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

Published

10 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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Fluent to sell New York license and operations

Published

2 months ago

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July 30, 2026

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Fluent has entered into a definitive agreement to sell Etain, LLC, the Company’s New York-based operating entity. The purchase agreement was signed on July 22, 2026. The transaction provides for the sale of Etain’s Registered Entity license, certain of the Company’s New York operating assets and related New York leases for cash, subject to customary purchase price adjustments.

The Company believes the Transaction advances its strategic objectives and expects the Transaction to comply with applicable regulatory requirements in connection with the Company’s previously announced plan of arrangement for Vireo Growth Inc. (the “Deal”) while providing for an orderly transition of the New York operations to an experienced operator committed to serving patients and consumers.

Completion of the free transaction is subject to closing conditions, including, among other customary conditions, approval of the change in ownership by the New York State Cannabis Control Board and the completion of all conditions to the completion of the Agreement.

For more information:
FLUENT Corp
getfluent.com/










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Marijuana Has ‘Horrific Health Risks’ And No Medical Value, Former Trump Attorney General Claims

Published

2 months ago

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July 30, 2026

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A former US attorney general who served in President Donald Trump’s first term says marijuana poses “tremendous health risks,” has no medical value and should not be rescheduled under federal law.

“Marijuana redistricting would create a false impression that it is safe, reduce penalties for illegally selling the drug, and provide a large tax windfall to those who legally supply it,” William Barr wrote in a Wednesday op-ed for The Washington Post, Kevin Sabet, CEO of the prohibitionist organization Smart Approaches to Marijuana. “That would be a disaster.”

The opinion comes as the Trump administration moves forward with cannabis reregulation.

According to an order issued in April by US Attorney General Todd Blanche, Marijuana products regulated by a state medical cannabis license were immediately changed from Schedule I As did marijuana products approved by the Food and Drug Administration (FDA) under Schedule III of the Controlled Substances Act (CSA).

an administrator The hearing is looking at the broader rescheduling of marijuanawith The Drug Enforcement Administration (DEA) has been tasked with advocating for cannabis reform highlighting the testimony about the medical benefits of marijuana and its relative safety compared to other substances such as alcohol and opioids. It included appearances by a Food and Drug Administration (FDA) scientist and a doctor from New Hampshire. Medical marijuana provides relief to pain patients and can serve as an alternative to opioids.

But Sabet and Barr, who served as Trump’s attorney general from 2019-2020, argued that “the evidence presented at the hearing did not support the rescheduling of marijuana” and instead “confirmed what decades of data have shown: raw marijuana has no scientifically established medical value and is highly susceptible to abuse.”

After the parties to the hearing have filed termination rights, the DEA administrative law judge overseeing the proceedings will make a recommendation regarding rescheduling, and the agency administrator will make a final decision.

DEA Administrator Terrance Cole only organizations and individuals opposed to marijuana reform have been invited to the hearing as a designated participant – telling supporters that they do not meet the definition of “interested person” to participate because they have not been “affected or prejudiced by any rule or proposed rule that may be issued.”

—
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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The former attorney general’s new opinion says “the stakes couldn’t be higher”, arguing that “marijuana today is more dangerous than ever” and that it is “addictive”, throwing out a list of alleged harm to mental and physical health.

“These unhealthy effects are a predictable result of a powerful and addictive drug being normalized, commercialized and marketed as a medicine,” Barr and Sabet say. “It would be one thing if marijuana had medical value. But there is no credible evidence that marijuana is an effective treatment for any medical condition, despite the millions of dollars spent trying to prove otherwise.”

The Department of Health and Human Services (HHS) published a 252 analysis in 2023 that concluded that marijuana had accepted medical value and should be rescheduled.

The new opposition piece also says that “rescheduling would unlock enormous revenue for the corporate marijuana industry by bringing it into a category that has not been covered by a longstanding reduction in federal drug tax deductions,” referring to a law known as 280E, which repeals Sections I and II.

“This, in turn, would allow the industry to spend even more on advertising and marketing to young people,” Barr and Sabet. he wroteArguing that “those who would lose this dragon in society are laying the foundations for another Big Tobacco”.

The Sabet organization, SAM, is one of several parties Challenging the Marijuana Redistricting Process which have been upheld by a federal Court of Appeals. those separate parts State attorneys general have filed lawsuits against cannabis reform, Opponents of marijuana legalization and a a cannabis-based biopharmaceutical corporation.

SAM’s lawsuit was signed by attorneys at Torridon Law PLLC, where Barr is a partner.

The team announced in January that it was Hiring Barr’s firm to fight cannabis rescheduling After Trump signed an executive order directing officials to quickly complete the process.

During the first Trump administration, Barr was accused by a Justice Department official Directing improper anti-company investigations into multiple cannabis company mergers– Accounting for almost a third of the division’s cases in 2019.

Several Democratic members of Congress introduced a resolution calling for an investigation into Barr’s possible impeachment, saying “abused the power of his office” to improperly investigate marijuana businesses while engaging in other allegedly illegal conduct.

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How much red light does cannabis really need?

Published

2 months ago

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July 26, 2026

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When growers pull out two LED fixtures side by side, the first number they usually discuss is percent red. This is an easy specification to fix. They are efficient at producing red photons and incredibly efficient at photosynthesis, and cannabis eats away at the flower. So more red must be better, right?

Not so simple. Red is an input to a spectrum, and the spectrum is an input to a room. There is no single spectrum that wins everywhere. An indoor room pushes hard, a greenhouse that soaks up sunlight, a temperamental cultivar, and aggressive yields call for something different. Knowing what each light strip actually does allows you to choose a tool that fits your grow instead of one that just has a big number on the sales page.

© JumpLights

Blue: structure
Blue (approximately 400-500 nm) gives shape to the plant. It maintains dense growth, strong stems, tight internodes and allows it to develop as desired. It also encourages stomatal opening, so the plant manages water and gas exchange better. Get blue and you’ve built a plant that can carry heavy flowers with no problem.

Green: access
Green was eliminated as the wavelength is “reflected” by plants. It turns out that it does a real job. Blue and red are absorbed above; the green goes deep into the fat and reaches the leaves that are never touched by the above photons. In a compact room, it’s the difference between plants photosynthesising from the top down and those that work only from the top. Green won’t replace your red or blue, but it does carry usable light where they can’t reach.

Red: engine
Red is the horse of the flower. It absorbs as efficiently as anything in the spectrum, and is responsible for most of the biomass you’re after. Redder generally means faster flower development, more weight and better efficiency per watt.

But red has a ceiling, and it’s tied to what you run. Push PPFD upwards with a heavy red spectrum and some cultivars begin to whiten at the top: the flower should be dense with pale, washed tips. Genetics, intensity, barrel temperature and your general environment all feed into it. If you’re using aggressive light levels, a lower red spectrum will buy you room before that becomes a problem, leaving you almost no photosynthetic punch to get it.

Far Red: More than Emerson
Far-red (700-750 nm) appears in more devices every year. It contributes little to photosynthesis on its own, but it moves plant morphology and works with red through the Emerson Enhancement Effect. Used properly, it helps to deepen the light, encourage uniformity of the canopy and encourage the response of the bloom. The key word is small. A touch of far red rounds out a spectrum; he’s not there to make a show.

Matching the red percentage with the room
Cannabis addresses the entire spectrum, not a line on a spec sheet. Reds cause flowers, but blues, greens and crimsons give the plant something it needs. Where you land in red refers to how you grow.

A lower red spectrum (30-40%) captures more blue and green, gives you better morphology, reduces the risk of photobleaching, and holds up when you’re running extreme PPFD. Moderate spectrum (40-55%) is the sweet spot in commercial greenhouses: strong photosynthetic efficiency, strong flowering, balanced growth. A high-red spectrum (70%+) makes the most sense in a greenhouse, where the sun is already giving you lots of blue and green and your supplemental light can cast effective red to fill the gap.

Where does the ETS MAX series fit in?
This is the thinking behind the JumpLights ETS MAX series. Instead of forcing a spectrum into each room, it rarely comes up because a greenhouse and a high PPFD indoor flower room are not the same problem.

  • ETS MAX 4C41% red: for indoor rooms operating at very high intensity, where photobleaching is a real risk. The wider, red bottom balance allows you to push the tops without overcooking them
  • ETS MAX 4A48% red: balanced internal spectrum that maintains high output while controlling bleaching.
  • ETS MAX 5B57% Red: A high-performance indoor option. Moderate red, marked with efficiency and flower at the same time, up to 3,450 μmol/s, with efficiency that holds the spectrum.
  • ETS MAX 7A76% red: built for the greenhouse. The sun already supplies blue and green, so this leans heavily on the complementary red, up to 3,900 μmol/s in the infrastructure most greenhouses already have in place.

Bottom line
Choosing an activity is not a competition for the highest red number. The winning spectrum is the one that matches your environment, your intensity, your genetics, and what you’re trying to produce. Combine spectrum, intensity, environmental control, light distribution and genetics, and you’ve got a lighting strategy. Keep a spec isolated and all you’ve got is a bright room.

The ETS MAX line was created around this idea: choose the spectrum of the room you actually have, indoor or greenhouse, and let the device work with your grow rather than against it.

For more information:
JumpLights
www.jumplights.com

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