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Loper Comes for the DEA. Will it Matter, Though?

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Earlier this week, the federal Fourth Circuit Court of Appeals, in a case entitled Anderson v. Diamondback Investment Group, LLC, handed the DEA a big loss when it comes to hemp – at least for now. In Anderson, the court held that DEA’s interpretation that a host of hemp-derived products were illegal was essentially wrong. Today I want to talk about why Anderson is – and isn’t really – important.

Anderson, as I wrote more than a month ago, was based in relevant part on Loper Bright Enterprises v. Raimondo, a 2024 US Supreme Court decision. Here’s what I said then:

Loper ended what’s often referred to as “Chevron deference.” To vastly oversimplify, Chevron deference required federal courts to defer to reasonable agency interpretations of ambiguous statutes, even if courts did not agree with those interpretations. With Chevron dead, courts will not be required to defer to agencies and courts can decide, on their own, whether an agency’s interpretation was within its statutory authority.

Ever since Loper was decided, there have been a million different theories on how it could affect the cannabis and hemp industries. [For the record, I agree with folks like Shane Pennington who argue that Loper will not affect rescheduling.]

When it comes to hemp though, Loper may in theory have more of an impact, as my colleague, Vince Sliwoski, argued prior to Loper‘s publication. That’s because the DEA routinely issues what amount to opinion letters as to whether this or that cannabinoid is or is not a schedule I narcotic. Under Loper, if there were any statutory ambiguity, the DEA’s interpretation would no longer be given deference. That’s not to say that the DEA might not prevail, but it means the deck would be less stacked in DEA’s favor.

And that is essentially what happened in Anderson. Without getting into the factual weeds of the case, an employee had been terminated after drug tests allegedly showed marijuana use. She sued, in part claiming that she used legal hemp-derived products. The court ultimately held that she had failed to provide they were legal because she did not introduce sufficient evidence that the hemp products had less than 0.3% delta-9 THC.

However, for purposes of this post, the important part of the Anderson decision was its discussion of the 2018 Farm Bill and DEA’s interpretations of the legality of various cannabinoids under that law. One specific cannabinoid that the court analyzed was THC-O, which does not occur naturally but is created from hemp derivatives.

For years, there has been a heated debate as to whether hemp-derived products like delta-8 THC are considered “hemp” under the 2018 Farm Bill. The debate centers around whether these products are “synthetic” because they are derived from other cannabinoids. This is important because DEA considers synthetic cannabinoids to be controlled substances.

A few years ago, in AK Futures LLC v. Boyd Street Distro, LLC, the Ninth Circuit Court of Appeals addressed the issue (albeit in a much different context), and held that delta-8 THC products derived from hemp with less than 0.3% THC were legal under the 2018 Farm Bill.

Importantly, Anderson found AK Futures persuasive, holding:

“we think the Ninth Circuit’s interpretation of the 2018 Farm Act is the better of the two. And we’re free to make that determination ourselves, despite a contrary interpretation from the DEA, because we agree with the Ninth Circuit that [the 2018 Farm Bill’s definition of hemp] is unambiguous . . ., and because even if it were ambiguous, we needn’t defer to the agency’s interpretation [as a result of the Loper decision].”

Crucially, Anderson held that “rather than originating from organic matter—like the hemp-derived cannabinoids at issue—, synthetic cannabinoids are just that: compounds manufactured entirely out of synthetic materials.”

To summarize all of this, according to the Fourth Circuit, if a product is derived from hemp and does not contain more than 0.3% THC, it is legal. This includes things pulled directly from the plant, or things like delta-8 THC which may take other processes to produce. But, any cannabinoid derived purely from synthetic materials would not be considered “hemp” under the 2018 Farm Bill.

All of that said, Anderson probably won’t matter much. As I noted in in July:

[A]ll of [the discussion about Loper] is almost certainly academic – at least if Congress passes the Farm Bill with proposed amendments that would ban intoxicating hemp products. If that happens, the DEA won’t need to opine on the legality of many (if not most or all) intoxicating hemp products. The law would have already changed to prohibit them expressly.

But what happens if the upcoming Farm Bill doesn’t contain bans on intoxicating hemp products? Things will almost certainly not end there. The FDA, which has been hostile to many hemp products since the day the 2018 Farm Bill was passed, could simply claim products are adulterated or misbranded and seek to pull them from the market. It does this with kratom, which is an unscheduled plant, and there’s no reason why it could not do it here (subject again to FDA having to prove its case in a post-Loper court challenge).

And, as I noted, federal law isn’t the only thing that matters:

Things are also not looking great for intoxicating hemp products at the state and local levels. The State of Virginia, for example, just levied nearly $11 million in fines against more than 300 retailers allegedly selling state-prohibited intoxicating hemp products. Out west, the Colorado attorney general sued a business in June for allegedly selling super-high THC products marketed as federally legal hemp.

We also assume that there is a lot of local enforcement actions that go under the radar – things like state or local public health officials pulling products from shelves or warning stores. That can be harder to track if for no other reason than it doesn’t often make the news. We also assume that a lot of the reports concerning enforcement against alleged illegal marijuana stores or operators, including in places like New York, may miss the legal nuances between intoxicating hemp products and illegal cannabis products.

In sum, the intoxicating cannabinoid industry just won the battle with DEA, but it’s probably not going to win the war.



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Laying to Rest the Lazy Stoner Stereotype Once and for All with Research Facts and Figures

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Laying to rest the Lazy Stoner Stereotype with Facts!

We’ve all heard it before: smoke weed, and you’ll become a lazy, unmotivated bum. The image is vivid – a glassy-eyed stoner sprawled on a couch, surrounded by pizza boxes, with a suspicious crust on their sweatpants that may or may not be dried Ranch dressing. This stereotype has been hammered into our collective consciousness for decades, from “Reefer Madness” to those infamous “This is your brain on drugs” PSAs.

But here’s the thing: anyone who’s actually indulged in the sacred herb knows this caricature is about as accurate as a weather forecast from a magic 8-ball. Yet, this lazy stoner trope has persisted, clinging to our culture like that mysterious stain on your favorite smoking shirt.

So, how true is all this anti-weed propaganda? Spoiler alert: about as true as the claim that your cat is secretly plotting world domination (though I’m still keeping an eye on Mr. Whiskers, just in case).

Turns out, science has a different story to tell. Recent research is blowing holes in these long-held myths faster than you can say “pass the bong.” Not only is the lazy stoner stereotype not based on facts, but evidence suggests that cannabis might actually help with motivation in the long run. Mind-blowing, right?

In this article, we’re going to roll up our sleeves (and maybe a joint) and dig into these common myths. We’ll lay them to rest with cold, hard facts and explore how cannabis can be a friend to productivity, not its sworn enemy. So, grab your favorite snack (munchies are real, after all), get comfortable, and prepare to have your mind expanded – and not just in the way you’re used to. It’s time to debunk the lazy stoner myth once and for all!

Let’s roll up our sleeves and dig into the nitty-gritty of these persistent stoner stereotypes. Like that one friend who still thinks the Earth is flat, these myths have stuck around way past their expiration date. But fear not, fellow cannabis enthusiasts – we’re about to drop some truth bombs that’ll make even the most ardent prohibitionists scratch their heads.

Myth #1: Weed Makes You Lazy and Unmotivated

Ah, the classic “lazy stoner” trope. You’ve seen it in countless movies – the glassy-eyed pothead who can’t seem to peel themselves off the couch. But according to recent research published in Social Psychological and Personality Science, this stereotype is about as accurate as a stormtrooper’s aim.

The study found that while being high might make you a bit less organized or more impulsive, it doesn’t turn you into a motivation-less blob. Lead author Michael Inzlicht emphasized, “These things can detract someone from getting stuff done, but we didn’t find it made them less hard-working, responsible or able to focus.” In other words, you might misplace your keys more often when you’re high, but you’re not going to suddenly forget how to be a functional human being.

Myth #2: Weed Kills Your Work Ethic

Another popular myth is that cannabis users are less willing to put in effort or work hard. However, the same study found “little evidence for an association between being high and a lack of motivation among cannabis users.” Turns out, stoners are just as willing to exert effort as they are when sober. So the next time someone accuses you of being a slacker because you enjoy a toke, you can confidently tell them that science begs to differ.

Myth #3: The “Weed Hangover” Will Ruin Your Next Day

We’ve all heard horror stories about the dreaded “weed hangover” – the idea that even after the high wears off, you’ll be left feeling sluggish and off your game. But guess what? The research found no evidence of any lasting “next-day effects” on emotions, motivation, or overall mental state. Once the high is over, so are its immediate impacts. Unlike alcohol, which can leave you hugging the porcelain throne the next morning, cannabis lets you wake up ready to seize the day.

So why do these myths persist? Well, it’s a classic case of prohibition-era propaganda meeting the stubbornness of the human psyche. These stereotypes were carefully crafted and disseminated during the height of anti-drug campaigns, designed to scare people away from the devil’s lettuce. The narrative of the lazy, unmotivated stoner was a powerful tool in the war on drugs, playing on fears of lost productivity and moral decay.

But here’s the kicker – even in the face of mounting scientific evidence, these myths refuse to die. Why? Because it’s far easier to program a mind than to deprogram it. Once a narrative takes root in the collective consciousness, it’s like a particularly stubborn weed (pun intended). It takes time, effort, and a whole lot of factual fertilizer to uproot these deeply ingrained beliefs.

Moreover, these stereotypes serve a purpose for those who benefit from prohibition. Big Pharma, the alcohol industry, and certain political interests have a vested stake in keeping cannabis stigmatized. After all, a populace that discovers the benefits of a natural, relatively harmless substance might start questioning other aspects of the status quo.

But fear not, my fellow cannabis connoisseurs. With each new study, each personal testimony, and each successful legalization effort, we chip away at these outdated myths. It may take time, but the truth has a funny way of coming out – kind of like how you can never quite hide the smell of good weed.

So let’s keep spreading the facts, challenging the stereotypes, and showing the world that cannabis users can be just as motivated, productive, and successful as anyone else. Who knows? Maybe one day, the only place we’ll see the “lazy stoner” stereotype is in cheesy old movies, right next to rotary phones and floppy disks.

Now, let’s blow your mind like a well-packed bowl – what if we could use weed to hack our motivation? That’s right, we’re about to turn the “lazy stoner” stereotype on its head faster than you can say “puff, puff, pass.”

While it’s true that being high might make you a bit more impulsive, here’s a little secret: that impulsivity can be your best friend when it comes to getting started on tasks. And let’s face it, starting is often the hardest part. How many times have you stared at a blank document, willing the words to magically appear? Well, a little herbal encouragement might be just what you need to break through that initial barrier.

Here’s the thing about weed – it has an uncanny ability to help you see what truly matters in your life. It’s like a BS detector for your soul. If you’re lacking motivation for something, cannabis isn’t going to magically make you want to do it. Instead, it’s going to nudge you towards what you genuinely want to do. This is why a musician can lose themselves in their guitar for hours while high, but might rather watch paint dry than do their taxes.

So, weed isn’t necessarily a motivation creator, but more of a motivation enhancer. It’s like a magnifying glass for your interests and passions. If you want to use cannabis to motivate yourself, the key is to first find the spark of motivation within the work you need to do. Once you’ve identified that, let Mary Jane work her magic to fan those flames.

Now, if you’re really struggling to find that initial push, here’s a pro tip: use cannabis as a reward rather than a kickstarter. Save that toke for when you’re done with your work. Suddenly, the prospect of a well-earned high becomes the carrot at the end of the stick. You’ll be amazed at how quickly you can plow through your to-do list when there’s a joint waiting for you at the finish line.

And here’s the beautiful part – once you get started and see progress, it’s often hard to stop. It’s like your brain gets into a groove, and before you know it, you’re in the zone. You might even forget about that reward joint for a while (but don’t worry, it’ll still be there when you’re done).

Of course, this method isn’t one-size-fits-all. Everyone’s relationship with cannabis is unique, like a fingerprint but way more fun. For me, it’s been a game-changer. I use smoking as a reward when I’ve done good work, and sometimes, I’ll indulge during the creative process – especially if I’m doing something like 3D modeling where a little extra creativity boost can work wonders.

The key is to experiment and find what works for you. Maybe you’re most productive when you microdose throughout the day. Perhaps you prefer to save it all for a big end-of-week celebration. The beauty of cannabis is its versatility – it can be molded to fit your lifestyle and work habits.

So next time someone tries to tell you that weed and motivation don’t mix, you can laugh it off. Not only can cannabis coexist with a productive lifestyle, but when used mindfully, it can actually enhance your motivation and creativity. It’s all about finding the right balance and using this magical plant as a tool rather than a crutch.

Remember, the goal isn’t to be high all the time – it’s to use cannabis to enhance your life and work, not to escape from it. So go forth, experiment, and may your days be productive and your nights be dank!

INSPIRATION TO THE ARTICLE: https://www.forbes.com/sites/traversmark/2024/09/07

/a-psychologist-debunks-the-single-greatest-myth-about-marijuana/

 

LAZY STONER MYTHS DEBUNKED, READ ON..

LAZY STONER MYTH

TURNS OUT BECOMING A LAZY STONER ISN’T A REAL THING!

 

 



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Top Natural Tobacco-Free Leaf Wraps for Cannabis in 2024

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For cannabis smokers seeking the purest and most natural way to enjoy their herbs, King Palm offers the ultimate solution. Renowned for their commitment to high quality and purity, King Palm’s natural, tobacco-free leaf wraps and hand-rolled cones provide an unmatched smoking experience. Free from pesticides and impurities, King Palm ensures that every puff you take is as clean and flavorful as nature intended.

Unmatched Quality & Diverse Sizes

At King Palm, quality is never compromised. Each natural pre-rolled cone and leaf wrap is meticulously hand-rolled, guaranteeing a smooth and consistent burn every time. Our tobacco-free wraps are crafted from the finest natural leaves, ensuring your cannabis is free from any harmful pesticides or impurities. This dedication to purity means you can enjoy your cannabis without worrying about unwanted additives.

Understanding that every cannabis smoker has unique preferences, King Palm offers a diverse range of sizes to perfectly match your lifestyle:

  • Rollie – 0.5g
  • Mini Roll – 1g
  • Slim Roll – 1.5g
  • Slim Extendo – 3g
  • King Roll – 2g
  • King Extendo – 4g
  • XL Roll – 3g
  • XXL Roll – 5g
  • XXXL Roll – Limited Edition – 10+g

Whether you prefer a quick smoke or a longer, more indulgent session, King Palm has the perfect size to accommodate your needs. Each weight listed represents the capacity each pre-rolled cone can hold, ensuring you get exactly what you need every time.

Exquisite Flavors for Every Taste

Enhance your cannabis experience with King Palm’s exquisite range of flavors. From the zesty Lemon Haze to the rich Berry Terps and the indulgent fusion flavor 25 minis, there’s a flavor to complement every preference. Each flavor is carefully infused into the natural leaf, providing a delightful taste that enhances your cannabis without overpowering it.

Pure and Natural Leaf Filter Tips

King Palm takes purity to the next level with their Natural Flavored Filter Tips. Crafted from 100% natural leaf, these filter tips are tobacco-free and nicotine-free, offering a health-conscious choice for cannabis smokers who prioritize both flavor and well-being.

Key Features:

  • Innovative Squeeze-to-Pop Design: Enjoy effortless usage with a design that makes smoking seamless and enjoyable.
  • Hand-Rolled Perfection: Each filter tip is meticulously crafted to ensure consistency and quality in every puff.
  • Natural Flavor Infusion: Enhance your smoking experience with subtle flavor notes that complement your cannabis.
  • Eco-Friendly Choice: Made from natural materials, King Palm’s filter tips are a sustainable option for the environmentally conscious smoker.
  • Effortless Usage: Designed for ease, these filter tips provide a superior experience without any hassle.

Free from Pesticides and Impurities

King Palm is dedicated to providing cannabis smokers with the purest smoking experience possible. Our natural leaf wraps and filter tips are free from pesticides and impurities, ensuring that what you inhale is nothing but the best. By choosing King Palm, you’re opting for a cleaner, healthier way to enjoy your cannabis.

A Flavor for Every Mood

King Palm’s diverse flavor offerings ensure there’s something for every mood and occasion:

  • Citrus Sensations: Lemon Haze, Lemon Kiwi, Pink Lemonade
  • Sweet Indulgences: Banana Cream, fusion flavor 25 minis, Rich Chocolate, Strawberry Shortcake
  • Fruity Favorites: Berry Terps, Blue Grape, Green Apple, Watermelon Wave
  • Exotic Blends: Guava The Great, Honey Mango, Magic Mint, Peach Pineapple
  • Unique Twists: Irish Cream, Margarita, Pumpkin Cream, Red Reign

Each flavor is available in various pack sizes, including mini rolls, front pouches, and limited edition options, making it easy to find the perfect match for your taste.

Ready to Experience the Purest Smoke?

King Palm invites you to transform your cannabis smoking experience with their premium, tobacco-free leaf wraps and natural pre-rolled cones. Embrace a cleaner, smoother, and more flavorful journey that aligns with your commitment to purity and premium quality. Whether you’re rolling at home or on the go, King Palm ensures every moment is elevated with superior quality and exceptional variety.

Shop Now and discover why King Palm is the go-to brand for natural, hand-rolled leaf wraps for cannabis smokers in 2024. Elevate your smoking moments with King Palm—where quality meets purity. Also, explore their highly rated weed grinders, which include affordable high quality options.



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We Need to Legalize Weed and Decriminalize Smoking It

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Kamala Harris Says ‘We Need To Legalize’ Marijuana For First Time As Democratic Presidential Nominee

In a groundbreaking moment for her presidential campaign, Vice President Kamala Harris has publicly declared the need to legalize marijuana, a statement that has reverberated across the political landscape. During her recent appearance on the popular podcast “All the Smoke,” she stated unequivocally, “We need to legalize it and stop criminalizing this behavior.” As Marijuana Moment covered, this declaration not only highlights her commitment to cannabis reform but also positions her as a progressive leader within the Democratic Party as she prepares for the 2024 presidential election.

 

Harris’s comments come at a time when public perception of marijuana is shifting dramatically. With a growing number of states legalizing cannabis for recreational and medicinal use, and an increasing number of Americans supporting legalization, Harris’s stance may resonate with voters who prioritize social justice and criminal reform. This article delves into the implications of her statement, the historical context surrounding marijuana legalization, and what this means for her campaign and the broader political landscape.

 

The Historical Context of Marijuana Legalization

 

 A Brief Overview

 

The journey toward marijuana legalization in the United States has been long and fraught with controversy. Cannabis was widely used in the early 20th century for medicinal purposes until it became stigmatized during the 1930s. The passage of the Marihuana Tax Act of 1937 effectively criminalized its use, setting off decades of punitive drug policies that disproportionately affected communities of color.

 

The War on Drugs, initiated in the 1980s, further entrenched these disparities, leading to mass incarceration rates that continue to impact millions of Americans today. According to the American Civil Liberties Union (ACLU), Black individuals are nearly four times more likely to be arrested for marijuana possession than their white counterparts, despite similar usage rates.

 

Shifting Attitudes

 

In recent years, public attitudes toward marijuana have shifted dramatically. A Gallup poll from 2023 revealed that 68% of Americans support legalizing cannabis, up from just 12% in 1969. This shift is particularly pronounced among younger voters, with nearly 80% of those aged 18-29 favoring legalization. As more states move toward legalization 33 states and Washington D.C. have legalized medical marijuana, while 21 states have legalized recreational use the conversation around cannabis is evolving.

 

Kamala Harris’s Position on Marijuana

 

A Longstanding Advocate

 

Kamala Harris has been vocal about her support for marijuana legalization long before her recent podcast appearance. As California’s Attorney General from 2011 to 2017, she faced criticism for her handling of marijuana-related offenses; however, she later shifted her stance to advocate for reform. In 2018, she co-sponsored the Marijuana Justice Act, which aimed to decriminalize cannabis at the federal level and expunge nonviolent marijuana convictions.

 

Harris’s advocacy is rooted in a belief that legalization can address systemic inequalities perpetuated by decades of harsh drug laws. By advocating for legalization and expungement, she aims to rectify past injustices and create economic opportunities for those disproportionately affected by cannabis prohibition.

 

The Podcast Declaration

 

During her appearance on “All the Smoke,” hosted by former NBA players Matt Barnes and Stephen Jackson, Harris articulated her vision for a future where marijuana is legalized nationwide. She emphasized that “the war on drugs has failed” and highlighted how legalization could benefit communities historically marginalized by punitive drug policies.

 

Her statement is significant not only because it reinforces her commitment to social justice but also because it distinguishes her from President Biden, who has not fully endorsed legalization despite expressing support for decriminalization and expungement efforts.

 

Implications for Her Campaign

 

 

Harris’s declaration could energize young voters who prioritize social justice issues and are more likely to support candidates advocating for cannabis reform. As seen in previous elections, younger voters have become increasingly influential in shaping electoral outcomes. By aligning herself with their views on marijuana legalization, Harris may enhance her appeal among this demographic.

 

 

Legalizing marijuana aligns with broader criminal justice reform efforts that many Democrats advocate. By framing cannabis legalization as part of a larger strategy to address systemic racism and inequality within the justice system, Harris can position herself as a candidate committed to meaningful change.

 

 

As a leading figure in the Democratic Party, Harris’s stance on marijuana could influence party dynamics leading up to the primaries. While some moderate Democrats may be hesitant about full legalization due to potential backlash from conservative voters, Harris’s bold declaration could encourage other candidates to adopt similar positions or risk alienating progressive voters.

 

 The Broader Political Landscape

 

 Bipartisan Support for Legalization

 

Interestingly, support for marijuana legalization is not confined to one political party. Recent polls indicate that a significant portion of Republicans also favors legalization. This bipartisan support presents an opportunity for candidates like Harris to appeal to a wider audience by framing cannabis reform as an issue that transcends party lines.

 

Economic Opportunities

 

Legalizing marijuana has economic implications as well. The cannabis industry has emerged as a lucrative market, generating billions in revenue and creating thousands of jobs across various sectors. By advocating for legalization, Harris can highlight potential economic benefits that resonate with both liberal and conservative voters concerned about job creation and economic growth.

 

 Public Health Considerations

 

While advocating for legalization, it is essential to address public health concerns associated with increased access to marijuana. Critics often raise issues related to addiction rates and mental health effects. Harris’s campaign will need to navigate these concerns carefully by promoting responsible use and emphasizing education around potential risks while advocating for regulation similar to alcohol and tobacco.

 

 Conclusion

Kamala Harris’s declaration that “we need to legalize” marijuana marks a pivotal moment in her presidential campaign and reflects broader societal shifts regarding cannabis use. As she positions herself as a progressive leader advocating for social justice and economic opportunity through marijuana reform, her stance may resonate deeply with voters seeking change. As we approach the 2024 election cycle, it will be fascinating to observe how this issue evolves within political discourse. Will other candidates follow suit? How will public opinion continue to shift? One thing is clear: Kamala Harris’s commitment to legalizing marijuana signals a new chapter in American politics one where progressive values intersect with pressing social issues. As Harris continues her campaign trail with this renewed focus on cannabis reform, it remains essential for voters to engage critically with these discussions and consider how policies around marijuana can shape not only individual lives but also communities across America. In conclusion, Kamala Harris’s bold assertion during “All the Smoke” encapsulates a growing movement toward normalization and acceptance of cannabis use in America a movement that reflects changing attitudes toward drug policy and social justice at large. As we look forward to the upcoming election cycle, one can only hope that this conversation continues to evolve toward greater understanding and equity in our society.

 

SUPPORT FOR CANNABIS LEGALIZATION GROWS, READ ON…

70% SUPPORT CANANBIS LEGALIZATION

ALMOST 70% OF AMERICANS NOW SUPPORT LEGALIZATION!



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