Tag: hemp

Army Updates Drug Policy To Explicitly Ban Delta-8 THC Hemp Products And Warn Soldiers Against Eating Poppyseed Bagels

The U.S. Army has updated its drug policy to clarify that soldiers are prohibited from using intoxicating hemp cannabinoid products like delta-8 THC. It is further cautioning servicemembers against eating foods containing poppyseeds, which can produce false positives when testing for opioids.

The update to the Army’s substance misuse guidance took effect on October 4. And with respect to the delta-8 THC components, it represents one of the latest examples of how government and private institutions are attempting to navigate the legal grey area that’s emerged since hemp and its derivatives were legalized under the 2018 Farm Bill.

The military branch’s prior policy enacted in 2020 made clear that the “use of products made or derived from hemp,” even if it’s legal for civilians, is prohibited for soldiers. But that guidance came before delta-8 and other intoxicating cannabinoids became a mainstream feature of the largely unregulated cannabis market.

Instead, the Army at the time focused on non-intoxicating CBD, which servicemembers are also barred from using. It remains the rule that prohibited cannabis products include those that are “injected, inhaled, or otherwise introduced into the human body; food products; transdermal patches, topical lotions and oils; soaps and shampoos; and other cosmetic products that are applied directly to the skin.”

“This provision is punitive, and violations may be subject to punishment,” it says.

Congress and state legislatures have been paying closer attention to the intoxicating cannabinoid market in recent years, with various proposals to regulate or outright ban such products. The language of the earlier Army guidance would seem to apply to delta-8, even if it’s not explicitly mentioned, but now the branch is putting the policy more clearly into writing.

The new regulations, first reported by Task & Purpose, specify that soldiers are banned from using controlled substance analogues, which include “synthetic cannabis and other tetrahydrocannabinol (THC) substitutes that have no known application other than mimicking the effects of THC in the human body.”

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California Governor Unveils Emergency Ban On Hemp Products With THC

California Gov. Gavin Newsom last week proposed an emergency ban on intoxicating hemp products, saying the new regulations are needed to protect the safety of children. The governor issued the proposed emergency regulations, which prohibit sales of consumable hemp products that contain intoxicating cannabinoids including THC after they were drafted by the California Department of Public Health (CDPH).

“We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores,” Newsom said in a September 6 statement. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”

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Hemp And CBD Groups Threaten To Sue California Over Governor’s New Rules Restricting Cannabinoid Products

California Gov. Gavin Newsom’s (D) plan to crack down on hemp-derived cannabinoids in the state is rankling some in hemp industry, who now say they’re exploring lawsuits to challenge the governor’s proposed emergency rules unveiled last week.

On Friday, the advocacy group One Hemp said it’s considering a court challenge “with the intent to hold Newsom accountable to the normal democratic process.”

The organization, which has ties to the hemp CBD industry, notes the governor’s proposal was never approved by the state legislature and would severely restrict access to hemp products already legal under federal law.

“These are products that the disabled, chronically ill and veteran communities cannot live without to help support seizures, pain and mobility management, sleep and more,” One Hemp said in a press release about the possible lawsuit.

Jared Stanley, a founding member of One Hemp and a co-founder of the CBD company Charlotte’s Web, said Newsom’s plan to target hemp-derived cannabinoids is overbroad and would severely harm families who rely on CBD products.

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Missouri Regulators Launch ‘Raids’ Of Nearly 50 Stores, Looking For Intoxicating Hemp Edibles

State health regulators walked into the busy Prime Fuel gas station in Sedalia on Tuesday morning and asked the clerk if there were any intoxicating hemp-derived THC edibles in the store—products the governor banned as of September 1.

The two employees of the Missouri Department of Health and Senior Services (DHSS) learned the store had already taken the products off the shelves, according to the regulators’ report on the visit, and they were being stored in a box in the office.

The report says regulators called the owner and he voluntarily agreed to destroy the products.

But that’s not how the owner describes the incident, said Craig Katz, spokesman for the Missouri Hemp Trade Association.

“He seemed to be forced into it,” Katz said.

Katz said the owner had boxed up the products so he could return them to the wholesaler for a refund, and he explained this to the regulators. Instead, they told him his manager had to pour bleach over about $5,000 worth of product, Katz said, a process that took two hours.

On Wednesday, the Missouri Hemp Trade Association’s attorney Chuck Hatfield sent a letter to the department’s general counsel saying the regulators deprived the owner of his right to tell his side of the story to a judge.

“The law is extremely clear that DHSS is not authorized to destroy product, or to demand that others do so, without a court order,” Hatfield wrote.

State regulators had visited 44 establishments as of 4 p.m. Thursday to inspect for the banned products, said Lisa Cox, spokesperson for the department.

Of the 44 facilities, regulators found “unregulated psychoactive cannabis products” during inspections at 23 of them, Cox said.

“Four facilities have refused to embargo or discard products,” she said. “The remaining facilities agreed to embargo and/or discard products. At this time, we have taken no court action.”

Cox declined comment on Hatfield’s letter.

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Gavin Newsom Wants California To Have More Restrictive Drug Laws Than Florida

Last week, California Gov. Gavin Newsom proposed strict new rules on intoxicating substances derived from hemp. The crackdown would give the Golden State more punitive drug laws than even Florida.

Newsom, who was floated as a potential replacement for Joe Biden on the Democratic presidential ticket, announced new “emergency regulations” on Friday. Under the new rules, any “industrial hemp final form food product intended for human consumption” must contain “no detectable amount of total THC,” and “each package shall have no more than five servings.” The new regulations would also prohibit anyone under the age of 21 from purchasing any hemp-derived food products.

Newsom sold the new regulations as necessary to protect children from accessing intoxicating products. “The industry bears full responsibility for not policing itself for the proliferation of these intoxicating products that are hurting our children,” Newsom said at a press conference announcing the new regulations.

THC is the psychoactive compound that occurs naturally in cannabis. Typically, this refers to delta-9-tetrahydrocannabinol, which creates the “high” from smoking marijuana, though there are other variations as well: Delta-8-THC occurs in hemp—derived from the same plant as marijuana—and presents a similar, though milder, response compared to delta-9.

In the 2018 farm bill, Congress legalized industrial hemp by defining it as a cannabis byproduct with “not more than 0.3 percent” delta-9-THC concentration. As a result, an entire industry emerged in which companies manufactured intoxicating products containing delta-8, which could be synthesized from hemp.

But Newsom’s “emergency” rules define THC to include both delta-8 and delta-9, as well as numerous other cannabis byproducts. While federal law allows a hemp-derived substance to be up to 0.3 percent delta-9, Newsom would prefer the limit be zero percent, and he would make manufacturers “provide documentation that includes a certificate of analysis from an independent testing laboratory to confirm the amount of total THC…does not exceed the total THC per serving size limits.”

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Beer Industry Trade Group Applauds California Governor’s Crackdown On Hemp Products With THC

A major alcohol trade association is applauding California Gov. Gavin Newsom’s (D) newly proposed emergency regulations to outlaw intoxicating hemp-derived cannabinoids and require all CBD products be completely free of THC.

The head of the Beer Association, which represents American brewers, importers and industry suppliers, touted its “longstanding commitment to responsible drinking” in comments issued Monday morning and said Newsom’s proposal will close “an unintended loophole” created with the passage of the 2018 Farm Bill, which legalized hemp federally.

“The Beer Institute thanks Governor Newsom for his leadership in closing an unintended loophole that has enabled the proliferation of unregulated intoxicating hemp products,” Brian Crawford, the group’s president and CEO, said in a statement. “Intoxicating hemp products are being sold as food and beverages, despite not being deemed safe for the U.S. food supply by federal regulators, and in some cases without age restrictions.”

“The beer industry is proud of our longstanding commitment to responsible drinking,” added Crawford, “and to operating in full compliance with a multitude of state and federal regulations.”

The Beer Institute said in an email that its position “aligns with a bipartisan coalition of 21 state attorneys general” who wrote a letter in March urging Congress to amend federal law so that intoxicating cannabinoids are not included in the federal definition of hemp.

More broadly, the Beer Institute has kept its distance from marijuana. It says on a policy page that while members “strongly believe voters should determine whether their state should legalize the sale of marijuana,” the group itself remains neutral on legalization. It further argues that it’s “misleading to compare marijuana to beer.”

“Beer is distinctly different, both as a product and as an industry,” the trade association contends. “Americans welcome beer at nearly every occasion because beer’s moderate alcohol content means it can be enjoyed sensibly. Brewers and beer importers are committed to responsible consumption, advertising, community service and working with law enforcement to promote public safety.”

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Nebraska Attorney General Announces Crackdown On Illegal THC Product Sales

Saying he was stepping up Nebraska’s fight against “mislabeled” and “dangerous” delta-8 products, Attorney General Mike Hilgers (R) on Wednesday announced the start of citywide crackdowns on retailers who sell the items.

He said that while his escalated effort started in Norfolk, other cities should expect similar blanket investigations.

“We are ramping up our efforts to clean up Nebraska,” Hilgers said. “For the first time, we have sued every store in a community. The stores are misleading Nebraskans.”

Four new lawsuits

Flanked at a media event by U.S. Rep. Mike Flood (R-NE) of Norfolk, Hilgers told reporters of four new lawsuits covering five Norfolk stores. Filed Wednesday in Madison County District Court, they allege violations of the Consumer Protection Act, Uniform Deceptive Trade Practices Act and Nebraska’s Pure Food Act.

The latest suits joined legal actions filed since last year against a dozen other vape shops and businesses across the state. Some cases have been settled, with retailers agreeing not to sell prohibited hemp products that contain or have been modified with synthetic THC.

THC is the compound in the cannabis plant most commonly associated with getting a person high. Some of the THC-containing products in question were packaged and made to look like candy and snacks.

A spokesperson for two of the Norfolk stores said, however, they were unaware there was any problem with the products they buy from a wholesaler distributor.

Tiffany Colsden, general manager of NP Mart stores in Norfolk, said her team learned of the investigation Wednesday, when a reporter came knocking.

By noon, she said, the two stores had pulled the items in question off the shelves.

“All they had to do was tell us,” Colsden said. “If Nebraska doesn’t want us to sell it, we won’t. It’s that simple.”

She described NP Mart, which has two locations in Norfolk, as a convenience store that sells gas.

Lawsuits also were filed against Smokin’ Deals, Smokes R. Less and Vapor Hutt.

A person at Smokes R. Less hung up the phone when a reporter called.

Vapor Hutt officials could not be reached.

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California Governor Unveils Emergency Rules To Ban Hemp Products With Any ‘Detectable Amount’ Of THC

Six years after Congress passed the 2018 Farm Bill, which legalized hemp at the federal level, California Gov. Gavin Newsom (D) is attempting to rein in the proliferation of products that contain intoxicating hemp-derived cannabinoids. While many support the aims of the proposal, some stakeholders contend it could ultimately limit access to federally legal CBD products.

Newsom announced new emergency regulations on Friday that would outlaw hemp products with any “detectable amount of total THC.” Hemp products that don’t have THC would be further limited to five servings per package, and sales would be restricted to adults 21 and older.

The proposal comes less than a month after the state legislature effectively killed a governor-backed bill that would have imposed somewhat similar restrictions on intoxicating hemp-derived cannabinoids.

Newsom said in a press conference that he expects the new rules to take effect after a “very short” administrative process.

Standing next to a table piled with largely unregulated products containing hemp-derived cannabinoids, including beverages and gummies, Newsom expressed disgust that they’re now widely sold at grocery stores, gas stations and convenience stores. Hemp-derived THC-infused sparkling water, he lamented, can be found—including by minors—alongside more benign products like La Croix.

“It’s a disgrace and it’s a shame,” the governor said, “and the industry bears full responsibility for not policing itself, for the proliferation of these intoxicating products that are hurting our children.”

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THC-O Qualifies As Legal Hemp Under Federal Law, Appeals Court Says, Rejecting DEA’s Restrictive Stance

A U.S. appeals court has ruled that the hemp-derived cannabinoid THC-O-acetate is federally legal under the 2018 Farm Bill, rejecting the position of the Drug Enforcement Administration (DEA) that the chemical is a Schedule I controlled substance.

The opinion, published on Wednesday by the U.S. Court of Appeals for the Fourth Circuit, comes in an employment case that rests in part on the federal legality of the cannabinoid. In it, the majority of a three-judge panel ruled that DEA’s interpretation of what qualifies as illegal marijuana is overbroad and does not apply to THC-O, which can be synthesized from other cannabinoids found in legal hemp.

In rejecting DEA’s 2023 interpretation of the law, the Fourth Circuit panel sided with an earlier opinion out of the Ninth Circuit Court of Appeals that ruled the Farm Bill’s legalization of hemp removed restrictions on a wide range of cannabinoids, for example delta-8 THC.

“Because the statute is subject to this other reasonable (and, we think, better,) interpretation,” says the new Fourth Circuit opinion, “we reject [the employer’s] contention that the DEA’s interim final rule or letter mandates a finding that THC-O is illegal.”

“Between the DEA’s February 2023 letter and [the Ninth Circuit opinion], we think the Ninth Circuit’s interpretation of the 2018 Farm Act is the better of the two,” judges wrote. “And we’re free to make that determination ourselves, despite a contrary interpretation from the DEA, because we agree with the Ninth Circuit that [the federal definition of hemp] is unambiguous.”

Specifically, the opinion says, “The Ninth Circuit held that it didn’t need to consider the DEA’s position on synthetically derived substances because the definition of ‘hemp’ under the 2018 Farm Act was unambiguous in its application to all products derived from the cannabis plant, ‘so long as they do not cross the 0.3 percent delta-9 THC threshold.’”

To further justify its reasoning, the court cited a Supreme Court decision from this year that overturned the so-called Chevron doctrine of providing deference to federal agencies’ interpretations of ambiguous statutes, writing that it means judges need not defer to DEA’s own interpretation of the law.

The opinion says of the federal hemp definition: “Even if it were ambiguous, we needn’t defer to the agency’s interpretation, see Loper Bright Enters. v. Raimondo.”

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Missouri health department to begin enforcing ban on psychoactive cannabis compounds

On Sunday, the state of Missouri will begin enforcing Gov. Mike Parson’s executive order to crack down on psychoactive cannabis products.

The governor has said the products being targeted are often packaged to look like candy and can appeal to children, and they’re sold at convenience stores and other businesses with liquor licenses. The only exceptions will be for products that come from a source approved by the Missouri Department of Health and Senior Services (DHSS).

The executive order issued August 1st also required the Division of Alcohol and Tobacco Control to file an emergency rule to forbid liquor license holders from selling psychoactive cannabis, but the rule has been blocked by Secretary of State Jay Ashcroft.

In a statement, the Department of Health and Senior Services said the rejection of the emergency rule filing “has no impact” on their enforcing the executive order.

“Executive Order 24-10 does not apply to products under the control or purview of the Division of Cannabis Regulation pursuant to Article XIV of the Missouri Constitution and sold by establishments licensed pursuant to Article XIV of the Missouri Constitution,” the statement said.

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