Cannabis News
Your Government Doesn’t Represent You Anymore
Published
8 months agoon
By
admin![](https://theartofmaryjanemedia.com/wp-content/uploads/2024/01/3743_lgsD_governmentrepresent.jpg)
How to Know for sure your Government doesn’t represent you!
When two people decide to build a partnership, open communication and transparency typically serve as the bedrocks of trust. Vulnerability breeds connection. Yet when it comes to the machinations of the state, opacity appears the modus operandi – often to the detriment of the people subjected to un visible power.
Nowhere does this penchant for concealment seem more perverse than in the spectacle of redaction surrounding cannabis prohibition, where the public remains barred from insights on policies determining what benign plants they can utilize. The lengths government goes to restrict access reveals the degree it fears an informed populace.
While reasonable minds can debate necessary secrecy in areas of defense to protect strategic interests, the reflex towards occlusion in benign cultural issues demands deeper critique. What truths threaten so profoundly that the state’s first impulse is to classify, sanitize and cherry pick data to prevent discourse? Perhaps most alarmingly, what informal doctrines require such assiduous perception control and manufacturing of consent?
When governmental agencies feel empowered to broadly determine fact from fancy for adult consumers regarding comparatively harmless substances, seemingly answerable only to themselves, warning bells should sound. Power derived from the people requires accountability TO people, with proportional justification for curtains drawn.
Alas, the recent documents around cannabis policy consist largely of scribbles, scratches and wholesale omissions. Mostly, readers find an abyss where rigor should reign. The redactions speak volumes compared to their vacant contents – affirming the agency’s tenuous interest in science or truth-seeking. This filters policy through layered agendas disengaged from practical reality.
Ultimately the DEA’s censored files betray insecurity, not security. Their reluctance suggests awareness that prohibition rationale cannot survive open scrutiny. In essence, secrecy shields critical flaws and overreaches from public accountability. If transparent governance requires informed citizens, in areas like drug policy ignorance becomes strength…for the bureaucrats. But it makes citizens powerless spectators, not partners, in determining the laws controlling their lives.
So what are they hiding?
While speculation runs rampant regarding specific content hidden behind DEA redactions, even the visible fragments in recently released documents prove telling. They affirm that the health establishment acknowledges accepted medical use and evolving scientific attitudes around cannabis – even as prohibitionists desperately throttle transparency around formal acknowledgement.
Broadly, the unredacted content suggests federal health authorities now recognize modern research necessitates rescheduling. The past denial cited hinged largely on explicitly repudiating any accepted medical value according to science at the time. Officials now admit “considerable data” shows otherwise.
Yet line after line blacked out prevents public review of the exact science guiding this reversal toward Schedule III admission. If the data demonstrated and reasoning conveyed genuinely pointed to greater therapeutic understanding – rather than mostly underscoring cannabis’ comparative safety – why shroud it in darkness? Who or what suffers from illuminating truth?
Perhaps most revealingly, health authorities concede determining definitive “abuse potential” remains contentious, given “many dimensions” comprising risk profiles. This complexity confounds absolutist scheduling. Any intellectually honest, evidence-based approach allows for nuanced balancing of benefits versus consequences. Yet obfuscation suggests entrenched agendas still masquerading as impartial concern.
Additionally, the public sections document federal reticence to acknowledge state legal medical and recreational policies as guidelines for reform. Government feigning objectivity while dismissing broader legislative trends proves all rhetoric, no reconcilliation. It affirms bureaucratic indifference to public will in favor of perpetuating outdated institutional biases.
The paltry details visible merely frame more obscured evidence that current science and state-level democracy further repudiate and erode longtime federal cannabis prohibition. That we cannot fully parse officials’ interpretations of that increasingly undeniable consensus spotlights profound distrust between transparent governance and controlling interests wishing to bottle inconvenient truths.
What becomes abundantly clear is that the status quo rejects tools of free thought itself – open inquiry, shareable data, peer review, evidentiary analysis, democratically guided policy – to sustain myopic worldviews forged decades prior, now dressed in modern camouflage.
While definitive proof remains redacted, all signs suggest undue pharmaceutical influence steering the DEA’s restrictive handling of cannabis scheduling. The excessive redactions themselves affirm a bureaucratic playing field drastically tilted against open scientific inquiry into therapeutic plant potential. And the product of this opaque process – suggesting movement to Schedule III, not unscheduling – reeks of concessions to patent-protected corporate interests, not liberated consumer welfare.
The DEA has effectively served as pharma’s enforcement arm from inception by granting economic control via restrictive scheduling. The criteria for Schedules I through V make clear that approved medicinal status depends on profitable synthetic mimics from industry, while naturally derived treatments are dismissed as having no medical value by default. This extraordinary claim requires extraordinary evidence the DEA certainly does not provide.
Worse still, the CSA’s scheduling standards explicitly favor pharmaceutical testing investments as indicators of “potential” abuse before gathering data on actual harm. This market barrier conveniently narrows access to capital intensive labs alone. The DEA’s secretive referral to HHS and FDA perpetuates this cycle by empowering agencies captured by those they presume to regulate.
Even the language around marijuana’s “accepted medical use” in released docs exposes linguistic gymnastics that could only come from bureaucrats 1930’s mindset and pharma lobbyists. Scientifically, the case against medical efficacy dissolved decades ago. Yet outdated institutions churn familiar mud, leaving criminalization the status quo for extra security.
So make no mistake – rescheduling to Schedule III means nothing but a pharma power grab to control cannabis through restrictive federal permits, encumber small providers with needless red tape, and secure patented profits over unpatentable wellness solutions. It offers no true progress from prohibition, only a cover-up consolidating corporatism.
As long as market access depends on appeasing the DEA’s clandestine corporate advisory committees, cannabis remains suppressed not on scientific grounds, but for threatening the medical monopoly by providing an alternative.
In this sense, full de- or re-scheduling is the only sensible option aligned with social benefit over protectionism. But the DEA’s secrecy proves they cannot be trusted as an impartial arbiter of evidentiary drug classifications. Time has exposed their complicity in magnifying corporate riches over consumer choice or public health. We must discard terms handed down by discredited technocrats, not become beholden to them.
Cannabis simply does not conform to the narrow constructs of scheduled substances under the CSA criteria. As a cultivated flowering plant with multifaceted uses, it resists nearly all attempts to classify, quantify or control it so uniformly. Its diversity of applications and effects make cannabis functionally unlike any other listed drug, demanding an entirely bespoke approach beyond dated prohibitions – namely complete de-scheduling.
The folly of attempting to legislate cannabis akin to concentrated compounds or lethal toxins ignores thousands of years of documented medical, spiritual and recreational usage meeting human needs. No society on earth ever deemed it so hazardous as to criminalize until political machinations in the 1920s-30s, culminating in the nefarious Marihuana Tax Act. Path dependency brought us to this point, not evidence.
In effect, cannabis blurs standard lines, possessing open-ended potential as medicine, sacrament, recreational amenity, textile, food source and artistic muse simultaneously. It serves broad roles legal drugs like alcohol cannot, while lacking the acute toxicity of most illicit compounds. This resists all analogies.
Placing such a protean substance in a siloed regulatory straightjacket compounds errors and constraints. It shoehorns living potential into a capitalist framework demanding standardization for commodification. But cannabis and its derivatives morph with breeders’ artistry and consumers’ intent, escaping rigid designation.
Its essence is variability – across strains, individuals, methods, mindsets ad infinitum – not pharmaceutical uniformity. Cannabis provides experiences, not static products. Hence rescheduling it recognizes no true medical, ethical or practical imperative beyond appeasing outdated technocrats. Doing so merely brings antiquated policies another step towards reckoning with the futile, destructive nature overpowering peaceful herb culture.
With no public safety nor moral cause for scheduling, the onus lies on prohibitionists to conclusively demonstrate cannabis possession demands state criminalization while alcohol merits legal access. They cannot source consistent facts, but rather invoke claims to “protect” people from deciding individually – ironically the core danger of the policy. Removing cultural experience from citizens’ hands belies fundamental distrust and insecurity around personal autonomy.
In this sense, cannabis must not inch policy chains further, even to Schedule III permitting. The appropriate schedule status is NONE, its appropriate authority OVER ONESELF. By what moral standard or empirical evidence does anyone justify limiting access to herbs, fungi and cacti meeting basic needs?
The only sane pathway is fully deregulating and descheduling this culturally embedded botanical ally. Anything less harnesses the violence of law enforcement to interfere with individual choices, communal traditions, and market innovations better left unbridled. The onus lies on sole regulators to conclusively, transparently demonstrate acute danger. In cannabis’ case, claims to protection grow absurd against thousands of years of continuous evidence.
The people never required nor requested such oversight on nature’s cornucopia. The time has come to cease useful fictions that enable meddlesome prohibitions eroding freedom over falsified threats. Cannabis is for the people to explore as they see fit individually and collectively. No law can suppress its flowering from the human spirit.
When examining the DEA’s veiled documents around proposed marijuana rescheduling, the sticky truth remains – the feds’ flaky rationale for maintaining prohibition cannot withstand transparency. Thus secrecy tries filling voids where facts fail.
Rather than illuminate, authorities shade data and processes enabling legitimate inquiry into acceptable botanical use. What started as manipulation of public opinion now hides as bureaucratic hubris too insecure to reveal itself fully. So instead they traffic in bigrams, anticipating obedience over outrage. Such arrogance courts revolt.
Make no mistake; attempts at rescheduling cannabis to appease reform interests fundamentally mock calls for genuine freedom. They expect applause for tightening shackles ever so slightly, as if we will forget decades of propaganda and millions jailed over personal choices concerning helpful plants. Do not be placated.
Authorities have shown willingness to impose the violence of law on peaceful herb culture, not remove its oppression. Their legitimacy expired long ago through unethical dishonesty serving corporate profits over public benefit. Bid government prattle farewell; citizens will freely utilize cannabis howsoever we choose, with no futile laws limiting personal dominion or community tradition.
Total deregulation and descheduling remains the only moral remedy to devastating, racist campaigns inflicting police brutality over arbitrarily demonized vegetation. Expecting compromise emboldens mass injustice. Thus conscientious people should treat emerging permits, regulations and restrictions as paper tigers roarless before autonomous dignity.
The choice remains starkly simple: Shall we beg to authorities already exposed as liars and profiteers to kindly allow slight progress buying off dissent? Or shall we unflinchingly conduct our cannabis affairs by natural right with no futile chains limiting mindful personal conduct or market fruitfulness?
Either a right exists inherently or not at all. The wanton legal fiction of permitting government censorship, seizure and assault over cannabis is finished. The sticky truth outs at last – reefer madness makes madmen of us all, and the public deserves far better. This plant will remain free.
RESCHEDULING CANNABIS, 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
admin![](https://theartofmaryjanemedia.com/wp-content/uploads/2024/09/3743_BRmv_harristrumponmarijuana.jpg)
“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
admin![](https://theartofmaryjanemedia.com/wp-content/uploads/2024/09/3743_KB7F_cannabispricingdropsMI.jpg)
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.
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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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essential elements create suitable germination environment
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