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CANNABIS AND CEQA
CANNABIS AND CEQA. On August 19, 2019, the Supreme Court of California issued a unanimous opinion in Union of Medical Marijuana Patients, Inc. (“ UMMP”) v. City of San Diego. Except for the parties and the limited number of individuals who follow litigation involving environmental law, this case has moved through the California courtsystem
HARVEST CEO WHITE & BOARD ADVISOR REINER ACCUSED OF FRAUD A billionaire from Washington state, Daniel Reiner, his cannabis investor buddy Scott Atkinson, and Steve White the CEO of Harvest Health are accused of fraudulent conveyance in a real estate deal with an affiliate of New York-based commercial retail titan Thor Equities. The lawsuit filed in California state court PACT ACT: UPS & FEDEX WILL SOON STOP SHIPPING HEMP & CBD Recent changes (covered here) to the Prevent All Cigarette Trafficking Act (the “PACT Act”) by the Consolidated Appropriations Act, 2021 (the “Appropriations Act”), a COVID-19 relief bill signed into law on December 27, 2020, will bar the US Postal Service (USPS) from delivering hemp vapor products directly to consumers as of April 26, 2021 (120 days after the passage of theNEW YORK CANNABIS
The Legalization of Cannabis in New York Will Have A Far Reaching Impact. On March 31, 2021, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act into law. This immediately legalized adult-use and possession of up to three ounces of cannabis, or up to 24 grams of concentrates. The Act also adds cannabis to theClean
CORPORATE LAWYER
Corporate Lawyer – Mid-level Feuerstein Kulick LLP New York, NY. Feuerstein Kulick is a boutique law firm comprised of former Wall Street attorneys that left Big Law to create a full-service, entrepreneurial law firm that focuses on the emerging Cannabis market. Recently named by Business Insider as one of the top firms in thisbooming
USA: DELTA-8 LEGAL MAP PUBLISHED Although Delta-8 is federally legal, a few states explicitly ban its use, even if companies obtain the compound directly from natural hemp. These states include Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. Delta-8 THC is still legally out of bounds for people in these states. FLORIDA: TOURISM AND MEDICAL MARIJUANA: FLORIDA’S LEGAL Before the COVID-19 pandemic, Florida tourism reached a record 128.5 million visitors in Fiscal Year 2019 — “the equivalent to 2.2 million additional people being added to Florida’s resident MALAWI READY TO PRODUCE CANNABIS FOR INDUSTRIAL AND Malawi is ready to start commercial production and processing of cannabis for medicinal and industrial use, the southern African country’s new Cannabis Regulatory Authority said on Tuesday. Reports Reuters who write Malawi’s parliament passed a bill in February that makes it legal to cultivate and process cannabis for medicines and TOBACCO AND MARIJUANA: WHAT ARE THEIR SIMILARITIES AND The Battlefield. Whenever people talk about tobacco and weed they are always mentioning how these things can affect our body, especially the heart and lungs. In comparison to marijuana, cigars appear to be more harmful. Namely, they can permanently destroy DNA, CBD & PET PRODUCTS: THE FDA REGULATIONS YOU NEED TO KNOW Pet care is on pace to be the next big opportunity in the CBD consumer-packaged-goods (CPG) market. Now you will be aware of the use of hemp oil for cats and other pets. In 2018, pet product sales totaled $9.4 million for adult-use cannabis retailers in California, Colorado, Nevada and Washington.CANNABIS AND CEQA
CANNABIS AND CEQA. On August 19, 2019, the Supreme Court of California issued a unanimous opinion in Union of Medical Marijuana Patients, Inc. (“ UMMP”) v. City of San Diego. Except for the parties and the limited number of individuals who follow litigation involving environmental law, this case has moved through the California courtsystem
HARVEST CEO WHITE & BOARD ADVISOR REINER ACCUSED OF FRAUD A billionaire from Washington state, Daniel Reiner, his cannabis investor buddy Scott Atkinson, and Steve White the CEO of Harvest Health are accused of fraudulent conveyance in a real estate deal with an affiliate of New York-based commercial retail titan Thor Equities. The lawsuit filed in California state court PACT ACT: UPS & FEDEX WILL SOON STOP SHIPPING HEMP & CBD Recent changes (covered here) to the Prevent All Cigarette Trafficking Act (the “PACT Act”) by the Consolidated Appropriations Act, 2021 (the “Appropriations Act”), a COVID-19 relief bill signed into law on December 27, 2020, will bar the US Postal Service (USPS) from delivering hemp vapor products directly to consumers as of April 26, 2021 (120 days after the passage of theNEW YORK CANNABIS
The Legalization of Cannabis in New York Will Have A Far Reaching Impact. On March 31, 2021, New York Governor Andrew Cuomo signed the Marijuana Regulation and Taxation Act into law. This immediately legalized adult-use and possession of up to three ounces of cannabis, or up to 24 grams of concentrates. The Act also adds cannabis to theClean
CORPORATE LAWYER
Corporate Lawyer – Mid-level Feuerstein Kulick LLP New York, NY. Feuerstein Kulick is a boutique law firm comprised of former Wall Street attorneys that left Big Law to create a full-service, entrepreneurial law firm that focuses on the emerging Cannabis market. Recently named by Business Insider as one of the top firms in thisbooming
USA: DELTA-8 LEGAL MAP PUBLISHED Although Delta-8 is federally legal, a few states explicitly ban its use, even if companies obtain the compound directly from natural hemp. These states include Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah. Delta-8 THC is still legally out of bounds for people in these states. FLORIDA: TOURISM AND MEDICAL MARIJUANA: FLORIDA’S LEGAL Before the COVID-19 pandemic, Florida tourism reached a record 128.5 million visitors in Fiscal Year 2019 — “the equivalent to 2.2 million additional people being added to Florida’s resident MALAWI READY TO PRODUCE CANNABIS FOR INDUSTRIAL AND Malawi is ready to start commercial production and processing of cannabis for medicinal and industrial use, the southern African country’s new Cannabis Regulatory Authority said on Tuesday. Reports Reuters who write Malawi’s parliament passed a bill in February that makes it legal to cultivate and process cannabis for medicines and TOBACCO AND MARIJUANA: WHAT ARE THEIR SIMILARITIES AND The Battlefield. Whenever people talk about tobacco and weed they are always mentioning how these things can affect our body, especially the heart and lungs. In comparison to marijuana, cigars appear to be more harmful. Namely, they can permanently destroy DNA, CBD & PET PRODUCTS: THE FDA REGULATIONS YOU NEED TO KNOW Pet care is on pace to be the next big opportunity in the CBD consumer-packaged-goods (CPG) market. Now you will be aware of the use of hemp oil for cats and other pets. In 2018, pet product sales totaled $9.4 million for adult-use cannabis retailers in California, Colorado, Nevada and Washington. CANNABIS LAW JOURNAL On March 31, 2021, Gov. Andrew Cuomo signed into law the New York Marihuana Regulation and Taxation Act (MRTA), making New York the latest state to join a growing list of states and territories to legalize recreational use of cannabis for adults 21 and older. Effective immediately, the new law expands employment protections forlawful off-duty
PACT ACT: UPS & FEDEX WILL SOON STOP SHIPPING HEMP & CBD Recent changes (covered here) to the Prevent All Cigarette Trafficking Act (the “PACT Act”) by the Consolidated Appropriations Act, 2021 (the “Appropriations Act”), a COVID-19 relief bill signed into law on December 27, 2020, will bar the US Postal Service (USPS) from delivering hemp vapor products directly to consumers as of April 26, 2021 (120 days after the passage of the THE BEST METHODS OF SMOKING CANNABIS FLOWER A pipe. A pipe is one of the best methods you can use to smoke cannabis flowers. This is because they are pretty easy to carry and use. Besides, a pipe is discreet, meaning you can carry it with you anywhere you want. Even better, you just require a pipe and a lighter to enjoy your cannabis flower. Most pipes are made from wood, glass,metal
WHY PEOPLE CHOOSE THC OIL: ITS BENEFITS AND EFFECTS This explains why THC affects thinking, pleasure, memory, concentration, sensory, time perception, movements, and coordination. Consequently, activities, like driving and operating machinery after consuming THC, can be dangerous. Nevertheless, THC has several health benefits despite the stigma it gets concerning the use of marijuana. CANNABIS SUSTAINABILITY: GACP AND GMP Obviouly, the sustainable-cannabis conversation is not new to 2019, but let’s start at the beginning, so to speak. SUSTAINABLE CANNABIS, GACP, GMP EXPLANATION. According to WinRich’s GACP and the Cannabis Industry: GACP (Good Agricultural and Collection Practices) is a set of guidelines covering areas of cultivation (from seeds and 3 NEW POSITIONS @ THE MASSACHUSETTS CANNABIS CONTROL Interested in public service, cannabis policy, and continuing to build a more inclusive industry in Massachusetts? There are multiple opportunities available now to work with the Cannabis Control Commission (Commission). Please share this information with your networks. We look forward to hearing from you! Career Opportunities Project Coordinator, CANNABIS EXECUTIVE JUSTIN COSTELLO-GRN FUNDS SUED FOR The Meckley’s lawsuit say they now believe the stock certificates they got are fake and definitely worthless. They have never received any financial payments or reimbursements from Costello or GRN Funds as promised and learned Costello’s resume reads like a con-man including the fact that he was never registered at Harvard BusinessSchool.
HOW LONG DOES MARIJUANA STAY IN YOUR URINE? Marijuana, also famous as cannabis or weed is detectable in the fluid of your body for almost 1 – 30 days. Just like other drugs, it can be noticeable in your hair for numerous months. Tetrahydrocannabinol is a vital chemical available in marijuana. People will feel high because this chemical TWO REASONS WHY THE UK SHOULD LEGALISE CANNABIS Also, for the first time since world war II, the UK debt is bigger than the country’s total output. Many spectators have proposed that legalising cannabis could give the UK’s economy a much-needed boost. The UK is a nation of potheads, and despite having a population of just 66 million, we get through over 5.2million ounces of cannabis ayear.
GUEST ARTICLE: THE LEGAL STATUS OF CBD OIL IN SPAIN The legal status of CBD oil in Spain. The use of cannabis for commercial purposes is illegal in Spain. It is considered a criminal offence. But cannabis can be cultivated and used personally. Any purpose other than the trade or sale of cannabis was decriminalised. This grey area led to the formation of cannabis clubs and userassociations.
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ROD DISCUSSES DELTA-8 THC WITH THE CBD ASSOCIATION (VIDEO) Rod Kight discusses delta-8 THC with The CBD Association.I recently discussed hemp-derived delta-8 THC with attorneys Matt Lewis and Morgan Davis of The CBD Association, a 501(c)6) nonprofit trade association that promotes strong and viable CBD and cannabinoid industries in the United States and internationally. A video of our conversation is below. Click here, here, here, and here to read more about delta-8 THC. May 24, 2021ATTORNEY ROD KIGHT REPRESENTS HEMP BUSINESSES THROUGHOUT THE WORLD.Rod Kight is an international hemp lawyer. He represents businesses throughout the hemp industry. Additionally, Rod speaks at hemp and cannabis conferences, drafts and presents legislation to foreign governments, is regularly quoted on hemp and cannabis matters in the media, and is the editor of the Kight on Cannabis legal blog, which discusses legal issues affecting the hemp and cannabis industry. You can contact himby clicking here.
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ROD KIGHT AND SHANE PENNINGTON DISCUSS DEA LAWSUIT (VIDEO) Rod Kight and Shane Pennington discuss the DEA lawsuit about hemp extracts.As many readers of this blog know, the Hemp Industries Association (HIA) and Re Botanicals, which also owns the Palmetto Harmony brand of hemp products, sued the Drug Enforcement Administration (DEA) regarding its position on hemp extract. Kight Law is part of the legal team, along with Vicente Sederberg, Hoban Law Group, and Yetter Coleman. You can read more about this case by clicking here, here, and here. The HIA recently hosted a video webinar to provide information about the case. I discussed the litigation with my colleague and friend, Shane Pennington, of the Vicente-Sederberg law firm. The hour-long webinar was moderated by HIA Executive Director Jody McGinniss. You can watch it below.May 17, 2021ATTORNEY ROD KIGHT REPRESENTS HEMP BUSINESSES THROUGHOUT THE WORLD.Rod Kight is an international hemp lawyer. He represents businesses throughout the hemp industry. Additionally, Rod speaks at hemp and cannabis conferences, drafts and presents legislation to foreign governments, is regularly quoted on hemp and cannabis matters in the media, and is the editor of the Kight on Cannabis legal blog, which discusses legal issues affecting the hemp and cannabis industry. You can contact him by clicking here.ROD KIGHT
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IS DELTA-8 THC “SYNTHETIC”? DOES IT MATTER? Is delta-8 THC synthetic? Does it matter?I. IntroductionDelta-8 tetrahydrocannabinol (delta-8 THC, or Δ8THC) surprised industry experts by jumping ahead of cannabigerol (CBG) and cannabinol (CBN) as the “next big cannabinoid” to follow cannabidiol (CBD). This surge in popularity appears to be driven by a number of factors, including Δ8THC’s medical utility as an antiemetic and pain reliever. Mostly, though, Δ8THC’s popularity is based on its reputation as a lawful hemp product that produces psychoactive effects, a “legal high”. Due to its reputation and high consumer demand, Δ8THC has become widely available. You can find delta-8 THC products, including vapes, tinctures, edibles, and flowers, in retail stores throughout most of the United States. You can also order delta-8 THC products online. Hardly a day goes by that I don’t see an article about Δ8THC featured in a major media outlet. I receive calls from clients and journalists about Δ8THC almost every day.There are hundreds, perhaps thousands, of companies involved in the Δ8THC segment of the hemp industry. Due to an oversupply in the market of hemp biomass, hemp extract, and CBD, we have seen a precipitous drop in both prices and profits for these commodities. In contrast, Δ8THC sales are exploding. For this reason, some contend that Δ8THC is singlehandedly saving the hemp industry from economic annihilation. Others, however, contend that Δ8THC is dangerous to the hemp industry’s reputation.For additional perspective, I recommend you read this article in conjunction with another article I wrote on the legal status of delta-8 THC, entitled “Is Delta-8 THC Legal or Not?”, which you can do by clicking here. Additionally, nothing in this article should be construed as legal advice. As I discuss at the end, “Disclaimer and Important Considerations”, this article articulates a legal theory and position which has yet to be addressed by any court. If you are considering producing or marketing delta-8 THC, you should first consult with an attorney.II. Is Δ8THC Lawful?Regardless of the various ways and reasons people use Δ8THC, or of its status as either “savior” or “bane” of the hemp industry, an important question is whether or not its reputation as a lawful hemp product is warranted. In other words, is delta-8 THC legal? I am asked this question on a daily basis.The crux of the issue is whether or not Δ8THC is a lawful hemp “derivative” under the Agricultural Improvement Act of 2018 (2018 Farm Bill), and thus exempt from the Controlled Substances Act (CSA). It is clear that Δ8THC extracted from a hemp plant is lawful, since the 2018 Farm Bill’s definition of “hemp” includes all cannabinoids with a delta-9 THC concentration that does not exceed 0.3% on a dry weight basis. Although Δ8THC is similar to delta-9 THC, it is a different molecule. It is not delta-9 THC.This, unfortunately, does not resolve our question since most Δ8THC currently available on the market was not extracted from a hemp plant. Rather, the available Δ8THC was derived from CBD extracted from hemp. This distinction raises two legal issues. First, is Δ8THC derived from CBD “synthetic”? Second, if Δ8THC derived from CBD is “synthetic”, is it an unlawful controlled substance under the CSA? As I will discuss, the answer to the first question is unresolved and depends on what definition is used for the term “synthetic”. Frustratingly, the term “synthetic” is undefined in the law. Fortunately, and as I will discuss, it does not matter whether delta-8 THC is synthetic or not under any definition. This is because the answer to the second question is clearly, “No”. Δ8THC derived from CBD extracted from hemp is not a controlled substance, regardless of whether or not the Δ8THC is deemed to be “synthetic”.III. Is Δ8THC derived from CBD “synthetic”?Δ8THC extracted from hemp is not a controlled substanceMuch of the controversy and spilled ink over the legal status of Δ8THC revolves around whether or not Δ8THC is a “synthetic” form of THC. Before discussing the “synthetic” issue, it is important to address the fact that Δ8THC extracted from a hemp plant is clearly lawful. I have read some erroneous legal arguments that contend all Δ8THC is unlawful because it is listed as a controlled substance under the CSA. These legal arguments miss the point entirely. The 2018 Farm Bill defines “Hemp” as:“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.” (emphasis added)Δ8THC is a cannabinoid. When a cannabinoid is extracted from hemp, it is lawful by definition since it contains no more than 0.3% delta-9 THC. In fact, Δ8THC does not contain any delta-9 THC. Although they are similar in their molecular structures, and both are THC analogs, Δ8THC and delta-9 THC are two separate and distinct cannabinoids. (Click here for an article I wrote on THC analogs.) The hemp plant produces more than one-hundred distinct cannabinoids aside from delta-9 THC, including Δ8THC, all of which have been removed from the CSA. Specifically, according to the CSA, “tetrahydrocannabinols” are controlled substances, “except for tetrahydrocannabinols in hemp (as defined under section 1639o of title 7)“. (Section 1639o of title 7 is the 2018 Farm Bill’s definition of “hemp”.)In other words, to say that Δ8THC is a federally controlled substance when extracted from hemp is simply wrong. Δ8THC is only a controlled substance under federal law when extracted from marijuana. (See, eg, the Source Rule, which applies equally to Δ8THC and to other non-delta 9 THC cannabinoids, such as CBD.) It would have been easy for Congress to limit the broad scope of its exemption by using the general term “tetrahydrocannabinol” instead of the more specific term “delta-9 THC” in the definition of “hemp”. It did not. Thus, we must assume Congress meant to exempt all forms of THC from hemp from the CSA, except for delta-9 THC in concentrations above 0.3%. As an aside, I have read the argument that Δ8THC is a controlled substance by virtue of the federal Analogue Act. This position does not have merit and is not worth discussing here, though I address and dispose of it in an article you can read by clicking here.2. There is no legal definition of “synthetic THC”The issue of whether Δ8THC is “synthetic” or not arises from the fact that most Δ8THC on the market was not extracted directly from hemp. Rather, it was derived from CBD extracted from hemp. Specifically, a chemical reaction transformed CBD to Δ8THC. This begs the question of whether Δ8THC derived in this fashion is “synthetic” or not. The reason this distinction matters is because of the misguided argument that if Δ8THC is “synthetic”, then it is an illegal controlled substance, since “synthetic THC” is listed as a schedule I controlled substance under the CSA. As I discuss in Part IV, below, this distinction does not matter and all hemp-derived delta-8 THC is exempt from the CSA. It is a useful exercise for our inquiry to determine initially, if we can, whether or not Δ8THC derived from CBD is properly classified as “synthetic” or not. If not, then we can end our inquiry because Δ8THC is clearly not an illegal controlled substance.It may surprise you to learn that the term “synthetic THC”, which is listed as a controlled substance in the CSA, has no agreed-upon definition. To start with, the term is not defined in any federal statute or court case. The best I could find was this description from a 2018 criminal case:“nlike THC, which is a partial agonist, synthetic cannabinoids are full agonists. This means, according to Dr. Trecki , synthetic cannabinoids produce a more intense reaction than THC.” United States v. Hage, 741 Fed. Appx. 194, 195, 2018 U.S. App. LEXIS 18752, *1, 2018 WL 3385467In the science community, the term “synthetic” is used regularly, though rarely defined. As my friend, Dr. Joseph Baker, explains:“The words synthetic (or it’s root word synthesis) do not mean ‘Man made’. Every molecule in existence is a product of synthesis. Sugar and oxygen are made synthetically from water, CO2, and sunlight in a process called photo-synthesis. Every protein in the human body is made or modified synthetically by enzymatic synthesis (often called biosynthesis). Sugar is converted to alcohol in the beer making process through yeast synthesis.”Using this definition, all cannabinoids (not to mention all other compound in our universe) are “synthetic” since they are the product of synthesis. As you might imagine, this is not what the DEA considers to be synthetic.The Drug Enforcement Agency (DEA) often uses the term “synthetic THC” (see, eg, here, here, here, and here), but its definitions vary. In a 2017 letter to the US Sentencing Commission, the DEA proposed to define “synthetic cannabinoids” as “a substance that acts as an agonist at the CB1 receptor.” While this definition may be helpful to the DEA and federal prosecutors in sentencing hearings due to years of confusion about whether or not the inclusion of THC in the CSA refers only to synthetic THC or to all forms of THC, it does not illuminate what is actually meant by “synthetic” since it captures most cannabinoids, including those naturally occurring in hemp.According to a 2014 DEA Rule, “ynthetic cannabinoids are a large family of compounds that are functionally (biologically) similar to delta9-tetrahydrocannabinol (THC), the main active ingredient in marijuana. Synthetic cannabinoids, however, are not organic but are chemicals created in a laboratory.” The DEA employs a similar, but not quite identical, definition in a 2011 Rule: “ynthetic cannabinoids are a large family of chemically unrelated structures functionally (biologically) similar to THC, the active principle of marijuana.” The DEA further asserts in the 2011 Rule that “synthetic” refers to “non-organic… chemicals created in a laboratory.”Finally, I should note that the Centers for Disease Control (CDC) addresses synthetic cannabinoids in articles you can read by clicking here and here, but neither article defines the term. Even a 2014 peer-reviewed clinical paper entitled, “Synthetic Cannabinoids” fails to define what is meant by the term “synthetic” cannabinoids, other than to state that they “are not derived from cannabis and, unlike THC, are full agonists at cannabinoid receptors with biologically active metabolites; they are, therefore, more potent than THC.”Given the above, what is meant by the term “synthetic THC”? Under a general scientific definition, all compounds are “synthetic”. However, this does not advance our understanding in the context of whether or not delta-8 THC is a controlled substance. Based on the various definitions and positions cited above, we can arrive at multiple conclusions about whether or not delta-8 THC is “synthetic”.On the “synthetic” side, we can point to the important fact that Δ8THC is produced in a laboratory from another compound, namely CBD. Is this sufficient for it to be classified as a “synthetic” form of THC?On the “not synthetic” side, we can argue that Δ8THC is chemically related to THC. It is, in fact, a form of THC. Under the DEA’s definition, a cannabinoid must be “chemically unrelated” to THC in order to be “synthetic”. Additionally, to meet the DEA’s definition of “synthetic”, Δ8THC must be a non-organic chemical created in a laboratory. Δ8THC from CBD is created in a laboratory, though it is also an organic chemical naturally expressed in the hemp plant. Moreover, and according to Dr. Baker, “No atoms are added or subtracted during the conversion from CBD to D8. This conversion is simply a rearrangement of electronic distribution.” Also, in response to the DEA’s star expert witness, Dr. Trecki, Δ8THC is not a full CB1 agonist nor does it produce as intense a reaction as delta-9 THC, both of which are required for Δ8THC to meet the definition of “synthetic THC”. Finally, addressing the CDC’s position, Δ8THC is derived from hemp. For these reasons, it appears that Δ8THC is not synthetic.Based on the above, the question of whether delta-8 THC is “synthetic” appears to be unresolved, though there are compelling reasons to assert that the answer is, “No”.IV. If Δ8THC derived from CBD is “synthetic”, is it an unlawful controlled substance under the CSA?Notwithstanding the above, if we assume for purposes of this article that Δ8THC is synthetic, is it rendered an illegal controlled substance under the CSA? The answer is, “No”.I’ll begin this section with a question I recently received from a reporter and my response to the question.Question: You assert that CBD-derived Delta-8 is still “hemp-derived” because under the Farm Bill all hemp derived products are considered “hemp.” But your critics contend that the word “derived” implies extraction or distillation rather than synthesis. What is your response to this? Response: Good question. The answer is that neither the 2018 Farm Bill, nor any other federal statute, defines what is meant by a hemp “derivative”. So, asserting that the word “derived” implies anything is a meaningless and unsubstantiated assertion. Absent a statutory definition, we must rely on the definition that is commonly used in the context in which the term appears. In this context, the term “derivative” arises in the 2018 Farm Bill’s definition of “hemp”. Specifically, the 2018 Farm Bill’s definition of “hemp” includes “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.” The 2018 Farm Bill uses the term “derivative” in a scientific context and so a scientific definition is most appropriate. The Chemicool Dictionary (the standard dictionary for scientific terms) defines “derivative” as:“a compound that can be imagined to arise or actually be synthesized from a parent compound by replacement of one atom with another atom or group of atoms.” It is clear that the term “derivative” is not limited to “extraction or distillation rather than synthesis” as you indicate that my critics assert. In fact, the definition actually includes the term “synthesis“. To my critics, I say that the 2018 Farm Bill term that is properly understood to be “extraction or distillation” is a hemp “extract”, not a “derivative”, which has its own, separate meaning. A hemp “derivative” is a compound that arises from a parent compound by the replacement of atoms. This is exactly what happens when hemp-derived CBD is isomerized (another 2018 Farm Bill term) and becomes delta-8 THC. It has nothing to do with “extraction or distillation”.he term “hemp” includes its cannabinoids, extracts, and derivatives, etc. In other words, CBD from hemp is hemp under the 2018 Farm Bill. And a hemp derivative is also “hemp”. For this reason, delta-8 THC derived from CBD is “hemp”. Properly speaking, it is a “hemp derivative”, which is lawful under the 2018 Farm Bill.The primary point I make in this exchange is that the term “derivative” is often conflated with the term “extract”. This is consequential because it goes to the heart of this issue. The “parent compound” at issue is CBD that was extracted from hemp. Under the 2018 Farm Bill, CBD is “hemp”, at least from a legal perspective. When Δ8THC “arises from” or is “synthesized” from CBD, then it is a “derivative” of it. In other words, Δ8THC from CBD is a “hemp derivative”, which is specifically provided for under the 2018 Farm Bill. It is “hemp” and, as such, it is exempt from the CSA.This brings up my final point, which is that when two federal laws appear to be in conflict on an issue and one of the laws is both older and more general than the other, the more recent and specific law will control. In legal lingo, this maxim is called “Lex specialis”, which means that “the more specific controls over the general.” (See, eg. United Ref. Co. Incentive Sav. Plan v. Morrison, 2013 U.S. Dist. LEXIS 166186, *11, 2013 WL 6147672) Wikipedia does a good job of explaining Lex specialis as:“a doctrine relating to the interpretation of laws and can apply in both domestic and international law contexts. The doctrine states that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis). The situation ordinarily arises with regard to the construction of earlier-enacted specific legislation when more general legislation is later passed.”In this case, the older and more general law is the CSA, which generically includes “synthetic THC” on the list of controlled substances. The more recent and specific law is the 2018 Farm Bill, which expressly removes “hemp” from the CSA. Under the 2018 Farm Bill, “hemp” includes its derivatives, among which is Δ8THC.V. ConclusionIt is clear that delta-8 THC extracted from hemp is not a controlled substance. When derived from CBD it is unclear whether it is “synthetic” or not, though the better argument is that it is not. Even if we assume for argument’s sake that it is “synthetic”, Δ8THC is still not a controlled substance since it is a “derivative” of hemp, which is specifically included within the 2018 Farm Bill’s definition of hemp.To that last point, Congress had an opportunity to define “hemp” any way it wished when it enacted the 2018 Farm Bill. It did so by distinguishing hemp from marijuana by virtue of its concentrations of delta-9 THC, rather than by the concentrations of all forms of THC. Additionally, it chose to include “cannabinoids”, “extracts”, “isomers” and “derivatives” of hemp within the definition of “hemp”. In other words, these things are hemp. As such, they are lawful.Finally, I have seen the opinion expressed that “hemp” is not psychoactive and thus delta-8 THC is not hemp. In response, I suggest those who hold this opinion re-read the 2018 Farm Bill’s definition of hemp, which makes no reference whatsoever to psychoactivity or intoxication. The legal definition may not fit what these individuals think hemp should be; however, what matters from a legal standpoint is what the law says hemp is. In some ways, this pushback reminds me of my earliest days exploring legal issues surrounding CBD. I recall receiving a number of calls from hemp industry professionals concerned with the emergence of CBD products, including CBD gummies. They strongly contended this use was “not intended” by Congress. In retrospect, those objections seem simple and misguided. CBD products are now ubiquitous and CBD consumer products are almost synonymous with hemp. I think (and hope) we will look back on the so-called “delta-8 THC controversy” with the same perspective.DISCLAIMER AND IMPORTANT CONSIDERATIONSIt is important to note that while Δ8THC has been known and studied in a scientific context for several decades, it is new to the consumer market. I am unaware of any court cases that have considered the legal status of Δ8THC. As of this date, the legal arguments and positions presented in this article have not been tested in any court of law, and it is not known whether a court would adopt them. Neither I, nor any other lawyer, can guarantee that the legal theory about Δ8THC presented in this article and other articles, or any other legal position regarding Δ8THC, would be accepted by a court, nor can I, or any other lawyer, guarantee any specific outcome regarding a legal matter involving Δ8THC.For this reason, substantial uncertainty and risk currently exists, including the risk of criminal prosecution associated with manufacturing, possessing, selling, and/or using delta-8 THC. I sincerely hope this will change. In fact, one of my motivations in publishing this article is to educate people, including lawyers, regulators, and law enforcement agents, about hemp derived delta-8 THC. In the meantime, deciding whether to produce, market, or even possess Δ8THC should only be done after careful consideration and consultation with an attorney. At a minimum, such a consultation should address the arguments presented in this article and other relevant legal positions, should include a thorough risk-assessment that takes into account any pertinent state laws, and should discuss how delta-8 THC should be marketed and sold given its intoxicating effects. Finally, this article only addresses the legal status of hemp derived delta-8 THC under the federal CSA. It does not take into consideration the Food, Drug & Cosmetic Act, other federal laws and regulations, nor does it address any state laws or regulations, all of which should be considered.The lawyers at Kight Law are well-versed in the legal and practical issues raised by producing and marketing delta-8 THC. You can contact us to schedule a consultation by clicking here.Special thanks to Joseph Baker, PhD, for his invaluable assistance in helping me sort through the scientific issues presented in this article. Dr. Baker received his PhD in chemistry from Duke University. He completed a two-year fellowship in pharmacology and cancer biology; spent a decade in the pharmaceutical industry making injectables, topicals, otics, opthalmics, pills, etc.; was the director of a clinical and forensic toxicology lab for three years; and is currently the scientific director for Ratoon Agroprocessing, LLC, a North Carolina registered industrial hemp processor.Thanks also to my wife, Ashley, for her outstanding editing skills and superhuman patience.May 6, 2021ATTORNEY ROD KIGHT REPRESENTS HEMP BUSINESSES THROUGHOUT THE WORLD.Rod Kight is an international hemp lawyer. He represents businesses throughout the hemp industry. Additionally, Rod speaks at hemp and cannabis conferences, drafts and presents legislation to foreign governments, is regularly quoted on hemp and cannabis matters in the media, and is the editor of the Kight on Cannabis legal blog, which discusses legal issues affecting the hemp and cannabis industry. You can contact him by clicking here.ROD KIGHT
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WILL THE USPS CONTINUE TO DELIVER VAPES? Will the USPS continue to deliver vapes through the mail?Will the US Postal Service (USPS) continue to deliver vapes? That is the issue addressed in a document published by the USPS on April 19, 2021, titled: “Treatment of E-Cigarettes in the Mail.” You can read it by clicking here. In its summary section, the document states:“A forthcoming final rule will determine whether electronic nicotine delivery systems (ENDS) may continue to be mailed pursuant to certain statutory exceptions that are currently administered through an application process.”The mailability of ENDS is something we have previously covered recently here and here, but for those that are new to the blog or uninitiated, a bit of context may be useful. The Appropriations Act was signed into law on December 27, 2020. It addresses vaping in two sections. The first section amends an existing law regarding online sales of e-cigarettes to children in several important ways. The second section placed significant restrictions on mailing vape products.On February 19, 2021, the USPS published a notice of rulemaking to amend Publication 52, Hazardous, Restricted, and Perishable Mail. A copy of Publication 52 can be found by clicking here. The proposed edits would implement the Preventing Online Sales of E-Cigarettes to Children Act (Act), which adds ENDS to the definition of “cigarettes”, making them subject to the regulations of the Jenkins Act. If the proposed edits are upheld, ENDS will also become subject to the mailability restrictions and exceptions in 18 U.S.C. 1716E (PACT Act), which rely on the Jenkins Act definition of “cigarettes.”However, as the quoted statement above reads, a final rule is forthcoming regarding the mailability of ENDS, it has not been issued yet. And, as the USPS’ recent document states:“Until the final rule is issued, ENDS are not subject to the PACT Act, although they may be nonmailable for other reasons. See, e.g., 18 U.S.C. 1716(a), (h) (poisonous, explosive, and other dangerous materials, and advertising, promotional, or sales matter relating to the same); 21 U.S.C. 843(b)-(c), 863 (controlled substances, drug paraphernalia, and advertisements relating to the same); 39 U.S.C. 3018 (hazardous materials). Regardless of the legal status of any products under state or local laws, violations of these Federal mailability laws can result in civil and/or criminal penalties.” (Emphasis added).Since its publication earlier this week, I have received numerous calls from existing and potential clients regarding the impact of the USPS’ recent publication on their businesses. One of the first questions I am asked is whether this publication obviates the requirements set forth in the PACT Act regarding the shipment of vaporizers and vaporizer products. The answer to this question is no, this does not eliminate the various requirements set forth in the PACT Act that relate to federal and state registration, age verification, taxation, et al. This publication simply addresses the issue of the mailability of ENDS and the other requirements of the PACT Act still apply to any company or person shipping vaporizers or vaporizer products directly to consumers.The second question I am asked is whether the language referenced in the USPS’ recent publication was a “win” for the hemp and CBD industry. The answer to that question is unknown. The USPS’ recent publication mentions the fact that it has received “numerous inquiries and comments about the possibility of submitting exception applications for ENDS products in advance of the final rule.” The USPS stated, however, that it is not accepting applications for exceptions at this time, but it provided some information regarding the exception application process and it also provided some guidance to mailers interested in availing themselves of any exceptions that may ultimately be made available. The reason for not accepting exception applications is clear, due to the fact the final rule has not been published the USPS has not yet determined whether and to what extent those exceptions will be extended to ENDS.As a side note, we believe that there will likely be some form of an exception for ENDS that contain hemp and/or CBD, provided they do not contain nicotine or tobacco. That, however, is simply an opinion of this firm, and whether there will ultimately be an exception for these products under the PACT Act remains to be seen.What is encouraging, however, is the fact that in its recent publication, the USPS specifically dealt with the mailability of CBD products. In its section titled “Mailability Beyond the PACT Act” the USPS made it clear that ENDS implicate mailability statutes and regulations beyond the PACT Act. As a result, the USPS urged all persons currently or prospectively engaged in the mailing of ENDS- including, in particular those who intend to continue mailing ENDS under any potentially available PACT Act exceptions to review Publication 52 carefully. It then went on to highlight specific issues, the first of which was CBD products.The USPS’ recent publication provided the following related to CBD products:“For hemp-based products containing CBD with a THC concentration not exceeding 0.3 percent, mailers must retain, and prepare to make available upon request, records establishing compliance with all applicable federal, state, and local laws pertaining to hemp production, processing, distribution, and sales, including the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018. Such records may include laboratory test results, licenses, and compliance reports. See Publication 52 section 453.37.”With that in mind, it is important to note that any company or person shipping hemp/CBD vaporizers and vaporizer products can still do so via the USPS, provided it complies with the other terms and conditions of the PACT Act. In addition, and as a matter of best practice, any entity or person shipping hemp/CBD vaporizers and/or vaporizer products should comply with the requirements set forth in Publication 52 section 453.37 as they relate to record keeping establishing compliance.Kight Law will continue to update the readers of this blog regarding the ever-evolving regulations governing the cannabis industry, including an update regarding the eventual publication of the USPS final rule regarding the mailability of ENDS. In the meantime, for information on how you or your company can comply with the terms of the PACT Act, reach out to one of our attorneys who can assist you in your compliance efforts. Additionally, Kight Law has recently put together a PACT Act Resource Guide which provides practical advice and useful resources for complying with the terms of the PACT Act. For more information about how Kight Law can help you or your business, contact us today.April 26, 2021KIGHT LAW ATTORNEY PHILIP SNOW IS WELL VERSED IN THE LEGAL ISSUES SURROUNDING HEMP VAPE PRODUCTS, INCLUDING HEMP EXTRACT, CBD, AND DELTA-8 THC. This article was written by Kight Law attorney Philip Snow. Kight Law represents hemp and CBD businesses in the US and throughout the world. To schedule a consultation with Philip, please click here and mentionthis article.
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PSYINDEX WEEKLY UPDATE MAY 17, 2021 – MAY 24, 2021 The PsyIndex rebounded more than 6% last week. PharmaTher Holdings Inc. (CSE: PHRM) doubled in... PSYCHEDELICS GENERALLatest
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THE YEAR OF INDUSTRY CONSOLIDATION Across the cannabis industry, we are seeing a trend toward consolidation. The New Year kicked off...Peter Homberg
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NEW DEVELOPMENTS IN THE GERMAN MEDICAL CANNABIS AND CANNABIDIOL (CBD) MARKET 2021 – AN OVERVIEW The market for cannabis and CBD products in Germany will initially start in 2021 relatively...Other Posts
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MASSACHUSETTS CANNABIS CONTROL COMMISSION LAUNCHES NEW DELIVERYLICENSE
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NEW MEXICO CONTINUES TO MOVE AT A RAPID PACE AS NEW PROPOSED RULES DEMONSTRATE IMPRTANCE OF LOCAL ZONING LAWS by David Standa | Jun 3, 2021 | Legalization, Legislation, Licensing, Recreational Marijuana | New...Other Posts
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BIPARTISAN GROUP OF SENATORS INTRODUCES BILL TO REGULATE HEMP AND HEMP-DERIVED CBD IN FOOD US Senators Ron Wyden (D-Ore.), Rand Paul (R-Ky.), and Jeff Merkley (D-Ore.) introduced... MORE ARTICLES BY LAW FIRMS & PROFESSIONALS → MEDICAL CANNABIS NEWS MEDICAL CANNABIS NEWSLatest
WISCONSIN REPUBLICANS BLOCK MEDICAL MARIJUANA Republicans who control the Legislature’s powerful budget-writing committee again blocked a... MEDICAL CANNABIS NEWSLatest
SOUTH DAKOTA: SIOUX FALLS CITY COUNCIL APPOINTS MEMBERS TO MEDICAL MARIJUANA TASK FORCE The Sioux Falls City Council has appointed two people to a joint task force aimed at creating... MEDICAL CANNABIS NEWSLatest
WITH $20M TO SPEND ON MARIJUANA RESEARCH FOR VETERAN CARE, MICHIGANSEEKS PROPOSALS
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HEALTHCARE PROVIDER-FOCUSED MEDICAL CANNABIS RESEARCH STUDY LAUNCHED BY CANNABIS CENTER OF EXCELLENCE, MEDICINAL GENOMICS, AND UMASSDARTMOUTH
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CFG BANK ENTERS FAST-GROWING MEDICAL CANNABIS MARKET The Baltimore Business Jnl reports “Because of the federal rules, most banks won’t... READ MORE MEDICAL CANNABIS NEWS → CANNABIS LAW REPORT - MEDIA PARTNERSGREEN MARKET REPORT
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PSYCHEDELLUX JUNE 4, 2021 Novamind Inc. (CSE:NM)(OTC PINK:NVMDF) reported its fiscal third-quarter results for the three months ending in March. NovaMinda reported total revenue of $1.8 million, a 43% quarter-over-quarter, driven by increased patient volume at the Company’s four operating clinics. It has a debt-free balance sheet with $7.6 million in cash and a total working capital of $9.9 The post Psychedellux June 4, 2021 appeared first on Green Market Report.CFN MEDIA GROUP
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BC’S FIRST CRAFT CANNABIS HUB OPEN TO ALL INVESTORS British Columbia may be well-known for its legendary cannabis strains and connoisseur-level products, but licensed small-batch producers -known as ‘micro-cultivators’, have struggled to reach the same scale as licensed producers... CANNABIS FINANCE NEWSLatest
AIKIDO PHARMA ANNOUNCES POSITIVE PHASE 1 DATA PRESENTED AT ASCO ON225AC-J591
– Drug Demonstrates Efficacy and Safety in Advanced Prostate Cancer Patients – Phase 2 Trial Underway NEW YORK, June 4, 2021 /PRNewswire/ — AIkido Pharma Inc. (Nasdaq: AIKI) (“AIkido” or the...NACB
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ROASTAR CREATES CANNABIS BAGS THAT ELEVATE PRODUCTS ABOVE THE CROWD The cannabis industry continues to thrive and grow, which is an excellent situation for cannabis...Green Entrepreneur
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MAKING A MARIJUANA STOCK WATCHLIST IN JUNE? 3 TO WATCH NEXT WEEK These Could Be The Top Marijuana Stocks In Q2 Of 2021GREEN ENTREPRENEUR
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HEMP TEA: A SIP TO FEEL BETTER With a smooth taste, hemp tea will improve your day-to-day condition. Here we’ll tell you what it is, its benefits, and how it is made. The post Hemp Tea: A Sip to Feel Better appeared first on USA CBDExpo.
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WHAT YOU NEED TO KNOW ABOUT USING CBD FOR SEX Using CBD for sex could be the new rage. From lubrication to ED, cannabidiol is proving to be a powerful tool for intimacy in the bedroom. The post What You Need to Know About Using CBD for Sex appeared first on USA CBD Expo. READ MORE MEDIA PARTNERS → ------------------------- -------------------------POT LUCK
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INFLUENCE OF CANNABIS Cannabis and its derivatives can be treated differently. But people who are convinced that...POT LUCK
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CBD EDIBLES: THE MUST-TRY DELICIOUS TREATS FOR 2021!! If you follow the world of health and fitness, you must surely have come across the term CBD. This...POT LUCK
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PLANET 13 POSITIONED TO BUILD CONSUMPTION LOUNGE WITH PASSAGE OF LANDMARK BILL 341 IN NEVADA The company said it has reserved “an expansive dedicated space” within its flagship, uber luxury...POT LUCK
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WHY DELTA8 THC IS TAKING THE WORLD BY A STORM IN 2021 Have you heard of Delta8 THC? It is a THC derivative and is getting quite popular owing to its...POT LUCK
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CANNABIS-FRIENDLY VACATION OPTIONS: SELECT ONLY THE BEST WITH HIBNB The Candian Government has finally legalized Cannabis in the country and the green-minded...POT LUCK
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THC PRODUCTS AND CBD IN CANADA Everywhere online, everybody is talking about THC and CBD products. These have been trending for a...POT LUCK
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CANNABIS INFORMATION FOR STUDENTS Campus life is complicated. That feeling of being all grown up with absolutely no supervision can...POT LUCK
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FULL SPECTRUM CBD VERSUS BROAD SPECTRUM CBD It’s a fact: CBD is increasingly becoming a central component in people’s lives. Renowned...POT LUCK
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HOW MEDICAL MARIJUANA IMPACTS PEOPLE’S HEALTH AND HAPPINESS Over the years, there has been an upward trend in the acceptance of marijuana for medical...POT LUCK
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CAN A REHAB CENTER CHANGE YOUR LIFE IN 2021? Life, with all of its wonders, can take us down the path where we’ll face great challenges if... READ MORE POT LUCK → TALES FROM THE BONG / BUST OF THE DAY Bored of Reading Cannabis Industry News? Take A Lighter Turn At Wake &Bake Daily.
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SANTA FE- CHARGES CHUCKED OUT IN CANNABIS EXPLOSION CASE SANTA FE – The owner of a cannabis manufacturing plant and dispensary accused of causing an...WAKE AND BAKE NEWS
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CALIFORNIA TODDLER DIED IN HOT CAR WHILE MOTHER ALLEGEDLY GREW POTPLANTS
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TRUMP JACKED-UP CANNABIS PROPERTY SEIZURES DURING COVID Leaf Online At the height of the Covid-19 pandemic, federal DEA agents and their partners upped...BUST OF THE DAY
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ISRAEL: IDF FOILS GUN, HASHISH SMUGGLING OPERATION; HEZBOLLAH INVOLVEMENT SUSPECTED 2 Arab Israeli men arrested in possession of 15 pistols, dozens of ammunition magazines, 36 kilos...BUST OF THE DAY
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$6M IN MARIJUANA SEIZED FROM TRUCKS AT US-CANADA BORDER Manifests claimed paper was the cargo, CPB says Over $6 million worth of marijuana was seized from... READ MORE WAKE & BAKE DAILY → Designed by Elegant Themes | Powered byWordPress
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