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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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3 months ago

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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.

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Cannabis products recalled due to “unreliable” tests

Published

6 hours ago

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March 3, 2026

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New York State’s Office of Cannabis Management (OCM) has recalled several cannabis products after finding that reported results from a testing laboratory were “unreliable.”

OCM says it has found a total of 54 product lots that tested false positive for Aspergillus, the mold that causes disease. According to OCM, another batch of product had incorrect results for the heavy metal cadmium.

“When test results are inaccurate or unclear, product safety and, in turn, the safety of New York State consumers cannot be guaranteed,” said OCM Executive Deputy Director of Licensing, Enforcement and Laboratories Stephen Geskey. “It’s not a risk OCM is willing to take.”

This information comes from an audit of inspections and records conducted by Keystone State Testing New York between December 2025 and January 2026. According to OCM, there have been no reports of the effects of consuming any of the products.

Read more at News 10










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Virginia House And Senate Lawmakers Advance Marijuana Sales Legalization Bills Toward Governor’s Desk

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6 hours ago

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March 3, 2026

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The march to legalize the sale of recreational marijuana in Virginia continues, with the full House of Representatives and a Senate committee advancing a pair of bills to create a regulated adult cannabis market in the commonwealth.

The House on Tuesday approved the second reading of the cannabis sale bill passed by the Senate, giving it the chance to pass it definitively in the chamber. Earlier, a House measure moved through the Senate Finance and Appropriations Committee on a 10-5 vote, sending the measure back to the floor for consideration.

Both chambers’ marijuana-sale proposals aim to give adults a legal way to buy cannabis, legalizing both state possession and home cultivation in 2021, though there are key differences between them.

Bicameral measures—HB 642 and SB 542—Recently changed to allow micro business licensees to cultivate, process or conduct retail sales at two locations instead of one, as long as they are within 10 miles of each other and operate under common ownership and control.

Lawmakers also revised the legislation to clarify that current medical cannabis businesses would only be able to grow cannabis indoors, including in secure greenhouses with a total hood of 70,000 square feet. The amendments also would not allow additional marijuana licenses with “dual-use privileges” beyond medical licenses.

Finally, the measure’s conversion fee structure was revised to pay current medical marijuana companies the privilege of dividing the adult-use market into three parts.

There are some key differences between the House bills that still need to be ironed out — related to the start date of legal sales and cannabis tax rates — before a final product can be delivered to the governor’s desk.

Here are the key details of Virginia’s marijuana sales legalization legislation, SB 542 and HB 642:

  • 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 House bill sets a statewide sales date of Nov. 1, 2026, while the Senate measure would allow it to begin on Jan. 1, 2027.
  • The Senate bill would impose a 12.875 percent excise tax on cannabis products, in addition to a 1.125 percent state sales tax and a mandatory 3 percent local tax. The House measure would apply a 6 percent excise tax, as well as a 5.3 percent retail sales and use tax, allowing municipalities to impose a 3.5 percent local tax.
  • Under the House bill, the Virginia Cannabis Control Authority would oversee licensing and regulation of the new industry, while the Senate legislation calls for a new combined Alcoholic Beverage and Cannabis Control Authority.
  • The House bill calls for the proceeds to be allocated to a new Cannabis Equity Reinvestment Fund (60 percent), early childhood education (10 percent), the Department of Behavioral and Developmental Health Services (25 percent) and public health initiatives (5 percent). The Senate proposal, on the other hand, would put 30 percent into the capital reinvestment fund, 40 percent for early childhood education, 25 percent for the department of behavioral and developmental health services and 5 percent for public health initiatives.
  • 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 license conversion fee set at $15 million in the Senate bill and $10 million in the House measure.
  • 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.

Both the Virginia House and Senate Last month, he took action on multiple marijuana bills during a major deadline—accept proposals to legalize the sale of cannabis, provide a way to punish previous marijuana convictions and allow access to medical cannabis for seriously ill patients in hospitals.

As for the Senate marijuana sales bill, members recently clashed in committee over amendments to the body version that would add new penalties for illegal cannabis activity.

The amendments in the Judiciary Committee’s case included penalties for consumers who purchase from unlicensed sources, recriminalizing possession and sale of cannabis by those under 21, making it a Class 1 felony for a first offense and a felony punishable by a mandatory prison sentence for a second offense. As revised, the bill would also increase the penalty for unlicensed cultivation to a felony with up to five years in prison and make it a felony to transport cannabis with the intent to distribute it across state lines.

But the Finance and Appropriations Committee backed down the amendments last month, sending a letter to senators under pressure from a coalition of advocacy groups. saying that they undermined the “intent” of the legislation and “the will of the people” by adding criminal penalties to certain cannabis-related activities.

In general, both chambers’ commercial sales bills have largely aligned with recommendations released by the legislature in December. Joint Committee to Oversee the Transition to the Commonwealth Retail Cannabis Market.

Meanwhile, some members of the GOP have aligned ideologically with their Democratic colleagues throughout this legislative process, breaking with the majority of their caucus. in favor of creating a regulated market for adults to buy cannabis.

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.

Governor Abigail Spanberger (D), for her part, supports legalizing the sale of marijuana to adults..

Meanwhile, members of the Virginia House and Senate advanced a pair of bills Monday, with amendments that provide a pathway to resentencing for people with prior marijuana convictions.

Members of the Senate and House Judiciary Committees approved alternate versions of the opposite chamber’s reform bill on Monday, setting the stage for bicameral negotiations as the measures move through the legislative process.

Legislation introduced in both chambers would create a process to consider changing the sentences under which people incarcerated or on community custody for certain felonies involving the possession, manufacture, sale or distribution of marijuana could receive an automatic trial.

Separately last month, the Virginia House patients passed a bill to allow the use of medical marijuana in hospitals. It would require health care facilities to implement policies “to address the situation in which an eligible patient is authorized to use medical cannabis.”

The Senate passed various pieces of legislation use of medical cannabis in healthcare facilities last month

—
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
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Meanwhile, the Virginia House passed the bill earlier this month Protecting the rights of parents who use marijuana by complying with state laws.

Del. According to the proposal by Nadarius Clark (D), a parent or guardian’s own use of cannabis “shall not serve as a basis for a finding of abuse or neglect of a child unless other facts establish that its possession or consumption causes or produces physical or mental injury to the child.”

“A person’s legal possession or consumption of substances permitted (under state marijuana law) shall not serve as a basis for limiting custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child,” reads the text of HB 942.

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

Photo by Chris Wallis // Side Pocket Images.

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Swiss company launches nationwide price comparison tool for cannabis

Published

1 day ago

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March 2, 2026

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Evidena Care AG is one of the leading Swiss telemedicine platforms and specialized medical practices for medical cannabis. The company currently supports more than 2,000 patients across the country. Under the direction of Dr. Nicolai Berardi and two other specialist doctors, Evidena Care has focused on evidence-based, responsible and patient-centered treatment for the past two years.

Now, Evidena Care is launching a nationwide online comparison portal for medical cannabis products. The platform is designed for patients who already have a valid medical prescription and want a clear and reliable view of the market. For the first time in Switzerland, patients can directly compare products and prices from the country’s largest pharmacies in one place.

Medical cannabis plays an essential role in the treatment plans of many patients. At the same time, prices can vary significantly between pharmacies, even when the products contain the same levels of active ingredients. As these costs are often not covered by health insurance, or only partially covered, many patients have a heavy financial burden. The new portal addresses this issue by bringing transparency to a market that until now has been difficult to navigate.

The platform provides an overview of available products and dosages, clearly lists the active ingredient content, such as THC and CBD levels, and displays the current prices of leading Swiss pharmacies. Patients can directly compare options and make informed decisions that help optimize their therapy costs, without compromising medical guidance.

“Patients should not be victims of non-transparent pricing structures,” says Dr. Nicolai Berardi, CEO of Evidena Care AG. “We are creating transparency with our comparison portal, strengthening the self-responsibility of those affected and promoting fair competition in the interests of patients.”

The portal is only for people with a valid prescription. It serves as a true information tool and supports cost optimization in an existing therapy supervised by a physician.

For more information:
Evidena Care AG
Email: (email protected)
https://evidena.care/










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