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What Happened to Hemp? – Canna Law Blog™

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Last week, a LinkedIn post by cannabis economist Beau Whitney caught my eye, because Beau said something pretty amazing. He said: “licensed acres in hemp are at pre-farm bill levels.”

Could that be true? Before the 2018 Farm Bill, only a few states ran limited “research” pilot programs for hemp. I did my best to confirm Beau’s statement and was reminded of how challenging it has always been to aggregate data in this space. But, take a look:

  • The USDA 2022 National Hemp Report, at page 1, indicates that all industrial hemp “in the open” totaled 28,314 acres. This includes hemp grown for flower/CBD, grain, fiber or seed. The report mentions another 105 acres (my math) grown “under protection.”
  • This USDA study, figure 2, page 4, shows states reporting nearly 30,000 total hemp acres “licensed or approved” for cultivation in 2017. It doesn’t appear that much of this was greenhouse acreage, and I presume it includes hemp cultivated for all uses.

The study with 2017 data contains a disclaimer that “not all States reported data on the same basis.” Also, the 2017 data includes acreage for “approved” and not exclusively “cultivated”, hemp. I could note a few other things, but you get the idea: it seems awfully close. Maybe there really were more licensed hemp acres in 2017 than today.

Farm Bill hemp has followed a dizzying arc. Before the 2018 Farm Bill, hardly anything happened with the crop; and even then it was fits and starts. After the 2018 Farm Bill passed, though, the gold rush commenced. We formed a bunch of companies for growers here in Oregon, for example, structuring investments, buying and selling farmland, etc. The whole thing crashed following the 2019 growing season, and a spate of lawsuits ran through the office. Today, almost no one seems to be growing hemp.

People are still selling hemp-derived products, though. Many of them are in the legally problematic CBD food and beverage space. But there are also oils, tinctures, capsules, lotions, creams, smokables, and miscellaneous categories (like pillows!). Many of those cannabinoid products are now made from legacy U.S. distillate, or from imported hemp. (If you’re interested on the legality of all of these products, check out our massive hemp/CBD archive here).

So what happened? This is something that’s been talked about extensively. The common culprit is the “CBD bubble”, but in my opinion there’s so much more going on. Mini hit list below.

Bad policy and the new cannabinoids markets

It always starts with policy. And here’s the fundamental problem, in my opinion: hemp and marijuana are the same plant, albeit with different levels of THC. But Congress is trying to regulate that plant in profoundly different ways, under statutes tethered by the most tenuous, definitional threads. Further, federal agencies are often out of step with each other and with states. And states have taken any number of approaches— not just on the THC side, but also with hemp-derived food, beverages and other products.

The legal rubric is positively Kafkaesque, starting at the federal level. Pursuant to the 2018 Farm Bill, when a cannabis plant tests at or below 0.3% delta-9 THC on a dry weight basis, it’s legally classified as “hemp.” When it tests above that threshold, it’s legally classified as “marijuana.” When it’s a seed of a marijuana plant, though, it’s probably “hemp” again. I said “probably”. Got it? It might not matter anyway, because this could change again this fall (more on that below).

Until then, there’s more– especially when we’re talking about anything beyond plants in their vegetative state. When hemp is processed for intoxicating effects (e.g. Delta-8 and Delta-10 THC products), the Ninth Circuit Court of Appeals said: those products may be OK; that’s “lawful use in commerce.” But while you’re processing that hemp you may be committing felonies!, says DEA. The D.C. Court of Appeals agreed. From FDA’s perspective, many (but not all) CBD products violate the Food, Drug and Cosmetic Act; as do other cannabinoid products (at least sometimes). Not that the FDA will do much about it.

Clearly, change is needed here. Marijuana and hemp should be regulated under a common rubric. This means that hemp legislation should be crafted with “marijuana” and hemp-derived products in mind. As it stands, due to loopholes – real and perceived – arising out of the 2018 Farm Bill, we’re left with an unwieldy, unregulated cannabinoids market. Meanwhile, the fiber and grain markets anticipated by Congress in 2018 have fizzled.

Waiting on the fiber and grain markets

Several commentators have noted an increased demand for hempcrete, animal feed and plastics. Yet, a disconnect exists between fiber and grain farmers, on the one hand, and manufacturers, on the other. This stems from the fact that hemp grown for fiber and grain isn’t exempt from the cumbersome Farm Bill testing provisions, which require these utilitarian crops to undergo THC testing. It’s just too much cost, bureaucracy and exposure for many farmers who could be growing other crops.

Low crop outputs give rise to light manufacturing capacity, regardless of any increased consumer demand. I don’t see this changing until the THC testing requirements are relaxed or removed. Ironically, intoxicant testing hasn’t hurt the “intoxicating new cannabinoids” market– it has only hurt farmers and industrial capacity. Also ironically, as industrial hemp production declines, U.S. hemp imports have increased annually. The 2018 Farm Bill was supposed to reverse that.

What happens next in U.S. hemp policy

The good news is the Farm Bill is renewed every five years. This means Congress has another bite at the apple this fall. The bad news is the Farm Bill is renewed every five years; Congress has another bite at the apple this fall. Here are five of the big picture items on trade association and politician agendas, some of which have made it into proposed legislation:

  1. Increase the allowed THC limit. The target number here is always 1.0% Delta-9 THC, rather than the 0.3% we have today. We’ve been pushing this for years. But even if the THC limit increases, expect the “total THC” standard to remain, which means that actual Delta-9 THC won’t be the only metric for calculating THC content.
  2. Revisit provisions of the Farm Bill or interpretations of the Farm Bill pushed by the DEA, which currently make hemp processors susceptible to civil penalties and felony charges for possession or transport of “hot hemp”, regardless of whether the THC limit is 0.3%, or 1.0%.
  3. Clarify that certain cannabinoids are legal, or not. Especially the ones that the Farm Bill accidentally legalized, or didn’t. This ties directly into marijuana policy, the Controlled Substances Act, and what DEA is thinking about.
  4. Jettison “in progress testing.” This would moot the problematic DEA rule referenced above, which was upheld by the D.C Court of Appeal. The 2023 Farm Bill should permit a temporary spike in THC levels, consistent with standard manufacturing processes and, you know, organic chemistry.
  5. Incentivize hemp farmers by creating a remediation protocol for “hot hemp.” As things stand, pre-harvest hemp that tests hot must be destroyed, even if it could be remediated. Considering that a lot of the hemp on the market is turned into extract, that’s a lot of money down the drain.

I do think we’ll see some of these changes in the 2023 Farm Bill, based on introduced legislation and the  failure of 2018 Farm Bill policy. The federal government doesn’t support this proliferation of intoxicating, hemp-derived products on offer at gas stations around the country — salable in many cases to minors — or the fact that the fiber and grain markets are stillborn.

Unfortunately, I don’t feel optimistic that Congress will view these issues with the wide-angle lens needed to shore up cannabis policy. The proposed bills I’ve reviewed seem limited in scope: for example, recently introducted HR 3775 would separate the fiber and grain markets from hemp grown for flower. That’s a good start, in theory. But we need more than a good start here. We need a wholistic U.S. policy for the cannabis plant.



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5 Cannabis Christmas Recipes to Try This Holiday Season at Home or the Office Party!

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cannabis christmas recipes

Ah yes, it’s that magical time of year again when Ganja Clause slides down the chimney to visit all the good little stoners. The lights are twinkling, the fire is crackling, and the sweet aroma of cannabis-infused treats fills the air. As someone who’s spent years experimenting with cannabis cuisine, I’ve learned that the holidays present the perfect opportunity to elevate traditional recipes to new heights.

To help make your holidaze more “dazey,” I’ve crafted five festive recipes that combine seasonal favorites with our favorite herb. These dishes aren’t just about getting high – they’re about creating memorable experiences and new traditions. But before we dive in, I need to emphasize something crucial: dosing is always important, and you should NEVER give these recipes to anyone without their explicit consent. While sharing is caring, tricking someone into consuming cannabis is not only unethical but potentially illegal. Always clearly label your infused treats and keep them safely away from children and unsuspecting guests.

With those important notes out of the way, let’s get into these magical recipes that will make your holiday season extra special.

Look, we all know eggnog is a holiday staple, but why not kick it up a notch? This cannabis-infused version will have you feeling jolly in no time. Just remember – this isn’t your grandma’s recipe (unless your grandma is really cool).

What You’ll Need:

  • 4 cups milk (or non-dairy alternative if that’s your jam)

  • 1 cup heavy cream (or coconut cream for you plant-based folks)

  • 6 egg yolks (fresh is best, trust me)

  • 1/2 cup sugar

  • 1 tsp vanilla extract

  • 1/2 tsp ground nutmeg

  • 1 tbsp cannabis tincture or cannabis-infused syrup

The Magic Process:

  1. Start by heating your milk and cream in a saucepan. You want it hot but not boiling – we’re making eggnog, not scrambled eggs.

  2. In a separate bowl, whisk those egg yolks, sugar, and vanilla until they’re well combined and looking smooth.

  3. Here’s the tricky part: slowly (and I mean SLOWLY) add the hot milk mixture to your egg mixture while whisking constantly. If you dump it all in at once, you’ll end up with sweet scrambled eggs, and nobody wants that.

  4. Pour everything back into your saucepan and cook over medium heat, stirring constantly until it thickens enough to coat the back of a spoon.

  5. Remove from heat, stir in that nutmeg, and let it cool a bit before adding your cannabis tincture or syrup.

  6. Chill thoroughly before serving.

Pro tip: Start with a small serving – this stuff can creep up on you!

Want to elevate your holiday meal? This gravy will take your feast to new heights. It’s perfect for drowning those mashed potatoes or smothering that turkey.

The Goods:

  • 2 cups chicken or vegetable stock

  • 1/4 cup all-purpose flour

  • 1/4 cup cannabis butter (cannabutter)

  • 1/2 tsp salt

  • 1/4 tsp black pepper

  • 1 tbsp chopped fresh herbs (thyme or rosemary work great)

The How-To:

  1. Melt your cannabutter over medium heat in a saucepan. Watch it carefully – burnt butter is not the vibe we’re going for.

  2. Whisk in the flour to create your roux. Cook it for about 1-2 minutes to get rid of that raw flour taste.

  3. Now, slowly pour in your stock while whisking like your life depends on it. No lumps allowed!

  4. Add your seasonings and herbs.

  5. Keep stirring and simmering until it reaches your desired thickness.

  6. Taste and adjust seasonings if needed (before you get too lifted).

Remember: Label this clearly! You don’t want Aunt Martha accidentally pouring this all over her plate without knowing what’s up.

Forget that canned stuff – this homemade cranberry sauce with a special twist will have everyone at the table asking for seconds (though you might want to limit them to just one serving).

The Ingredients:

Getting Saucy:

  1. Toss your cranberries, OJ, and sugar into a saucepan over medium heat.

  2. Let it cook until those cranberries start popping like tiny little fireworks (about 10 minutes).

  3. Once it’s thickened up nicely, remove from heat.

  4. Here comes the fun part – stir in your cannabis-infused honey or tincture.

  5. Let it cool completely before serving.

Pro tip: Make two batches – one regular and one infused. Just make sure to label them clearly!

These aren’t your regular sweet potatoes – they’re elevated sweet potatoes. Perfect for getting baked while getting baked.

What You Need:

  • 4 large sweet potatoes

  • 1/2 cup cannabis butter (cannabutter)

  • 1/4 cup brown sugar

  • 1 tsp ground cinnamon

  • 1/2 tsp ground nutmeg

  • Salt to taste

  • Marshmallows (optional, but highly recommended)

The Method:

  1. Preheat your oven to 375°F (190°C).

  2. Bake those sweet potatoes until they’re tender (about an hour).

  3. Once they’re cool enough to handle, peel and mash them up.

  4. Mix in your cannabutter, brown sugar, and spices.

  5. Transfer to a baking dish.

  6. If you’re feeling extra, top with marshmallows.

  7. Bake for another 20-30 minutes until everything’s golden brown and gorgeous.

Warning: These are dangerously delicious – pace yourself!

This warm, spicy cider will lift your spirits in more ways than one. Perfect for those chilly winter nights.

The Essentials:

The Process:

  1. Pour your cider into a large pot.

  2. Add your cinnamon sticks, cloves, and orange slices.

  3. Heat until it just starts to bubble, then reduce to a simmer.

  4. Add your cannabis-infused maple syrup (or add tincture to individual cups for controlled dosing).

  5. Let everything mingle and get cozy for about 20 minutes.

  6. Serve it up warm with an orange slice or cinnamon stick garnish.

Pro tip: Keep a non-infused batch warming for designated drivers and non-partaking guests.

Remember folks, the key to a successful Dankmas feast is clear labeling and careful dosing. Nothing ruins a holiday gathering quite like someone getting unexpectedly zooted. Happy cooking, and may your holidays be dank and delightful!

There you have it, folks – five unique ways to spice up your Dankmas traditions and make the season truly memorable. As someone who’s hosted many cannabis-friendly holiday gatherings, I can’t stress enough the importance of starting slow with these recipes. Edibles can take anywhere from 30 minutes to two hours to fully kick in, and you definitely don’t want to overdo it during family dinner. I strongly recommend doing a test run with different dosages before the big day to find your sweet spot.

What I love most about these recipes is that they offer a fantastic alternative for those looking to skip the traditional alcohol-heavy holiday celebrations. Cannabis provides a more natural way to unwind and connect with loved ones during this special time of year. Plus, you won’t have to worry about a hangover the next morning!

Remember to celebrate responsibly, be open about what’s infused and what isn’t, and most importantly, enjoy the magic of the season. Happy Dankmas to all, and to all a good height!

 

MORE DANKMAS STORIES, READ ON…

GANJA CLAUSE

THE NIGHT BEFORE CHRISTMAS BY GANJA CLAUSE!



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The Grinch Stole SAFE Banking from the Cannabis Industry This Christmas, Yet Again!

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no safe banking in 2024

The landscape of cannabis legislation in the United States has been a complex and evolving issue, particularly concerning banking regulations. As of December 2024, it has become official: the current Congress will not provide any protections for banks that serve state-legal marijuana businesses. This decision has significant implications for the cannabis industry, which continues to grow rapidly despite the lack of federal support. In this article, we will explore the reasons behind this decision, the implications for cannabis businesses, and the broader context of cannabis legalization in America.

 

The State of Cannabis Legalization

 

 A Growing Industry

 

The cannabis industry has seen remarkable growth over the past decade. As of late 2024, 23 states and Washington D.C. have legalized recreational marijuana use, while 38 states allow medical marijuana. According to recent estimates, the legal cannabis market in the U.S. is projected to reach over $40 billion by 2025. This growth has been fueled by changing public perceptions of marijuana, increased advocacy for legalization, and significant tax revenues generated by state-legal cannabis sales.

 

 The Banking Dilemma

 

Despite this rapid expansion, cannabis businesses face unique challenges, primarily due to their inability to access traditional banking services. Federal law classifies marijuana as a Schedule I controlled substance under the Controlled Substances Act. This classification creates a significant barrier for banks and financial institutions that wish to work with cannabis businesses, as they risk federal penalties for facilitating transactions related to an illegal substance.

 

As a result, many cannabis companies operate on a cash-only basis. This situation not only poses safety risks—such as increased theft and violence—but also limits these businesses’ ability to manage finances effectively, pay taxes electronically, and build credit histories.

 

 Legislative Attempts at Reform

 

One of the most prominent legislative efforts aimed at addressing these banking issues is the Secure and Fair Enforcement (SAFE) Banking Act. First introduced in 2019, the SAFE Banking Act sought to provide protections for banks that serve legal cannabis businesses by preventing federal regulators from penalizing them for doing so.

 

The act garnered significant bipartisan support in both the House and Senate. In previous sessions of Congress, it passed multiple times in the House but faced hurdles in the Senate due to opposition from certain lawmakers who were concerned about broader implications of marijuana legalization.

 

In light of ongoing discussions about federal spending and budgetary priorities, advocates had hoped that some version of the SAFE Banking Act would be included in recent spending bills. However, during negotiations leading up to December 2024, a House committee led by Republicans removed any provisions related to marijuana banking protections from key spending legislation.

 

This decision reflects a broader trend within Congress where discussions around cannabis reform have become increasingly contentious. While there is still bipartisan support for certain aspects of cannabis legislation—particularly when it comes to medical use—more comprehensive reforms like banking protections have struggled to gain traction.

 

 Implications for Cannabis Businesses

 

Continued Cash-Only Operations

 

The removal of banking protections means that many cannabis businesses will continue to operate primarily on a cash basis. This situation presents several challenges:

 

  • Safety Risks: Cash-only operations make cannabis dispensaries and cultivation facilities prime targets for theft and robber Employees often have to handle large amounts of cash daily, increasing their risk of violence.

 

  • Operational Inefficiencies: Without access to banking services, businesses cannot easily manage payroll or pay bills electronically. This inefficiency can lead to operational delays and increased costs.

 

 

 

Impact on Public Safety

 

Advocates argue that providing banking access would enhance public safety by reducing the amount of cash circulating within the community. By allowing cannabis businesses to deposit their earnings into banks, it would minimize the risks associated with cash transactions, making both employees and customers safer.

 

Moreover, having a transparent financial system would help law enforcement track illicit activities more effectively. Currently, without proper banking oversight, there are concerns that some cash-only operations may be involved in money laundering or other illegal activities.

 

Politics and Public Opinion

 

Changing Attitudes Toward Cannabis

 

Public opinion on marijuana legalization has shifted dramatically over recent years. According to various polls, a significant majority of Americans now support legalizing marijuana for both medical and recreational use. This shift has put pressure on lawmakers to address outdated federal policies regarding cannabis.

 

Despite this growing acceptance among the public, political divisions remain strong within Congress regarding how best to approach cannabis reform. Some lawmakers advocate for full legalization at the federal level, while others prefer a more cautious approach that prioritizes regulation over outright legalization.

 

 The Role of Advocacy Groups

 

Advocacy groups play a crucial role in pushing for legislative change regarding cannabis banking protections. Organizations such as the National Cannabis Industry Association (NCIA) and Americans for Safe Access (ASA) have been vocal proponents of reforming banking laws to support state-legal cannabis businesses.

 

These groups have mobilized public support through campaigns highlighting the safety risks associated with cash-only operations and advocating for policies that promote financial inclusion for cannabis entrepreneurs.

 

Future Prospects for Cannabis Banking Reform

While current congressional efforts have stalled regarding marijuana banking protections, there are still potential avenues for reform:

 

 

  • Incremental Reforms: Rather than pursuing comprehensive federal legislation like the SAFE Banking Act all at once, lawmakers may consider incremental reforms that address specific issues related to banking access without fully legalizing marijuana at the federal level.

 

 

The Role of Public Awareness

 

As public awareness about the challenges faced by cannabis businesses grows, there may be increased pressure on lawmakers to act decisively on this issue. Continued advocacy efforts can help ensure that banking reform remains a priority on Congress’s agenda.

 

Conclusion

 

The decision by Congress not to include marijuana banking protections in its current spending bill underscores ongoing tensions surrounding cannabis legislation in America. While public opinion increasingly favors legalization and reform, political divisions continue to hinder progress on critical issues such as banking access for state-legal marijuana businesses.

 

As the industry continues to grow despite these challenges, stakeholders must remain vigilant in advocating for change while exploring alternative solutions at both state and federal levels. The future of cannabis banking reform remains uncertain; however, with continued advocacy and public support, there is hope that meaningful progress can be made in addressing these pressing issues facing one of America’s fastest-growing industries.

 

SAFE BANKING SINCE 2018, WHAT A FAILURE, READ ON…

SAFER BANKING ACT FAILS AGAIN

SAFER BANKING ACT FAILS AGAINS, SAME OF BANANA IN THE TAILPIPE!



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HHC vs. Delta 9: Differences & Similarities

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Cannabis has so many compounds, and two that have been making the rounds lately are HHC and Delta 9 THC. They’re not the same thing, even though they’re both cannabinoids that interact with the body’s endocannabinoid system. Some people want a mild, steady experience, while others might be looking for something more intense. Understanding these two can help you figure out what’s right for you.

What Is HHC?

HHC, short for hexahydrocannabinol, is a hydrogenated version of THC. It’s not something you’d find naturally in large amounts in cannabis plants. Instead, it’s made through a process that adds hydrogen molecules to THC. The result? A more stable compound that’s less prone to breaking down when exposed to heat or UV light.

How HHC Is Made

Think of it like a science experiment. HHC is usually created in a lab by taking Delta 9 or Delta 8 THC and using hydrogenation—basically, combining it with hydrogen under pressure and in the presence of a catalyst. This process changes its structure while keeping its effects somewhat similar to THC.

Common Uses and Effects of HHC

People who use HHC say it’s somewhere between Delta 8 and Delta 9 in terms of effects. It’s often described as relaxing but without being overly sedative. You might feel a light buzz, reduced stress, or mild euphoria. Some even claim it helps with discomfort or improving sleep, but solid research is still catching up. Since it’s less potent than Delta 9, it’s often favored by those who want a manageable experience without the strong psychoactive punch.

If you’re interested in trying HHC and Delta 9 for yourself, check out their wide range of products at trycandycloud.com. They’ve got everything from gummies to disposable vapes, all crafted for a smooth experience.

What Is Delta 9 THC?

Delta 9 THC is the main psychoactive compound in cannabis. It’s the reason you feel “high” when you use weed. Chemically speaking, Delta 9 has a double bond in its ninth carbon chain, which plays a big role in how it interacts with your brain.

Natural Occurrence in Cannabis

This one is straightforward: Delta 9 is found in high concentrations in marijuana plants. It’s what most people think of when they hear “THC.” Unlike HHC, there’s no need for a lab process—it’s already there. Hemp plants, however, contain much lower levels of Delta 9 THC, which is why it’s primarily extracted from marijuana.

Common Uses and Effects of Delta 9 THC

The effects of Delta 9 are well-documented. Depending on the dose, you might feel euphoria, increased appetite, or deep relaxation. For medical users, it’s often used to manage chronic pain, nausea, and other conditions. It’s also been studied for its potential benefits in anxiety relief, though higher doses might have the opposite effect, causing paranoia. Delta 9 THC is versatile, but it’s not without its risks, particularly for new users or those sensitive to its psychoactive effects.

Key Differences Between HHC and Delta 9 THC

Chemical Structure and Composition

The main difference is in their structure. Delta 9 THC has that iconic double bond, while HHC’s hydrogenation makes it more stable. This difference might not mean much to the average person, but it’s why HHC is less likely to degrade over time.

Potency Levels

Delta 9 THC is generally more potent. HHC might require a higher dose to get a comparable effect, but some people prefer its lighter touch. Potency differences can also depend on the method of consumption, with edibles typically providing a stronger, longer-lasting effect compared to vaping or smoking.

Duration of Effects

Both last a few hours, but some users report that HHC’s effects fade more gradually. Delta 9, on the other hand, can have a sharper comedown. HHC’s gradual fade makes it appealing for those who want a smooth end to their experience.

Benefits and Drawbacks of HHC and Delta 9 THC

HHC: Pros and Cons

Pros:

  • More stable, so it lasts longer on the shelf.
  • Effects are milder, making it less overwhelming for beginners.
  • Can be a functional option for daytime use.

Cons:

  • Limited research, so we don’t know its full impact yet.
  • Availability can be hit or miss depending on where you live.
  • Legal gray area in many regions.

Delta 9 THC: Pros and Cons

Pros:

  • Well-studied with established medical uses.
  • Widely available in areas where cannabis is legal.
  • Stronger effects make it ideal for experienced users or those with high tolerance.

Cons:

  • Higher chance of side effects like anxiety.
  • More likely to show up on drug tests.
  • Shorter shelf life compared to HHC.

Frequently Asked Questions (FAQ)

Q. Is HHC safer than Delta 9 THC?

Not enough research exists to say definitively, but HHC’s milder effects might make it feel safer to some users.

Q. Will HHC or Delta 9 THC show up on a drug test?

Yes, both can potentially show up on a drug test, so use with caution if that’s a concern.

Q. Which one is better for recreational use?

That depends on your preferences. HHC is great for a mellow time, while Delta 9 is better if you’re looking for something more intense.

HHC vs. Delta 9: Choosing the Right One for You

The choice comes down to what you’re after. If you want a milder, more laid-back experience, HHC might be a good option. On the other hand, if you’re looking for something stronger or need it for medical reasons, Delta 9 is the way to go. It also depends on what’s legal and available where you are. And always consider your tolerance levels and experience before diving in. If you’re unsure, consult with a knowledgeable dispensary staff.

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