Has the Marijuana Industry Hit Rock Bottom?

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marijuana industry bottoms

The cannabis industry has undergone a remarkable transformation over the past decade, evolving from a largely illicit market to a burgeoning sector with legal frameworks across numerous states and countries. However, this rapid growth has not come without its challenges. As the market matures, many marijuana businesses are facing financial distress due to various factors, including regulatory hurdles, market saturation, and changing consumer preferences. For savvy investors and entrepreneurs, these distressed businesses present unique opportunities for acquisition and growth. However, navigating this landscape requires caution and a comprehensive understanding of the risks involved.

 

 The Current State of the Marijuana Industry

 

 Market Growth and Challenges

 

The legal cannabis market in North America has seen exponential growth since the early 2010s. According to industry reports, the U.S. cannabis market was valued at approximately $13 billion in 2020 and is projected to reach $41 billion by 2025. This growth has been fueled by increasing legalization efforts at both state and federal levels, as well as a growing acceptance of cannabis for both medicinal and recreational use.

 

Despite this promising outlook, the industry faces significant challenges that have led to a wave of distressed businesses. These challenges include:

 

  • Regulatory Uncertainty: The patchwork of state laws creates confusion and compliance issues for businesses operating across state lines.

  • Market Saturation: In some regions, an influx of new licenses has led to oversupply, driving down prices and squeezing profit margins.

  • Banking Restrictions: Many cannabis businesses operate in cash due to federal banking restrictions, making it difficult to manage finances effectively.

  • High Operational Costs: From cultivation to distribution, the costs associated with running a cannabis business can be prohibitively high.

 

The Rise of Distressed Businesses

 

As these challenges mount, many marijuana businesses find themselves in precarious financial positions. Companies that once thrived may now be struggling to meet operational costs or repay debts. This creates a landscape ripe for investors looking for opportunities to acquire distressed assets at favorable prices.

 

Types of Distressed Businesses

 

Investors interested in the cannabis sector should be aware of the various types of distressed businesses available for acquisition:

 

1. Cultivation Facilities: These businesses may have excess inventory or face operational inefficiencies that hinder profitability.

2. Retail Dispensaries: With increased competition, some dispensaries may struggle to attract customers or maintain profitability.

3. Manufacturers: Companies producing cannabis-infused products may face challenges related to supply chain disruptions or regulatory compliance.

4. Ancillary Businesses: Companies providing services or products to the cannabis industry—such as packaging, security, or consulting—may also experience distress if their clients are struggling.

 

Evaluating Potential Acquisitions

 

When considering an investment in a distressed marijuana business, it is crucial to conduct thorough due diligence. Here are key factors to evaluate:

 

 

  • Balance Sheets: Review financial statements to assess assets, liabilities, and equity.

  • Cash Flow Analysis: Understand cash flow patterns to determine whether the business can sustain operations.

  • Debt Levels: Evaluate existing debt obligations and repayment schedules.

 

 

  • Management Team: Assess the experience and track record of the management team in navigating challenges within the cannabis sector.

  • Supply Chain Resilience:  Investigate supply chain relationships and potential vulnerabilities.

  • Facility Conditions: Inspect physical locations for compliance with regulations and operational efficiency.

 

 

  • Licensing Status: Confirm that all necessary licenses are in place and up-to-date.

  • Legal Issues: Investigate any pending legal matters that could impact operations or financial stability.

  • Compliance History: Review past compliance issues with state regulations that could pose future risks.

 

Risks Involved

 

While there are substantial opportunities within distressed marijuana businesses, investors must also be aware of the risks involved:

 

 

The cannabis market is still relatively young and can be highly volatile. Prices for cannabis products can fluctuate dramatically based on supply and demand dynamics. Investors should be prepared for potential downturns that could affect profitability.

 

 

Changes in legislation can have immediate impacts on business operations. For instance, if a state decides to impose stricter regulations or taxes on cannabis sales, it could significantly affect profit margins.

 

 

Distressed businesses often have underlying operational issues that may not be immediately apparent. These could include outdated technology, ineffective marketing strategies, or poor customer service practices.

 

 

Investing in a distressed business can carry reputational risks if the company has been associated with legal troubles or poor business practices. It is essential to consider how these factors might affect your brand as an investor.

 

Strategies for Success

 

For those willing to navigate the complexities of investing in distressed marijuana businesses, several strategies can enhance the likelihood of success:

 

 

A well-defined business plan is essential for guiding operations post-acquisition. This plan should address:

 

  • Operational Improvements: Identify areas where efficiencies can be gained.

  • Market Positioning: Develop strategies for differentiating from competitors.

  • Financial Projections: Create realistic forecasts based on thorough market analysis.

 

 

Assembling an experienced management team with expertise in both cannabis operations and turnaround strategies is critical. This team should possess a deep understanding of regulatory requirements and market dynamics.

 

 

Given the regulatory complexities surrounding cannabis businesses, maintaining strict compliance is paramount. Establishing robust compliance protocols can help mitigate legal risks and foster positive relationships with regulators.

 

 

Leveraging insights from industry experts can provide valuable perspectives on market trends and operational best practices. Consider forming advisory boards or partnerships with experienced professionals in the cannabis sector.

 

 

Staying informed about emerging trends within the cannabis industry is essential for making strategic decisions. This includes keeping an eye on consumer preferences, technological advancements, and shifts in regulatory landscapes.

 

Case Studies of Successful Turnarounds

 

To illustrate how investors can successfully navigate distressed marijuana businesses, consider these case studies:

 

 Case Study 1: GreenLeaf Cultivation Co.

 

GreenLeaf Cultivation Co., once a leading producer of organic cannabis products, faced significant financial difficulties due to oversupply in its region. After being acquired by a private equity firm specializing in distressed assets, GreenLeaf underwent a comprehensive restructuring process.

 

The new management team focused on streamlining operations by reducing overhead costs and optimizing cultivation techniques. They also rebranded the product line to appeal to health-conscious consumers. Within two years, GreenLeaf returned to profitability and expanded its market presence through strategic partnerships with local dispensaries.

 

Case Study 2: Urban Buds Dispensary

 

Urban Buds Dispensary struggled with declining sales amid increasing competition from new entrants in its market. After being acquired by an investor group with experience in retail turnaround strategies, Urban Buds implemented several key changes.

 

The new owners revamped the store layout to enhance customer experience and introduced loyalty programs to retain existing customers while attracting new ones. They also invested in targeted marketing campaigns highlighting unique product offerings. As a result, Urban Buds saw a 50% increase in sales within one year.

 

Conclusion

 

The landscape of distressed marijuana businesses presents both significant opportunities and formidable challenges for investors willing to engage with this complex sector. While potential returns can be substantial for those who navigate these waters wisely, it is crucial to approach such investments with caution. By conducting thorough due diligence, understanding market dynamics, focusing on compliance, and implementing effective turnaround strategies, investors can position themselves for success in this evolving industry. As the legal cannabis market continues to mature, those who are prepared will find that opportunities abound—but only for those who are willing to tread carefully through its intricacies.

 

WHERE IS THE BOTTOM IN THE CANNABIS INDUSTRY, READ ON…

WHEN IS THE BOTTOM IN THE CANNABIS INDUSTRY

WHEN WILL THE CANNABIS INDUSTRY HIT A BOTTOM? HERE IS WHEN!



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Global Cannabis Spotlight: The Czech Republic’s Psychomodulatory Substances Law

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Last year, I attended an Expert Seminar in Amsterdam on Cannabis Regulation, EU Drug Law, Trade Rules, and the UN Drug Control Treaties. A central topic focused on advancing full cannabis legalization while complying with EU law and international Drug Treaties. During the discussion, Czechia presented its three-pillar approach to cannabis regulation: (1) decriminalization (in 2010, Czechia decriminalized cultivating up to five plants and possessing up to half an ounce of marijuana); (2) regulation of “psychomodulatory substances”; and (3) full commercial regulation. Like Germany, Malta, and Luxembourg, Czechia’s approach relies on scientific evidence. It shows that regulation, rather than prohibition, better protects children and society’s health, safety and welfare.

What is the Psychomodulatory Substances Law?

The law and related rules (effective on July 1, 2025), creates a new category of psychoactive substances with acceptable health risks. The current list includes four substances: low-THC cannabis extracts and tinctures (≤1% THC), kratom, and kratom extract. Other substances, like Hexahydrocannabinol (HHC), could be added if research shows their low health risks after two years. To be included, substances must prove they don’t pose significant public health or societal risks.

HHC faces hurdles in gaining approval. Czechia previously sought to ban HHC products in 2024. Additionally, the global community is still evaluating the substance. Last year, the WHO completed its review of HHC. Many expect the UN Commission on Narcotic Drugs to schedule it under the 1971 Convention. While cannabis is listed under the 1961 Single Convention, “industrial hemp” is excluded. This creates a legal loophole for low-THC hemp programs.

In Czechia, cannabis with less than 1% THC is classified as “technical hemp.” This classification has led to a legal grey area, increasing illicit-market activity. The Psychomodulatory Substances Law aims to curb illicit market influence by providing regulated access through licensed operators. This will help protect children, adolescents and adult consumers.

Once added to the list, psychomodulatory substances can be sold to adults (18+) for human consumption. Retail sales will begin in specialized stores by mid-2025. However, EU food and cosmetic laws prevent these substances from being sold in finished food products or cosmetics. Commercial operators will need permits to ensure compliance with regulations and local municipalities can impose their own usage restrictions.

Regulating instead of prohibiting ensures safer, quality-controlled products. This protects vulnerable groups. The law seeks to balance public health protections with Czechia’s obligations under international drug conventions and EU law. Czechia believes its approach aligns with its international commitments and the EU’s free movement of goods.

Legal regulation

Many hoped for full legalization of commercial cannabis. EU and international law create barriers the Czech government is unwilling to challenge. As more quasi-legal programs emerge across Europe, pressure may build on the EU to adjust its laws, allowing for fully regulated commercial cannabis sales. Until then, scaled-back approaches like Czechia’s psychomodulatory substances law will help fill the gap.

Conclusion

Czechia’s regulatory framework aims to reduce illicit market activity while prioritizing public health and welfare. It is not the first EU country to explore alternatives to full cannabis legalization and it likely won’t be the last. Despite a conservative government, Czechia balances traditional views with evidence that regulation, not prohibition, is the best approach. As seen in the U.S., low-THC legalization can create a robust market. It can also lead to unintended consequences, like unregulated intoxicating hemp products.

Since Czechia’s law does not allow ready-to-eat low-THC products, it remains unclear whether the country will face the same challenges seen elsewhere. While illicit market activity in cannabis extracts and tinctures will likely decrease, demand for ready-to-eat, low-THC products may rise. Until countries regulate the entire supply chain—from seed to sale (including ready-to-eat products and high-THC marijuana)—it will remain difficult to eliminate illicit market influence. Czechia operates within the constraints of EU and international law. This hinders EU members from implementing fully legalized commercial cannabis programs. As a result, the illicit market will continue to fill any gaps left by these limitations.



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