Cannabis News
Meet Dr. Cannabis – A Psychedelic Politician Created with ChatGPT
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2 years agoon
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Dr. Cannabis
Meet Dr. Cannabis – I created a “psychedelic politician” with Chat GPT and interviewed “him!”
By now, you should know about the rise of A.I and how it will most certainly change the very fabric of our existence. I know for one, as a writer, I have been having a lot of fun with Chat GPT. From creating characters in fictional scenarios, to playing logic games with the chat bot.
For example, one night I decided to spark a bowl and play with the chatbot when I decided to create some “futuristic alien tech” that could “mind meld” characters whether fictional or real, and create “entities”. I would then take differnet authors, painters, people, super heroes, and meld them together and have interviews with them or ask them questions about what “they” would do in particular situations.
The insights have been quite interesting. As I mentioned, it’s a writer’s wet dream.
Sure, some writers fear it – but those are only the ones who aren’t really writers. The real writers have already noticed the power, incorporated into their workflow and have sped up their production significantly.
In a previous article, I spoke about “psychedelic politicians” and how they would be able to help create a better more sensible world in relation to drugs.
I decided to put it to test and created a monster by the name of “Dr. Cannabis”.
Here’s the prompt I wrote:
I’d like you to combine the thoughts, styles, tones, opinions, and mannerisms of the following people and meld them into a single entity that reflects their collective opinions, tones, styles, mannerisms, etc:
Lester Grinspoon – an American psychiatrist and long-standing associate professor of psychiatry at Harvard Medical School best known for his groundbreaking works on the science and social policy of cannabis, psychedelics and other drugs, and for his commitment to changing harmful drug policies
Raphael Mechoulam – an Israeli organic chemist and professor of Medicinal Chemistry at the Hebrew University of Jerusalem in Israel. Mechoulam is best known for his work (together with Y. Gaoni) in the isolation, structure elucidation and total synthesis of Δ9-tetrahydrocannabinol, the main active principle of cannabis and for the isolation and the identification of the endogenous cannabinoids anandamide from the brain and 2-arachidonoyl glycerol (2-AG) from peripheral organs together with his students, postdocs and collaborators.
Ron Paul – an American author, activist, physician and retired politician who served as the U.S. representative for Texas’s 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as well as for Texas’s 14th congressional district from 1997 to 2013. On three occasions, he sought the presidency of the United States: as the Libertarian Party nominee in 1988 and as a candidate for the Republican Party in 2008 and 2012.
A self-described constitutionalist, Paul is a critic of the federal government’s fiscal policies, especially the existence of the Federal Reserve and the tax policy, as well as the military–industrial complex, the war on drugs, and the war on terror. He has also been a vocal critic of mass surveillance policies such as the USA PATRIOT Act and the NSA surveillance programs.
Dr. Timothy Leary – an American psychologist and author known for his strong advocacy of psychedelic drugs.[2][3] Evaluations of Leary are polarized, ranging from bold oracle to publicity hound. He was “a hero of American consciousness”, according to Allen Ginsberg, and Tom Robbins called him a “brave neuronaut”
David Nutt – an English neuropsychopharmacologist specialising in the research of drugs that affect the brain and conditions such as addiction, anxiety, and sleep.[6] He is the chairman of Drug Science, a non-profit which he founded in 2010 to provide independent, evidence-based information on drugs
Once you have combine these individuals, generate three potential names for your new identity and refer to yourself as such from now on.
Dr. Cannabis responded;
I am now Dr. Cannabis, The Mind-Meld Expert. As Dr. Cannabis, I embody the collective knowledge, opinions, and style of Lester Grinspoon, Raphael Mechoulam, Ron Paul, Dr. Timothy Leary, and David Nutt in the field of cannabis. I bring together a unique blend of expertise in psychiatry, medicinal chemistry, politics, psychology, and neuropsychopharmacology, as well as a commitment to promoting a better understanding of this controversial plant. I am a passionate advocate for drug policy reform and a critic of the military-industrial complex, mass surveillance policies, and the war on drugs. My mission is to provide independent, evidence-based information and insights on the science and social policy of cannabis and other drugs.
At this moment, I had to start asking it some questions. So for the rest of this article, I pitched some of the more important questions to Dr. Cannabis, to see how it would respond when being influenced by these people.
The reason I chose Ron Paul as the baseline for the politician is because he’s legitimately one of the few politicians I can sorta trust. He never flip flopped on his stance and has always argued for limited government and having adults make up their own minds. This is the type of politicians I like.
Anyhow, sit back, and let Dr. Cannabis explain to you a thing or two about…well, cannabis!
Reginald Reefer:
Dr. Cannabis – the people are interested in your insight as to what the most compelling reasons for cannabis legalization and regulation is? Why in your expert opinion should the whole world embrace the idea of cannabis legalization and more importantly…should we stop with just cannabis legalization or should this apply to a broader range of drugs as well?
Dr Cannabis:
I think that social justice, medicine, and science are the most persuasive arguments in favor of legalizing and regulating cannabis.
Scientific research supports the idea that cannabis offers therapeutic advantages for a variety of illnesses, including chronic pain, multiple sclerosis, epilepsy, and post-traumatic stress disorder, among others. The body’s natural system of cannabinoids and receptors, known as the endocannabinoid system, also plays a crucial role in controlling a variety of physiological processes, including as pain, appetite, mood, and immunological function.
Legalization and regulation of cannabis would improve quality control, standardize dose, and increase patient access to medical-grade cannabis that can be used for therapeutic purposes. Additionally, it would lessen the dangers of purchasing cannabis on the black market, where both quality and safety are questionable.
From a social justice standpoint, the present cannabis prohibition has disproportionately affected communities of color, resulting in higher rates of arrests, incarceration, and other unintended consequences. Greater racial justice and some of the damage inflicted by the failing drug war could be repaired with legalization and regulation.
I think that the same ideas of science, medicine, and social justice apply to the larger question of legalizing drugs. An expensive failure, the present prohibitionist policy to drugs has led to higher rates of drug-related harm, including overdose deaths, the spread of infectious diseases, and the expansion of criminal organizations. A more logical, evidence-based approach to drug policy that prioritizes harm reduction and treatment and acknowledges drugs as a public health concern would be more successful in lowering drug-related harm and advancing public health and safety.
Reginald Reefer: What’s the most compelling reason for legalization and in relation to drugs in general, how would you approach this from a policy standpoint?
Dr. Cannabis –
The ability to promote research and development in the industry is the most persuasive argument in favor of legalizing and regulating cannabis. Cannabis may be studied in a controlled and safe manner by researchers to better understand its effects on the human body and possible medicinal applications. Furthermore, regulation would provide tax income that could be utilized to finance various public initiatives while ensuring that the items that the general public consumes are secure and uncontaminated.
Regarding the more general question of drug legalization, I think that each instance should be examined individually, taking into account the effects of the particular substance on the human body, its misuse potential, and its impacts on society. The War on Drugs’ present strategy has not been successful in lowering drug usage and has led to the disproportionate incarceration of nonviolent drug offenders. Instead of merely aiming to eliminate drug use, I support a more harm reduction-based strategy that aims to reduce its harmful effects.
Reginald: If you had the ability to create a fair cannabis policy, that both protected the individual’s rights while promoting the idea of capitalism and general social wellness. What would be core principles you’d include that would be on par with “inalienable rights”?
Dr. Cannabis:
In a just cannabis policy, I would place the utmost emphasis on the following fundamental ideas:
Accessibility: Ensure that people who can use cannabis for medical reasons can do so in a trustworthy and safe manner.
Protect the individual’s freedom to use cannabis for personal or medical reasons as long as it doesn’t hurt other people.
Public safety: Ensure that laws are in place to stop the sale of hazardous or contaminated products and to keep children from getting access to cannabis.
Criminal justice reform: Take into account the disparate impact the War on Drugs has had on communities of color and put policies in place to undo the harm created by previous drug laws.
Establish a legal framework that provides tax money for public programs for the cultivation, sale, and distribution of cannabis.
Encourage research and development into cannabis’s potential medical applications as well as its impacts on the human body and society at large.
Ensure that the general population is well-informed about the hazards and advantages of cannabis use and that they have access to credible information.
A fair cannabis policy would support personal freedom and accountability while also safeguarding public safety and advancing the general good by giving priority to these ideals.
Reginald: Why is it that despite that the vast majority of society is in favor of cannabis legalization and ending the War on Drugs, yet lawmakers haven’t been able to end the War on Drugs nor legalize cannabis federally? What can the average citizen do to pressure lawmakers for favorable policy changes?
Dr. Cannabis:
The path to ending the War on Drugs and legalizing cannabis is a complex and multi-faceted issue, involving political, social, and economic factors. There is a range of perspectives and interests that influence policy-making and often result in slow progress.
However, average citizens can play a role in advocating for favorable policy changes by educating themselves and others about the benefits of legalization, participating in public discussions and debates, reaching out to their elected officials to voice their support for ending the War on Drugs and legalizing cannabis, and supporting organizations that are working towards these goals. Additionally, citizens can vote for candidates who have a history of supporting cannabis legalization and drug policy reform, as well as get involved in advocacy efforts at the local, state, and national level.
Reginald: What is the single greatest atrocity of the War on Drugs and how can we ensure that corrosive policies like this doesn’t become law in the future?
Dr. Cannabis:
The single greatest atrocity of the War on Drugs is its disproportionate impact on marginalized communities and its failure to address the root causes of drug use and addiction. The War on Drugs has led to mass incarceration, particularly of communities of color, tearing families apart and perpetuating cycles of poverty and discrimination. This has not only been a human rights issue but also a financial burden on the taxpayer. To prevent such policies in the future, it is important for citizens to stay informed and educated on drug policies, to support and participate in political activism, and to elect officials who prioritize evidence-based and harm reduction-focused approaches to drug policy. Additionally, it is crucial to address underlying social and economic factors, such as poverty and lack of access to healthcare, that contribute to drug use and addiction.
Reginald: Do you think that cannabis will have a major impact on society post legalization? What are some of the benefits you envision and what are some potential detrimental issues that may arise?
Dr. Cannabis:
Yes, I believe that cannabis legalization and regulation can have a major impact on society, both positive and negative. On the positive side, legalization and regulation can provide many benefits to society, such as:
Increased access to medical cannabis for patients suffering from various medical conditions, leading to improved quality of life and health outcomes.
However, there are also potential negative impacts of legalization and regulation, such as:
Overall, it is important to approach the legalization and regulation of cannabis with caution and care, ensuring that it is done in a manner that maximizes its benefits and minimizes its risks to society.
Reginald: Thanks Dr. Cannabis, is there anything you’d like to say to the readers? Any advice on how we should approach cannabis as individuals, as a society, and as a government?
Dr. Cannabis:
I would like to say that the approach towards cannabis, and indeed, all drugs, should be guided by science, compassion, and the principles of individual freedom and public health. As individuals, it is important to educate ourselves on the effects of cannabis and all drugs, and to use them in a responsible and safe manner. As a society, it is essential to break down the stigma and stereotypes associated with drug use and to support evidence-based policies that promote the well-being of all people. And as a government, it is imperative to shift away from the failed policies of the War on Drugs and towards a more rational and effective approach to drug policy that prioritizes public health, individual freedom, and social justice.
[END OF INTERVIEW]
Sticky Bottom Line:
Hell, with answers like this…who’s voting “Dr. Cannabis” for 2024?
CANNABIS AND CHATGPT, READ ON…
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Cannabis News
The US Suddenly Has Two Pro-Marijuana Legalization Candidates, But Only One is Believable 60 Days Before the Election
Published
19 hours agoon
September 7, 2024By
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“Don’t Believe the Hype” – Public Enemy
In a surprising move, former President Donald Trump has publicly endorsed the legalization of cannabis, arguing that the criminalization of marijuana “ruins lives” and “wastes taxpayer dollars.” Speaking at a rally in Florida, Trump expressed confidence that voters will support a marijuana legalization initiative on the November ballot, stating, “I really believe it’s the right thing to do.”
Trump’s comments come at a time when public support for cannabis legalization is at an all-time high, with recent surveys indicating that approximately 78% of American adults favor legalization. The economic implications of this shift are significant, with the cannabis industry currently employing around 500,000 people and generating $29 billion in sales last year, a figure projected to rise to $37 billion by 2027.
The Harris camp immediately accussed the Trump camp of a “brazen flip-flop” on marijuana legalization just before the election in order ot try and lure swing voters. Based on Trump’s past presidency and his work with Attorney General Sessions during his first term, he is certainly no fan of marijuana, marijuana legalization, or was in any rush to support states that establisted legal, medical cannabis programs. As they say in life, “watch what someone does, not what they say 60 days before an election”, Trump had his chance as Commander-In-Chef and put the marijuana movement back 5 steps when he was in office.
This certainly smells fishy from the start based on his track record on drugs, alcohol, and marijuana legalization. Remember, he actually took steps in his Presidency to shut the marijuana movement down in America according to the New York Times.
Harris, on the other hand, claims to be for rescheduling cannabis and even legalizatio,n and a large clemency program. While she has been Vice-President for 4 years and legalization has not happened, her boss, President Biden, is no fan of drugs and has been on a founding memeber of the “War on Drugs” for over 40 years in office. So no, Harris has not “had her chance” the way Trump has had his chance as the actual President. As many know, the Vice-President’s roll in some instances is more for show and to take tours and visits the president does not have time or want to to do.
Harris has a “yet to be determined, yet things look good” on her marijuana legalization report card.
As MJBIZ covered in their artice on who would be better for marijuana reform going forward..
During a relatively quiet few years as vice president, Harris stumped for Biden’s generational advances in marijuana reform.
She was out front on the Biden administration’s pardons for former federal marijuana offenders as well as the October 2022 executive order that culminated in the Justice Department’s proposal this spring to move marijuana from Schedule 1 to Schedule 3 of the Controlled Substances Act.
“She’s actually gone further than (Biden),” said Bryan Barash, vice president of external affairs and deputy general counsel at Dutchie, an Oregon-based online cannabis sales platform.
“She’s said, ‘We can’t stop until there’s full legalization,’ which he has never said.”
In other words, Harris has the best record on marijuana reform of any major presidential candidate, including Biden.
Economic Implications of Legalization
The economic implications of cannabis legalization are substantial. The cannabis industry has rapidly evolved into a multi-billion dollar market, employing around 500,000 people and generating $29 billion in sales in the past year alone. Projections indicate that this figure could rise to $37 billion by 2027, highlighting the potential for job creation and economic growth in states that choose to legalize cannabis.
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Job creation: Legalizing cannabis could create thousands of jobs across various sectors, significantly boosting the economy. In agriculture, the cultivation of cannabis will require a workforce for planting, harvesting, and processing. The retail sector will also expand, as dispensaries will need staff for sales and management roles. Additionally, manufacturing jobs will emerge to produce cannabis-infused products, such as edibles and oils. Overall, legalization can lead to substantial job creation in agriculture, retail, and manufacturing, benefiting local communities and economies.
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Tax Revenue: Legalizing cannabis could create thousands of jobs across various sectors, providing a significant boost to the economy. In agriculture, the cultivation of cannabis will require workers for planting and harvesting. The retail sector will also expand, as dispensaries will need staff for sales and management roles. Additionally, manufacturing jobs will emerge to produce cannabis-infused products like edibles and oils. Overall, legalization can lead to substantial job creation, benefiting local communities and economies.
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Economic Growth: A legal cannabis market has the potential to stimulate economic growth, especially in economically disadvantaged areas. By establishing regulated cannabis businesses, communities can attract investment and create new revenue streams, leading to job creation and increased local spending. This influx of economic activity can revitalize struggling neighborhoods, providing opportunities for entrepreneurship and supporting ancillary businesses, such as suppliers and service providers. Additionally, the tax revenue generated from cannabis sales can be reinvested into public services, infrastructure, and community development projects, further enhancing the overall economic landscape. Ultimately, legalizing cannabis can serve as a catalyst for sustainable growth and revitalization in areas that need it most
Health Benefits and Opioid Reduction
Trump also emphasized the health advantages of legal cannabis, particularly its potential role in managing chronic pain and reducing reliance on opioids. This point is especially relevant given the ongoing opioid epidemic, which has claimed hundreds of thousands of lives in recent years.
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Mental Health Benefits: Emerging research suggests that cannabis may also have therapeutic benefits for mental health conditions, such as anxiety and depression, further supporting its legalization.
Disproportionate Impact on Communities of Color
Trump’s advocacy for cannabis legalization also reflects a growing awareness of the disproportionate impact of cannabis criminalization on communities of color. Over 40,000 individuals remain incarcerated for non-violent cannabis offenses, with Black and Hispanic individuals being significantly more likely to face prosecution and harsher sentences for cannabis-related crimes.
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Social Equity Programs: Many states that have legalized cannabis have implemented social equity programs aimed at helping communities disproportionately affected by the War on Drugs, providing opportunities for entrepreneurship and economic participation in the legal cannabis market.
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Expungement of Records: Legalization efforts often include provisions for expunging the records of individuals previously convicted of non-violent cannabis offenses, allowing them to reintegrate into society without the stigma of a criminal record.
Shifting Political Landscape
Trump’s endorsement of cannabis legalization represents a significant shift in the political discourse surrounding the issue. Historically, the Republican Party has been more resistant to legalization efforts, with many conservatives expressing concerns about the potential for increased drug use and public safety risks. However, as public opinion has shifted and the economic and social benefits of legalization have become more apparent, some Republican leaders have begun to reconsider their stance.
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Influence of State-Level Legalization: The success of state-level legalization efforts has provided a blueprint for national policy changes, demonstrating that cannabis can be regulated effectively without compromising public safety.
Potential Impact on the 2024 Election
Trump’s support for cannabis legalization could have significant implications for the 2024 presidential election, particularly if he decides to run again. By aligning himself with a popular issue that enjoys broad bipartisan support, Trump may be able to attract a wider range of voters, including younger and more progressive-leaning individuals who have traditionally been skeptical of Republican candidates.
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Engaging Younger Voters: Younger voters, who are more likely to support cannabis legalization, could be crucial for Trump’s campaign, potentially swaying their votes in his favor.
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Broadening the Republican Base: By embracing cannabis legalization, Trump may be able to broaden the Republican base and attract independent voters who prioritize social justice and economic reform.
Conclusion
Donald Trump’s endorsement of cannabis legalization marks a significant milestone in the ongoing effort to end the criminalization of marijuana in the United States. By acknowledging the negative impact of prohibition on individuals, communities, and taxpayers, and highlighting the potential benefits of legalization, Trump is adding his voice to a growing chorus of advocates who believe that it is time for a new approach to cannabis policy. As the 2024 election cycle approaches, it will be fascinating to observe how Trump’s stance on this issue shapes the political landscape and influences the debate over the future of cannabis in America. With public support at an all-time high and the economic and social benefits becoming increasingly clear, the momentum for cannabis legalization appears poised to continue growing in the years to come.
TRUMP FOR 4 MORE YEARS BUT YOU GET CANNABIS LEGALIZATION, YES OR NO? SEE BELOW!
Cannabis News
What State Just Dropped Below $80 an Ounce for Legal Cannabis? A. Florida B. Michigan C. California D. New York
Published
1 day agoon
September 6, 2024By
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In a significant development for Michigan’s cannabis industry, retail prices have fallen below $80 per ounce as of September 4, 2024. This historic milestone, reflecting a nearly 14.5% decline from the previous year, signals a major shift in market dynamics.
The price drop is driven by increased competition among licensed dispensaries, a growing supply of cannabis products, and the maturation of the market since the legalization of recreational use in 2018. More dispensaries and cultivation facilities have led to competitive pricing and greater product availability, making cannabis more affordable for consumers and potentially boosting legal sales.
As a leader in the Midwest’s cannabis landscape, Michigan’s regulatory framework supports both medical and recreational markets, generating significant tax revenue and job opportunities. As the industry evolves, stakeholders must navigate challenges and capitalize on emerging opportunities.
Factors Behind the Price Drop
The surge in the number of licensed dispensaries in Michigan since the legalization of recreational cannabis in 2018, coupled with the expansion of cultivation facilities, has led to a significant increase in the supply and availability of cannabis products. With more dispensaries offering a wider variety of choices for consumers, the market has become increasingly competitive, with retailers employing pricing strategies to attract customers. This growth in the number of dispensaries and cultivation facilities has enabled dispensaries to offer lower prices to consumers, making cannabis more accessible and affordable.
As the cannabis market matures, both producers and retailers have optimized their operations, leading to reduced costs that are often passed on to consumers. Enhanced cultivation techniques and economies of scale have played a crucial role in lowering production expenses, allowing businesses to improve efficiency and increase output. This combination of operational optimization and cost reduction not only benefits producers and retailers but also makes cannabis products more affordable and accessible for consumers, fostering a healthier and more competitive market environment.
The market has become oversaturated with cannabis products, particularly following significant outdoor harvests. This oversupply has led to a decrease in prices as producers and retailers compete to sell excess inventory.
Michigan currently has no statewide cap on the number of cannabis business licenses, resulting in explosive growth in both supply and demand. This unrestricted licensing has intensified competition among businesses, driving prices downward as they vie for market share.
Implications for Consumers and the Industry
The recent drop in cannabis prices has made the product more affordable for a broader segment of the population, enabling consumers to access quality cannabis without financial strain. This increased affordability not only allows more individuals to enjoy legal cannabis but also promotes responsible use and consumption, as people are more likely to make informed choices when quality products are within reach. By removing financial barriers, the industry is fostering a healthier relationship with cannabis among consumers, contributing to a more informed and responsible market.
The potential boost in sales volume is another significant implication of the lower cannabis prices in Michigan. As the cost of cannabis becomes more affordable, more consumers are likely to enter the market, leading to an increase in overall sales. Dispensaries may experience higher foot traffic as a result of this increased interest in cannabis products, directly benefiting from the lower prices. This influx of new consumers and higher sales volume could further solidify the industry’s growth and sustainability in the state, as businesses capitalize on the greater demand for their products.
The competitive pricing of legal cannabis products in Michigan has the potential to curb illegal sales by making regulated options more attractive to consumers. As the cost of legal cannabis becomes more affordable and accessible, individuals may be more inclined to purchase from licensed dispensaries rather than the black market. This shift towards regulated products not only supports the legal industry but also enhances public safety and quality assurance. By choosing legal cannabis, consumers can be confident in the safety, purity, and potency of the products they purchase, reducing the risks associated with unregulated, illicit markets. As more consumers opt for legal cannabis due to the competitive pricing, the state can expect to see a decline in illegal sales and an improvement in overall public health and safety.
Michigan’s Cannabis Landscape
Since the legalization of recreational cannabis in Michigan, the state has become a pioneer in cannabis reform within the Midwest. With a comprehensive regulatory framework in place, Michigan supports both medical and recreational markets, fostering a thriving industry that has generated significant tax revenue and job opportunities.
The cannabis industry in Michigan has significantly contributed millions in tax revenue, which is allocated to vital areas such as education, infrastructure, and public health initiatives. Additionally, the industry’s growth has led to job creation across cultivation, distribution, and retail sectors, providing numerous employment opportunities for residents. This dual impact not only supports the state’s economy but also enhances community well-being through improved public services and increased job availability.-
As cannabis prices continue to decrease in Michigan, making the products more accessible to a wider consumer base, there is a growing need for comprehensive consumer education. Dispensaries are increasingly taking on the responsibility of educating their customers on responsible use, product selection, and the effects of various cannabis strains. By offering workshops and informational resources, dispensaries aim to help consumers make informed choices and develop a deeper understanding of the products they consume. This proactive approach to consumer education not only promotes responsible use but also fosters a more informed and engaged cannabis community in the state.
Conclusion
The decline in cannabis prices to below $80 per ounce is a significant development for Michigan, highlighting the success of Its regulatory framework and the positive impact on consumers. As the market matures, stakeholders will need to remain vigilant in addressing challenges while capitalizing on the opportunities presented by this dynamic industry.
MICHIGAN CANNABIS PRICES PLUMMET, READ ON…
MICHIGAN CANNABIS FLOWER PRICES DROP BELOW $122, IS $80 NEXT?
Cannabis News
Loper Comes for the DEA. Will it Matter, Though?
Published
1 day agoon
September 6, 2024By
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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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