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Hemp Isn’t A Loophole—It’s A Legal Industry, And It’s Under Attack (Op-Ed)

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“What this will do is put consumers at risk, steal tax revenue from municipalities and states, and ultimately hurt farmers across the nation.”

By Adam Stettner, FundCanna

Congress did something terribly shorthanded. They crammed a massive policy change into a budget deal and mistakenly called it “public safety.”

If the changes stand, it will wipe out a more than $28 billion market, kill about 300,000 jobs, and eliminate one of the best national paths we have today to safe and sensible cannabis reform and regulation. A prime example is when the government burned down a house to kill the spider.

This is not politics. The 2018 Farm Bill is an example of evil politics being used to kill an industry without having the courage to reverse it and fight back.

The Straw Man: “Unregulated hemp is dangerous, so we need a blanket ban.”

Proponents of the change argued that hemp-derived intoxicants such as Delta-8 THC are a public health threat. That it is sold to children. They are untested. That they escaped a loophole in the 2018 Farm Bill.

Although there is some element of truth in their arguments, this is not indicative of the whole truth.

In short, that narrative is written to support blanket prohibition. Every industry has bad actors, companies and people who game the system. Instead of destroying an entire industry to get rid of bad actors, you analyze the problem, determine the underlying problem, and use logic and law to create, regulate, and enforce structure.

That is not what Congress has done.

Leading this charge is Sen. Mitch McConnell (R-KY), who appears to be trying to clean up what he sees as a legislative mess he authored. In 2018, he supported the Farm Bill that legalized hemp. Today, he says this law inadvertently unleashed an unregulated flood of what he calls “gas station cannabis” and that the only solution is to shut down the entire industry.

The correct solution? A framework that includes maximum potency, laboratory testing, package size, distribution guidelines, age conditions, and a structure to enforce the above. All of this would address concerns about “gas station hemp” and the risk to children.

In short, I’m all for regulation. This is not a regulation. It is eradication.

Reality: This is a legal, licensed, thriving and job-creating industry

The 2018 Farm Bill legalized hemp. That law was written, passed and signed by Congress and President Donald Trump, who has since endorsed the benefits of CBD and cannabinoids and asserted that cannabis policy should be left up to the states.

Since then, an entire market has grown up around hemp-derived cannabinoids. Manufacturers, retailers and financial partners have invested hundreds of millions in business compliance, taxation and job creation.

Cannabis entrepreneurs have built legitimate and highly regulated businesses that now employ hundreds of thousands of Americans. Their success does not depend on speculation, but on sustainable business models, sound financial management and sustainable access to capital;

The new provisions ban products containing more than 0.4 mg of THC per container. If passed, that would wipe out 95 percent of the hemp-derived market, according to industry estimates. And it would do so without holding a single hearing or public comment period, driving an industry underground to beg for regulation.

What this will do is put consumers at risk, steal tax revenue from municipalities and states, and ultimately hurt farmers nationwide. It will drive cultivation, production and manufacturing into the black market as it has done in the case of prohibition or unexpected legal structures.

One only has to look at the state’s legal cannabis market, which still operates under federal prohibition, to see a legal market that has grown to $35 billion but has simultaneously fueled an illegal market north of $100 billion.

The ban doesn’t work. Half-baked structures and scattered laws without a clear framework, understanding of basic economic principles and lack of regulation/enforcement do not work.

“This is just the beginning”? Let’s not invent ghosts

Some in the broader cannabis industry fear this is the horse behind future attacks on legal THC. This paranoia is understandable, but wrong.

This is not part of a coordinated federal crackdown. It’s a last-minute misguided attempt to solve a real consumer safety issue using the wrong tool. The maturity of the cannabis industry will be determined by its ability to distinguish between good policy and bad process. It is the latter.

Every part of the plant, regardless of label, requires logic, science-backed education, data, debate, and sensible, thoughtful regulation.

Do you want security? Regulate, not abolish

Intoxicating products must be tested, sales must be restricted to adults, packaging and potency must be clearly labeled. This is called regulation.

We regulate alcohol, tobacco and caffeine. We regulate thousands of other industries. What we don’t do is ban entire industries through the fine print in budget bills.

If Congress wants to fix the Farm Bill’s flaws, hold hearings. Invite scientists. Ask the Food and Drug Administration for guidance. Bring industry leaders to the table. What we don’t need is a hidden policy reversal tucked into a spending bill without public debate.

Over the decades, prohibition brought us figures like Al Capone and El Chapo, and created drug trafficking from all corners of the world. It involves crime, money laundering, loss of life, and it’s all pointless. What will the ban create in this case? Just imagine.

Although scientifically less dangerous than cannabis, the regulated alcohol and tobacco industries today employ millions, generate billions in sales and, above all, provide consumers with standardized and safer products through proper oversight. Yet we continue to vilify and ban rather than regulate.

The financial consequences are real

Ban hemp, and you haven’t gotten rid of “gas station” hemp.

You kill an entire industry, even the good parts. You eliminate hundreds of thousands of jobs. You eliminate tax revenue at the federal and state and municipal levels. You immediately take $30 billion out of the economy and push that money into illegal channels. You’re directly putting the product you’ve outlawed into the hands of children and those you claim to protect. Eliminating jobs and the possibility of regulation, oversight, safer products and age-status in the process.

Banning the industry does not protect consumers, it penalizes law-abiding and responsible business owners who are open to regulation and oversight.

The cannabis industry doesn’t want a free pass, but it deserves fair and responsible regulation. That starts with policy making that is deliberate, transparent and informed by the people doing the work on the ground.

Congress, your actions have created a much bigger problem than the problem you were trying to solve. If you want to keep our children safe and support our farmers and industries, do it the right way by regulating with logic. There is a way to have it all, this isn’t it.

Adam Stettner, CEO of FundCanna, has overseen more than $20 billion in loans in underserved markets.

Max Jackson’s photo.

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

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Large Dutch greenhouse grower turns energy volatility into opportunity

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Volatility in energy prices continues to affect greenhouse gas producers across Europe, as the growing share of renewable energy and developments in electricity markets lead to stronger and more frequent price increases. For a large Dutch greenhouse grower, this challenge became the starting point for a more flexible and efficient approach to lighting management.

Like many high-intensity greenhouse operations in the Netherlands, the business faced rising electricity costs and major surprises while requiring precise light control to maintain consistent crop quality throughout the year.

To meet these challenges, the manufacturer implemented the Netvion intelligent control system. The solution enables real-time control of light intensity and spectrum without the need to rewire or make major changes to the existing greenhouse infrastructure.

© Netvion

Responding to extreme electricity prices
Electricity prices in the Netherlands have shown considerable volatility in recent years, ranging from negative prices during periods of renewable overproduction to sharp peaks in demand. “Traditional wired lighting systems offer limited flexibility to respond to rapid price changes,” says Sharan Avati with Netvion. “This often results in inefficient energy use and higher operational costs.”

With Netvion’s system, the grower can dynamically adjust lighting levels based on real-time electricity prices. During high price periods, light intensity is reduced to the minimum level required for crop development. When prices are low or negative, lighting levels can be increased to support plant growth, taking advantage of favorable market conditions.

© Netvion

Improve crop yield through clear precision
High-value greenhouse crops require precise control of light intensity at different growth stages. Using Netvion’s multi-channel lighting control, the manufacturer fine-tuned light levels from 30 µmol/m²/s at high prices to 200 µmol/m²/s when energy costs were low.

This level of precision optimized energy consumption while maintaining consistent crop quality. Instead of increasing stem length, the cultivar saw a measurable increase in crop weight, reporting 3-7% heavier crops, depending on crop type and growing conditions.

According to the grower, this improvement was driven by better alignment of light levels to plant needs during favorable energy price windows, without overstressing the crop during high-cost periods.

© Netvion

Fast financial impact through the fast energy manager
The financial impact of the wireless lighting system was very dynamic. With a capacity of 3 MW to connect to the grid (“knip”), the producer uses Netvion to respond quickly to fluctuations in electricity prices.

© Netvion In practice, correcting lighting levels allows growers to recover approximately 20-30% of their total daily energy costs in 15 minutes under extreme market conditions.
Depending on electricity prices, it can be worth up to 1,500 euros received in a single 15-minute window, shares Sharan. “This emphasizes the importance of real-time control speed rather than fixed hourly savings.”

“Combined with the reduced installation and maintenance costs enabled by the wireless infrastructure, the system provided a strong business case and approximately a two-year return on investment, while also reducing cabling, labor requirements and overall system complexity.”

© Netvion

Easy integration into existing greenhouses
Although Netvion is designed to integrate with existing climate control platforms, this manufacturer followed a different approach. Instead of using a standard third-party climate computer, the company developed custom in-house software to handle the control logic and system connections.

Netvion’s open and flexible architecture enabled integration with this custom-built platform, allowing the producer to implement their own advanced control strategies, taking advantage of wireless high-resolution lighting.

Sharan: “For other greenhouse operations using commercial climate control systems, integration can be easier. This case demonstrates that Netvion supports both standard integration and highly customized control environments based on the grower’s operational configuration.”

© Netvion

For more information:
Netvion
+31 613921828
(email protected)
www.netvion.io

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Virginia Lawmakers Approve Marijuana Sales Legalization And Resentencing Bills

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Virginia lawmakers have passed a bill to legalize the sale of marijuana, as well as separate legislation to provide a way to reinstate past cannabis convictions.

On Wednesday, the Appropriations Committee of the Assembly was approved Del. Paul Krizek’s Marijuana Sale Legislation (D) 16-6 in the vote. This is coming About a week after advancing a similar measure through a Senate panel.

The Subcommittee on Transportation and Public Safety advanced the legislation with an amendment earlier in the day on a 5-2 vote.

Krizek’s bill, HB 642, is largely in line with the recommendations the lawmaker released last month. Joint Commission to Oversee the Transition to the Commonwealth Retail Cannabis Market.

Since legalizing cannabis ownership and home cultivation in 2021, Virginia lawmakers have been working to establish a commercial marijuana market– Only for those efforts to stall under former Gov. Glenn Youngkin (R), who twice vetoed measures sent to his desk by the Legislature.

According to the approved measure, the sale of adult cannabis can begin on November 1. That’s a shorter timeframe than the Senate assistant, which calls for sales to begin on Jan. 1, 2027.

Subcommittee on Wednesday taken The alternative version of the bill changes several key details, including adjusting tax rates and reducing the conversion fee that current medical cannabis companies would have to pay to serve the recreational market.

Here are the key details of the Virginia House legalization of marijuana sales legislation as amended:

  • Adults would be able to purchase up to 2.5 ounces of marijuana in a single transaction, or up to an equivalent amount of other cannabis products, as determined by regulators.
  • The Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry. Its board of directors would have the authority to control the possession, sale, transportation, distribution, delivery and testing of marijuana.
  • The sale of marijuana products would be subject to a six percent excise tax, which would be subject to the state’s 5.3 percent retail sales and use tax. Local governments may charge an additional tax of 3.5 percent.
  • The tax revenue would be divided between the costs of administering and enforcing the state’s marijuana system, a new Cannabis Equity Investment Fund, pre-kindergarten programs, substance use disorder prevention and treatment programs, and public health programs such as awareness campaigns designed to prevent drug-impaired driving and discourage underage use.
  • Local governments could not allow marijuana companies to operate in their area.
  • Delivery services would be allowed.
  • Serving sizes would be limited to 10 milligrams of THC, with no more than 100 mg of THC per package.
  • Existing medical cannabis operators could enter the adult-use market if they pay a $5 million license conversion fee.
  • Cannabis businesses should implement peaceful labor agreements with their employees.
  • A legislative committee would direct the addition of local consumer licenses and micro-enterprise cannabis event permits that would allow licensees to hold sales at farmers markets or pop-up locations. The Virginia Alcoholic Beverage Control Authority would also investigate the possibility of involvement in marijuana regulation and enforcement.

In the Senate, SB 542, a measure sponsored by Sen. Lashrecse Aird (D), to legalize the sale of marijuana, passed through the Senate Judiciary Committee last week. However, it changed in that way drew criticism from advocates for changes that would have imposed new penalties on certain cannabis-related activities such as possession by minors and growing marijuana without a license, which can carry the threat of jail time.

A coalition of reform groups has since sent a letter to the Senate Finance Committee, where the measure was passed, asking them to withdraw those amendments.

Just sworn Gov. Abigail Spanberger (D) supports legalizing the sale of marijuana to adults.

Meanwhile, the Senate Finance and Appropriations Committee on Wednesday also approved a bill, SB 62By Sen. Louise Lucas (D), it would create a process to consider changing the sentences under which people incarcerated or under community supervision for certain felonies involving the possession, manufacture, sale or distribution of marijuana could receive an automatic trial.

The jury approved the measure in a 10-4 vote.

On the part of the Assembly, the supplementary version of the revision legislation, HB 26 Del. Rozia Henson (D), advanced it through the Appropriations Committee on a 16-6 vote Wednesday.

Earlier, the Subcommittee on General Government and Capital Expenditures approved the measure in a 3-1 vote.

The bill applies to people with convictions or convictions for conduct that occurred before July 1, 2021, when a state law that legalized personal possession and home cultivation of marijuana went into effect.


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


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

Separately, the Virginia Senate passed a bill on Tuesday Provide legal protections for hospital staff to facilitate the use of medical marijuana for terminally ill patients in their facilities, as long as cannabis is federally rescheduled.

SB 332 would build on existing state law that protects healthcare professionals in hospices and nursing facilities who help terminally ill patients use medical cannabis treatment. These protections will be extended to hospital workers.

Separately, the Virginia Department of Labor and Industry has published a new determining workplace protections for cannabis users.

Photo by Mike Latimer.

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Health Canada cannabis guidance exposes “absurd” education gap in healthcare

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New federal guidance on medical cannabis is drawing attention to a growing gap in Canadian health care: patients are increasingly using cannabis to manage symptoms, but often without consistent clinical education, dosage support or drug interaction screening.

In January 2026, Health Canada published Information on the Medical Uses of Cannabis, a guidance document for consumers that includes contraindications, possible drug interactions, dosing and titration principles, and potential adverse effects.

Legal cannabis products produced and sold in Canada are not licensed to treat specific diseases or symptoms and have not been reviewed to determine whether they are safe or effective for those purposes.

“This is top-to-bottom healthcare,” said Ajay Chahal, PharmD, co-founder of Apothecare. “Health Canada has done the work to put clear guidelines to Canadians, but it’s absurd that patients are still forced to be their own physician educators. We’ve created a reality where patients are forced to turn to budtenders for pseudo-clinical advice, product recommendations for sleep, pain, anxiety or cancer-related symptoms based on anecdotes that work for someone I know. That’s not informed care, it’s a symptom of a system that has failed.”

Health Canada says that the use of cannabis carries health risks that are not yet fully understood and advises Canadians to consult their health care provider before using cannabis for medical purposes.

“That warning should set the system in motion,” said Anushya Vijayaraghevan, PharmD, co-founder of Apothecare. “Patients should not gamble with their health to relieve symptoms. If a patient is taking antidepressants, blood thinners, seizure medications, or has mental health vulnerabilities, the stakes are real. However, patients are often left to make product decisions and trial-and-error dosing with little guidance from the clinical system they are supposed to protect.”

In response to Health Canada’s guidelines, Apothecare is calling for four immediate actions to close the cannabis education gap in Canadian healthcare. First, medical cannabis education should be integrated into the core training of physicians, pharmacists, nurses, and allied health providers, with standardized learning outcomes that address dosage, contraindications, impairment, and drug interactions. Cannabis is already being used by patients across the country, and clinicians need a shared baseline of knowledge to manage it safely and consistently.

Second, clinical cannabis counseling should be established as a standard for patient safety. Canadians deserve access to evidence-based guidance that is medically responsible, consistent across care settings and independent of retail environments. Without clinical advice, patients are often left to navigate complex decisions on their own, increasing the risk of misuse, adverse effects, or missed interactions with other therapies.

Third, continuing education requirements through professional organizations need to be modernized so that clinicians can keep pace as cannabis use becomes more common for symptom management. Continuing education allows health care providers to confidently counsel patients, analyze risk factors, and adapt care as evidence evolves, rather than relying on outdated information or comfort levels.

Finally, cannabis should be treated like other pharmacologically active therapies in routine care. This means standardizing patient disclosure, documenting use in medical records, and supporting appropriate follow-up and monitoring. By moving away from a trial-and-error approach, it will help integrate cannabis into standard care practices and improve patient safety and outcomes.

“This is not about being for or against cannabis,” Vijayaragheva said. “It’s about accountability. The system can’t ignore something this widespread and then act surprised when patients are confused, underinformed or harmed. We have the knowledge and the clinical space to do better, but it needs to be prioritized.”

“This should not be controversial,” Chahal said. “If millions of Canadians use cannabis for medical purposes, then millions of Canadians deserve professional-level education, consistent clinical supervision and clear safety standards.”

For more information:
Apothecare
https://apothecare.ca/

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