USA Set Hemp Food THC Standard at 3,000 ppm

Canada’s 10 ppm should not be EIHA’s goal, rather USA’s 3,000 should be. If the drug-test-crazy, THC-phobic USA can function without problem despite THC levels in foods 300 times higher, then that should be the limit.

Read more at:
https://businesscann.com/europes-proposed-new-safe-levels-of-thc-in-hemp-cbd-products-are-unacceptable-and-unnecessarily-low/

Marijuana policy reading

Marijuana policy reading

Drafting a pamphlet: “What North Carolinians Need To Know About Marijuana Money.” Here’s what I’m thinking for background reading references:  

For marijuana issues generally, I don’t know a better place to start than Mark Kleiman’s Marijuana Legalization:  What Everyone Needs to Know (2d ed. 2016, with Caulkins and Kilmer, under $20), which inspired the title here.  A more technical 2015 analysis by Kleiman and others for the State of Vermont is in the public domain at https://www.rand.org/pubs/research_reports/RR864.html.

Kleiman’s work is a little dated; a recent multi-author issue of the B.U. Law Review provides a good update in the public domain. https://www.bu.edu/bulawreview/2021/07/14/volume-101-number-3-may-2021/.

For an ideological prohibitionist view, the group Smart Approaches to Marijuana, https://learnaboutsam.org, provides online material and offers a book for sale.  

An anti-prohibition view is thought through in a free online book by the U.K. Transform Drugs Foundation: https://transformdrugs.org/publications/how-to-regulate-cannabis-a-practical-guide


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Marijuana policy reading
September 25, 2021 2:25 pm

5 Cosas que Debe Saber Sobre el Delta-8 Tetrahidrocannabinol – Delta-8 THC

5 Cosas que Debe Saber Sobre el Delta-8 Tetrahidrocannabinol – Delta-8 THC 5 Cosas que Debe Saber Sobre el Delta-8 Tetrahidrocannabinol – Delta-8 THC Anonymous (not verified) Thu, 09/16/2021 – 12:02

Detailed Description
Los productos de Delta-8 THC no están aprobados por la FDA y pueden ponerle en riesgo.

Audience

Topics
Public Awareness

English

El delta-8 tetrahidrocannabinol, también conocido como Delta-8 THC, es una sustancia psicoactiva que se encuentra en la planta de Cannabis sativa, de la que la marihuana y el cáñamo son dos variedades. El Delta-8 THC es uno de más de 100 cannabinoides producidos naturalmente por la planta de cannabis, pero no se encuentra en cantidades significativas en la planta de cannabis. Por ello, las cantidades concentradas de Delta-8 THC se fabrican normalmente a partir de cannabidiol (CBD) derivado del cáñamo.

Es importante que los consumidores sepan que los productos de Delta-8 THC no han sido evaluados ni aprobados por la FDA para su uso seguro en ningún contexto.  Pueden comercializarse de forma que ponen en peligro la salud pública y, sobre todo, deben mantenerse fuera del alcance de los niños y las mascotas. 

A continuación, se presentan 5 cosas que debe saber sobre el Delta-8 THC para mantenerse a usted y a sus seres queridos protegidos de productos que pueden suponer graves riesgos para la salud:

1. Los productos de Delta-8 THC no han sido evaluados ni aprobados por la FDA para su uso seguro y pueden comercializarse de forma que ponen en riesgo la salud pública.

La FDA está consciente de la creciente preocupación sobre los productos de Delta-8 THC que se venden actualmente en línea y en las tiendas. Estos productos no han sido evaluados ni aprobados por la FDA para su uso seguro en ningún contexto. Algunas de las preocupaciones incluyen la variabilidad en las formulaciones y las etiquetas de los productos, el contenido de otros cannabinoides y terpenos, y las concentraciones variables de Delta-8 TCH. Además, algunos de estos productos pueden estar etiquetados simplemente como “productos de cáñamo”, lo que puede confundir a los consumidores que asocian “cáñamo” con “no psicoactivo”. Además, la FDA está preocupada por la proliferación de productos que contienen Delta-8 THC y se comercializan para usos terapéuticos o médicos, aunque no hayan sido aprobados por la FDA. La venta de productos no aprobados con afirmaciones terapéuticas sin fundamento no sólo constituye una infracción de la ley federal, sino que también puede poner en riesgo a los consumidores, ya que no se ha demostrado que estos productos sean seguros o eficaces. Esta comercialización engañosa de tratamientos no probados plantea importantes problemas de salud pública porque los pacientes y otros consumidores pueden utilizarlos en lugar de las terapias aprobadas para tratar enfermedades graves e incluso mortales.

2. La FDA ha recibido informes de eventos adversos relacionados con productos que contienen Delta-8 THC.

Desde diciembre de 2020 hasta julio de 2021, la FDA recibió informes de eventos adversos tanto de consumidores como de las fuerzas policiales que describían a 22 pacientes que consumieron productos con Delta-8 THC; de ellos, 14 se presentaron en un hospital o sala de emergencias para recibir tratamiento después del consumo. De los 22 pacientes, 19 experimentaron efectos adversos tras consumir productos alimenticios que contenían Delta-8-THC (por ejemplo, brownies, gomitas). Los eventos adversos incluyeron vómitos, alucinaciones, problemas para mantenerse en pie y pérdida de conciencia.  

Los centros nacionales de control de envenenamiento recibieron 661 casos de exposición a productos con Delta-8-THC entre enero de 2018 y el 31 de julio de 2021, 660 de los cuales ocurrieron entre el 1 de enero de 2021 y el 31 de julio de 2021. De los 661 casos de exposición:

  • El 41% implicó una exposición no intencional al Delta-8-THC y el 77% de estas exposiciones no intencionales afectaron a pacientes pediátricos menores de 18 años.
  • El 39% afectó a pacientes pediátricos menores de 18 años.
  • El 18% requirió hospitalizaciones, incluyendo niños que requirieron ingreso en la unidad de cuidados intensivos (ICU, por sus siglas en inglés) tras la exposición a estos productos.

3. El Delta-8 THC tiene efectos psicoactivos y embriagantes.

El Delta-8 THC tiene efectos psicoactivos y embriagantes, similares a los del Delta-9 THC (es decir, el componente responsable del “subidón” que pueden experimentar las personas al consumir cannabis). La FDA está al tanto de los informes de los medios de comunicación sobre productos con Delta-8 THC que hacen que los consumidores estén “drogados”.  La FDA también está preocupada por el hecho de que los productos con Delta-8 THC probablemente expongan a los consumidores a niveles de la sustancia mucho más elevados que los que se dan de forma natural en los extractos crudos de cáñamo. Por lo tanto, no se puede confiar en el uso histórico del cannabis para establecer un nivel de seguridad para estos productos en los seres humanos.   

4. Los productos de Delta-8 THC a menudo implican el uso de productos químicos potencialmente dañinos para crear las concentraciones de Delta-8 THC que se afirman en el mercado.

La cantidad natural de Delta-8 THC en el cáñamo es muy baja, y se necesitan productos químicos adicionales para convertir otros cannabinoides del cáñamo, como el CBD, en Delta-8 THC (es decir, conversión sintética). Las preocupaciones con este proceso incluyen:

  • Algunos fabricantes pueden utilizar productos químicos domésticos potencialmente nocivos para fabricar Delta-8 THC mediante este proceso de síntesis química. Se pueden utilizar productos químicos adicionales para cambiar el color del producto final. El producto final de Delta-8 THC puede tener subproductos potencialmente dañinos (contaminantes) debido a los productos químicos utilizados en el proceso, y hay incertidumbre con respecto a otros contaminantes potenciales que pueden estar presentes o producirse dependiendo de la composición de la materia prima inicial. Si se consumen o inhalan, estas sustancias químicas, incluidas algunas utilizadas para fabricar (sintetizar) el Delta-8 THC y los subproductos creados durante la síntesis, pueden ser perjudiciales.
  • La fabricación de productos de Delta-8 THC puede llevarse a cabo en entornos no controlados o antihigiénicos, lo que puede dar lugar a la presencia de contaminantes nocivos u otras sustancias potencialmente dañinas.   

5. Los productos de Delta-8 THC deben mantenerse fuera del alcance de los niños y las mascotas.

Los fabricantes están envasando y etiquetando estos productos de forma que puedan resultar atractivos para los niños (gomitas, chocolates, galletas, dulces, etc.).  Estos productos pueden comprarse en línea, así como en una variedad de establecimientos, incluyendo tiendas de conveniencia y gasolineras, donde puede que no haya límites de edad sobre quién puede comprar estos productos. Como se ha comentado anteriormente, se han producido numerosas alertas de centros de control de envenenamiento que implican a pacientes pediátricos que estuvieron expuestos a productos que contienen Delta-8-THC. Además, los centros de control de envenenamiento de animales han indicado un fuerte aumento general de la exposición accidental de las mascotas a estos productos. Mantenga estos productos fuera del alcance de los niños y las mascotas.

¿Por qué está notificando la FDA al público sobre el Delta-8 THC?

Una combinación de factores ha llevado a la FDA a proporcionar a los consumidores esta información. Estos factores incluyen:

  • Un aumento de los informes de eventos adversos a la FDA y a los centros de control de envenenamientos del país.
  • La comercialización, incluida la comercialización en línea de productos que resulta atractiva para los niños.
  • Preocupación por la contaminación debida a los métodos de fabricación que en algunos casos pueden utilizarse para elaborar productos comercializados de Delta-8 THC. 

La FDA está trabajando activamente con socios federales y estatales para seguir abordando las preocupaciones relacionadas con estos productos y vigilando el mercado en busca de quejas sobre los productos, eventos adversos y otros productos emergentes derivados del cannabis de potencial preocupación. La FDA advertirá a los consumidores sobre problemas de salud pública y seguridad, y tomará medidas, cuando sea necesario, cuando los productos regulados por la FDA infrinjan la ley.

Cómo reportar quejas y casos de exposición accidental o eventos adversos:

Si cree que tiene un efecto secundario grave que supone un peligro inmediato para su salud, llame al 9-1-1 o la sala de emergencias de su localidad. Se alienta a los profesionales de la salud y a los pacientes a que comuniquen las quejas, los casos de exposición accidental y los acontecimientos adversos al programa MedWatch de Información de Seguridad y Reporte de Eventos Adversos de la FDA:

Para más información sobre el Delta-8 THC:  RED DE ALERTA DE SALUD DE LOS CDC (HAN, POR SUS SIGLAS EN INGLÉS) – añada el enlace cuando esté disponible

La Asociación Americana de Centros de Control de Envenenamientos (AAPCC, por sus siglas en inglés) mantiene el Sistema Nacional de Datos sobre Envenenamientos (NPDS, por sus siglas en inglés), que alberga registros de casos no identificados de información recopilada de las personas que llamaron durante la gestión de la exposición, y llamadas de información sobre envenenamientos gestionadas por los centros de control de envenenamientos del país (PCC, por sus siglas en inglés).  Los datos del NPDS no reflejan todo el universo de exposiciones a una sustancia concreta, ya que puede haber exposiciones adicionales que no se reporten a los PCC; por lo tanto, no debe interpretarse que los datos del NPDS representen la incidencia completa de las exposiciones a cualquier sustancia en los EE. UU.  Las exposiciones no representan necesariamente un envenenamiento o sobredosis, y la AAPCC no puede verificar completamente la exactitud de cada informe.  Las conclusiones basadas en los datos del NPDS no reflejan necesariamente las opiniones de la AAPCC.
 

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el Delta-8 THC Tiene Graves Riesgos Para la Salud

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5 Cosas que Debe Saber Sobre el Delta-8 Tetrahidrocannabinol – Delta-8

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#CBD #Hemp http://www.fda.gov/consumers/articulos-en-espanol/5-cosas-que-debe-saber-sobre-el-delta-8-tetrahidrocannabinol-delta-8-thc September 16, 2021 4:02 pm

Ad valorem excise taxes are not the way to go for marijuana. 

Ad valorem excise taxes are not the way to go for marijuana. 

Ad valorem excise taxes are not the way to go for marijuana.  Ideological adversaries agree on that, if on little else!  The left-leaning Institute for Taxation and Economic Policy warned, in a detailed report, that ad valorem price-based “ad valorem” taxes on marijuana are a recipe for trouble when prices go down – as they do in every jurisdiction where legalization takes hold. https://itep.org/taxing-cannabis/  

More recently, the right-leaning Tax Foundation has joined the warning:  “states risk losing out on forecasted revenue if prices continue to go down.” https://taxfoundation.org/safe-banking-act-state-marijuana-revenues/

We needn’t use ad valorem taxes at all for marijuana.  The bill phases ad valorem taxes out, but keeps them too long, then compounds the error by de facto freezing them.  

The draft sticks precisely to the early 2017 design of the old Blumenauer-Wyden bill, with ad valorem taxes for five years before switching to “specific” (non-ad valorem) taxes, only at that late date taxing flower by weight and concentrates by THC.  See http://thehill.com/blogs/pundits-blog/economy-budget/327694-marijuana-legalization-grows-closer-with-senate-tax

2017 is a long time ago for a drug that was first legalized in 2012; we’ve come a long way in what we know since then.

That five-year delay may have had some possible justification in 2017, but not now.  But even then, ad valorem taxes were outdated.  Sure, no one was taxing anything by THC content then – but several states had already worked out taxing raw plant matter by weight, the state of the art tax system in 2017.  In the intervening four years since the 2017 bill, Canada, legalizing in 2018, moved straight into taxing flower by weight immediately, and concentrates by THC content about a year later.  No five-year delay!  The system up north seems to be humming.  Lots of states tax by weight already, and Canada has the gold standard using both bases, weight and THC.  I don’t know why we don’t just go ahead and copy it — now.

Taxing by price means that when the pre-tax price goes down, taxes do, too. So do after-tax prices.  Low taxes and cheap weed are not on some people’s wish list, but not everyone’s. After legalization, pre-tax prices are bound to wither.  Fully legal marijuana won’t sell for hundreds or even dozens of dollars per ounce, pre-tax.

But price taxes create another problem. In case of “vertical integration” like a farm-to-market operation, the bill shies away from taxing the actual price the consumer pays, so it imagines an artificial — and probably arbitrary — “constructive sale price” in section 5903.   This is the amount one person, who is both retail clerk and farmer, supposedly pays his farmer self as a wholesale price.  Shenanigans galore!  Colorado has this kind of unworkable producer price tax on the books but, finding it doesn’t work, has quietly given up. Colorado taxes producers by weight instead of by the de jure price-based ad valorem method in related party transactions.  Nevada taxes producers by weight instead of the de jure price-based ad valorem tax on its statute books, last I heard – in all transactions.

— Sent to sponsors of U.S. Senate marijuana bill.


#CBD #Hemp
Ad valorem excise taxes are not the way to go for marijuana. 
September 1, 2021 7:03 pm

Hold Hearings before legalizaing marijuana federally

Hold Hearings before legalizaing marijuana federally

Here’s one of my messages to sponsors of federal marijuana legalization bill:

Dear Senators and Staffers,

On the joint Congressional Committee that devoted four full days of public hearings to liquor taxes alone in December 1933 were a future Supreme Court Justice (Vinson), a future Speaker of the House (McCormack), and a future Vice President (Barkley).  That kind of work might well help Congress today.  The 1933 hearings were hardly a political graveyard for those who took time to listen and study tricky issues.

Those four days covered only taxes, and only liquor – not beer, not wine.  Marijuana legalization needs more work than liquor taxes did in 1933. Unlike with cannabis, we had already had lots of experience taxing liquor.  But Congress studied liquor taxation thoroughly anyway.

Hearings in the Senate Finance Committee on taxes would help, I’d say, as a tax scholar and a former staffer there.  The tax structure in the draft is going to receive severe criticism, only some of it from me, and things have changed dramatically from the Wyden-Blumenauer bill of 2017, whose tax provisions the CAOA basically copies.  Canada has started taxing THC in concentrates, for instance, and New York and Connecticut are going to try to tax it in flower.  These are new developments since 2017 – and warrant a new tax structure.  But what structure?  No one knows. 

There is lot of work for Senators and your staffs to do – and plenty of time to do it in, I suspect, as marijuana legalization will not happen overnight.

In 1933, the Committee heard input from staff, the executive branch, academics, and interested private parties (once known as special interests, now known as stakeholders).  The Ways & Means and Finance Committees reported out a bill in short order, and President Roosevelt signed it in January.  A success story — the result of listening and working.

Here’s the source material, attached. [Newrevenue readers — ask by email for a google drive copy of the large file if you want.]

 Tax on Intoxicating Liquor, Joint Hearings Before the Committee on Ways and Means, House of Representatives and the Committee on Finance, United States Senate, 73d Congress, Interim, 1st and 2d Sessions, Dec. 11-14, 1933, at 309.  


#CBD #Hemp
Hold Hearings before legalizaing marijuana federally
August 29, 2021 9:51 pm

Technical tax comment on federal marijuana bill

Technical tax comment on federal marijuana bill

Comment on the Cannabis Administration and Opportunity Act draft submitted to the Act’s authors:

I don’t understand what (B) is doing in new 26 U.S.C. 5902(a)(2).  

‘‘(2) THC-MEASURABLE CANNABIS PRODUCT.—

The term ‘THC-measurable cannabis product’ means any cannabis product—

‘‘(A) with respect to which the Secretary has made a determination that the amount of tetrahydrocannabinol in such product (or any particular category of products which includes such product) can be measured with a reasonable degree of accuracy—

 ‘‘(i) consistent with good commercial practice, and

 ‘‘(ii) sufficient to protect the revenue and the public, or

 ‘‘(B) which is not cannabis flower and the concentration of tetrahydrocannabinol in which
is significantly higher than the average such concentration in cannabis flower.

+++

 If (A) is satisfied, OK, we know how to measure THC in this product.  Case closed.

If (A) is not satisfied, THC can’t be accurately measured, so at first blush, tax should not be calculated by THC.  

But maybe (B) taxes by THC content something where THC can’t be certifiably accurately measured.  I don’t understand.  (A) alone, without (B), seems to do the job.

(B) seems unnecessary and confusing.  What is (B) supposed to do?  I don’t know.

Thank you.


#CBD #Hemp
Technical tax comment on federal marijuana bill
August 28, 2021 3:43 pm

The profit motive and medical marijuana in North Carolina

The profit motive and medical marijuana in North Carolina

Here are comments on North Carolina SB711 sent to Senators on the Health Committee.

++++

John D. Rockefeller, Jr., was a Baptist teetotaler who opposed alcohol and a Republican businessman who liked the profit motive.  When prohibition was repealed in 1933, Rockefeller didn’t want profit-maximizers retailing liquor.  For health and temperance, he said, let the states themselves sell liquor—and that’s the North Carolina way.  

This bill would let just 10 big companies sell medical cannabis.  If the recreational kind is legalized, those companies will say, “Hooray,” and line up to control the recreational market.  That’s the profit motive.

There’s a more restrictive way than SB711, proven in Canada: Sell medical cannabis only through government retailers—online only, delivered to the patient’s door.  No glitzy storefronts, no marketing to tempt the weak.  No lawsuits claiming cartoons and advertising are protected free speech under the North Carolina Constitution.

Marijuana sellers will say state-run sales are a nonstarter because marijuana is federally illegal, but that’s a diversion.  The federal government simply doesn’t care.  The State of Louisiana has been openly growing and selling marijuana for years – with impunity.  The federal government hasn’t batted an eye.

How about the voters?  In a 2013 North Carolina poll, state marijuana sales beat private sales by 3-to-1.  The full poll with cross-tabs is at https://newtax.files.wordpress.com/2013/03/nc-marijuana-polling-march-2013.pdf.

Sure, if state sales are inept and bureaucratic, the illegal market will step up.  But the kind of licensing proposed in SB711 creates a host of problems.  Medicine will be delayed as folks who didn’t get licenses go to court to protest.  Out-of-state interests will go to court to say the bill’s residence restrictions are unconstitutional.  Winning licensees will go to court to say the bill’s advertising rules improperly restrict free speech under the North Carolina Constitution.  Winning licensees may “flip” valuable licenses for huge sums – and shareholders in winning corporate licensees may “flip” their ownership interests to new shareholders – all for huge windfalls.  And naturally enough, winning licensees will aim to maximize sales and profits.

State sales are no easy answer, but they can be safe, quiet, and restrictive.  The profit motive has its place, but for marijuana, maybe North Carolina can restrict it.

+++

Thank you for this opportunity, and for listening to me and others.  


#CBD #Hemp
The profit motive and medical marijuana in North Carolina
August 28, 2021 2:25 pm

Improving the Medical Cannabis Production Commission in North Carolina

Improving the Medical Cannabis Production Commission in North Carolina

Draft statement of Pat Oglesby, Center for New Revenue, for the North Carolina Senate Judiciary Committee meeting August 18 at 2 p.m.

Medical marijuana is coming to North Carolina, like it or not.  Like most people, I’m for that.

But Senate Bill 711 could be improved in a lot of ways, I think.

Here’s one.

New N.C.G.S. section 90-113.122 would say the Medical Cannabis Production Commission is to have two industry representatives among its nine members.  The industry doesn’t need representatives on the Commission. Marijuana sellers can lobby the Commission quite readily, just as they can present their views to the North Carolina Senate without being Senators.

The industry naturally wants to maximize profits, and maximize sales.  That’s the American way.  But why should industry representatives vote about how to regulate themselves?  That’s regulatory capture.  The Commission needs to serve the general public interest.  We don’t mandate power companies on the Utilities Commission.  We don’t mandate liquor companies and bar owners on the North Carolina Alcoholic Beverage Control Commission.  We mandate professors on the UNC Board of Governors.  The way the bill is written now, the Commission is of the marijuana sellers, by the marijuana sellers, for the marijuana sellers.  

Let’s not put any foxes on the Henhouse Commission.


#CBD #Hemp
Improving the Medical Cannabis Production Commission in North Carolina
August 18, 2021 2:21 pm

Medical marijuana money in NC

Medical marijuana money in NC

Speaking to the North Carolina Senate Finance Committee on medical marijuana money, 19’26” mark on video:https://www.wral.com/nc-medical-marijuana-bill-approved-by-another-senate-panel/19782886/

And here’s a verbatim transcript, all too accurate, I’m afraid, in reporting my stream-of-consciousness delivery:

“I’m Pat Oglesby with the Center for New Revenue. I think you’re leaving a lot of money on the table here. $50,000 [for an intial license]. These folks would if you had an auction, I hesitate to think how many people, how much money people would pay for these licenses . . .  in Maryland last earlier this month, a medical marijuana license [sold] for $8 million dollars … there’s another way and Canada has done it. They have the provinces have, there have a monopoly on medical marijuana, That’s how it started delivery only. Online only. No glamour, no glitz. The patients just get the patients the medicine and the government gets the money.  In Louisiana. The government gets the money that the state of Louisiana has a monopoly on medical marijuana growing and it uses the L. S. U. And Southern University which correspond to our N. C. State and A. N. T. And they get that money. Now people say, well then the patient is not going to buy it from the government. They don’t trust the government and that may be true, but I trust the government and that’s why I’m here today and I really hope you all take a good look, getting some more revenue out of this thing. Thank you very much.”


#CBD #Hemp
Medical marijuana money in NC
August 1, 2021 9:13 pm

Prepared remarks for NC Senate Finance Committee, July 22, 2021, on medical marijuana

Prepared remarks for NC Senate Finance Committee, July 22, 2021, on medical marijuana

Mr. Chairman and Members of the Committee:

Thank you for having me.  I’m Pat Oglesby.  I live in Senator Foushee’s district now, but I’m originally from the home of the Shad Festival, Grifton.  I’ve practiced tax law, been a staff lawyer for the Joint Congressional Committee on Taxation and the U.S. Senate Finance Committee, taught classes at the Kenan-Flagler Business School, and been a member of angel investment groups.  I’ve founded the Center for New Revenue, a non-profit that looks at marijuana revenue, and advised state governments on marijuana, pro bono and for pay.  

I’m an analyst, not an advocate.  There’s a lot of money on the table.  A billion dollars’ worth of medical marijuana was soldin the first 40 months of medical-only legalization in Maryland.  This month, a single medical marijuana license there sold for $8 million.

There’s another way.  In Canada, provinces started out having a government retail medical marijuana monopoly – online only, delivery only, no glitz.  In Louisiana, the 2 land grant universities, LSU and Southern, have had a monopoly on growing medical marijuana for years.  Federally illegal!  Yes, but the federal government knows that, and is winking – and not lifting a finger.

There are pros and cons.  The for-profit model is likely to be more efficient and patient-friendly.  Government can be bureaucratic.  Buying from the government is like chowing down at the school cafeteria; buying from entrepreneurs is like dining on Restaurant Row. Government sales cost more to start up, though they bring in more revenue in the long run. Government sellers can set fair prices and prevent diversion.  They won’t try to boost demand, and won’t say advertising restrictions are unconstitutional. 

Maybe people don’t trust government.  But in a 2013 poll, North Carolina voters preferred government marijuana sales over private sales by a 3 to 1 margin.  The poll is available at www.newrevenue.org.  

Patients need medicine.  Someday, somehow, we’ll stop making them break the law.  There’s no single right way to do it – but a lot to think about.  I wish you well.

+++

Speakers were given only 2 minutes instead of the 3 I hoped for, so I ad libbed. More to come.


#CBD #Hemp
Prepared remarks for NC Senate Finance Committee, July 22, 2021, on medical marijuana
July 28, 2021 8:05 pm

Marijuana sales in North Carolina, public or private? 2013 poll

Marijuana sales in North Carolina, public or private? 2013 poll

Full results with more cross-tabs are at https://newtax.files.wordpress.com/2013/03/nc-marijuana-polling-march-2013.pdf. I hope to refer to this poll at a meeting of the North Carolina Senate Finance Committee the afternoon of July 21, 2021.


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Marijuana sales in North Carolina, public or private? 2013 poll
July 21, 2021 6:32 am

Senate Marijuana Bill’s Taxes Are Old-Fashioned.

Senate Marijuana Bill’s Taxes Are Old-Fashioned.

The new Schumer-Wyden-Booker marijuana legalization bill is available.

It’s disappointing that the sticks precisely to the early 2017 design of the Blumenauer-Wyden bill, with ad valorem taxes for five years before switching to “specific” (non-ad valorem) taxes, only at that late date taxing flower by weight and concentrates by THC.  See http://thehill.com/blogs/pundits-blog/economy-budget/327694-marijuana-legalization-grows-closer-with-senate-tax. 2017 is a long time ago for a drug that was first legalized in 2012; we’ve come a long way in what we know since then.

That five-year delay may have had some possible justification in 2017, but not now.  But even then, ad valorem taxes were outdated.  Sure, no one was taxing anything by THC content – but several states had already worked out taxing raw plant matter by weight, the state of the art tax system in 2017.  In the intervening four years, Canada, legalizing in 2018, moved straight into taxing flower by weight immediately, and concentrates by THC content almost immediately.  No five-year delay!  The system up north seems to be humming.  Lots of states tax by weight already, and Canada has the gold standard using both bases, weight and THC.  I don’t know why we don’t just go ahead and copy it — now.



#CBD #Hemp
Senate Marijuana Bill’s Taxes Are Old-Fashioned.
July 15, 2021 6:41 pm

Did Colorado Just Ban CBD?

In the announcement of their ban on Delta-8 THC, MED said: ““chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product’” in state laws.”

Decarboxylation of CBDa to CBD fits that definition, as does the current practice of converting CBDa to CBN. Plus the ~6 pounds of THCa in every acre of hemp, when it gets removed or decarboxylated.

Banning any Cannabinoid is a slippery slope to banning the other 150. Prohibition never works.

But just as a “hammer sees only nails,” bureaucrats ban. That’s all they know.

Read more: https://hemptoday-net.cdn.ampproject.org/c/s/hemptoday.net/ban-on-delta-8-thc-spreads-as-colorado-warns-dispensaries/amp/

Hemp & Fascism

Regarding Hemp in Italy, from Canapando:

“Cannabis & Fascism

A small excerpt from the history of Hemp at the time of Fascism.

Many know the numerous uses that can be made of hemp and that its cultivation and exploitation by man dates back more than 2500 years ago.

However, not everyone knows that Italy has a prestigious tradition in this field both for the quality and quantity of cannabis produced.

Among other things, paradoxically, the heyday for the Italian hemp sector was between the early 1920s and the mid 1940s, in the midst of the Fascist period.

Between the end of the 19th century and the beginning of the 20th century, the Italian hemp yarn was renowned all over the world for its softness, luster and whiteness.

These crops were mainly distributed in Northern Italy and it is estimated that in 1923 the sector employed about 20,000 people as reported in the Catalog of the Linificio e Canapificio Nazionale. This catalog was an expression of the national industrial association. In short, it was not the stuff of long-haired junkies as a certain part of public opinion wants to pass those who do business with this plant, but prestigious businessmen.

Important processing plants for this plant were located in Cassano d’Adda, where already in 1895 there was a rope factory that exported all over the world and in Genoa which boasted a company of yarns for the naval industry first in the whole Mediterranean for production.

Italy was so advanced in Europe that in 1913 the Reich Office for the Interior drafted a report on the cultivation and processing of hemp in Italy.

This is an excerpt: “ The overall extension of hemp cultivation in Italy is currently to be estimated at around 90,000-100,000 hectares. In the first place is definitely Emilia, in particular the province of Ferrara, where about 12% of the entire surface is worked with hemp ”.

In 1918 the union of Spinners and Hemp Weavers was born.

Of course, this sector too was coordinated and supervised by the Fascist Farmers Confederation, which controlled all the consortia.

In practice, it regulated production, proportioning it to the demand for consumption, using the most suitable land and areas, but also valued the products, seeds and derivatives, and promoted the maceration processes of the fiber and the technical evolution.

The importance of the hemp sector was such that the Duce himself put it this way in 1925 : “Hemp was placed by the Duce, on the agenda of the nation, because autarchic par excellence is destined to emancipate us as much as possible from the heavy tax we have again abroad in the textile fiber sector. It is not only the agricultural economic side, there is also the social side whose impact could not be better highlighted than by the following figure: 30,000 workers to whom the Italian hemp industry employs”.

The beginning of the decline in the reputation of cannabis came a few years later when the historical process that led us to the falsifications and mystifications of today begins.

Hashish, its recreational derivative, is declared an enemy of race and drugs by “ner**i”.

Despite this, the industrial use of the plant continued to grow until the end of the Second World War.

In 1941, ENEC , the National Hemp Exporting Body, was born , which has a monopoly on the sale abroad of both raw and combed hemp and hemp tow and controls the export of manufactured goods. Also in the same year, the area cultivated with hemp went from 60 thousand hectares in 1934 to 102 thousand .

This is the peak of production in Italy, from here on an unstoppable meltdown will begin.

A decline desired by politics and international lobbies, which have pushed the use of fibers derived from petroleum such as rayon, nylon or cotton.

On the other hand, Italy had entered the western bloc and the Marshall Plan did not allow for replicas in terms of industrial and economic strategic choices.

Thus the American boycott together with its prohibition makes it an ideological question and defines the contours of an evil work: the slow decline of one of the most useful plants for man and its demonization.

The result was the national extinction of all types of crops in 1971.”

Congress: S. 1698: A bill to allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food.

Congress: 
S. 1698: A bill to allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food.
Introduced: Sponsor: Sen. Ron Wyden [D-OR]

This bill was referred to the Senate Committee on Health, Education, Labor, and Pensions which will consider it before sending it to the Senate floor for consideration.

1 cosponsor is on that committee.

#CBD #Hemp
https://www.govtrack.us/congress/bills/117/s1698?utm_campaign=govtrack_feed&utm_source=govtrack/feed&utm_medium=rss
May 19, 2021 4:00 am

Cheese = Schedule 1?

Cheese is dangerous and of “no medical value” with a “high potential for abuse.” It meets all the requirements for Schedule I, unlike Cannabis.

I actually sold over $100 million in TofuRella cheese alternative, so I know all-too-well the heartbreak of cheese addiction. It starts with a little cheddar or jack, then increases to brie and gouda. Eventually they’re found hustling the streets for american processed cheese food slices.

“Oral administration of a form of sugar found in milk causes brain damage in rats. If we use the current model and justification for marijuana prohibition, it looks like milk, cheese and ice cream should be placed in Schedule 1.” Clint Werner

Read more at: https://pubmed.ncbi.nlm.nih.gov/26748256/

DEA Opens Up Pot Research With Scientist Agreements

DEA Opens Up Pot Research With Scientist Agreements The U.S. Drug Enforcement Administration told researchers on Friday that it is likely to allow them to grow marijuana for their work, opening up the field of cannabis science after President Joe Biden said he wanted more information before he would consider federal legalization. #CBD #Hemp https://www.law360.com/cannabis/articles/1385153?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 10:01 pm

Cannabis Bill Roundup: Neb. Advocates Eye Medical Pot Redo

Cannabis Bill Roundup: Neb. Advocates Eye Medical Pot Redo In the past week, Republican members of Congress pitched their own proposal for decriminalizing cannabis while medical marijuana advocates in Nebraska announced they would take the battle from the statehouse to the ballot box. Here are the major developments in cannabis law reform. #CBD #Hemp https://www.law360.com/cannabis/articles/1384905?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 9:25 pm

REIT Innovative Industrial Buys Pa. Property For $42M

REIT Innovative Industrial Buys Pa. Property For $42M Innovative Industrial Properties has purchased an industrial property in Pittsburgh from cannabis operator Parallel for roughly $41.8 million, according to an announcement Friday from the cannabis-focused real estate investment trust. #CBD #Hemp https://www.law360.com/cannabis/articles/1384875?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 5:58 pm

Minn. House OKs Legalizing, Taxing Recreational Marijuana

Minn. House OKs Legalizing, Taxing Recreational Marijuana Minnesota would legalize recreational marijuana and impose gross receipts and use taxes on sales of cannabis products under a bill passed by the state House of Representatives. #CBD #Hemp https://www.law360.com/cannabis/articles/1384910?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 5:41 pm

Fla. Appellate Court Tosses Investors From $17M Pot Co. Suit

Fla. Appellate Court Tosses Investors From $17M Pot Co. Suit A Florida appellate panel dismissed nine investors’ fraud claims Friday against cannabis company American Patriot Brands in a wide-ranging lawsuit after finding they had agreed to litigate any disputes over their investments in the California-based company. #CBD #Hemp https://www.law360.com/cannabis/articles/1384988?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 5:35 pm

Miss. High Court Overturns Medical Pot Ballot Measure

Miss. High Court Overturns Medical Pot Ballot Measure Mississippi’s Supreme Court on Friday overturned a voter-approved measure to legalize medical cannabis, ruling that the election law governing ballot referendums in the state has been out of date for nearly 20 years. #CBD #Hemp https://www.law360.com/cannabis/articles/1385105?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 5:07 pm

Ex-Mayor Convicted In Boston's 1st Big Trial Of Pandemic

Ex-Mayor Convicted In Boston's 1st Big Trial Of Pandemic A Boston federal jury on Friday convicted the former mayor of Fall River, Massachusetts, on most counts in a case alleging he stole from investors and separately extorted cannabis businesses, handing prosecutors a win in the district’s first high-profile criminal trial since the COVID-19 pandemic began. #CBD #Hemp https://www.law360.com/cannabis/articles/1383266?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 12:22 pm

Pot Businesses Face Texting Bans, Industry Group Says

Pot Businesses Face Texting Bans, Industry Group Says The National Cannabis Industry Association says some of its members that use text messaging to market their products and stores are finding themselves shut out of texting platforms, as the industry faces lawsuits over unwanted texts and cell service providers crack down on marketing messages. #CBD #Hemp https://www.law360.com/cannabis/articles/1384667?utm_source=rss&utm_medium=rss&utm_campaign=section May 13, 2021 9:56 pm

CDB Processor Wins Extension In Contract Dispute Case

CDB Processor Wins Extension In Contract Dispute Case A Kentucky federal judge granted a CBD processor an additional three weeks Thursday to potentially avoid a $634,500 default judgment arising from its dispute with a hemp supplier, despite months of inaction on the CBD company’s part. #CBD #Hemp https://www.law360.com/cannabis/articles/1383628?utm_source=rss&utm_medium=rss&utm_campaign=section May 13, 2021 8:48 pm

Okla. Says Pot's Federal Illegality Dooms Residency Challenge

Okla. Says Pot's Federal Illegality Dooms Residency Challenge The state of Oklahoma once again defended its residency rules for medical cannabis licensees, telling a federal judge on Wednesday that there can be no constitutional protections for interstate marijuana commerce because the drug is federally illegal. #CBD #Hemp https://www.law360.com/cannabis/articles/1384556?utm_source=rss&utm_medium=rss&utm_campaign=section May 13, 2021 8:22 pm

Trulieve Says Investors' Moldy Pot Suit Doesn't Pass Muster

Trulieve Says Investors' Moldy Pot Suit Doesn't Pass Muster Florida’s largest medical cannabis company has asked a federal judge to toss a consolidated securities suit once and for all, saying the investors had failed to allege that the company misled anyone about the risks of crop contamination. #CBD #Hemp https://www.law360.com/cannabis/articles/1383620?utm_source=rss&utm_medium=rss&utm_campaign=section May 12, 2021 9:21 pm

GOP Reps. Pitch Bill To Federally Decriminalize Cannabis

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2 Charged For Roles In $650M Weed, Cattle Ponzi Scheme

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Privately Held Pot Co. Raises $55M In Deal Led By 2 Firms

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Boston Weighing Tighter Restrictions On Pot Delivery

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Court Tosses RICO Claims Against Cannabis Cos.

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Cannabis Co. Says It Was Elbowed Out Of Extractor Deal

Cannabis Co. Says It Was Elbowed Out Of Extractor Deal Cannabis tech company SHO Products LLC is seeking at least $1 million in damages in California federal court from an inventor that it claims violated an exclusivity agreement by leasing a commercial cannabis resin extraction unit called the Hashatron without including SHO in the deal. #CBD #Hemp https://www.law360.com/cannabis/articles/1382837?utm_source=rss&utm_medium=rss&utm_campaign=section May 11, 2021 6:41 pm

Pepsi Must Cover Med Pot Costs After NJ High Court Ruling

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Congress: H.R. 841: Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2021

Congress: 
H.R. 841: Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2021
New Cosponsors: New Cosponsor: Rep. Antonio Delgado [D-NY19]
New Cosponsor: Rep. Nancy Mace [R-SC1]

The bill now has 25 cosponsors (16 Democrats, 9 Republicans).

#CBD #Hemp
https://www.govtrack.us/congress/bills/117/hr841?utm_campaign=govtrack_feed&utm_source=govtrack/feed&utm_medium=rss
May 11, 2021 4:00 am

Canopy Didn't Mean To Mislead Investors, Judge Says

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CBD Co. Agrees To Pay $500K Over Health Claims

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4 Firms Guide Trulieve's $2.1B Deal For Pot Industry Peer

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THC + CBD and Memory Study

THC + CBD and Memory Study

Conditions: Marijuana Use; Cannabis Use; Cannabis Intoxication
Interventions: Drug: High THC/No CBD Marihuana; Drug: High THC/High CBD Marihuana; Drug: No THC/No CBD Marihuana
Sponsors: Hartford Hospital; Yale University. Not yet recruiting
http://www.clinicaltrials.gov/ct2/show/NCT04855526?term=cannabinoid+OR+cannabidiol+OR+Cannabis+OR+THC&lupd_s=04%2F08%2F2021&lupd_d=14

Cannabis Bill Roundup: Medical Pot Advances In The South

Cannabis Bill Roundup: Medical Pot Advances In The South Lawmakers in a host of southern states this week advanced or approved bills to reform or create a medical cannabis program, while in states where marijuana is already fully legal, legislators are moving ahead with policies allowing for home grow and union participation in the space. Here are the major legislative developments in cannabis from the last week. #CBD #Hemp https://www.law360.com/cannabis/articles/1382639?utm_source=rss&utm_medium=rss&utm_campaign=section May 7, 2021 8:55 pm

Medical Pot Co. Says IT Biz Faked Signature In $10M Contract

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UCANN Says It Doesn't Owe Atty Fees After Patent Suit

UCANN Says It Doesn't Owe Atty Fees After Patent Suit United Cannabis Corp. is fighting CBD company Pure Hemp Collective’s bid for $300,000 in attorney fees after United Cannabis dropped a patent infringement suit against the company, arguing it has no liability because Pure Hemp willingly dropped its claims as well. #CBD #Hemp https://www.law360.com/cannabis/articles/1382169?utm_source=rss&utm_medium=rss&utm_campaign=section May 6, 2021 5:31 pm

Pot Co. Can't Sell Nerds Knockoff, Calif. Judge Says

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Ex-Mayor's Fraud, Bribery Case Nears End As Defense Rests

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Ex-Mass. Pot Regulator Joins Vicente Sederberg

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Ex-Calif. Officials Each Get 2 Years In Pot Permit Bribe Row

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Pot Connection May Complicate Claims To 'Raw' Brand Name

Pot Connection May Complicate Claims To 'Raw' Brand Name An Arizona federal judge is refusing to end a trademark dispute between a cannabis company and a smoking materials maker over the word “raw,” saying it’s too early to decide if a link to illegal products voided trademark protection. #CBD #Hemp https://www.law360.com/cannabis/articles/1381785?utm_source=rss&utm_medium=rss&utm_campaign=section May 5, 2021 8:51 pm

Fla. Pot Legalization, Taxation Fail In Legislature

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Mass. Mayor Took Cash Bribe Stuffed In Clipboard, Jury Told

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Compliance Co. Fyllo Hires Curaleaf Atty As CLO

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CBD Co. Wants Initial OK For $300K Deal In Data Breach Row

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Skittles Maker Claims Hemp Co. Violated Its Trademark

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DC Judge Says Challenge To DEA Hemp Rule In Wrong Court

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PE Firms Want Out Of Pot RICO Suit Against Harvest, Verano

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Pot Co.'s $42M NY Greenhouse Buy Steered By 2 Firms

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CBD Co. Hit With $12M Fraud Suit Over Failed Biz Transaction

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Cannabis Co. Expected To Plead In Ethanol Dumping Case

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Delta-8 Craze Puts Pot Attorneys On The Spot

Delta-8 Craze Puts Pot Attorneys On The Spot The legal gray area around a new cannabinoid called Delta-8-THC, which can be derived from hemp but promises to get users high, is putting lawyers in a bind as they try to advise clients hoping to take advantage of the new market. #CBD #Hemp https://www.law360.com/cannabis/articles/1377167?utm_source=rss&utm_medium=rss&utm_campaign=section April 29, 2021 1:01 pm

Louisiana House Panel Advances Pot Legalization Bill

Louisiana House Panel Advances Pot Legalization Bill A Louisiana state House committee has passed a bill that would allow adults 21 and older to purchase and possess marijuana, as various other proposals related to recreational cannabis make their way through the state legislature. #CBD #Hemp https://www.law360.com/cannabis/articles/1379626?utm_source=rss&utm_medium=rss&utm_campaign=section April 28, 2021 9:03 pm

Maine Says Medical Pot Rule Doesn't Flout Commerce Clause

Maine Says Medical Pot Rule Doesn't Flout Commerce Clause Maine and a group of local cannabis companies have fired back at claims that the state’s residency rule for medical pot dispensaries violates the U.S. Constitution’s dormant commerce clause, saying there is no national medical marijuana market for the clause to protect. #CBD #Hemp https://www.law360.com/cannabis/articles/1379255?utm_source=rss&utm_medium=rss&utm_campaign=section April 27, 2021 8:51 pm

SD High Court May Be A Litmus Test On Cannabis Initiatives

SD High Court May Be A Litmus Test On Cannabis Initiatives A majority of South Dakotans voted to legalize recreational marijuana on Election Day. After a monthslong legal battle, the state’s Supreme Court on Wednesday will consider whether the ballot measure stands. Here’s how the battle has played out so far, and what it could mean for other states. #CBD #Hemp https://www.law360.com/cannabis/articles/1379318?utm_source=rss&utm_medium=rss&utm_campaign=section April 27, 2021 8:21 pm

Feds Want 2½ Years For Ex-Calif. Officials In Pot Permit Bribe

Feds Want 2½ Years For Ex-Calif. Officials In Pot Permit Bribe The federal government has asked a judge to sentence two former California city officials to 30 months in prison with three years of supervised release after they admitted accepting a $35,000 bribe in exchange for expediting a cannabis dispensary permit application. #CBD #Hemp https://www.law360.com/cannabis/articles/1378874?utm_source=rss&utm_medium=rss&utm_campaign=section April 27, 2021 5:41 pm

Canadian Cannabis Co. Buys Florida CBD Biz For Up To $60M

Canadian Cannabis Co. Buys Florida CBD Biz For Up To $60M Canadian cannabis extractor Valens will pay as much as $60 million to purchase Florida-based CBD products maker Green Roads, the companies said Tuesday, in a deal guided by Stikeman Elliott, Foley Hoag and Greenberg Traurig. #CBD #Hemp https://www.law360.com/cannabis/articles/1379040?utm_source=rss&utm_medium=rss&utm_campaign=section April 27, 2021 5:39 pm

New Guidance on Cannabinoid Products in U.K.

From Ilesol, “New Guidance on CBD in the UK”:

“According to the guidance from the Home Office, the products on the market that can be exempted from the ban of the controlled substances are those whose components don’t contain more than one milligram of a controlled substance. The threshold of one milligram made it possible for CBD manufacturers to demonstrate that their products don’t have an over-the-limit presence of psychoactive substances and, as such, are legal in the UK.

However the amount appeared straightforward, it seems to have presented difficulties in interpretation and analysis, as the Government Chemist team pointed out in their new publication.

They found it unclear whether the threshold of one milligram applies to each illicit cannabinoid or the total sum of them, so they decided to take a worst-case approach, and assumed that the 1 mg threshold covers all psychoactive cannabinoids.

[…]

To avoid costly analytical challenges, the list of twelve cannabinoids can be shortened to five that need to be taken into account for the analysis. Combined, they should efficiently represent the presence of psychoactive cannabinoids in a product. Those are Δ9-THC, Δ9-THCV, Δ8-THC, CBN, and cannabinol methyl ether-C5.”

For more, click here: https://www.gov.uk/government/publications/guidance-on-analytical-limits-for-controlled-cannabinoids

Hemp Economic Mobilization Plan Act (HEMP Act)

Senator Rand Paul is planning to introduce the Hemp Economic Mobilization Plan Act (the H.E.M.P. Act).

It raises max THC to 1%, clarifies delta-9 not total THC, that the margin of uncertainty is 0.075%, and that compliance for local police is defined as possession of a COA for the seed from which it was grown.

It would be better if it mandated non-decarb testing, granted CBD and hemp flower products such as smokable hemp GRAS status to FDA, and allowed pot felons in hemp. It would be great to see the MORE Act have some provision for hemp such as these. Hemp’s biggest problem has long been Marijuana laws.

Testing products not plants is the most “end-use” way of looking at hemp that I’ve seen. Notwithstanding state or local law, it would allow any Cannabis to be grown as long as the finished product was <1% D9 THC. Fiber products would easily comply, even if from marijuana. Currently in Colorado, marijuana stalks are destroyed as if a Schedule 1 controlled substance; this would give them a potential use. Now, if a state were to mandate testing D9 THC only via HPLC or other non-decarb method, literally all Cannabis is hemp. Many other nations have max Total THC at 1%.

It’s heartening that Sen. Paul is still doing this after being thrown to the curb by the hemp industry and Moscow Mitch, both ignoring the fact that Paul carried a hemp legalization bill EVERY session since 2005 when it was time to celebrate the 2018 Farm Bill passing.

MORE Act Defunds Police

Think of the MORE Act as a partial Defund The Police measure.

From the Orange County Register in 2020:

Between the years 2012 and 2017, Reason’s CJ Ciaramella showed the Chicago police department seized $150 million worth of personal property without conviction 23,065 times— the vast majority of those instances occurring in predominantly black neighborhoods. What’s more, in Chicago’s particular case, police were found to have taken everything from cashiers checks to Xbox controllers, and a total of nearly 6,000 vehicles—which seriously disrupts people’s daily life.

This is true looting.

Ciaramella goes on to write that the “average estimated value of a seizure was $4,553, while the median value was $1,049 about three-quarters of all seizures were cash, not property.” The state of Illinois notoriously maintains prosecutors and police that keep up to 90% of all asset forfeiture in state revenue, and if you observe all assets between 2005 and 2015, the number jumps to a net worth of $319 million.

So the police departments and federal agencies like the DEA are taking in revenue to fund their programs, and black people are being forced to provide it.

The following analysis of the $13.7 billion net gain to the federal government from legalizing marijuana like in the MORE Act doesn’t even include decreases in enforcement costs or 280e tax savings, or the savings to citizens from this literal highway robbery. All too often just saying “I smell Marijuana” has been the ace up the sleeve of every trooper who wanted to search a car for cash.

MORE Act Passes House

The MORE Act passed the House today. It moves now to the Senate where it and 395 other bills will sit, democracy and good governance still-born by a madman from Kentucky. But it’s the first movement in 50 years of the lie of Schedule 1 and “no medical value” and I’ll take it.

PS: almost all of it can be done by Executive Order, screw Moscow Mitch. Now watch all those making money on the current dysfunctional system scream and howl in 3-2-1…

Historic U.N. Cannabis Vote Tally

The World Health Organization (WHO) recommendation to delete cannabis and cannabis resin from Schedule IV of the 1961 Convention, but to maintain it in Schedule I of the 1961 Convention was decided by 27 votes to 25 and with one abstention to follow this recommendation. Cannabis and cannabis resin will accordingly be deleted from Schedule IV of the 1961 Convention. They remain in Schedule I of the 1961 Convention and thus remain subject to all levels of control of the 1961 Convention.

The WHO recommendation to move delta-9-tetrahydrocannabinol and its isomers from the schedules of the 1971 Convention to Schedule I of the 1961 Convention was rejected by 23 votes to 28 with 2 abstentions.

The WHO recommendation to delete extracts and tinctures of cannabis from Schedule I of the 1961 Convention was decided by 24 votes to 27 and with 2 abstentions not to adopt this recommendation.

The WHO recommendation to add a footnote to Schedule I of the 1961 Convention to read “Preparations containing predominantly cannabidiol and not more than 0.2 per cent of delta-9-tetrahydrocannabinol are not under international control” was decided by 6 to 43 votes and with 4 abstentions not to add such a footnote.

Good work Michael Krawitz, Kenzi Riboulet-Zemouli, Farid Ghehioueche and team at FAAAT.

Click here to read more.

Kamala Harris: Marijuana Legalizer?

While for most of her career she was a pain in the ass for California marijuana patients, doctors, growers, and vendors, Vice President candidate Kamala Devi Harris appears to have had a change of heart, and that should be honored, applauded, and ultimately leveraged by pro-legalization forces.

No D or R has done more to progress the legalization movement in history than Harris. Nevertheless, it appears she could grow dreads, beg forgiveness on live TV, grow 10 tons of flowers to give free to patients, hit a bong on the Colbert Show, roll a perfect joint every time, and rap on Snoop’s album and it still won’t be enough for some professing to be legalizers. The Cannabis industry’s circular firing squad in action. Purity tests are the favorite tool of Democrats to slow down movements.

Despite the fact that it is not a sure thing and makes her an easy target for foes, her Marijuana Opportunity, Reinvestment and Expungement Act (MORE Act, SB 2227) deschedules marijuana and more. In addition to her MORE Act, Harris co-sponsored Sen. Cory Booker’s Marijuana Justice Act. Similar to her bill, the news that Harris was in favor of the bill in its 2018 marked her shift towards a new attitude on marijuana.

Since then she’s supported the SAFE Banking Act and sent a letter to the Justice Department demanding they stop blocking research on medical Cannabis. Her bid for the Democratic presidential nomination included descheduling marijuana.

In a post to Twitter Harris noted that “legalizing marijuana” was one of the necessary steps toward her goal of ending mass incarceration. This represents a 180° change of heart for her on marijuana.

It is way more than “our friends” in Congress Polis, Blumenauer, Lofgren, Nadler, Gabbard, Perlmutter, Waters, Neguse, DeGette, Markey, Lee, Boxer, Feinstein, Wyden, Warren, or Booker have done. Unless the industry plans on running Tommy Chong or Steve DeAngelo as President, she’s by far the best we got on this right now. In a just world Biden will let her take the lead on this issue.

Here’s the details on her “Marijuana Opportunity Reinvestment and Expungement Act of 2019 or the MORE Act of 2019…

This bill decriminalizes marijuana. Specifically, it removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who manufactures, distributes, or possesses marijuana. The bill also makes other changes, including the following:

replaces statutory references to marijuana and marihuana with cannabis,

requires the Bureau of Labor Statistics to regularly publish demographic data on cannabis business owners and employees,

establishes a trust fund to support various programs and services for individuals and businesses in communities impacted by the war on drugs,

imposes a 5% tax on cannabis products and requires revenues to be deposited into the trust fund,

makes Small Business Administration loans and services available to entities that are cannabis-related legitimate businesses or service providers,

prohibits the denial of federal public benefits to a person on the basis of certain cannabis-related conduct or convictions,

prohibits the denial of benefits and protections under immigration laws on the basis of a cannabis-related event (e.g., conduct or a conviction), and

establishes a process to expunge convictions and conduct sentencing review hearings related to federal cannabis offenses.”

JoMala owes it to us to reform the criminal justice they so badly screwed up.

DEA: HIA Trying to ‘Hijack’ Agency

Ever since HIA sued DEA for legalizing outright 96% of the US hemp industry no max THC, it has no longer been helpful to hempsters, especially HIA.

That suit killed hemp foods for years and almost took Canadian hemp down with it.

Now the king of PR stunts is at it again: https://hempindustrydaily.com/dea-lashes-out-in-hemp-lawsuit-says-hemp-activists-are-trying-to-hijack-agency-priorities/

CannaSearch Daily: 13,505 Posts per Year

CannaSearch Daily for 2/1/2019 to 11/18/2020: 24,277 posts on Cannabis, CBD + Hemp.

Popular to academic, studies to news. Read what the media will write about in a few days to a few years hence, today. Predict market moves.

That’s 37/day, 259/week, 1,110/month, and 13,505/year. Free.

Delivered to your inbox every morning or online, no ads no spam no cost. YW.

CannaSearch Daily

NYS Hemp Regs Set Standard

By the New York state definition, Full Spectrum CBD extract up to 0.3% THC made from hemp and containing large amounts of CBD or CBG is legal, since any cannabinoids present are incidental and not added. FDA has a similar loophole for hempseed oil containing up to 0.3% THC and say 9% CBD, as the cannabinoids are incidental and not added.

New York state defines “full spectrum” as:
• Derived from a hemp extract.
• Contains cannabinoids, aromatics, essential vitamins and minerals, fatty acids, protein, chlorophyll, flavonoids or terpenes.
• Has not been reformulated or has not had cannabinoid isolates or distillates added to it.

MORE Act: Perfect the Enemy of Good?

The 5% excise tax is my only problem with the bill; even a one-penny-per-ton tax demands to have a big expensive bureaucracy handle its administration.

But shall we let perfect be the enemy of good?

The devil is in the details, and we have a strong hand with the landslide for reform last Election Day.

That 5% could only apply to imports and interstate, hence just MSOs (Multi-State Operators, aka: “Big Weed,” large corporate marijuana operations, often publicly-traded companies).

A federal excise tax on only imports and interstate sales of regulated marijuana would give locals an advantage, as it discourages not ban interstate sales of marijuana.

Until the Senate is flipped, almost all of its provisions could be accomplished by Executive Order by President Biden. In my perfect world Harris takes on criminal justice reform, which touches so many Americans, so deeply. From asset forfeiture to minimum mandatories to marijuana legalization, who better to redeem her karma than the effective former prosecutor from California?

TL;DR: text of Kamala Harris’ Marijuana Opportunity Reinvestment and Expungement Act of 2019 or the MORE Act of 2019: https://therichardrosereport.com/the-tldr-of-the-more-act/

List of E.U. Approved Hemp Varieties for 2020

Here is the list of E.U. approved Hemp varieties for 2020. And click here to see the Canadian variety list.

Adzelvieši
Antal
Armanca
Asso
Austa SK
Balaton
Beniko
Bialobrzeskie
Cannacomp
Cannakomp
Carma
Carmagnola
Carmaleonte
Chamaeleon
Codimono
CS
Dacia Secuieni
Delta-405
Delta-llosa
Denise
Diana
Dinkatou
Dioica 88
Earlina 8 FC
Eletta Campana
Epsilon 68
Fasamo
Fedora 17
Fédora 19
Fédrina 74
Felina 32
Felina 34
Ferimon
Férimon 12
Fibranova
Fibrante
Fibriko TC
Fibrimon 24
Fibrimon 56
Fibrimor
Fibrol
Fibror 79
Fibroseed
Finola
Futura
Futura 75
Futura 77
Futura 83
Glecia
Gliana
Helena
Henola
Ivory
Juso 14
KC Bonusz
KC Dora
KC Virtus
KC Zuzana
KCA Borana
Kompolti
Kompolti hibrid TC
Kompolti sárgaszárú
Lipko
Lovrin 110
Marcello
Marina
Markant
Matrix
MGC 1003
MGC 1006
MGC 1013
Mietko
Moniseed
Monoica
Multiseed
Olivia
Orion 33
Pūriņi
Rajan
Ratza
Red petiole
Santhica 23
Santhica 27
Santhica 70
Secuieni Jubileu
Selun
Silesia
Silvana
Sofia
Succesiv
Szarvasi
Teodora
Tiborszallasi
Tisza
Tygra
Uniko B
Uso-31
Villanova
Wielkopolskie
Wojko
Zenit

The TL;DR of the MORE Act

Since not having actually read the MORE Act hadn’t prevented many from arguing ad hominem against it, here is the summary (hint: it’s a damn good start):

Marijuana Opportunity Reinvestment and Expungement Act of 2019 or the MORE Act of 2019

This bill decriminalizes marijuana.

Specifically, it removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who manufactures, distributes, or possesses marijuana.

The bill also makes other changes, including the following:

replaces statutory references to marijuana and marihuana with cannabis,

requires the Bureau of Labor Statistics to regularly publish demographic data on cannabis business owners and employees,

establishes a trust fund to support various programs and services for individuals and businesses in communities impacted by the war on drugs,

imposes a 5% tax on cannabis products and requires revenues to be deposited into the trust fund,

makes Small Business Administration loans and services available to entities that are cannabis-related legitimate businesses or service providers,

prohibits the denial of federal public benefits to a person on the basis of certain cannabis-related conduct or convictions,

prohibits the denial of benefits and protections under immigration laws on the basis of a cannabis-related event (e.g., conduct or a conviction), and

establishes a process to expunge convictions and conduct sentencing review hearings related to federal cannabis offenses.

USDA Hemp Comment Period Ends October 8

You have until October 8 to make comments to USDA regarding hemp:

Establishment of a Domestic Hemp Production Program

Summary
The Agricultural Marketing Service (AMS) is providing an additional thirty (30) days for public comments on the interim final rule (IFR) that established the Domestic Hemp Production Program on October 31, 2019. Reopening the comment period gives interested persons an additional opportunity to comment on the IFR. Comments are solicited from all stakeholders, notably those who were subject to the regulatory requirements of the IFR during the 2020 production cycle.

Dates
The comment period for the interim final rule published on October 31, 2019, at 84 FR 58522, is reopened. Comments must be received by October 8, 2020.

Supplementary Information
The IFR (84 FR 58522, October 31, 2019) was issued under Section 10113 of Public Law 115-334 December 20, 2018, the Agriculture Improvement Act of 2018 (2018 Farm Bill). Section 10113 amended the Agricultural Marketing Act of 1946 (AMA) by adding Subtitle G (sections 297A through 297D of the AMA). Section 297B of the AMA requires the Secretary of Agriculture (Secretary) to evaluate and approve or disapprove State or Tribal plans regulating the production of hemp. Section 297C of the AMA requires the Secretary to establish a Federal plan for producers in States and territories of Indian Tribes not covered by plans approved under section 297B. Lastly, section 297D of the AMA requires the Secretary to promulgate regulations and guidelines relating to the production of hemp in consultation with the U.S. Attorney General. USDA is committed to issuing the final rule expeditiously after reviewing public comments and obtaining additional information during the initial implementation.

Background
The IFR established a domestic hemp production program pursuant to the Agriculture Improvement Act of 2018. The IFR outlines provisions for the U.S. Department of Agriculture (USDA) to approve plans submitted by States and Indian Tribes for the domestic production of hemp. It also establishes a Federal plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plan. The program includes provisions for maintaining information on the land where hemp is produced, testing the levels of total tetrahydrocannabinol, disposing of plants not meeting necessary requirements, licensing requirements, and ensuring compliance with the requirements of the new part. As a supplement to statutory and regulatory requirements, USDA made available additional guidance documents on sampling and laboratory testing. In addition, on February 27, 2020, USDA delayed requirements for hemp testing laboratories to obtain Drug Enforcement Administration (DEA) registration and clarified allowable cannabis disposal methods.

This document notifies the public of the reopening of the comment period from September 8, 2020 to October 8, 2020. Comments previously submitted to USDA by stakeholders during the initial sixty day public comment period [October 31, 2019-December 30, 2019] or during the thirty day extension period [December 31, 2019-January 29, 2020] need not be resubmitted, as these comments are already incorporated into the public record and will be considered in the final rule.

Public Comment Requested
AMS received approximately 4,600 comments from stakeholders during the initial ninety-day public comment period. These comments represent the perspectives of various organizations and individuals within the stakeholder community and provided AMS additional context for decision making. AMS is reopening the public comment period for the IFR to encourage additional input on several topics identified by commenters during the initial ninety-day comment period. The reopening of the public comment period allows stakeholders to provide AMS with further insight gained from the 2020 hemp growing season. AMS is interested in this additional input for all aspects of the U.S. domestic hemp production program, and particularly interested in comments on the following topics:

1: Measurement of Uncertainty for Sampling
2: Liquid Chromatography Factor, 0.877
3: Disposal and Remediation of Non-Compliant Plants
4: Negligence
5: Interstate Commerce
6: 15-Day Harvest Window
7: Hemp Seedlings, Microgreens, and Clones
8: Hemp Breeding and Research
9: Sampling Methodology—Flower vs. Whole Plant
10: Sampling Methodology—Homogenous Composition, Frequency, and Volume
11: Sampling Agents
12: DEA Laboratory Registration

Click here to make comments by October 8, 2020: https://www.regulations.gov/document?D=AMS-SC-19-0042-4666

Kaneh Bosm in New Zealand

Where there’s a will there’s a way. Cannabinoids illegal in your country for human consumption? Then sell them “not for human consumption.”

Click here to read more: https://www.scoop.co.nz/stories/BU2009/S00368/nzs-first-legal-cannabinoid-oil-is-proving-a-hit-with-religious-leaders.htm

DEA Can Legally Distribute Seized Pot

When authorities seize illicit Cannabis they destroy it, thereby depriving patients of medicine and keeping the price and tax high for licensed operators. But seized controlled substances could be transferred to DEA for distribution to a researcher, FDA, NIDA, or even a State for distribution to patients:

Title 21 United States Code (USC) – Controlled Substances Act
SUBCHAPTER I — CONTROL AND ENFORCEMENT
Part E — Administrative and Enforcement Provisions

§881. Forfeitures
[…]
(e) Disposition of forfeited property
(1) Whenever property is civilly or criminally forfeited under this subchapter the Attorney General may—
[…]
(D) forward it to the Bureau of Narcotics and Dangerous Drugs [now DEA] for disposition (including delivery for medical or scientific use to any Federal or State agency under regulations of the Attorney General);

and

TITLE 21–FOOD AND DRUGS
CHAPTER II–DRUG ENFORCEMENT ADMINISTRATION
PART 1307 — MISCELLANEOUS

Disposal of Controlled Substances

Sec. 1307.22 Delivery of surrendered and forfeited controlled substances.
Any controlled substance surrendered by delivery to the Administration under part 1317 of this chapter or forfeited pursuant to section 511 of the Act (21 U.S.C. 881) may be delivered to any department, bureau, or other agency of the United States or of any State upon proper application addressed to the Office of Diversion Control, Drug Enforcement Administration.

1307.03 Exemption: A New Tack for Legalization?

While we’ve all believed descheduling of marijuana was the goal at the federal level, there has always been another path staring us right in the face the whole time: a “1307.03 Exemption” to the Controlled Substances Act (CSA). It accomplishes the same result, that of removal of marijuana from Schedule 1.

The conflict between federal law and the 47 states with some form of Cannabis reform is a Constitutional crisis most want to avoid, but few discuss. It’s bad for the industry, bad for the states, bad for the federal, and bad for the Drug Enforcement Administration (DEA).

The effects of Schedule 1 are far worse than the plant it seeks to protect us from, totally disproportionate to a plant even DEA called “the safest therapeutically active substance known to man.” While it is a Schedule 1 controlled substance, everyone involved from the Governor on down to the budtender is exposed to criminal conspiracy plus RICO and CCE felony enhancements, as well as asset forfeiture and civil RICO suits. State-licensed marijuana businesses cannot deduct expenses on their taxes, and must pay those taxes in cash thereby incurring a 10% penalty (fine or tax).

That’s just federal law, in the state of Oregon it is 10 years and $100,000 fine simply for possession. If you have a prior felony or drug charge, are within 1,000 feet of a school, have more than 60 grams, have guns or scales, or if you modified the structure in any way you get hit with enhanced penalties including loss of driver’s license. Plus state Commercial Drug Offense charges. All just because it is still Schedule 1 in the state, never mind federally. Viva the Tenth Amendment, the only reason there are marijuana states like Oregon.

Schedule 1 means our best and brightest can’t work for Wall St firms, because Schedule 1 is an automatic SEC moral turpitude trigger. Banking and insurance are very difficult and expensive. Bank accounts, vehicles, house and property can be forfeited to the government.

It subjects the family to arrest and loss of children to foster homes and or the threat thereof as bargaining leverage. Just like we see with marijuana enforcement, the Supreme Court will never review a case to decide the legality. That’s because the standard procedure now is for the prosecutor to over-charge the crimes and seize assets, in order to force a plea deal or pressure to not sue to regain the assets forfeited to (stolen by) the police. The overwhelming power of the State will be used to keep SCOTUS from ever seeing a case.

Even in a “legal” marijuana state like Denver, Colorado, a constitutionally-protected patient growing just one plant outdoors in a fenced and locked greenhouse could see asset forfeiture of their house.

The Social Equity discussion is difficult as long as it remains Schedule 1 in the state, until fully decriminalized, records expunged, and people are released from prison for these drug crimes. Otherwise you’re just trading yesterday’s pot grower inmate for today’s.

In Maine, the federal government revoked more than $3 million in grants for children’s health programs because the state allows medical Cannabis use at school.

That’s why in Iowa the state Department of Public Health recently said it will proceed with an application asking the Drug Enforcement Administration (DEA) for a formal exemption from the CSA in an effort to prevent the loss of federal funding it receives for education and long-term care facilities. The state government, businesses and patients will see many additional benefits if the application is approved. It’s ironic as Iowa is one of the worst states in the nation for common-sense marijuana reform, but this approach is the brainchild of long-time medical marijuana advocate Carl Olsen. “A federal solution exists so that must be used,” said Olsen. (Read more on Mr Olsen’s work here.)

Under federal Title 21 CFR 1307.03, anyone can apply to the DEA for an exemption, and the DEA administrator “may grant an exception in his discretion.”

Any “person” may apply, including corporations, businesses, schools, state marijuana regulators, Tribes, and individuals. This might be a solution for those producing hemp extracts wherein the Work In Process is over the 0.3% THC limit, as well as analytical labs not registered by DEA, and trucking firms handling Cannabis materials. It opens the door to interstate trade of Cannabis between 1307.03 Exemption states. It would also take some of the pressure off CBD producers, long-yoked by marijuana laws and Schedule 1.

Others benefiting: schools allowing the dispensing of CBD or THC products to student patients so as to not lose federal funding, states with regulated marijuana programs and the licensees in those programs, and Universities and Tribes with marijuana programs. Even Psilocybin companies, therapists, and states with Psilocybin decriminalization should consider a 1307.03 Exemption, as it eliminates the need for such bad laws as Oregon’s Measure 109, which legalizes only for a handful of people and out-of-state companies.

With several thousand DEA 225 permits already issued, it would behoove DEA to allow these exemptions in order to resolve the inherent Constitutional conflict existing since states invoked the Tenth Amendment starting with California’s Proposition 215 legalizing medical marijuana in 1996. DEA can thereby maintain the appearance of integrity of the Schedules, which today are considered a cruel joke as it maintains marijuana has “no medical value” and a “high abuse potential,” despite overwhelming evidence to the contrary.

It also opens the door for a higher court to hear a case, if DEA says no. Marijuana prohibition has been unconstitutional for 83 years; Schedule 1 from day one 50 years ago. With 47 states having some form of Cannabis reform, the law won’t survive a challenge. That’s why almost no one who is arrested tries to challenge a higher principle, they make the stakes too high. If it looks like you’ll win, they’ll dismiss it. No high court will see a Constitutional case otherwise, they all know we have 90% support.

Schedule 1 for marijuana is also against Congressional intent that it be temporary until the Shafer Commission report was produced and it could be appropriately scheduled. Nixon’s hand-picked panel of prohibitionists took two years to produce a report which called for decriminalization at the federal level. Nixon promptly buried it, and his Dirty Trick of criminalizing the drug of choice of his political enemies (war protesters) lives on to this day.

The state must then be encouraged to deschedule Cannabis as well. Most states have a CSA, and either the plant and/or its chemicals are Schedule 1, even in California and Colorado.

BTW, it’s a Fifth Amendment violation to require a person to reveal his identity in order to obtain something from the same government making it illegal. That’s why the Marihuana Tax Act of 1937 ended in 1969, because the Fifth. But every marijuana state requires registration too, so it appears the 5A is yet another Constitutional right lost.

The law reads:

“Title 21 Code of Federal Regulations
PART 1307 — MISCELLANEOUS
GENERAL INFORMATION

§1307.03 Exceptions to regulations.

Any person may apply for an exception to the application of any provision of this chapter by filing a written request with the Office of Diversion Control, Drug Enforcement Administration, stating the reasons for such exception. See the Table of DEA Mailing Addresses in Sec. 1321.01 of this chapter for the current mailing address. The Administrator may grant an exception in his discretion, but in no case shall he/she be required to grant an exception to any person which is otherwise required by law or the regulations cited in this section.

[75 FR 10678, Mar. 9, 2010]”

Congress: Increase Pot Growing Penalties

Because prohibition works so well (not), some in Congress want to increase penalties for growing marijuana or Shrooms on federal land.

H.R. 7540, The PLANT Act of 2020: “To impose enhanced penalties for conduct relating to unlawful production of a controlled substance on Federal property or while intentionally trespassing on the property of another that causes environmental damage, and for other purposes.”

Hemp Opportunity Zone Act (HR 8131) Introduced

Congressman Denver Riggleman (R-VA 5th) introduced the Hemp Opportunity Zone Act (HR 8131) in the House Representatives on August 28.

The bill expands on the Opportunity Zones program which was a key component of the 2017 Tax Cuts and Job Act. More importantly it requires a study of many aspects of commercial hemp, from adding hempseed to school lunches, use as an animal feed, source material for PPE, feasibility of USDA compliance by farmers, raising max THC to 1%, intoxication potential from hemp, ability to compete in a 1% world, and use of hemp as an energy source.

“The Hemp Opportunity Zone Act is a huge win for farmers in the 5th District. Hemp farming is a new and thriving industry,” said Congressman Riggleman. “By providing these tax incentives hemp growers in Virginia and the 5th District are primed to lead based on their historic production of tobacco,” said Riggleman.

The governor of each state will designate opportunity zones, while not exceeding 5% of the total area of the state. The legislation will create a program that provides tax incentives to farmers who grow and produce hemp in low income areas. The goal of the program is to help farms in the area that need it most. It was assigned to the House Agriculture, and Ways and Means Committees.

“A Bill
To amend the Internal Revenue Code of 1986 to establish Hemp Opportunity Zones. This Act may be cited as the “Hemp Opportunity Zone Act of 2020”.
[…]
SEC. 6. MARKETABILITY STUDY AND REPORT.

(a) IN GENERAL.-The Secretary of the Treasury, in consultation with the Secretary of Agriculture, shall study the issues described in subsection (b) with respect to the production of hemp and, not later than 1 year after the date of the enactment of this Act, submit to Congress a report of the findings of such study.
(b) ISSUES.-The issues described in this subsection, with respect to the production of hemp, are as follows:
(1) The potential opportunities for hemp seed to be used as an animal feed and any obstacles to approval for such use.
(2) The potential opportunities for hemp to be used to create personal protective equipment for healthcare workers and first responders.
(3) The feasibility and financial impact of hemp producer compliance with applicable Department of Agriculture sampling timetables.
(4) The feasibility of hemp producer compliance with Department of Agriculture reporting requirements.
(5) The feasibility of hemp producer compliance with a legal maximum 0.3 percent tetrahydrocannabinol limitation, including compliance and losses due to non-compliance, and a comparison to the feasibility of a legal maximum 1.0 percent tetrahydrocannabinol limitation.
(6) The maximum tetrahydrocannabinol level for the crop to have no psychotropic effect or intoxicating potential.
(7) The ability for United States hemp producers to compete globally with other countries that have a maximum 1.0 percent tetrahydrocannabinol limitation.
(8) Identifying market challenges and opportunities for a craft and small hemp producers to remain competitive in the United State and global hemp marketplace.
(9) The nutritional value and benefits of foods, drinks, and supplements produced from hemp-based products, and the potential benefits of including hemp-based food, drink, supplements, and protein to certain public school meal programs.
(10) Which items procured by the Federal Government, or items used by contractors or subcontractors of the Federal Government at any tier, can be substituted by a hemp-based product.
(11) Identify potential opportunities for hemp to be used as a renewable energy source.”

Click here to download the bill.

MORE Act Out of Committee

The companion bill to Sen. Kamala Harris’ SB 2227, HR 3884 (the Marijuana Opportunity Reinvestment and Expungement Act or MORE Act), was passed out of committee with GOP help. The MORE Act deschedules marijuana.

It’ll reveal who is on our side in the House, but likely will die in the Senate barring an October Surprise, of which this increases the Probability.

https://www.ktsm.com/news/washington-dc/house-will-vote-on-removing-cannabis-from-controlled-substances-list/

Cali’s AB 2028: Frying Pan to Fire

UPDATE: it appears the bill is dead in this session. Expect it to be revived next year. The research institution changes alone would have sunk most research. Adding the Harmonized Tariff Code language included hemp fiber to it, they were likely aiming for imported biomass. Like other marijuana states, they want CBD in dispensaries where they can make more tax on it.

The latest in California’s attempt to kill off the hemp industry just got worse. I recently wrote about AB 228, but now AB 2028 is out and it’s worse.

California is angling to turn CBD products over to marijuana dispensaries by making the burden on sellers great.

Oddly, the bill’s sponsors took an entirely unrelated bill, the Bagley-Keene Open Meeting Act, and amended the heck out of it. I smell time-pressure desperation.

It also includes fiber products, such as textiles, rope, even hempcrete:

(d) Industrial hemp shall include products imported under the Harmonized Tariff Schedule of the United States (2013) of the United States International Trade Commission, including, but not limited to, hemp seed, per subheading 1207.99.03, hemp oil, per subheading 1515.90.80, oilcake, per subheading 2306.90.01, true hemp, per heading 5302, true hemp yarn, per subheading 5308.20.00, and woven fabrics of true hemp fibers, per subheading 5311.00.40.” and “(11) A registrant that grows industrial hemp shall retain an original signed copy of the laboratory test report for two years from its date of sampling, make an original signed copy of the laboratory test report available to the department, the commissioner, or law enforcement officials or their designees upon request, and shall provide an original copy of the laboratory test report to each person purchasing, transporting, or otherwise obtaining from the registrant that grows industrial hemp the fiber, oil, cake, or seed, or any component of the seed, of the plant.” Hemp fiber has always been exempt from Marijuana laws.

One of the largest hemp fiber importers is located in California. Ironically, the owner was the Chair of the original California Industrial Hemp Advisory Board.

Ironically for a bill designed to regulate the CBD industry, “CBD” or “Cannabidiol” is not mentioned even once.

Before you blame today’s politicians, be aware this has been going on since 2009 when the hemp association HIA got the world’s worst hemp law introduced. It finally passed in 2013, and was designed to appear to legalize but actually blocked hemp production until December 2018, with the Farm Bill. It rolled out the red carpet for GMO pot under the hemp program. None of this is by accident, the names of the politicians means little, they are just today’s cogs in a much bigger machine. The Sponsors are listening to someone, I wonder whom?

The Legislature needs to pass it in the next few days, or not until next year. Rand Martin, a lobbyist with MVM Strategy, is helping US Hemp Roundtable with the bill.

Summary of the biggest changes…

Starts May 1, 2021.

Breeders took the hardest shot.

Mandatory use of certified cultivars. There are no certified cultivars developed for the latitudes in south, and most are for fiber production.

Total THC (post-decarb).

Much of AB 228 is in it, such as no claims and burdensome record-keeping.

Grandfathers food into essentially a GRAS status.

An industrial hemp product cannot be synthetic.

Food processor using hemp has to register and be burdened with record-keeping.

Excludes seed from the “industrial hemp product” definition but only for nonfoods, ironic as that’s where the resin and cannabinoids are, stuck to the outside of the seed coat.

“Manufacturing” includes seed pressing and shelling.

Bans advertising except to adults.

Smokable hemp flowers (non-tobacco tobacco replacement), CBD vapes, hemp-containing beer, wine, spirits, alcohol-based tinctures, and alcohol extracts are banned.

Must use the following statement on packaging: “THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY.”

This removes shelled hempseed, hempseed oil, protein powder, and Epidiolex from the regulations:

“Industrial hemp product” does not include industrial hemp or a hemp product that has been approved by the United States Food and Drug Administration or a hemp product that includes industrial hemp or hemp that has received Generally Recognized As Safe (GRAS) designation.

Includes pet products, but not fodder or silage.

Allows marijuana dispensaries to sell hemp products.

Complying with the 2018 Farm Bill, no drug felons convicted in the last 10 years.

Click here to download the AB 2028 document with proposed amendments.

END

Team Legalize Cannabis at the U.N. Needs Your Help

Please help Kenzi and Michael do the critical Cannabis legalization work at the United Nations. All national drug laws are based on the U.N.’s drug treaties.

These are good people doing good work, and they need our help:

“Kenzi Riboulet-Zemouli & his team are creating a sustainable future for cannabis & hemp.

Hi! Most of you know me as part of the think tank FAAAT. We managed to move some lines in international drug policy, particularly on cannabis and hemp related policies and regulations.

Independent research on drug policy reform is absolutely quintessential!

This is why I ask for your support today. To keep researching. To stay independent.

In summer 2020, FAAAT continues in “pause” for lack of funding and I am in struggle to continue working on the topics I am passionate about, and believe I can bring meaningful inputs to. I am also engaged (voluntarily, as always) in supporting policy reform groups in various developing countries, to make #sustainability #humanrights and the protection of the #environment a reality. This is the best way to stay independent, meaningful and useful to people and the planet.

Your support will be much appreciated! Thank you in advance.”

Please click here to donate:
https://www.patreon.com/teluobir

California Trying to Kill Hemp? (Again)

UPDATE: it appears AB 228/2028 is dead in this session. Expect it to be revived next year. The research institution changes alone would have sunk most research. Adding the Harmonized Tariff Code language included hemp fiber to it, they were likely aiming for imported biomass. Like other marijuana states, they want CBD in dispensaries where they can make more tax on it.

The AUMA-ization of hemp in California just kicked into high gear. Assembly Bill 228 (AB228) was recently changed significantly to turn the California hemp industry (regulated by CDFA) over to the regulated marijuana industry (regulated by CDFA and BCC). Not just CBD, but all hemp products; food, clothes, rope, hempcrete too.

The bill was changed from 1/3 of a page defining and allowing hemp foods and CBD, to 17 pages handing it over to the marijuana industry on a silver platter.

Hemp products (CBD) must now follow the same rules marijuana (THC) does. It is clearly over-regulation and burdensome, which is likely the whole point. Not surprising considering California’s long anti-hemp history. The state is gutting 98% of hemp’s potential value for farmers with this bill.

California is the worst state in which to grow hemp. With thousands of medical grows, they don’t want hemp pollen floating around. While they could have handled that by banning males, monoecious, and hermaphrodites, instead they just make it impossible to grow any hemp. In 1994 Hemp AgroTech grew hemp in Brawley CA with the blessing of the federal government, but the state ploughed it under anyway. California-based Hemp Industries Association (HIA) got a profoundly bad hemp bill passed there in 2013, most of which ended up in AUMA in 2016.

There are many against hemp and hemp-derived CBD including the entire regulated marijuana industry, which wants CBD for themselves. Another is Project CBD, a California company with financial interest in a marijuana-derived CBD company, and has long had it in for hemp CBD. The “CBD is Chinese industrial waste and is inferior” canard is all on them. Few have done as much damage to CBD.

Whereas HIA said DEA was trying to kill hemp products when they weren’t back in 2001, now that California actually is, HIA is silent. That’s despite having a formal seat on the original California Industrial Hemp Advisory Board, plus at least 3 HIA members on it. One is the largest hempseed company in the US, which refused to encourage domestic production and still buys mostly from Canada. Now we see why, they knew for years this was coming and were cool with it.

Since I’m told by people on the ground that this bill is actually being pushed by those pretending to now rally the troops against it, I wonder if it’s yet another Hegelian Dialectic at play by the associations to whip up donations and relevancy?

If their intent was not to highly-regulate all hemp products, just CBD products, a better way would be to make it explicit. Defining the relevant products as “any product to which Cannabidiol is added …” would have fixed it. As it is, AB 228 will drastically reduce the number of retail outlets for hemp products from tens of thosuands to under 1,000. Patient access to CBD will be restricted proportionally.

Summary

It appears they are banning CBD until FDA approves it, and exempting Epidiolex from these rules. Big Pharma wins.

While no doubt they are focused on hemp CBD, it nevertheless includes ALL hemp products, hempseed food, oil, clothes, hempcrete, hemp paper, rope, etc.

Hemp products regulated here include hempseed oil, hemp food, hemp clothes, hempcrete bricks, CBD etc.

All hemp products must be stored at the retailer under lock and key, must have a COA for unspecified “derivatives,” and can only be sold to a person over age 21 with government ID. The state will conduct stings. Records must be preserved for 3 years.

Manufacturers and retailers must be licensed, and they will share information on the unlicensed with law enforcement and the Bureau of Cannabis Control. This is the same policy as they have with the marijuana industry.

“Hemp extract” and “industrial hemp raw extract” are undefined (other than being “not for consumer use”), but still must be tested for unspecified “derivatives.”

“Industrial Hemp Product” is undefined but likely includes all CBD products, but also hempseed oil, hemp foods, body care, shampoo, protein powder, tea, etc.

“Final Form Product” could be literally anything, from a hemp shirt to CBD pills, hemp cookie to hempcrete brick, shelled hempseed to a sheet of hemp graphene.

The use of the word “safe” might be referring to FDA’s “Generally Recognized As Safe” (GRAS) process, wherein a food or food ingredient is considered an adulterant if it is not GRAS or an accepted “New Dietary Ingredient” (NDI).

Smokable hemp, CBD vape pens, hemp-containing beer, wine, or spirits, and alcohol-based tinctures are banned outright.

This likely kills off the CBD extraction industry in the state except by marijuana companies, since Hemp Extract Work-In-Process has to be <0.3% THC.

Infringes on interstate commerce explicitly protected in the 2018 Farm Bill, except “Raw Extract”.

Same quality testing as for smoked marijuana is required for hemp products, even clothes.

Extended FDA’s ban on claims to where FDA has no jurisdiction, to intRAstate sales.

Ignores the Tenth Amendment approach and cedes far too much authority to the federal. It is treasonable for a state to do so, the reason hemp became legal in the US is partly because of Colorado’s Tenth Amendment approach, allowing hemp cultivation even before the 2014 Farm Bill.

Includes pet food and products in the human food regulations, but not animal fodder or silage.

Remediation is allowed.

Annual licensing fee of $1,250.

Confused between Total THC (111930c) and delta-9 THC (111925.a1).

Packages need a QR code with additional information on that product online, an unconstitutional impediment to interstate commerce.

Eliminates otherwise-permissible FDA Structure-function claims.

Eliminates most advertising.

Mandates recall plan, inspections, embargoes, notification upon arrest of any licensee or registrant, appoints regulators as gun-toting peace officers, provides for research grants.

If you make the product outside the state, California will still require inspection in other states, at your expense. This is an unconstitutional infringement on interstate commerce.

The CDFA has complete autocratic control over all aspects, even down to serving sizes and labels.

More…

I suspect they are referring to CBD here in this new addition, and banning until FDA approves it:
“Section 110036 is added to the Health and Safety Code, to read:
All laws and regulations pertaining to industrial hemp products shall remain in effect until the adoption of regulations pursuant to the federal act that authorizes industrial hemp products. At that time, the new regulations adopted pursuant to the federal act, or adopted on or after that date, that authorize industrial products shall take effect.”

While no doubt they are focused on hemp CBD here, it includes hempseed food and hempseed oil also. Added:
“Section 110382 is added to the Health and Safety Code, to read:
The label of any package of a food, beverage, or cosmetic containing any cannabinoid derived from industrial hemp shall include at a minimum the following statement in a prominent location on the outer package:
“DO NOT USE CANNABINOIDS WHILE PREGNANT, BREASTFEEDING, CURRENTLY TAKING MEDICATION, OR UNDER 21 YEARS OF AGE. KEEP OUT OF REACH OF CHILDREN. THE FDA HAS NOT EVALUATED THIS PRODUCT FOR SAFETY OR EFFICACY. USE MAY CAUSE FAILURE OF A DRUG TEST FOR CANNABIS””

Also, hempseed oil, hemp food, hemp clothes, hempcrete brick, or CBD etc. must be stored at the retailer under lock and key, have a COA for unspecified “derivatives,” and can only be sold to a person over age 21 with government ID. The state will conduct stings. Records must be preserved for 3 years.
“Section 111925.1 is added to the Health and Safety Code, to read:
111925.1. Industrial hemp food, beverage, cosmetics and dietary supplements may not be sold to any individual under the age of 21 years old.”
[…]
“Section 114084 is added to the Health and Safety Code, to read:
(a)A final form industrial hemp product shall be displayed at a retailer separately from other products and out of reach of children.”

“Hemp extract” and “industrial hemp raw extract” are undefined (other than being “not for consumer use”), but still must be tested with maximum levels equal to marijuana flowers for smoking:
“(a) Industrial hemp raw extract shall be tested at a minimum for cannabinoids, pesticides, residual solvents and processing chemicals, microbials, heavy metals, foreign material, mycotoxins, terpenoids, moisture content and water activity.
(b) Action levels will initially be established at the same levels as for cannabis in Division 10 of the Business and Professions Code and as further defined by the Bureau of Cannabis Control regulations.”

“Industrial Hemp Product” is undefined, but likely includes all CBD products, but also hempseed oil, hemp foods, body care, shampoo, protein powder, tea, etc:
“(g) (1) “Industrial hemp product” means a finished product containing industrial hemp that meets all of the following conditions:
(A) Is a cosmetic, food, food additive, dietary supplement, or herb.
(B)(i) Is for human or animal consumption.”

“Final Form Product” could be literally anything, from a hemp shirt to CBD pills, hemp cookie to hempcrete brick, shelled hempseed to a sheet of hemp graphene:
“Chapter 9, Article 1 (commencing with Section 111920) is added to Part 5 of Division 104 of the Health and Safety Code, to read:
Article 1. Definitions
For purposes of this chapter, the following definitions apply which may be amended, deleted or added to by the department by regulation:
(a) “Established and approved industrial hemp program” means a program that meets all federal requirements regarding the lawful and safe cultivation of industrial hemp.
(b) “Final Form Product” is a product intended for consumer use to be sold at a retail premise.
(c) “Hemp Manufacturer” can mean either:
(1) a processor extracting cannabinoids from hemp biomass or
(2) a processor purchasing industrial hemp raw extract for the purpose of manufacturing a final form product.”

The use of the word “safe” in the above might be referring to FDA’s “Generally Recognized As Safe” (GRAS) process, wherein a food or food ingredient is considered an adulterant if it is not GRAS or an accepted “New Dietary Ingredient” (NDI).

Smokable hemp, CBD vape pens, hemp-containing beer, wine, or spirits, alcohol extracts of CBD, and alcohol-based tinctures are banned outright:
“Section 111925.3 is added to the Health and Safety Code, to read:
111925.3. Prohibited Products. Unless explicitly approved by the Food and Drug Administration, industrial hemp is prohibited from inclusion in the following categories:
(a) medical devices
(b) over-the-counter and prescription drugs
(c) processed smokable products including but not limited to electronic cigarette with or without nicotine
(d) smokable flower included but not limited to hookah and shisha with or without nicotine
(e) Any product containing tobacco, nicotine or alcohol
(f) The department may determine other prohibited products that pose a risk to human or animal health, as specified through regulation.”

This likely kills off the CBD extraction industry in the state, since material in process has to be <0.3% THC:
“(h) “Manufacture” or “manufacturing” means the following:
(1) For purposes of this section, “manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare an industrial hemp product.
(2) Includes all aspects of the extraction process, infusion process, and packaging and labeling processes, including processing, preparing, holding, and storing of industrial hemp products.
(3) Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.”

Infringes on interstate commerce explicitly protected in the 2018 Farm Bill, except “Raw Extract”:
“Section 111925.2 is added to the Health and Safety Code, to read:
111925.2. Interstate Transportation.
Pursuant to authorization under federal law, final form industrial hemp products that are manufactured outside of this state are prohibited to be sold in this state and in-state manufacturers cannot export final form industrial hemp out of this state. Should federal law change to allow the import and export of industrial hemp products, this section would be amended to comply pursuant to section 110036.”

Same testing as for smoked marijuana is required for hemp products, including clothes:
“Section 111930.1 is added to the Health and Safety Code, to read:
111930.1. Testing. The following testing standards which may be modified by the department through regulation shall apply:
(a) Testing standards shall initially be established as the same for cannabis as set forth in Division 10 of the Business and Professions Code and as further defined by the Bureau of Cannabis Control regulations:
(a) Industrial hemp raw extract shall be tested at a minimum for cannabinoids, pesticides, residual solvents and processing chemicals, microbials, heavy metals, foreign material, mycotoxins, terpenoids, moisture content and water activity.
(b) Action levels will initially be established at the same levels as for cannabis in Division 10 of the Business and Professions Code and as further defined by the Bureau of Cannabis Control regulations.”

Manufacturers and retailers must be licensed, and information on the unlicensed will be shared with law enforcement and the Bureau of Cannabis Control. This is the same policy as they have with the marijuana industry.
“Article 10. Agency Coordination
111934(a). The Department of Food and Agriculture and this department shall develop a process to share license, registration, and cultivar and enforcement information to facilitate compliance and enforcement against unlicensed industrial hemp product and raw extract manufacturers and retailers, and Bureau of Cannabis Control, if needed.”

Extended FDA’s ban on claims to where it has no jurisdiction, intRAstate sales:
“Section 110407 is added to the Health and Safety Code, to read:
(a) A manufacturer, distributor, or seller of an industrial hemp product shall not include on the label of the product, or publish or disseminate in advertising or marketing, any health-related statement or that tends to create a misleading impression as to the health effects of consuming products containing industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp.
(b) For purposes of this section, “health-related statement” means a statement related to health, and includes a statement of a curative or therapeutic nature that, expressly or impliedly, suggests a relationship between the consumption of industrial hemp or industrial hemp products and health benefits or effects on health.”

Click here to download the AB 2028 document with proposed amendments.

END

DEA Comment Period Open

The U.S. Drug Enforcement Administration (DEA) opened a 60-day comment period on its proposed Interim Final Rule on hemp (IFR). How often does DEA ask your opinion? This is one, so don’t blow it; tell them what you think about marijuana prohibition and Schedule 1.

This IFR is a minor technical housekeeping clarification of what DEA has been doing since December 2018 anyway, and is effective immediately. Clarifies hemp is legal even if it contains 0.3% delta-9 THC by dry weight, plant and products (which creates legal exposure for extractors and processors of Crude, which can be greater than 0.3% THC before dilution). Clarifies synthetic THC is Schedule 1, nothing new there. Clarifies that CBD is not a Schedule 1 controlled substance. Removes import and export restrictions on CBD even if from marijuana if <0.1% THC. DEA clarifies the THC standard is delta-9, not Total THC. Deschedules Epidiolex by GW Pharmaceuticals. Clarifies you can’t talk your way out of being over 0.3% with your silver tongue (labeling, ads, etc). Even if “from hemp,” if it is over 0.3% THC then it is Schedule 1 marijuana.

It is silent on delta-8 THC, except indirectly when referring to “The term ‘hemp’ means 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 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” I don’t share the opinion that delta-8 THC is synthetic and thus Schedule 1. Delta-8 is considered by scientists to be naturally-occurring in processing. That it is produced by conversion of THCa or delta-9 is little different than the normal decarboxylation of THCa to THC, or CBDa to CBD, or isomerization of CBD to Δ9 or Δ8 THC or CBN. In any event, the opening round is no time to concede.

This IFR can only be enforced by DEA on non-hemp and DEA Licensees. But no doubt other LEOs might use it. While DEA can do anything they want but only to their Licensees, they can’t write new law. The rest of us are RICO felons to them.

CBD Crude (called Work-In-Process Hemp Extract (WIPHE) by Attorney Rod Kight) that is over 0.3% delta-9 THC before dilution was always a gray area as it was over 0.3% THC but it was a naturally and unavoidable consequence of processing of compliant <0.3% THC hemp. That was found by the Ninth Circuit Court of Appeals to be legal in 2004, no maximum THC. That decision also permanently enjoined DEA from enforcing the Controlled Substances Act (CSA) on THC found in compliant hemp. This IFR clarification creates a conflict with the Ninth Circuit decision. One workaround is to get a DEA 225 License (despite being a requirement violating the Fifth Amendment).

From that case in the Ninth:
IV. CONCLUSION
The DEA’s Final Rules purport to regulate foodstuffs containing “natural and synthetic THC.” And so they can: in keeping with the definitions of drugs controlled under Schedule I of the CSA, the Final Rules can regulate foodstuffs containing natural THC if it is contained within marijuana, and can regulate synthetic THC of any kind. But they cannot regulate naturally-occurring THC not contained within or derived from marijuana-i.e., non-psychoactive hemp products-because non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance.

For the hemp supply chain, the biggest potential disruption is the chains’ belief, right or wrong, that “CBD is illegal” because of the publicity. That happened in 2001 when HIA accomplished the very thing they accused DEA of attempting, namely killing the hemp food market. They almost killed off Canadian hemp with it.

This tempest in a teapot and confusion over the IFR could be a good thing if it reduces the number of Cannabinoid Cowboys seeing delta-8 like they did CBD: $€£¥. That would leave more market for the lion-hearted and might increase overall quality.


Executive Summary

The Agriculture Improvement Act of 2018, Public Law 115-334 (the AIA), was signed into law on December 20, 2018. It provided a new statutory definition of “hemp” and amended the definition of marihuana under 21 U.S.C. 802(16) and the listing of tetrahydrocannabinols under 21 U.S.C. 812(c). The AIA thereby amends the regulatory controls over marihuana, tetrahydrocannabinols, and other marihuana-related constituents in the Controlled Substances Act (CSA).

This rulemaking makes four conforming changes to DEA’s existing regulations:

It modifies 21 CFR 1308.11(d)(31) by adding language stating that the definition of “Tetrahydrocannabinols” does not include “any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639 o.”

It removes from control in schedule V under 21 CFR 1308.15(f) a “drug product in finished dosage formulation that has been approved by the U.S. Food and Drug Administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1% (w/w) residual tetrahydrocannabinols.”

It also removes the import and export controls described in 21 CFR 1312.30(b) over those same substances.

It modifies 21 CFR 1308.11(d)(58) by stating that the definition of “Marihuana Extract” is limited to extracts “containing greater than 0.3 percent delta-9-tetrahydrocannabinol on a dry weight basis.”

This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations. Accordingly, there are no additional costs resulting from these regulatory changes. However, as discussed below, the changes reflected in this interim final rule are expected to result in annual cost savings for affected entities.

[…]

Taken together, these two changes made by the AIA limit the definition of marihuana to only include cannabis or cannabis-derived material that contain more than 0.3% delta-9-tetrahydrocannabinol (also known as Δ9-THC) on a dry weight basis. […] Pursuant to the AIA, unless specifically controlled elsewhere under the CSA, any material previously controlled under Controlled Substance Code Number 7360 [only for DEA Licensees, THC extracts] (marihuana) or under Controlled Substance Code Number 7350 [only for DEA Licensees, extracts such as CBD] (marihuana extract), that contains 0.3% or less of Δ9-THC on a dry weight basis—i.e., “hemp” as that term defined under the AIA—is not controlled. Conversely, any such material that contains greater than 0.3% of Δ9-THC on a dry weight basis remains controlled in schedule I.

In order to meet the AIA’s definition of hemp, and thus qualify for the exception in the definition of marihuana, a cannabis-derived product must itself contain 0.3% or less Δ9-THC on a dry weight basis. It is not enough that a product is labeled or advertised as “hemp.” The U.S. Food and Drug Administration (FDA) has recently found that many cannabis-derived products do not contain the levels of cannabinoids that they claim to contain on their labels. Cannabis-derived products that exceed the 0.3% Δ9-THC limit do not meet the statutory definition of “hemp” and are schedule I controlled substances, regardless of claims made to the contrary in the labeling or advertising of the products.

[…]

Finally, nothing in the AIA or in these implementing regulations affects or alters the requirements of the Food, Drug, & Cosmetic Act (FD&C Act). See 7 U.S.C. 1639r(c). Hemp products that fall within the jurisdiction of the FD&C Act must comply with its requirements [foods, beverages, cosmetics]. FDA has recently issued a statement regarding the agency’s regulation of products containing cannabis and cannabis-derived compounds, and DEA refers interested parties to that statement, which can be found at https://www.fda.gov/newsevents/Newsroom/PressAnnouncements/ucm628988.htm.

[…]


People give DEA way more power than it deserves. It can’t write new law, so every Grand Pronouncement is just for its Licensees. But having a comment period is golden, it allows the People to be heard. Just like when the USDA opened their comment period on rule changes a year ago, and FDA opened one on Cannabis which is still open, this is our chance to get our opinion and concerns on the record.

Every Activist, Farmer, Processor, Distributor, Retailer, Fan, Customer, Patient, Patriot, or other interested party should comment, just on Principle. This is our chance; 100,000 comments changed organic policy at USDA in 2010.

Always always always comment when the government allows it, and especially get others empowered to influence the outcome this way. It’s the ONLY easy way to build a base of supporters and influence policy, short of buying a Senator. It’s a gift from God, use it.

Although DEA says it can ignore comments, I suggest nevertheless making them by October 20. Final Rule is effective starting August 21, 2020. Electronic comments must be submitted, and written comments must be postmarked, on or before October 20, 2020 at 11:59 p.m. Eastern Time.

The Hemp Industries Association lost HIA 3 in 2018 because it failed to comment on CBD being assigned Controlled Substance Code Number 7350 in the proscribed period in 2016, back when it was comment period. HIA hadn’t yet figured out CBD was its future thus were silent. It also failed to make a comment to FDA’s list of pre-DSHEA ingredients in 2017. It lost HIA 3 solely because it never commented. It appears you need to comment to have standing before the court to complain about a policy previously open to public comment.

Click here to make comments to DEA on Cannabis, CBD, Cannabinoids, Marijuana, Hemp, or Schedule 1 for what DEA once called “safest therapeutically active substance known to man” but FDA says has “no medical value.”

Here are suggestions for comments:

Since 47 states have found medical value from marijuana, deschedule from its current Schedule 1 (“no medical value”). Deschedule completely at the state and federal levels, decriminalize. Leave to the states to regulate as each sees fit. End the last Nixon Dirty Trick.

Allow the release current nonviolent marijuana prisoners, commute, pardon and/or expunge past records. Restore their voting rights.

Encourage an end to Mandatory Minimum sentences which take sentencing discretion away from Judges.

Cut DEA’s budget by at least by 1/3, reflecting changes in state marijuana laws and thus its Mission. Address the growing and deadly opioid crisis or the trafficking of children instead.

Allow patients to choose, possess, grow, and make their choice of medicine without fear of arrest.

End the arrests of adults for marijuana in “legal marijuana” states.

There are over 43,427 studies on the U.S. National Institutes of Health’s PubMed on Cannabis and Cannbinoids, going back to 1840. That’s 43,427 reasons to deschedule starting long before DEA or FDA even existed.

Safe, popular, efficacious Cannabis products professionally-prepared by many of today’s mainstream drug companies and sold over-the-counter by pharmacists pre-date FDA by almost a century, and should be allowed today.

Legalizing medical marijuana enjoys over 90% support, and legalizing adult-use marijuana enjoys 70% support. Please follow the will of The People.

Respect the Ninth Circuit Court of Appeals permanent injunction against DEA enforcing the Controlled Substances Act against chemicals found in compliant hemp. We both know 0.31% THC hemp is not marijuana and should be treated as such by DEA or the USDA.

DEA must not interfere with USDA’s administration of compliant hemp, including requiring analytical laboratories be registered with DEA.

Exempt from the Controlled Substances Act all products originally derived from compliant hemp.

Stalk and fiber has always been exempt from the Controlled Substances Act, so do not subject stalk, fiber and fiber products to maximum THC limits.

Allow FDA to declare Cannabinoids and resin GRAS, a food ingredient existing before 1994.

Encourage hemp as a non-tobacco tobacco replacement for improved public health.

The definition of Hemp should raised to 1% maximum delta-9 THC, from 0.3% today.

Allow THC testing methods other than post-decarboxylation.

Allow drug felons who have paid their debt to society to participate in the USDA hemp program for rehabilitation.

Hemp extract works in process” should be exempt from THC limits.

DEA has no jurisdiction in wholly intRAstate operations. Even Justice Clarence Thomas agrees: “In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana.

Schedule 1 is a very severe penalty for what DEA’s own Administrative Law Judge called “the safest therapeutic substance known to man.” Please deschedule completely.


This Rule document was issued by the Drug Enforcement Administration (DEA).

Action
Interim final rule with request for comments.

Summary
The purpose of this interim final rule is to codify in the Drug Enforcement Administration (DEA) regulations the statutory amendments to the Controlled Substances Act (CSA) made by the Agriculture Improvement Act of 2018 (AIA), regarding the scope of regulatory controls over marihuana, tetrahydrocannabinols, and other marihuana-related constituents. This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations.

Dates
Effective August 21, 2020. Electronic comments must be submitted, and written comments must be postmarked, on or before October 20, 2020. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period.

Addresses
To ensure proper handling of comments, please reference “RIN 1117-AB53/Docket No. DEA-500” on all correspondence, including any attachments.

Electronic comments: The Drug Enforcement Administration encourages that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to http://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission, you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on http://www.regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted, and there is no need to resubmit the same comment.

Paper comments: Paper comments that duplicate the electronic submission are not necessary and are discouraged. Should you wish to mail a paper comment in lieu of an electronic comment, it should be sent via regular or express mail to:

Drug Enforcement Administration
Attn: DEA Federal Register Representative/DPW
Diversion Control Division
8701 Morrissette Drive, Springfield, VA 22152

For Further Information Contact
Scott A. Brinks

Diversion Control Division
Drug Enforcement Administration
8701 Morrissette Drive, Springfield, Virginia 22152
Telephone: (202) 598-2596.

Please note that all comments received are considered part of the public record. They will, unless reasonable cause is given, be made available by the Drug Enforcement Administration (DEA) for public inspection online at http://www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. The Freedom of Information Act (FOIA) applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be made publicly available, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also place all of the personal identifying information you do not want made publicly available in the first paragraph of your comment and identify what information you want redacted.

If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify the confidential business information to be redacted within the comment.

Comments containing personal identifying information and confidential business information identified as directed above will generally be made publicly available in redacted form. If a comment has so much confidential business information or personal identifying information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to http://www.regulations.gov may include any personal identifying information (such as name, address, and phone number) included in the text of your electronic submission that is not identified as directed above as confidential.

An electronic copy of this document and the complete Economic Impact Analysis, to this interim final rule are available in their entirety under the tab “Supporting Documents” of the public docket of this action at http://www.regulations.gov under FDMS Docket ID: DEA-500 (RIN 1117-AB53/Docket Number DEA-500) for easy reference.

Trump’s October Surprise?

Could Trump Legalize Marijuana as His October Surprise? Here’s how and why.

Welcome to what now appears to be the Cognitive Dissonance corner. In today’s edition, we’ll explore how President Trump might pull the rug out from under the Democrats by legalizing marijuana in an “October Surprise.”

Many people view the world in terms of either black or white and don’t see the million shades of gray in-between, and have a fetish for labeling and pigeon-holing people based on the most-scant of evidence. So indoctrinated by partisan politics, they read the exact same words and one calls me a Republican (the Democrat) and the other calls me a Democrat (the Republican).

News flash: like me, most of the country is purple, not red or blue.

I’m not a Democrat and I’m not a Republican. Calling me a Democrat is fightin’ words; I consider Bernie a Centrist (as any European would) and Biden/Harris boot-licking police-state lovers. Yet, I long for the GOP of William F Buckley, principled in its selfish reasoning. As you can see, I belong to the largest voting bloc in the country, that of Independent.

The Left and the Right, United Against Harris

So far I’ve written about Biden’s Bad Bills, the fact that JoMala owes us, and that Harris was born to legalize (and why). I haven’t written on Trump because I don’t feel the need to belabor the obvious: a 32% drop in GDP (the “Trumpression”) from mismanaging a pandemic killing mostly his base, 40 million recently unemployed, and a once-glorious nation reduced to a global laughing-stock, now the punchline to a bad joke that will last throughout history. “Let them eat cake” will be replaced with “so much winning.” “Benedict Arnold” and “Neville Chamberlain” got bumped for “Donald Trump” as shorthand for a nation’s betrayers to their enemy. Ironically, by shitting on Obama’s legacy Trump actually ensured it, making clearer the contrast in governing competence.

Small-minded people on both sides used not facts, analysis, or well-considered reasoning to get me to change my mind. Instead, they fell back to the ol’ American standby: bullying ad hominem, juvenile name-calling, and bluff and bluster. A lifetime of being the Outsider has made me impervious to it, in fact it gives me the strength to dive deeper. I leverage their animus. One has to care what their vapid opinion is for it to have impact, so save it for someone who does. Consensus is over-rated. If, on the off-chance someone has a better plan or vision, I’m all ears. I keep expecting a George Will or Gore Vidal, instead I get Mister Ed.

New Day Requires New Vision

It seems most want to assume that the way it always was is the way it will always be. I don’t agree, we are in unprecedented times and it requires new thinking, a new vision, and since power concedes nothing without a demand, a demand for change. I’m not suggesting forgiving and forgetting Biden and Harris’ bad record on marijuana, rather I want to leverage it for change. Use their record to encourage their continued evolution on this, to get legalization. The worse they were back then, the more we can leverage it today. Tweet about it, ask about it at Town Halls, hold their feet to the fire.

Those on both sides need to step out of their narrow partisan lane for a moment and consider new information. Don’t be that guy who thinks the same thing on Wednesday that he did on Monday, no matter what happened on Tuesday. We are in new terrain here, the old tropes and baked-in mindsets don’t work anymore. The GOP of yore is not the GOP of today, and the Dems have to either react appropriately or perish.

The nature of politics is that legalization today requires a Prohibitionist prosecutor to change his or her mind. Someone like Tommy Chong or Steve DeAngelo is not likely to rise to the “highest” office in the land, but a “California’s Top Cop” like Kamala Harris is. So I don’t understand why those on the Left can’t appreciate what is happening here in real time, Harris’ “come to Jesus” moment.

Bizarrely, some actually think that an open ex-stoner Jamaican/Indian from Oaktown sponsoring the Marijuana Opportunity, Reinvestment and Expungement Act (MORE Act, SB 2227) descheduling marijuana, co-sponsoring Senator Cory Booker’s Marijuana Justice Act, co-sponsoring the SAFE Banking Act, sending a letter to the Justice Department demanding they stop blocking research on medical Cannabis, and tweeting  that “legalizing marijuana” was one of the necessary steps toward her goal of ending mass incarceration is all just one big insincere ruse to trick us into voting for Biden.

There is little upside to Harris, Bernie Sanders, or Booker to sponsor legislation to legalize marijuana. Notice Warren didn’t, nor did Klobuchar, Gabbard, Patrick, Delaney, Bullock, O’Rourke, Ryan, Sestak, Gillibrand, Moulton, Gravel, Swalwell, Ojeda, or Bennet. It’s hardly a sure ticket to the White House, legislating your conscience by legalizing marijuana has its risks.

Even the most-liberal Congressman from the most-liberal town in the country had awful ideas about marijuana, wanting to treat it like alcohol, tobacco, guns, and bombs. If we can’t take Harris at her word now on this, no one else will rise to the challenge and join her. It’s imperative that her MORE Act get some traction, and it appears that’s happening even without the Left’s help.

One Issue Voter: Legalize

I don’t have a horse in this race, save one: Marijuana legalization. Yes, I know Biden and Harris suck, yes I know Trump and Pence suck, yes I know the Dems and the GOP suck. I’m not stupid, I’m hopeful. I’m not fetishizing the past, I’m looking to the future. I’m not blind, I see a path to using their Prohibitionist record to get legalization, either by them or by Trump (as to which: “I really don’t care, do U?”).

Being from the San Francisco Bay Area, my first and longest political affiliation was the Peace and Freedom Party. I cut school to go to anti-war and “ecology” protests in the ’70s. For that I was called “commie” and “pinko” by John Birchers, many of whom have children today totally cool with Putin running the show in the White House. I’ve been advocating for marijuana legalization since educating voters outside grocery stores on California’s Prop 19 to legalize in 1972, at 16 still too young to vote myself. Reading the words of Thomas Jefferson, I’ve wanted a revolution for almost 50 years now in order to preserve our liberties, willing to “refresh the tree of liberty with the blood of patriots and tyrants.” Ironically, we got a revolution in 2016, fake hair and tan and all.

The right wing and the left wing are both parts of the same rotten bird, and having a (D) or an (R) after one’s name means little in the grand scheme of things. Yes, there are real policy differences between the two for sure, but today I’m a One Issue Voter. After 83 years of racist unconstitutional laws, I want real, full, true marijuana legalization. I know we’ll never get “our” XXIst Amendment, or “our” DSHEA, so I’ll settle for simply no longer locking up and stealing assets of those involved in growing a popular safe medicinal plant.

And I don’t much care who does it, just that it gets done. Ex-stoners Clinton, Bush, and Obama betrayed us. That leaves Biden/Harris to step up, or Trump to steal their thunder. So know that when I say while Harris was born to legalize as Bob Marley’s spiritual daughter and everyone will love Joe’s repentance story on marijuana, I’m totally cool if Trump does it.

Both parties have blood on their hands on this. The Dems had their chance over and over to retract the bad laws they wrote, but failed. That’s 83 years of a now-profoundly unpopular law (90% of the public support legalization of medical) Democrat FDR gave us, racist and unconstitutional from Day One. Schedule 1 from a Democratic Congress 50 years ago was in defiance of Republican President Nixon’s hand-picked Shafer Commission recommending decriminalization, and was against Congressional intent. The Dems’ crime bills and minimum mandatory sentencing has put some of our best and brightest away for years in prison and worse, while doing nothing to slow addiction and the rise of gangs.

At first blush ending the war on marijuana might seem trivial, insignificant. But it touches so much: economic expansion, jobs, real estate, police reform and safety, re-deploying police funding, increasing respect for the police, reducing the daily danger to police, criminal justice reform, gang/cartel disruption, redeploying resources to catch pedophiles, reducing militarization of police, reducing systemic racism, reducing mass incarceration and its impact on families, voters’ rights, states’ rights, rehabilitation of inner cities, reducing state and federal expenses and increasing tax revenue, tax reform, USDA, FDA, TTB, FBI, banking, private prison reform, reducing corruption, reducing teen marijuana use, improving public health, increasing societal happiness, reducing disability, deaths and suicides, the surveillance state, civil liberties, Constitutional protections, patient access to safe affordable medicine, sustainability and climate change, food security, DUI and deaths from traffic accidents, government waste, reducing reliance on imports, increasing farm revenues, sustainability of industrial hemp, reducing Big Pharma’s influence in politics, and more.

October Surprise

In the waning days before the election, desperate AF, Trump’s October Surprise might go like this:

Today I directed Timothy Shea, Acting Administrator of DEA, to start the process of DESCHEDULING marijuana, or “Cannabis” as my kids call it, to be completed within 6 months of my inauguration. Eric lived in the GREAT state of Colorado after college, and learned much about it. He’s very smart.

And what Roger Stone, Kanye West and Rush Limbaugh told me makes sense: sick people NEED access to safe, affordable medicine and I say “why not let them?” It’s just the RIGHT thing to do, William F Buckley and Milton Friedman would agree.

Police have better things than to do than spend $13 Billion per year to protect NASTY Big Pharma, who the dirty Democrats are totally in bed with. I’ve always been a big fan of States RIGHTS. The biggest. “Jailin’ Joe” and “Devi” put many in prison, mostly black. Millions. Took away their RIGHT to vote. I’m going to fix that.

God gave us this plant and I’m told God does not make mistakes. You can’t let the cure be WORSE than the disease. Some of us are so SMART we can afford to lose a few IQ points to be healthier. Let investors in on it, close the open border to grow and make it here in USA = more JOBS. Focus instead on addictive and deadly opioids.

Healthier people, fewer death and suicides, less PTSD in vets (thank you for your service), frees police to catch PEDOS instead of farmers… it’s a WIN-WIN!!!

Biden’s Defense

If Trump does that, Biden could see the writing on the wall and give this speech:

I have worked to reduce the pain of drugs on society, which I have seen first-hand. Since the 1980s, I have worked long and hard to put pushers in prison where I thought they belonged.

But now I realized times have changed, and more importantly I have changed. What we thought was best back then turned out to hurt certain parts of the population more than others. The unintended consequences of protecting children from the ravages of drugs resulted in far more people of color in prison than whites. My wonderful wife Jill, a medical doctor, has shared the recent research on using Cannabis to treat so many afflictions, and I must say it was very impressive. Over 40,000 studies.

I realized what is right then isn’t right now, and that our laws must reflect that. Times change. Therefore, my administration will deschedule Cannabis, as set forth in my running mate Senator Kamala Harris’ bill, the MORE Act. Hopefully we can heal the division in society caused by these laws, and for my part in them I ask your forgiveness. ‘Forgive them Lord for they know not what they do.’

Senator Kamala Devi Harris will be just a heartbeat from the Presidency, and could very well be our first female President. With her heritage from the oldest and biggest marijuana country (India) as well as the most famous (Jamaica), straight outta Oakland, and prosecuting many POC as DA and AG to appear properly deferential to authority, was she born to legalize marijuana and reform the federal Criminal Justice system?

But Trump also has a play here as well, and could easily co-opt the Dems and steal their thunder on this massively popular issue, which was once in the GOP ideological wheelhouse.

Textbook PoliSci, I agree it’s far-fetched. But Trump has rewritten the rules. ANYthing can happen now. Even legalization.

I don’t put anything past him. And I never underestimate the ability of the Democrats to snatch defeat from the jaws of victory come November 3.

#1iv #1issuevoter #BidenHarris2020 #Trump2020 #Legalize

New York Ditches Hemp Program

New York State Department of Agriculture and Markets has cancelled its hemp program, freeing farmers and processors to go direct through USDA.

It might be the first time government over-regulation killed a government program: “It is the Department’s view that many of the requirements concerning the scope and timing of sampling and testing, the disposal of non-compliant plants, and reporting are unrealistic and impose unreasonable burdens on growers and any state interested in administering a compliant program.”

The letter in its entirety:

“August 14, 2020

Dear Industrial Hemp Grower:

Four years ago, the New York State Department of Agriculture and Markets (Department) embarked on its industrial hemp pilot research program. Year after year, with the Governor’s untiring support, New York expanded its research program with new initiatives to further support hemp cultivation and processing. Our program has grown from 30 acres and two growers in 2016 to over 20,000 acres for hemp cultivation and over 500 producers authorized in 2019.

With the passage of the Agricultural Improvement Act of 2018 (the 2018 Farm Bill), Congress authorized a national licensing system for the cultivation of hemp under the control of the United States Department of Agriculture (USDA). Central to the 2018 Farm Bill was Congress’ directive to provide states the opportunity to assume primary regulatory authority under plans proposed by the states that complied with rules to be developed by the USDA.

In October 2019, the USDA issued its Interim Final Rule governing the licensing and cultivation of hemp. The Department found substantial elements of the USDA’s requirements to be very challenging and contrary to Congress’ objective of stimulating the hemp industry. The Department shared its concerns with the USDA in hopes of timely revisions for the 2021 planting season.

Unfortunately, as of today, the Interim Rule remains unchanged. It is the Department’s view that many of the requirements concerning the scope and timing of sampling and testing, the disposal of non-compliant plants, and reporting are unrealistic and impose unreasonable burdens on growers and any state interested in administering a compliant program.

As such, the Department has notified USDA that it will not be submitting a state plan for the 2021 growing season. Unless the 2014 Farm Bill is extended or the USDA otherwise agrees to change its requirements for the 2021 grow season, it appears that growers interested in cultivating an industrial hemp crop in 2021 will need to apply to USDA for a producer license.

Please understand that the State will continue to advocate for reasonable requirements related to the oversight of industrial hemp. In this regard, the Department has asked the USDA to extend the 2014 Farm Bill until 2021 and to otherwise provide a more flexible regulatory structure. We have made clear that if the federal requirements are modified to remove the challenges communicated to the USDA, the Department will reconsider submitting a state plan to assume responsibility for the program.

We remain committed to the hemp industry in New York State and are optimistic that working with Congress, the USDA, and other hemp producing states, adjustments in the federal program will occur to make it more workable. In the meantime, we stand ready to assist you in the transition to USDA licensing for the next season should that be the only path available to growers on October 31.

Sincerely,
Richard A. Ball Commissioner”

JoMala Owes Us

If Trump was going to legalize Marijuana, he would have by now. Cannabis reform’s only hope is with Biden/Harris.

Considering their past, there’s no one better to reform the profoundly unpopular, racist, and unconstitutional war on Marijuana than “JoMala.” They owe us one.

How often do you have the actual Architect and a loyal Soldier of the war on drugs running for a must-win election and needing our votes? It’s Pandering Season, squeeze some promises out of them like Harris’ SB 2227 but without the 5% federal tax and tobacco provisions. No tax because the enforcement cost savings will be $13.7 billion annually.

USDA Grants for Hemp Research Available

I can think of a hundred good projects, and that’s just in seed for food. Albumin egg replacer, functional proteins for meat analogs, breeding to increase lysine, whipping protein for foams, bio cellophane, advanced shelling techniques, particle size reduction, Cannabisin extraction, spectroscopy for instant field analysis and compliance …

From USDA:

INDUSTRIAL HEMP RESEARCH

The National Institute of Food and Agriculture (NIFA) handles the extramural research aspects of industrial hemp. Researchers should continue following the guidance received regarding Section 7606 of the 2014 Farm Bill.

Researchers should seek their own legal counsel and guidance from their state regulatory agency regarding what is allowable for conducting research in their respective state. The USDA cannot provide advice regarding state specific policies.”

Click here to read more at USDA.

Biden’s Bad Bills

Thus, in a right and just world, Biden and Harris are THE perfect people to finally legalize federally (give it to the states).

I can understand why unfortunately Obama didn’t legalize marijuana, despite 83 years now of its racist unconstitutionality. He was the first Brotha in the Oval Office, the first open ex-Stoner, the first POTUS younger than me. He felt that it should not be him but rather SOMEone ANYone else.

Now we have “Justice Joe” Biden, a white-as-a-ghost privileged male establishment Senator dyed-in-the-wool Prohibitionist, architect of the drug war which destroyed millions of lives and families and devastated thousands of communities across the country since the 1980s. 

Biden pushed for mandatory minimum sentencing which led to mass incarceration of mostly Black men, then the 1994 3-strikes crime bill which unfairly imprisoned mostly black men. He created the office of the Drug Czar, a Prohibitionist propaganda tool designed to legitimize an illegitimate drug war. He wrote the legislation that resulted in over-policing across the country while supporting the militarization of the police. Much of the protest today is a direct result of specific Biden policies.

VP pick Kamala Harris was also a prosecutor, district attorney, and the state Attorney General helping do the Drug War’s dirty work on a daily basis. Hand-picked by Democratic Party elites in California, she was vehemently anti-marijuana and obsessed with high conviction rates. She even criminalized the parents of children who missed classes, but only those in public schools, not private.

Considered one of the more-hawkish drug war prosecutors, Harris denied reform, and increased drug crime convictions from 56 to 74 percent.

What’s measured improves.” —Peter Drucker.

Harris measured how many people she could put behind bars, not how many families were saved. Harris later admitted the war on drugs was a “failure” but still opposed even San Francisco’s drug courts, which routed offenders to treatment instead of prison. Her record is so bad challenger Tulsi Gabbard was able to make a debate issue of it. The MORE Act sponsored by Harris demands a 5% federal tax to end its 83 years of racist, unconstitutional mismanagement, deschedules, allows expungement, ignores patients and their medicine, and treats Cannabis like tobacco as a deadly vice worthy of tax.

This is who Drug Warrior “Just-us Joe” Biden is likely going to choose as VP. I can’t imagine a worse Democratic ticket when it comes to what for many of us is a single-issue decision: Cannabis reform.

Thus, in a right and just world Biden and Harris are THE perfect people to finally legalize federally (give it to the states). It sure would do wonders for his Karma. No 5% tax, no felony ban, automatic expungement. Ironically, his wife is a practicing physician, she can become part of the “informed change of heart” decision.

People love a redemption story. There is ZERO reason for him (and Harris) not to now “come to Jesus” on this issue, admit he was wrong and that his work had enormous unforeseen consequences hurtful for society, and that he now has a desire to right his wrongs of the past.

Release all federal pot prisoners and automatically expunge/commute/pardon prisoners past and present (including Ross Ulbricht and all other victims of over-zealous drug war prosecutions, too. If 45 can commute sentences, so can the Dems). If “Jailin’ Joe” doesn’t do this, the Dems should be consigned to the trash heap of history. Bad laws have consequences.

Drug laws have always existed just to disrupt communities of color; Chinese, La Raza, Blacks, but also certain whites such as patients, the disabled, war protesters, hippies and other political enemies of the top officials and old society in general. Even jazz musicians of all colors were targeted by drug laws, but invariably enforcement fell hardest on people of color, dozens of millions since 1937.

It was never about public health or safety or the children, only fear of The Other. Today, they make sure a Court never hears a case on the unconstitutional racist drug laws by seizing all assets of unlicensed operations but not spending money on prosecution, just keeping the assets. It’s a thinly-disguised shakedown racket, using old school strong-arm tactics (SWAT for zoning violations, and asset forfeiture).

Any discussion about systemic racism has to include marijuana reform at the federal level, PERIOD. Even FDA is in on the hoodwink. Drug felons need voting rights restored and records expunged so they can at least try to get a job. While they used drugs just as much as whites, People of Color were arrested way more than whites, and sentenced more times to more years than whites. Taking down statues is one thing, but freeing what are basically Nixon’s continuing political and racial prisoners is another.

As a reminder, not only did Democrats give us that 3-strikes crime bill and its cocaine sentencing discrepancy targeting crack (drug of choice of blacks, an inner-city epidemic created by the CIA in the ’80s) over powder cocaine (drug of choice of whites and the terminally hip), but super-racist Democrat FDR gave us the 1937 Marihuana Tax Act, Dems wrote the 1970 Controlled Substances Act signed by Nixon, they ignored it when Nixon buried the Shafer Commission report recommending decriminalization, then again Dems stayed silent when marijuana remained Schedule 1 (they intended it to be temporary, awaiting the Shafer report), and Dems gave us Minimum Mandatories taking away the ability of judges to levy fair sentences.

Yet, Joe’s privileged son Hunter Biden was jailed not even once after his dismissal from the Navy Reserve in 2014 after testing positive for cocaine, or attempting to buy crack several times in Los Angeles, or when police in Arizona found crack in his rental car after it was damaged in an accident. He has admitted to a history of using cocaine while attending Georgetown University, and doing blow with a stranger in a casino in Monte Carlo.

Anti-Cannabis efforts by Democrats aren’t just a national effort. Democrat Governor Hickenlooper called legalization in Colorado “reckless.” In Denver’s Democratic city administration a constitutionally-protected patient growing even one plant outdoors in a locked and fenced greenhouse could lose their house to city asset forfeiture. That same administration blocked constitutionally-protected marijuana lounges in his city, giving tourists no legal place to smoke the marijuana they legally buy there. Also in Colorado Democrats took control of the hemp program’s THC levels out of the state Constitution and handed it over to the Feds, under Amendment X in 2018. A Democrat from San Francisco, California, crafted the most restrictive hemp bill ever, designed to appear to legalize while actually banning it to protect downwind medical grows.

In recent years, our most-liberal Dem “friends of Cannabis” (Blumenauer and Polis) wanted to legalize by levying a 5% federal excise tax, an Occupation Tax like in the tobacco industry against each company and worker, and give marijuana to the BATF. Every single one of them refused to support Bernie Sanders’ SB 2237. Cannabis reform has long been in the GOP ideological wheelhouse (smaller government, no victim-less laws, personal responsibility not state’s, constitutional rights, states’ rights), but the GOP of today is a shell of the ideology which built it. William F Buckley is screaming from the grave at today’s GOP. A smart young advisor might show them how to coöpt Cannabis reform, perhaps a Libertarian.

They recently removed any mention of Cannabis reform from the 2020 Democratic Party platform. With 47 states having some form of it, it was a huge middle-finger to 90% of their base, those who support reform of marijuana laws for patients. That includes the 2/3 who want to see it legal for non-medical adult-use. Never underestimate the ability of the DNC to snatch defeat from the jaws of victory. They couldn’t even just toss us a tiny crumb like endorsing only medical marijuana. It’s petty and irresponsible, really: they built this sh*tshow, they have to end it.

But hey, “Washington DC as the 51st State” made the cut.

Since California first declared medical value in 1996 (Schedule 1 requires “no medical value”), Bill “I didn’t inhale [meaning he ate pot brownies]” Clinton should have, but no. W could have should have after 9/11 with “realigning priorities to fight terrorism” ending it, but no. Barry O, well yeah it would’ve put him in the All-time Stoner Hall of Fame for all eternity and millions of babies would have been named Barack, but no. Now Trump is too busy filling the swamp to drain it, and couldn’t GAF about any of us anyway. That puts it squarely on “Jail’em Joe.”

The Overton Window… move it or lose it. It’s why someone needs to co-sponsor Bernie’s old SB 2237. It was the best so far, gets the Feds out of the pot business and hands it over to the states where it belongs. The best House bill last session was from a GOP not Dem Representative from Virginia. SB 2237 moves the Overton Window, making all the other bills look less favorable to patients thus better to politicians. They like that, the power which comes from controlling peoples’ very health and welfare, both the physical and the mental. The Stanford Prison Experiment shows what will eventually happen to those with that kind of power. They have this perverse notion that giving us pennies is immoral, but giving the 1% and corporations trillions is patriotic.

Democrats, it’s time to give up the ghost. Do the right thing even if only for the first and last time in your political life. Legalize, and for real this time: “If anyone can still go to jail for it, it ain’t legal.”

So, what now? Considering that the DNC has us over a barrel this year, we can make a righteous stink. Leverage it: 90% of the public want medical, 70% adult-use. Use that frame to move the narrative. Perhaps a new group, the existing ones appear moribund. A Lincoln Project for Cannabis?

Ironically, “Judas Joe” likely cost Dems millions of voters:

https://www.sentencingproject.org/publications/6-million-lost-voters-state-level-estimates-felony-disenfranchisement-2016/

We’ll never get “our” XXIst Amendment or “our” DSHEA after 83 years of racist unconstitutionality, but it sure would be nice. Great evil demand great penance.