Massachusetts Marijuana Regulator Calls Intoxicating Hemp Products A ‘Public Menace’

The Cannabis Control Commission (CCC) for the first time is raising concerns about intoxicating hemp products showing up in stores, restaurants and gas stations across Massachusetts, with commissioner Kimberly Roy calling them a “public menace.”

At a meeting of the commission last week, Roy and other commissioners said the largely unregulated products are putting more heavily regulated cannabis products at a disadvantage.

“I’ve heard from many of our licensees that [unregulated hemp is] impacting them greatly. It’s a phenomenon known as gas station weed,” said Roy. “These are hemp products that are unregulated, that aren’t tested, that our children can buy. It keeps me up at night, the concerns around this gas station weed.”

Intoxicating hemp products contain the same active ingredient as cannabis products but are regulated very differently. They are on shelves in the Commonwealth because of a 2018 federal law that removed hemp from the definition of marijuana. An entire industry has popped up around the country selling intoxicating hemp products.

Adam Terry, the CEO of Cantrip, a Boston beverage maker, said in a CommonWealth Beacon commentary last month that many of the hemp-based products are manufactured in Minnesota, which regulates them just as rigorously as marijuana products.

Previously, the Cannabis Control Commission had not taken a stance on the hemp products because the agency believes the product falls outside of its jurisdiction. But the agency, which regulates cannabis and hemp products that are sold inside cannabis dispensaries, is now preparing to testify before a joint legislative hearing on the hemp products before the cannabis policy and agricultural committees on July 11.

Roy offered to serve as the commission’s representative at the legislative hearing. She stressed that the unregulated hemp products are not tested or age restricted in the same way that cannabis products are.

“[Unregulated hemp products are] having a serious negative impact on our licensees who are bound by the law and bound by our regulations,” said Roy. “Then you have all these other convenience stores or smoke shops or gas stations who are not.”

Keep reading

Atlanta Could Add Psilocybin And Ketamine To City Workers’ Healthcare Plans Under Pending Resolution

A new proposal from an Atlanta City Council member would direct municipal officials to explore the pros and cons of adding coverage for psilocybin and ketamine as mental health treatments to the city’s healthcare plan for firefighters, police and other government workers.

“Traditional treatments for mental illnesses such as depression, anxiety, PTSD, and others have shown limited effectiveness for some individuals, leading to a need for exploring alternative therapeutic options,” the legislation, which is currently being sponsored by 11 of the Council’s 16 members, states. “Recent research has demonstrated the potential efficacy of alternative therapies such as ketamine-assisted therapy and psilocybin-assisted therapy in treating various mental health conditions, offering promising results where other treatments have failed.”

The resolution’s lead sponsor, Councilmember Liliana Bakhtiari, has said city workers deserve access to a broad range of mental health services.

“We should be offering our employees—and especially our first responders, who are expected to be superhuman—the same amount of grace and providing them with a tool set to essentially overcome this issue,” The lawmaker recently told Axios.

Bakhtiari said the impetus for including the drugs on public employees’ health plans was meeting a West Virginia police officer who witnessed a fellow officer die of suicide and later used ketamine to treat his PTSD. The lawmaker said they’re not aware of any other city governments that have looked into covering psilocybin or ketamine treatment.

The resolution from Bakhtiari would request the Atlanta’s human resources department to “explore the feasibility of adding coverage for ketamine therapy, psilocybin therapy, and other alternative therapies for mental illness in the City’s employee benefits contract during its next round of negotiations.”

Keep reading

Delaware Governor Signs Bill To Expand Medical Marijuana Access By Letting Doctors Recommend It For Any Condition

Delaware’s governor has signed a bill to significantly expand the state’s medical cannabis program as regulators take steps to launch the recreational marijuana market.

The new law approved by Gov. John Carney (D) on Tuesday removes limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors will be able to issue marijuana recommendations for any condition they see fit.

The measure will also allow patients over the age of 65 to self-certify for medical cannabis access without the need for a doctor’s recommendation.

Here are the key provisions of the medical cannabis expansion legislation, HB 285:

  • The list of qualifying conditions for medical marijuana will be removed, allowing doctors to recommend cannabis for any condition that they believe patients could benefit from.
  • Patients 65 or older will be able to self-certify their need for medical cannabis—without any need for a recommendation from a healthcare provider.
  • Regulators will be authorized to issue medical cannabis cards with two- or three-year terms, instead of just the current one-year term.
  • Patients diagnosed with a terminal illness, meanwhile, will be able to qualify for a card with an “indefinite” expiration date.
  • The measure will provide patients with medical marijuana cards from other jurisdictions with the same privileges as registered in-state patients.

Keep reading

DEA Says ‘THCA Does Not Meet The Definition’ Of Legal Hemp As Congress Weighs Cannabinoid Recriminalization In Farm Bill

To meet the federal definition of hemp under the 2018 Farm Bill, a cannabis product must contain less than 0.3 percent delta-9 THC. Now, in a new letter clarifying that limit, a top Drug Enforcement Administration (DEA) official says the threshold includes not only delta-9 THC itself but also the related cannabinoid THCA, which is converted into delta-9 THC when heated—a process known as decarboxylation.

“In regards to THCA, Congress has directed that, when determining whether a substance constitutes hemp, the delta-9 THC concentration is to be tested ‘using post-decarboxylation or other similarly reliable methods,’” says the letter, sent earlier this month by Terrence Boos, chief of DEA’s drug and chemical evaluation section.

“The ‘decarboxylation’ process converts delta-9-THCA to delta-9-THC,” Boos continued. “Thus, for the purposes of enforcing the hemp definition, the delta-9 THC level must account for any delta-9 THCA.”

“Accordingly, cannabis-derived THCA does not meet the definition of hemp under the CSA,” he concluded, “because upon conversion for identification purposes as required by Congress, it is equivalent to delta-9-THC”

The position articulated in the May 13 letter comes in response to a request for clarification sent to DEA last month by cannabis attorney Shane Pennington, who declined to comment for this story. According to the DEA letter, Pennington last month “requested the control status of tetrahydrocannabinolic acid (THCA) under the Controlled Substances Act.”

A similar request from Pennington, a lawyer at the firm Porter Wright, was also the impetus for DEA’s declaration in 2022 that marijuana seeds are considered legal hemp as long as they don’t exceed federal THC limits.

DEA’s position on THCA comes as federal lawmakers reconsider how to address hemp and cannabinoids under a revised version of the Farm Bill, with a key House committee having recently adopted an amendment that would generally ban hemp-derived cannabinoids such as delta-8 THC.

DEA is essentially saying in the letter that because THCA so readily converts into delta-9 THC, it can’t be ignored when measuring a product’s delta-9 THC level.

That’s not at all how the U.S. hemp industry sees it, however.

“This interpretation would destroy the hemp industry,” Jonathan Miller, general counsel for the U.S. Hemp Roundtable, told Marijuana Moment on Friday. “Most hemp growers, even fiber and grain growers, would be out of compliance.”

Asked if he thought hemp farmers would object to the idea that a product that tests at 0.2 percent delta-9 THC but also 4.6 percent THCA, Miller replied: “I would imagine nearly every hemp farmer and company would find this interpretation objectionable.”

Shawn Hauser, who co-chairs cannabis-focused law firm Vicente LLP’s hemp and cannabinoids practice, said the Farm Bill “requires biomass to be tested pre-harvest for total THC, which considers the percentage of THCA in pre-harvest material.”

Hemp products are required to have a pre-harvest certificate of analysis showing the products are compliant, she said.

“So pre-harvest, a plant with high THCA likely exceeds the maximum allowable THC content and wouldn’t be lawful,” Hauser said. “This has been a point of confusion among businesses and state regulators.”

The situation—including ongoing discussions of how to amend the Farm Bill’s handling of cannabinoids—”just underscores the imminent need for legalization and regulation of the whole plant,” she added. “Trying to draw arbitrary lines in the plant and the law without a federal regulatory or enforcement framework doesn’t work.”

Keep reading

VENOM NATION: Shocking Number of Americans Have Tried Gila Monster Venom-Based Weight Loss Drugs

A new poll reveals that a shocking percentage of Americans are taking risky Gila monster venom-based weight loss drugs.

According to the latest KFF Health Tracking Poll, one out of every eight adults in the U.S. has used one of the trendy GLP-1 agonist weight loss and diabetes drugs, such as Ozempic and Wegovy.

This class of drugs is based on compounds in the venom of Gila monsters, a type of small Southwestern lizard that happens to be the only venomous type of lizard found in America. Researchers discovered in the early 1990s that they have a special hormone in their venom that can control hunger and slow digestion.

GLP-1 agonists work by imitating a hormone known as GLP-1 that is naturally produced by the body and secreted from the small intestine to trigger the release of insulin while slowing stomach emptying and blocking glucagon secretion. It can also help people feel fuller after eating by impacting the parts of the brain responsible for processing satiety and hunger signals.

The poll found that roughly 6% of all American adults are currently taking one of these medications, which amounts to 15 million people.

Keep reading

Massachusetts Marijuana Delivery Rule Requiring Two Drivers Per Vehicle Remains In Force Despite Vote To Repeal It

Last December, after months of deliberation, the Cannabis Control Commission (CCC) voted to eliminate its so-called two-driver rule—which requires all marijuana deliveries to be handled by two drivers.

The vote was 3–1, with Commissioner Bruce Stebbins the lone holdout. He was concerned about dropping a safety requirement to make the delivery license more lucrative. His fellow commissioners, however, wanted to reduce overhead costs for the delivery companies, which are headed by social equity licensees. “Ample security measures are already in place,” said Commissioner Nurys Camargo, referring to body cams and GPS tracking.

Five months later, the two-driver rule remains in place. Delivery operators are still waiting for relief, and the commission has no timetable for when the rule will be modified. At the commission’s public meeting on May 9, the commission’s general counsel shared that it would be months before the two-driver rule is removed. The CCC attributed the delay to an effort to consolidate a number of regulatory changes dealing with deliveries in a single rewrite.

In the meantime, the two-driver rule remains in place, which is not sitting well with the delivery companies.

“The two-driver rule is a hurdle and a handcuff that companies like mine are facing,” said Gyasi Sellers, the owner of cannabis delivery company Treevit. “There are a lot of companies like mine that are running out of time. Some have gone under already, and that rule is one of the primary causes of that.”

The two-driver rule requires that any cannabis delivery have two drivers in the vehicle so that when one person leaves the vehicle to actually make the delivery, the other person can stay and guard the vehicle. According to the delivery companies, the rule doubles the cost of each job because two people have to be paid for work that can be done by a single person. Plus, if one driver is out, the other driver can’t make the delivery.

Cannabis delivery operators have been speaking out against the two-driver rule for a long time. “[Back] in 2020 and 2021, we were telling the commission that the two-driver rule is gonna really hurt businesses,” said Chris Fevry, the co-owner of Dris Delivery. “We’ve told them multiple times it’s literally just gonna hurt equity. And come to find out it’s still 2024 and the two-driver rule is in place, and companies have gone out of business because of the two driver rule.”

Ulysses Youngblood, the owner of cannabis company Major Bloom, which has a dispensary in Worcester and also a delivery arm, expressed frustration that the CCC wasn’t prioritizing this issue.

Keep reading

House Committee Approves Farm Bill Amendment To Ban Most Hemp-Derived Cannabinoid Products Like Delta-8 THC

A key House committee has amended a large-scale agriculture bill in a way that would impose a general ban on hemp-derived cannabinoids such as delta-8 THC—with some industry stakeholders saying it could even federally criminalize many CBD products because the measure’s scope covers all ingestible hemp products with any level of THC.

If enacted into law, cannabinoids that are “synthesized or manufactured outside of the plant” would no longer meet the definition of legal hemp.

At the same time, the legislation that is set to advance through the House Agriculture Committee on Thursday also contains provisions that would reduce regulatory barriers for certain hemp farmers and scale-back a ban on industry participation by people with prior drug felony convictions.

Members adopted the cannabinoid ban amendment from Rep. Mary Miller (R-IL) as part of an en bloc package with other unrelated changes in voice vote. The overarching bill is expected to clear the committee later in the day before moving to the floor.

The move comes following a push from prohibitionists and certain marijuana companies who argued in favor of restricting the cannabinoid products, describing it as a fix to a “loophole” that was created under the 2018 Farm Bill that federally legalized hemp.

The ban’s adoption by the panel likely sets the stage for a showdown with the Democratic-controlled Senate, which has yet to release the full text of its version of the Farm Bill.

“My amendment will close the loophole created in the 2018 Farm Bill that allows intoxicating hemp products like delta-8 to be sold,” Miller said ahead of the vote. “These products are being marketed to children and sending hundreds of them to the hospital. We must stop teenagers and young children from being exposed to addictive and harmful drugs.”

Keep reading

Ted Cruz Suggests Marijuana Rescheduling Might Lead To More People Dying In Car Crashes From Impaired Driving

U.S. Sen Ted Cruz (R-TX) criticized the Biden administration’s planned move of cannabis to Schedule III of the Controlled Substances Act (CSA) during comments Wednesday at a Senate Commerce subcommittee hearing, citing increases in vehicle injury and fatality rates that he attributed to the legalization of adult-use marijuana.

Delivering remarks to the Senate Commerce Subcommittee on Surface Transportation, Maritime, Freight and Ports, Cruz brought up a number of transportation-related concerns before pivoting to marijuana legalization and federal rescheduling.

“Another notable issue is drugged driving,” he said, reading from a prepared statement. “A 2022 research paper found that from 2009 to 2019, legalization of recreational marijuana was ‘associated with a 6.5 percent increase in injury crash rates and a 2.3 percent increase in fatal crash rates.’”

“And yet the Biden administration, rather than working to keep our families safe on the roadways, has instead decreed that it will reclassify marijuana from a Schedule I substance to Schedule III,” he continued. “The American Trucking Association quickly followed this news with a letter highlighting that rescheduling marijuana without an explicit allowance for a test for its use would create confusion and result in ‘serious safety impacts to safety-sensitive industries.’”

Though little else of the hearing involved marijuana, a representative of the American Automobile Association (AAA) testified that a small proportion of drivers appeared to have increased their dangerous driving behavior during the past few years, including driving after recently consuming cannabis.

Keep reading

Daily marijuana use is now more common than daily alcohol use in the U.S., new study finds

Daily and near-daily marijuana use is now more common than similar levels of drinking in the U.S., according to an analysis of national survey data over four decades.

Alcohol is still more widely used, but 2022 was the first time this intensive level of marijuana use overtook high-frequency drinking, said the study’s author, Jonathan Caulkins, a cannabis policy researcher at Carnegie Mellon University

“A good 40 percent of current cannabis users are using it daily or near daily, a pattern that is more associated with tobacco use than typical alcohol use,” Caulkins said.

The research, based on data from the National Survey on Drug Use and Health, was published Wednesday in the journal Addiction. The survey is a highly regarded source of estimates of tobacco, alcohol and drug use in the United States.

In 2022, an estimated 17.7 million people used marijuana daily or near-daily compared to 14.7 million daily or near-daily drinkers, according to the study. From 1992 to 2022, the per capita rate of reporting daily or near-daily marijuana use increased 15-fold.

The trend reflects changes in public policy. Most states now allow medical or recreational marijuana, though it remains illegal at the federal level. In November, Florida voters will decide on a constitutional amendment allowing recreational cannabis, and the federal government is moving to reclassify marijuana as a less dangerous drug.

Keep reading

Cannabis Use Before Bedtime Does Not Cause Next-Day Impairment Of Cognitive Ability Or Driving Performance, Study Shows

A new study suggests that using marijuana before sleep has minimal if any effect on a range of performance measures the next day, including simulated driving, cognitive and psychomotor function tasks, subjective effects and mood.

The report, which drew data from a larger study investigating the effects of THC and CBD on insomnia, looked at outcomes from 20 adults with physician-diagnosed insomnia who infrequently used marijuana.

“The results of this study indicate that a single oral dose of 10 mg THC (in combination with 200 mg CBD) does not notably impair ‘next day’ cognitive function or driving performance relative to placebo in adults with insomnia who infrequently use marijuana,” says the paper, from researchers at Macquarie University in Sydney, the University of Sydney, Royal Prince Alfred Hospital in Sydney, Gold Coast-based Griffith University and Johns Hopkins University.

“The use of cannabis by night as a sleep aid is highly prevalent and there are legitimate concerns that this may lead to impaired daytime (‘next day’) function, particularly on safety sensitive tasks such as driving,” the 11-author team wrote in the report published last week in the journal Psychopharmacology.

Results, however, showed “no differences in ‘next day’ performance in 27 out of 28 tests of cognitive and psychomotor function and simulated driving tests relative to placebo.”

Keep reading