Cannabis News
The Complete Guide to Building a Cannabis Brand with AI in 2024 and Beyond
Published
6 months agoon
By
admin
Practical Guide: Let’s build a Marijuana Brand using AI
Cannabis legalization is knocking on the door, and it’s just a matter of time before the powers that be realize they can’t keep this miracle plant under lock and key forever.
Sure, they might reschedule it, but mark my words, we’ll see full-blown descheduling in our lifetime. It might take a decade or two, but change is coming, and it’s coming fast.
Now, let’s talk about another game-changer: Artificial Intelligence. AI has been quietly infiltrating our lives, taking over the mundane tasks we used to slave over. It might not be perfect, but with a little human touch, AI can become one hell of an asset.
Just imagine the possibilities when we harness its power for our own benefit.
Sam Altman, the mastermind behind OpenAI, dropped a bombshell when he said the first solopreneur billionaire would be born from AI.
That’s a bold claim, but I believe it.
So, why not jump on this train and merge two of the hottest trends out there? Picture this: your very own cannabis brand, powered by the limitless potential of AI.
In this wild ride of an article, we’re going to walk you through the steps to make this dream a reality. We’ll dive into the nitty-gritty of building a brand from the ground up, all while leveraging the power of AI to give you a serious edge in the market.
So, buckle up, because we’re about to embark on a journey that could change your life. Are you ready to become the cannabis kingpin of the AI age?
Let’s find out.
Building a brand might seem like a daunting task, but let me tell you something: it’s easier than you think, especially when you’ve got AI on your side. With the right tools and a little bit of know-how, you can create a brand that stands out in the crowded cannabis market.
Here’s the deal, we’re going to break it down into nine fundamental steps:
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Research Your Market and Audience
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Define Your Brand Identity
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Choose Your Brand Name and Logo
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Create Your Brand’s Voice and Messaging
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Design Visual Elements
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Build Your Online Presence
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Implement Your Brand Strategy
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Promote Your Brand
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Monitor and Adapt
We’re going to walk you through each of these steps, holding your hand the entire way. And here’s the best part: we’re going to build a faux brand together. That’s right, we’re going to create a brand from scratch, just to show you how it’s done. And if someone out there likes what they see and wants to run with it, be my guest. I won’t stand in your way.
So, are you ready to dive into the exciting world of cannabis brand building? I know I am. Let’s embark on this journey together and see where it takes us. Who knows, you might just end up with the next big thing in the cannabis industry. And if not, well, at least you’ll have a damn good time trying.
Alright, let’s talk about researching your market and audience. Now, I know what you’re thinking: “Research? That sounds like a lot of work.” But here’s the thing, with AI, it’s a breeze.
First up, you can use AI to gather data on your target market. We’re talking demographics, preferences, and buying habits. All the juicy details you need to create a brand that resonates with your audience.
But why stop there? You can even use AI to create a virtual stoner and interview them. That’s right, you can pick their brain and figure out what makes them tick. What are their pain points? What do they need? What do they desire? AI can help you get inside their head and understand what they value and how they communicate.
Now, I know you’re itching to get started, so here’s a SUPER PROMPT to help you out:
“Create a detailed persona of a typical cannabis user in [your target market]. Identify their demographics, preferences, pain points, needs, desires, values, and main forms of communication. Use this information to guide your brand’s research and development.”
Plug that into your favorite language model, and watch the magic happen. Trust me, with AI on your side, researching your market and audience has never been easier.
Now, let’s dive into brand identity.
This is where the rubber meets the road, and you get to define who you are as a brand. But before you start throwing around fancy words like “mission” and “vision,” you need to take a step back and understand what it is you’re actually selling.
Are you peddling products? Services? A little bit of both? Once you’ve got that figured out, you can start aligning your brand identity with your target market.
Now, let’s talk about your brand’s mission, vision, and core values. This is the stuff that’s going to set you apart from all the other cannabis brands out there. What do you stand for? What do you believe in? What makes you unique? These are the questions you need to answer if you want to create a brand that people can get behind.
But here’s the thing, you can’t just say you’re different. You need to prove it. That’s where your unique value proposition comes in. What sets you apart from the competition? Is it your superior product? Your commitment to sustainability? Your killer customer service? Whatever it is, make sure it’s something that your target market actually cares about.
Now, I know you’re probably thinking, “This sounds like a lot of work.” But don’t worry, I’ve got you covered. Here’s a SUPER PROMPT to help you get started:
“Create a brand identity for a cannabis company targeting [your target market]. Define the company’s mission, vision, and core values, and identify its unique value proposition. Ensure that the brand identity aligns with the target market’s needs, desires, and values.”
Plug that into your favorite AI tool, and watch as your brand identity takes shape. Remember, your brand identity is the foundation of everything you do, so take the time to get it right.
Alright, so you’ve got your brand identity all figured out. Now it’s time to put a name and a face to it. And by face, I mean logo. But don’t worry, you don’t need to be some kind of creative genius to come up with a killer brand name and logo. That’s what AI is for.
First up, let’s talk about your brand name. You want something that’s memorable, easy to pronounce, and reflects your brand identity. But coming up with a name can be tough. That’s where AI comes in. You can use tools like namelix.com or Jasper.ai to generate hundreds of potential names based on your brand keywords and preferences. And the best part? You don’t have to sift through all the terrible ones yourself. AI will do that for you.
But a name is just the beginning. You also need a color palette that reflects your brand’s personality and values. Again, AI has got you covered. Tools like Khroma.co and Coolors.co can generate color palettes based on your brand keywords and preferences. And if you’re feeling extra lazy, you can even use AI to suggest a logo based on your brand name and color palette.
But hold up, I know what you’re thinking. “How do I come up with a prompt for an image generator?” Don’t worry, that’s where language models like ChatGPT come in. You can use them to generate prompts based on your brand identity and preferences. Something like: “Generate a logo for a cannabis brand called [your brand name] using the colors [your color palette]. The logo should reflect the brand’s [your brand values] and appeal to [your target market].”
And just like that, you’ve got a complete brand identity, courtesy of AI. But don’t just take my word for it. Here’s a SUPER PROMPT to help you achieve all of this in one go:
“Create a complete brand identity for a cannabis company targeting [your target market]. Generate a brand name, color palette, and logo that reflects the brand’s mission, vision, and core values. Provide the final results in a single, cohesive brand identity document.”
Plug that into your favorite AI tool, and watch as your brand comes to life.
Alright, let’s talk about your brand’s voice and messaging. This is where you get to let your personality shine through and really connect with your audience. But what if you’re not sure what your brand’s personality is? Or how to communicate with your target market? Don’t worry, AI has got your back.
First things first, you need to establish your brand’s voice. Are you funny and irreverent? Serious and educational? Somewhere in between? AI can help you figure that out. Tools like IBM Watson Tone Analyzer and Adeptmind.ai can analyze your existing content and give you insights into your brand’s personality and tone. From there, you can use language models like GPT-3 to generate content that matches your brand’s voice.
But here’s the thing, you can’t just assume that your brand’s voice is resonating with your audience. That’s where A/B testing comes in. You can use AI to generate multiple versions of your messaging and test them out on your target market. See what works and what doesn’t, and refine your messaging accordingly.
And speaking of messaging, you need to make sure that your key messages are conveying your brand’s values and benefits. What do you want your audience to know about your brand? What makes you different from the competition? AI can help you craft messaging that speaks directly to your target market’s pain points and desires.
But perhaps most importantly, you need to have a clear set of business mantras that guide everything you do. What are the non-negotiables for your brand? What do you stand for? AI can help you distill your brand identity into a set of clear, concise mantras that you can use to guide your decision-making and communication.
So, ready to get started? Here’s a SUPER PROMPT to help you create your brand’s voice and messaging:
“Create a comprehensive brand voice and messaging guide for a cannabis company targeting [your target market]. Use AI tools to analyze the brand’s existing content and generate new content that matches the brand’s personality and tone. Craft key messages that convey the brand’s values and benefits, and distill the brand identity into a set of clear business mantras. Provide the final results in a single, cohesive document.”
Plug that into your favorite AI tool, and watch as your brand’s voice and messaging takes shape. And remember, your brand’s voice is what sets you apart from the competition. So make it count.
Alright, let’s talk about the fun part: designing your brand’s visual elements. This is where you get to let your creativity run wild and really bring your brand to life. But if you’re not a designer, don’t worry. AI has got you covered.
First up, you need to establish your brand’s color palette, typography, and design guidelines. This is the foundation of all your visual elements, so it’s important to get it right. You can use tools like Khroma.co and Fontjoy.com to generate color palettes and font pairings that match your brand’s personality and values. And if you’re not sure where to start, you can use AI-powered design tools like Canva and Crello to generate templates and guidelines for you.
But your visual elements don’t stop there. You also need to create things like business cards, packaging, and website design. Again, AI can help with that. Tools like Magicpattern.design and Patternpad.com can generate custom patterns and textures for your packaging and website. And if you need mockups, you can use AI-powered tools like Smartmockups.com and Mockupworld.co to generate them for you.
Once you’ve got your mockups, it’s time to bring them to life. If you’re using Figma, you can use AI-powered plugins like Autoflow and Automator to replicate your wireframes and designs. And if you’re building a website, you can use AI-powered builders like Elementor and Wix to create stunning designs with just a few clicks.
But perhaps most importantly, you need to make sure that your visual elements are consistent across all your channels. Whether it’s your website, your social media, or your packaging, your brand should be instantly recognizable. That’s where AI-powered brand management tools like Lucidpress and Bynder come in. They can help you create and manage your brand assets across all your channels, ensuring that your brand is always on point.
So, ready to get started? Here’s a SUPER PROMPT to help you create your brand’s visual elements:
“Create a comprehensive visual identity guide for a cannabis company targeting [your target market]. Use AI tools to generate color palettes, typography, and design guidelines that match the brand’s personality and values. Create mockups for business cards, packaging, and website design using AI-powered tools. Provide the final results in a single, cohesive document.”
Plug that into your favorite AI tool, and watch as your brand’s visual identity comes to life. And remember, your brand’s visual identity is what makes you stand out from the crowd. So make it count.
Alright, let’s talk about building your online presence. This is where you get to connect with your audience and really showcase what your brand is all about. But with so many channels and platforms out there, it can be overwhelming to know where to start. That’s where AI comes in.
First up, you need to create content that resonates with your audience. And I’m not talking about fluffy, generic content that doesn’t say anything. I’m talking about content that speaks directly to your customers’ pain points and needs. You can use AI-powered tools like Jasper.ai and Content Villain to generate articles, social media posts, and other types of content that are tailored to your target market. These tools can analyze your audience’s interests and behavior and create content that’s more likely to engage and convert them.
But creating content is just the first step. You also need to make sure that your content is being seen by the right people at the right time. That’s where social media planners like SocialChamp come in. These tools can help you schedule and automate your content across all your social media channels, ensuring that your brand is always top of mind for your audience.
But here’s the thing: you can’t just set it and forget it. You need to be constantly reviewing your metrics and adapting your strategy accordingly. Use AI-powered analytics tools like Sprout Social and Hootsuite to see when your customers are engaging with your content, where they’re hanging out online, and what kind of content they’re responding to. Then, use that information to refine your strategy and create even more targeted content.
And don’t forget about ads. I know, I know, ads can be annoying. But if you can create a positive revenue stream using ads, your organic systems will work even better. You can use AI-powered ad tools like Adext AI and Albert.ai to create and optimize your ad campaigns, ensuring that you’re getting the best possible ROI.
But perhaps most importantly, you need to build a funnel. Create a lead magnet, like an ebook or a free trial, and use it to collect emails and other contact information from your audience. Then, use AI-powered email marketing tools like Mailchimp and Constant Contact to nurture those leads and turn them into loyal customers.
So, ready to get started? Here’s a SUPER PROMPT to help you build your online presence:
“Create a comprehensive online presence strategy for a cannabis company targeting [your target market]. Build a funnel by creating a lead magnet and collecting emails using AI-powered email marketing tools. Provide the final results in a single, cohesive document.”
Plug that into your favorite AI tool, and watch as your online presence takes off. And remember, your online presence is what connects you with your audience. So make it count.
Alright, let’s wrap this up with the final three steps. You’ve done the hard work of creating your brand identity, designing your visual elements, and building your online presence. Now it’s time to put it all into action.
First up, you need to implement your brand strategy. This means making sure that every touchpoint with your customers, from your website to your packaging to your customer service, is consistent with your brand identity. You can use AI-powered tools like Lucidpress and Bynder to create and manage your brand assets, ensuring that everyone in your organization is on the same page.
But creating a great brand is only half the battle. You also need to promote it. And that’s where ads come in. You can use AI-powered ad tools like Adext AI and Albert.ai to create and optimize your ad campaigns, ensuring that you’re reaching the right people with the right message at the right time. But don’t just set it and forget it. Use AI-powered analytics tools to monitor your ad performance and adapt your strategy accordingly.
And finally, you need to monitor and adapt. Your brand is a living, breathing thing, and it needs to evolve with your customers’ needs and preferences. Use AI-powered analytics tools to track your brand’s performance across all channels, from your website to your social media to your ads. And don’t be afraid to make changes based on what you learn. Your brand should always be growing and improving.
Now, I know what you’re thinking. “But wait, these steps don’t necessarily require AI!” And you’re right. But here’s the thing: AI can make all of these steps easier and more effective. You can use AI to run your campaigns by a persona, test your content, and refine your work. It’s like having a personal assistant that never gets tired and never takes a day off.
So no excuses. Get to work, create something beautiful!
ARTIFICIAL INTELLIGENCE IN THE WEED INDUSTRY, READ ON..
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Cannabis News
California Appeals Court Rejects Marijuana Grow Permit, Citing Federal Illegality
Published
9 hours agoon
November 22, 2024By
admin
In a landmark decision that highlights the tension between state and federal cannabis laws, a California appellate court ruled on October 29th that property owners can refuse to allow the transportation of cannabis across their land via easements, even when the cannabis operation is approved by local authorities.
The Second District Court of Appeal’s unanimous decision draws attention to private property rights in a context where cannabis remains federally illegal, but state law allows licensed cultivation, distribution and sale. Presiding Justice Albert Gilbert stated, “No matter how much California voters and the Legislature might try, cannabis cultivation and transportation are illegal in California as long as it remains illegal under federal law.” JCCrandall LLC v. County of Santa Barbara, Case No. B333201, 2024 WL 4599304, Oct. 29, 2024.
Unless the California Supreme Court grants review – which I would not rule out – the decision empowers private property owners to refuse to contract with cannabis businesses, and restricts local government from approving cannabis operations that implicate the property rights of neighbors who object.
The case at hand
The dispute centered around a cannabis cultivation operation in Santa Barbara County, where JCCrandall LLC challenged a conditional use permit granted by the County to its neighbor, Santa Rita Holdings Inc. The critical issue was that Santa Rita Holdings could only access its 2.5-acre cannabis farm via an unpaved road crossing JCCrandall’s property through a pre-existing easement. JCCrandall grows oats and barley.
JCCrandall’s primary concern? It raised a number of complaints with the Santa Barbara County Supervisors about truck traffic and night operations, which did not gain traction, but in the Court of Appeal JCCrandall focused on what it claimed was potential liability associated with having federally illegal substances transported across its property, even though County regulators found that the Santa Rita operation was fully compliant with state and local laws.
Key legal findings
The appellate court’s decision hinged on several crucial points:
- Property Rights: The court emphasized that “the right to exclude others is the essence of the right of property ownership” and classified it as a fundamental vested right.
- Federal Supremacy: The panel determined that allowing cannabis transportation across private property “defies the Supremacy Clause” of the U.S. Constitution.
- State vs. Federal Law: While cannabis might be legal under California law, the court ruled that federal law’s prohibition takes precedence in this context.
California cannabis industry implications
Legal experts suggest this ruling could have far-reaching consequences for California’s cannabis industry. Section 1550.5(b) of the California Civil Code makes contracts within California involving cannabis lawful and enforceable, and Santa Rita Holdings bet the ranch on that argument. But the Court of Appeal held that the statute could not compel a landowner to allow cannabis to travel across its property on a pre-existing easement. Licensed operators may find it harder to do business because neighbors who have property rights affected by a cannabis business can object, and, under the JCCrandall ruling, local government must yield to those objections.
An example might be a cannabis dispensary that depends on access to its parking lot via an easement or is located in a shopping center where other lessees have rights to object to tenants notwithstanding the approval of the landlord. In cultivation, many cannabis farms depend on vehicular access through easements because they are remote and do not always have direct access to public thoroughfares, or they depend on water sourced from other properties pursuant to agreements made by prior owners who grew traditional crops. These neighbors might not need to show any negative impact on their property, but can argue that they could be found complicit in federally illegal activities.
I think the most problematic language in the JCCrandall ruling is the following, which might draw the attention of the California Supreme Court and cause it to grant review: “For as long as an easement is enjoyed, its mode and manner of use shall remain substantially the same as it was at the time the easement was created. The County argues the easement was used for agricultural purposes. But there is a vast difference between legal and illegal agricultural purposes.” (Emphasis added.) If California has determined that cannabis cultivation is legal – as it has – and state courts routinely enforce contracts involving cannabis, it is a pretty bold step to declare the use of a lawful pre-existing easement illegal simply because the agricultural crop is cannabis and take away easement access from Santa Rita.
Looking ahead
This decision creates new challenges for cannabis businesses in California, and will result in more disputes among neighbors. While the Biden administration has shown signs of easing federal marijuana restrictions, this ruling demonstrates that the federal-state law conflict continues to create significant legal hurdles for the cannabis industry.
California court decisions also can be persuasive authority in other states, so we might see similar litigation (and decisions) elsewhere in the country where cannabis has been legalized.
The case serves as a reminder that despite California’s progressive stance on cannabis, federal prohibition continues to cast a long shadow over the industry’s operations and development. As the cannabis landscape continues to evolve, this ruling may prompt businesses to reassess their property arrangements and local governments will certainly have to reconsider their permitting processes to give more careful consideration to objections by neighbors who claim that their property rights are implicated by cannabis operations.
Note: This post was first published earlier this month on the Alger ADR Blog.
Cannabis News
Autoimmune Conditions Are Rising Fast in American Medicine, Can Cannabis Help?
Published
1 day agoon
November 21, 2024By
admin
Why Are Autoimmune Conditions On The Rise? And How Cannabis Can Help
Autoimmune diseases refer to a group of medical conditions that occur as a result of the immune system attacking your own tissues.
In a normal human body, the immune system is responsible for protecting the body by producing antibodies that prevent toxins, cancer cells, and viruses from harming the body. However, when one is struck by an autoimmune disorder, the immune system is no longer able to distinguish the difference between dangerous cells and healthy cells. As a result, the healthy cells are attacked, too.
Today, we know of around 100 different kinds of autoimmune conditions. Some of the most common examples of autoimmune conditions include rheumatoid arthritis (RA), lupus, inflammatory bowel disease, celiac disease, Type 1 diabetes, multiple sclerosis (MS), and the Guillain-Barre syndrome (GBS) to name a few. Others include Graves’ disease, Hashimoto’s thyroiditis, psoriasis, and vasculitis.
According to the National Health Council, around 50 million Americans are affected by autoimmune diseases today. This is a conservative estimate, considering that several autoimmune conditions are tricky to treat and so many people go undiagnosed for long periods of time. It’s worrisome to note that there are more people developing autoimmune diseases these days, many of which have reached levels comparable to epidemics.
But cannabis can help!
How Cannabis Can Help Curb And Manage Autoimmune Diseases
Not one single cause is responsible for the alarming growth of autoimmune diseases, though there are several factors at play. While there isn’t just one cause we can point at, it’s certain the reasons lie in our environment. After all, human genetics haven’t changed significantly yet the chemicals, toxins, and pollutants in our food and everyday items have risen dramatically.
In addition, people are getting less sleep than ever; stress rates are through the roof, and people are constantly worried. There is a clear link between psychological stress and physical health as well as immunity, which is why it isn’t unusual – it’s even common – to see many autoimmune disease cases flare up after people experience severe stress caused by grief, an accident, job loss, or the death of a loved one. These highly stressful and traumatic conditions wreak havoc on the body’s immune response, causing inflammation all over the body.
Conventional treatments prescribed to treat autoimmune conditions are focused on taming inflammation; these usually include steroids but also some non-steroidal drugs. These drugs often come with unwanted side effects, but research has shown that cannabis can work with the endocannabinoid system through THC and CBD, as well as other cannabinoids, to simulate similar results. In one study for example, we can see the clear association of the endocannabinoid system for neurodegenerative and inflammatory processes seen in Multiple Sclerosis and Amyotrophic Lateral Sclerosis.
There has also been an increasing number of studies proving the efficacy of cannabis for treating several autoimmune conditions.
Cannabis For Multiple Sclerosis
Multiple sclerosis is one of the autoimmune conditions where a growing number of studies have come out supporting the therapeutic benefits of cannabis for. In a 2024 study, patients with multiple sclerosis reported several improvements in quality of life after using cannabis-based medical products (CBMPs). For the study, British investigators analyzed the impact of cannabis based medicinal products made from either oil or extracts in 141 patients who were enrolled in the UK Medical Cannabis Registry.
The researchers then analyzed the changes in patient outcomes after a month, then three and 6 months after. According to the patients themselves, they were able to sustain improvements in their mental and physical health after marijuana therapy.
“This case series demonstrates a potential association between the initiation of CBMPs and improved patient reported outcomes in sleep, anxiety, and general HRQoL [health-related quality of life] measures, over six months,” said the study authors. “Additional measures for HRQoL, including various physical and mental health subdomains, also exhibit improvements up to six months when compared to baseline,” the authors concluded.
In another study from 2023, patients with multiple sclerosis reported significant improvements in symptoms after cannabis use. For the study, researchers from the Dent Neurologic Institute in Buffalo, New York, analyzed the medical records of 141 patients with multiple sclerosis, who were also legally authorized to consume medical marijuana products. They then analyzed data from the patients after one up to 4 follow-up sessions after the initial session of cannabis therapy. Sixty-five percent of patients consumed 1:1 THC:CBD tinctures.
According to the authors: “The results of this study indicate that use of MC [medical cannabis] to alleviate symptoms of MS is largely efficacious, with improvement in pain (72 percent of patients), muscle spasticity (48 percent of patients), and sleep disturbance (40 percent of patients) frequently reported.”
“More than half of opioid users at baseline were able to either discontinue or decrease their opioid use after starting MC. The mean daily MME [morphine milligram equivalents] was significantly reduced from the initial visit (51 mg) to the last follow-up visit (40 mg). This is consistent with previous literature showing that MC legalization is associated with decreased opioid use and that MC use is associated with decreased opioid use in patients with chronic pain. These findings indicate that MC may represent an alternative analgesic to opioids for some patients,” they wrote.
Anecdotal Evidence
While more studies are needed to determine cannabis’ effect on other autoimmune conditions such as rheumatoid arthritis, we can rely on anecdotal evidence. In 2020, data from the medical journal, Rheumatology, revealed that patients who have this condition, along with those who have lupus and fibromyalgia, consume cannabis.
In fact, it was reported that marijuana was extremely common especially for patients with fibromyalgia. “In this meta-analysis, we found that one in six patients suffering from rheumatologic disease actively consumes cannabis, reducing pain reduction… A favorable effect of cannabis on pain in our meta-analysis reinforces the idea that cannabis could be used for analgesic purposes,” the authors concluded.
Conclusion
Cannabis is a safe and natural way to help prevent and treat the symptoms of autoimmune disease. It targets inflammation at its root, and is a proven natural way to help cope with stress, pain, insomnia, and inflammation all while protecting the brain. However, it’s important to ensure you medicate with clean, organic sources of marijuana.
AUTOIMMUNE AND CANNABIS, READ ON…
The U.S. Senate’s version of the Farm Bill finally landed this week. They’re calling it the Rural Prosperity and Food Security Act of 2024 (the “Senate bill”). The Senate bill follows on the House’s proposal, called the Farm, Food and National Security Act of 2024 (the “House bill”), offered in May. Neither the Senate bill nor the House bill would preempt state or Indian law regarding hemp or the regulation of hemp products. This means states and tribes will retain a lot of latitude in regulating hemp and hemp-derived products– which gets people fired up.
Aside from giving states some runway, the Senate bill and the House bill differ in key respects regarding hemp. Therefore, these august bodies must confer and reconcile their sundry proposals. That could happen in 2024, but seems more likely in 2025 when the new Congress convenes. As of this week, though, we finally have a framework.
The Senate Bill re-defines “hemp” and defines “industrial hemp”
Section 10016 of the Senate bill (“Hemp Production”) amends the definition of “hemp.” Hemp was defined in the 2018 Farm Bill and removed from the federal Controlled Substances Act (CSA), taking us on a truly wild ride. See: What Happened to Hemp? (“What Happened”). The Senate bill also gives us a definition for “industrial hemp.” Here are those definitions, with points of emphasis in bold:
(1) Hemp. The term “hemp” means (A) the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis; and (B) industrial hemp.
(3) Industrial Hemp. The term “industrial hemp” means the plant Cannabis sativa L. if the harvested material (A) is only (i) the stalks of that plant, fiber produced from those stalks, or any other manufactured product, derivative, mixture, or preparation of those stalks (except cannabinoid resin extracted from those stalks); (ii) whole grain, oil, cake, nut, hull, or any other compound, manufactured product, derivative, mixture, or preparation of the seeds of that plant (except cannabinoid resin extracted from the seeds of that plant); or (iii) viable seeds of that plant produced solely for production or manufacture of any material described in clause (i) or (ii); and (B) will not be used in the manufacturing or synthesis of natural or synthetic cannabinoid products.
The new regime
Again, the definitional stuff in bold is what I want to emphasize.
First, the Senate bill keeps the THC threshold at 0.3 percent, which is an arbitrary number we’ve been advocating against for years. The Senate bill mirrors the House bill in this respect, though, so we are stuck with this, unless Ron Paul gets his way.
Second, the Senate bill keeps the 2018 Farm Bill’s total THC standard, including THCA. The House bill does this too. This was fairly predictable: in What Happened, I wrote that we could “expect the total THC standard to remain, which means that actual Delta-9 THC won’t be the only metric for calculating THC content.”
We’ve also explained on this blog that the 2018 Farm Bill and USDA rules mandate total THC testing on pre-harvest hemp batches, but do not mandate such testing on post-harvest hemp or hemp products. The Senate bill doesn’t change this paradigm, which means the “loophole” for gas station weed remains open. This proposal is a big win for opponents of the House bill’s “Miller Amendment,” which would narrow the definition of “hemp” to exclude intoxicating hemp-derived substances.
Third, the Senate bill introduces a new definition and framework for industrial hemp. The House bill does this too, albeit slightly differently. The idea here is to invite farmers to grow hemp for fiber and grain purposes, while freeing them from regulatory burdens with the Department of Agriculture and criminal exposure with the Department of Justice. More specifically, for “industrial hemp” growers, the Senate bill:
- removes background check requirements;
- instates “relaxed regulatory requirements” for sampling and inspection methodologies (which will need to be adopted by rule); and
- develops a certified seed program.
The Senate bill also makes any hemp producer ineligible to grow hemp for five years if that producer, “with a culpable mental state greater than negligence, produces a crop of hemp that is inconsistent with that license.”(Hint: use the seed program.) The proof standard here seems like it could be an issue, and even if anyone has been adjudicated as growing marijuana under the guise of hemp, Farm Bill ineligibility seems like a far-off concern.
Bottom line
The big takeaway for me is that the Senate bill leaves the door open for intoxicating hemp products, whereas the Miller Amendment to the House bill does not. Something’s gotta give. And it needs to happen soon, because we’re already long overdue. As I explained in a webinar last week, the Farm Bill deals with the nation’s entire food supply, not just hemp. Therefore, this is not like with the SAFE Banking Act, where we have a proposed law specific to cannabis that may or may not ever pass. The Farm Bill must pass, and soon.
Stay tuned and we’ll keep you updated on any major happenings. For more on this topic, check out our massive hemp and CBD archive, or these specific, recent posts:
4 Ways Marijuana Can Help You Have A Better Thanksgiving
Can Big Alcohol Help The Cannabis Industry
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