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How This Effects Delta-8 THC Market

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Now that there are different kinds of THC that are known about, like delta-8 and delta-10 THCs, governments have been changing words in their laws to find ways to regulate all of it. Some US states have explicitly banned delta-8 as a synthetic, while others, like Louisiana, count it as a part of total THC. Louisiana, by regulating it this way, makes a delta-8 THC market very hard.

Louisiana adopted a recent cannabis update, which causes issues for the delta-8 THC industry, but is otherwise a good thing that should keep more people out of jail. Delta-8, of course, is a great alternative to delta-9, providing users with a slightly less intense high, without the anxiety, paranoia, or couch locking associated with delta-9. This makes it preferable for many people. We want to get you your product of choice ASAP, so take a look at our awesome delta-8 THC deals, and see why so many cannabis aficionados are going the d8 route.

Louisiana and HBs 652 and 640

What Louisiana did is technically a good thing, even if it doesn’t work out for the entire cannabis industry, and I think it’s important to understand this first. On June 14th, 2021, Louisiana Governor John Bel Edwards signed HB 652 into law. This law decriminalizes up to 14 grams of cannabis, making a punishment of $100, with no threat of jail time. This goes for the first, and all subsequent, infractions. Those unable to pay this amount can be offered an alternative like paying in installments, or community service. This decriminalization goes into effect on August 1st, 2021, however, being caught with more than this amount will still incur much harsher criminal penalties.

To give an idea of how much this should improve things in Louisiana, consider that the current criminal punishment for having less than 14 grams of cannabis, is up to 15 days in prison. Even with only convictions for simple possession charges, four of these can garner an individual eight years in prison. This, by the way, will remain the punishment for those charged a fourth time with having over 14 grams, after the new law goes into effect. This law should greatly help reduce convictions for minor cannabis crimes though.

The other cannabis related bill to get signed off on recently, was HB 640, also set to go into effect on August 1st, 2021. HB 640 is a hemp law, and has to do with lessening restrictions, in light of the fact that hemp is a big industry in the state of Louisiana. The new law does a few things, like:

Louisiana laws
  • Updates current laws to allow licenses for storage, possession, trimming and curing of industrial hemp. Technically, a license for this was already necessary, but the updated ‘handler license’ is easier to get and more expansive in what it allows.
  • Updates language by taking out “industrial hemp-derived CBD product” and replaces it with “consumable hemp product”. What this provision also does, is prohibit the sale of hemp products for consumption that contain any cannabinoid not found in nature. We’ll get to how this effects delta-8 THC soon.
  • Institutes permit requirements for production and sale of consumable hemp products, which costs up to $50. This provision also attaches civil penalties to those caught selling these products without the correct permits.
  • Stipulates that all consumable hemp products must contain no more than .3% delta-9 THC (in line with Federal regulation), or, to not have above a 1% ‘total THC’ level. We’ll get to what this means for delta-8 soon.
  • Provides the penalty for unlicensed processing of consumable hemp products, which is quite intense. Up to 20 years in prison, and a fine up to $50,000.
  • Puts a requirement on CBD products to have an excise tax.
  • Promotes research and development of cannabis, specifically citing the University of Louisiana Monroe Agribusiness Program, giving it the ability to cultivate and process industrial hemp in connection to research purposes, which also comes with an exemption for licensing requirements.

How does HB 640 effect delta-8 THC?

This is where things get a bit more specific, and these specificities directly effect the delta-8 industry. Louisiana HB 640 has two provisions that will likely have a negative effect on the delta-8 THC market.

1 – The first is the prohibition of consumable hemp products that contain non-naturally occurring cannabinoids. While delta-8 THC is naturally occurring as a result of oxidation of delta-9 THC, this happens in tiny amounts only, requiring a need for human processing help in order to produce large enough amounts to use in products. This plays into the debate already going on federally with delta-8, since it is both naturally occurring, yet must be synthesized for use in products. It is unclear how this provision effects delta-8, since it depends on the definition of delta-8 when it undergoes human synthetization help.

2 – The more damning provision actually does make a fair amount of sense, and regardless of its effect on delta-8 THC, it has a profoundly worse impact on non-decarboxylated products that have a high amount of the precursor cannabinoid acid THCA. This provision is about the definition of ‘total THC’, meaning the total amount of all the different THCs together.

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  • The idea of ‘total THC’ means that all tetrahydrocannabinols are considered, and this extends to all delta THCs (delta-8, delta-9, delta-10), as well as precursor acid THCA. THCA, however, does not produce a psychoactive high, and is therefore being added to a category of ‘high-inducing’ compounds, when it explicitly does not cause a high. This will rule out products like raw hemp juice if the THCA level reaches above 1%, and that means criminalizing a part of the plant which is only used medicinally.
  • This idea of ‘total THC’ does two things to delta-8 THC. First it explicitly does NOT ban it, it simply treats it the same way as it treats delta-9, and this – like it or not for producers and vendors – is fair. What it also does, is close any ability for a delta-8 THC market outside of the laws that govern delta-9 THC. So, if it can’t be done with delta-9, it also can’t be done with delta-8. On the other hand, if it can be done with delta-9, then it also can be done with delta-8. While some states like Colorado have explicitly banned delta-8 (using the definition of synthetic to do so), Louisiana’s provision actually keeps it at the same level of legality/illegality as delta-9.
  • The takeaway here is that, under the new Louisiana update, no delta-8 THC market can legally exist, except for where delta-9 already has legality (like the definition of ‘hemp’). However, the new law also keeps it from being completely criminalized apart from delta-9, since it regulates them together. The one thing to keep in mind is that, should it be considered a synthetic, the ‘total THC’ aspect no longer applies, and its just illegal. Since it’s specifically being regulated with delta-9, it doesn’t seem like that’s the thinking, but this could change. The bigger issue with what Louisiana did, is not about delta-8 THC, but the fact that it works to rule out THCA products, which are not meant for getting high.

What is delta-8 and does this matter?

Delta-8 THC is a half-brother of delta-9, sharing the same chemical formula of: C₂₁H₃₀O₂, but with a slightly different configuration of atoms. Delta-8 is therefore an isomer and an analogue of delta-9. Though the two are nearly structurally identical, and offer nearly identical medical benefits, there are some key differences between the compounds which set them apart.

There are a few things that can make delta-8 a preferable option to delta-9. The first is that it has been known to produce less psychoactive high in testing, approximately 2/3 the high of delta-9. The high it does create is associated with leaving the user in a more clear-headed mode with a higher energy level, and less couch locking effect. And it isn’t known to produce the same anxiety and paranoia often associated with delta-9 THC.

These three factors: less high, more clear-headed and energetic high, and less anxiety and paranoia, create a different experience from delta-9 for many users. Especially for medical patients who would prefer to feel less psychoactive effects, delta-8 becomes the much better choice. This is also true for recreational smokers who have a hard time with delta-9 related anxiety.

Louisiana hemp laws

We wouldn’t be talking about delta-8 if not for the most recent Farm Bill (2018), which legalized the production and cultivation of industrial hemp, creating what looked like a loophole to sell legal THC. Though this loophole is certainly debatable, it doesn’t seem like it ever really existed, being used more as a marketing scheme to get products out there. Delta-8 has been on the DEA’s Controlled Substances list for quite some time, it acts as an analogue to delta-9, making it illegal under the Federal Analogue Act, and its an isomer of delta-9, which technically makes it regulated the same way in terms of the definition of hemp.

Delta-8 has not shown to be dangerous, much like delta-9, but since it can require harsh chemicals in the synthetization process, this idea has been used as a way to ban it, with states insisting that if safety can’t be controlled, that the compound can’t be sold. This can be seen in Colorado‘s reasoning for disallowing delta-8. Of course, all kinds of concentrates exist that require the use of harsh chemicals, so the logic is very much flawed. And its flawed again in that this would only require regulating what chemicals can be used, making a full ban completely unnecessary. Even so, for whatever reason, that’s what’s happening.

My guess is that it comes down to two factors. The first being that this is a great medical – and therefore pharmaceutical – product, and this hesitation to allow it, leaves the door open for it to be big in the pharmaceutical market. The other thing to consider though, is that the US government (and local governments) probably understand how little ability they have to actually regulate where and how it gets made (since it can be made in a house, like meth or crack), meaning they can’t ever really control the industry, with their best bet being what they’re doing now, attempting to stop the above-board market.

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Recent attempts to enforce some kind of ban/regulation, have helped government entities to keep a competing product off the market (since government bodies can’t earn money from unregulated industries). It also shows a glaring understanding that they really can’t do anything about it. Hence the fact that debates about it exist, and laws are updated, while almost no one is actually getting arrested for producing, selling, or using these products (with a few minor exceptions).

Conclusion

It’s hard to say that what Louisiana did was bad, even if it effects the delta-8 THC market. In fact, it’s a move of progress all the way. A deep south state that just decriminalized marijuana, and widened the door for industrial hemp production. While it doesn’t do anything to help delta-8 THC, this is – I believe – secondary to the fact that these new provisions will hep decrease prison sentences, and allow recreational use, even if only in a decriminalized fashion. All in all, good job Louisiana. Just maybe rethink that ‘total THC’ thing.

Welcome to CBDtesters.co, the #1 internet location for the most up-to-date cannabis-related news worldwide. Check us out daily to stay abreast of the quickly changing world of legal marijuana, and sign up to receive our newsletter, so you always know what’s happening.

DisclaimerHi, I’m a researcher and writer. I’m not a doctor, lawyer, or businessperson. All information in my articles is sourced and referenced, and all opinions stated are mine. I am not giving anyone advise, and though I am more than happy to discuss topics, should someone have a further question or concern, they should seek guidance from a relevant professional.





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Double Standards – Will Biden Keep His Cannabis Reform Promises?

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Regardless of what side of the political fence you’re on, there is one thing everyone can agree on: Republicans are more conservative, and Democrats are more liberal – especially when it comes to progressive drug policies. And while this statement rings true almost 100% of the time, the exact opposite applies to our current president, Joe Biden.  

While Biden has made many cannabis-related promises along the campaign trail and during his time in office, and he has supported a handful of modest reform proposals, the White House has made it very clear that his overall position on adult-use legalization has not changed over the years: he is NOT in favor. And this is despite overwhelming support for progressive policy change among voters in his party. 

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Biden’s daughter-in-law shops for weed with secret service detail  

In the most recent Biden-cannabis drama, it was reported last month by the Daily Mail that Melissa Cohen, wife of Hunter Biden and the president’s daughter-in-law, was seen leaving a Malibu-based dispensary called 99 High Tide, and she was carrying a “small unidentified purchase”. Additionally, it was noted that following Cohen was a plain-clothed secret service agent.  

Although cannabis is recreationally legal in California and many other states, it’s still federally prohibited… and that’s not exactly where the issue lies anyway. The real problem here, is the idea of using a federally funded secret service to protect one of Biden’s relatives during a pot transaction, while tens of thousands of people remain behind bars for past nonviolent possession charges.  

In giving the benefit of the doubt, it’s plausible that Cohen was in the store buying one of their few high-CBD products – which are federally legal. However, while searching through their online menu, I found only one product that fit the bill; the rest of their “CBD products” contained various ratios of THC and CBD, all of which resulted in more than 0.3% THC, and thus, more than the federally legal limit. So, while there is a slight possibility that Cohen was buying CBD products at a recreational cannabis dispensary, it’s highly unlikely.  

biden cannabis

It’s also worth noting that the Daily Mail’s claim of Cohen having a secret service agent in tow could not be independently verified, as the White House would not respond to questions from the various news sources who have reached out for comments.  

White house staffers fired for admitting to past cannabis use  

Last spring it was reported through various news outlets that “dozens of young White House staffers, freshly hired were abruptly told to quit, were suspended from their jobs, or otherwise punished “due to past marijuana use.” This happened after the staffers personally admitted to having used cannabis in the past on security clearance application forms. It’s worth noting that cannabis has been legal for adults 21 and older in Washington D.C. since 2015.   

The firings and suspensions fly in the face of the more progressive appearance that the White House is trying to present, and their new policies. In February (one month before this incident), the White House Office of Personnel Management stated that past cannabis use was no longer an automatic employment disqualifier, and that federal agencies “should exercise special care before making a determination of unsuitability” in such circumstances.  

Whether the staffers’ cannabis use was recreational or medical, legal or illegal, was never made clear. Of the few staffers who commented, under anonymity, the general consensus was that it would not have mattered either way. “The policies were never explained, the threshold for what was excusable and what was inexcusable was never explained,” mentioned one former employee.  

The reason why cannabis is considered a “national security risk” or a disqualifier for federal employment, also remains unclear. Both the FBI (Federal Bureau of Investigation) and NSA (National Security Agency) have recently updated their policies on past cannabis use, claiming that it was difficult to find hackers and cybersecurity experts with clean drug records.  

Biden’s sketchy history with drug reform  

He’s made improvements over the years, but as his documented history shows us, there were very few D.C. lawmakers who were tougher on drugs in the 1980s and 1990s than Senator Joe Biden from Delaware. During the entirety of those 2 decades, Biden was a prominent figure in the War on Drugs and was responsible for unjustly imprisoning tens of thousands of Americans – many of which were minority or low-income individuals – on trumped up drug charges, including thousands for cannabis.  

biden cannabis

Specifically, Biden introduced numerous bills with that would implement harsh penalties for those convicted of producing and distributing federally prohibited, or schedule 1, narcotics. These bills called for increased severity in dealing with first offenders, as well as longer prison sentences for all. One specific piece of legislature that comes to mind is the 1994 Violent Crime Control and Law Enforcement Act, which sounds good but unfortunately played a key role in mass incarcerations for drug offenses, even many who were not involved in violent crimes. 

Biden’s stance never really changed, with him quoted making anti-cannabis comments as recently as 2010. “There’s a difference between sending someone to jail for a few ounces [of marijuana] and legalizing it,” Biden stated in an ABC News Interview. “The punishment should fit the crime. But I think legalization is a mistake. I still believe [marijuana] is a gateway drug.” 

However, Biden claims that his views on marijuana have improved lately – but he can say whatever he wants, his actions, however, raise questions. Knowing that Americans want cannabis legalized and available to them, Biden completely changed his tune come January 2019. “There’s a difference between sending someone to jail for a few ounces [of marijuana] and legalizing it. The punishment should fit the crime. But I think legalization is a mistake. I still believe [marijuana] is a gateway drug,” Biden claimed. 

A few months later, while speaking with New Hampshire voters in May 2019, Biden commented that, “Nobody should be in jail for smoking marijuana.” He laid out a ‘plan’ for decriminalizing marijuana, if elected, and automatically expunging existing criminal records for possession by reclassifying cannabis to a Schedule II substance (it is currently a Schedule I, reserved for drugs with the highest potential for abuse and addiction). 

And in his last 2 years as president, he has acted on exactly zero of his cannabis-related promises. Cannabis is still not federally legal, or even decriminalized, people are still getting in trouble for it in prohibition states, and many are still serving prison time for old cannabis charges in states that have recently legalized. So again, his actions show much less support than he likes to claim. 

In one of his latest moves, he suggested forced rehabilitation for anyone caught with drugs. According to President Biden, “nobody convicted of a drug crime should go to prison, they should go to mandatory rehabilitation,” he emphasized at a campaign event in Kenosha, Wisconsin late last year. “Instead of building more prisons… we [should] build rehabilitation centers.” And while I completely agree with the first half of the statement, the idea of putting a cannabis user in rehab, just sounds completely asinine. Although it seems that he’s trying (a little bit), at best, he’s just very out of touch with what modern day drug policy should look like, and what his voters are asking for.  

biden cannabis

And Vice President Kamala Harris is not much better, claiming to support legalization and even bragging about having smoked in the past, but her resume says otherwise. During her career as San Francisco district attorney, Harris oversaw roughly 1,900 marijuana convictions (1,500 of which were African American males, for the record). NORML executive director Erik Altieri describes her history on drug reform has been “problematic,” and her “record is not one anyone would qualify as progressive, particularly when it comes to marijuana.” 

Biden pardons a few cannabis offenders 

And when I say “a few”, I truly mean that. More specifically, he pardoned 3 people and commuted the sentences of 78 offenders, out of the estimated 40,000 people who remain locked up on weed charges. Before getting further into the details, let’s quickly go over the difference between pardons and commuted sentences A pardon completely removes the conviction as if it never happened, so the person’s record is clear, whereas a commuted sentence still stands but the punishment is reduced or completely revoked.  

The news of the pardons and commuted sentences were announced on Tuesday, April 25th of this year. All of the pardoned offenders had been previously released to serve time in their homes during the pandemic, a privilege that was granted to a total of 8.300 inmates because of COVID-related issues and prison overcrowding. One of the pardons given, and eight of the commuted sentences, were related to cannabis.  

Now, it’s important to note that this was not part of some cannabis-related project or anything special that Biden was doing. These pardons and commuted sentences were done in clemency grants as part of Biden’s first year in office – and this is standard for ALL presidents during their first year. Call it a presidential ‘get out of jail free’ card, if you will, but regardless, it had nothing to do with commuting the sentences of cannabis users specifically, even though some of the offenders who got pardoned and commuted were convicted of non-violent marijuana crimes.  

New cannabis legalization bill from Chuck Schumer  

The reason this matters (well, it always matters, but the reason it’s more relevant now) is because a new decriminalization bill was introduced by Democratic Senate Majority Leader Chuck Schumer and Thursday, July 21st. The bill isn’t exactly new, Schumer has been working on it for years, waiting for the right time to make it official.  

The Cannabis Administration and Opportunity Act would effectively decriminalize cannabis at the federal level, but would allow individual states to regulate it as they see fit. So, some states can still choose to keep it illegal, although that seems unlikely. That said, it’s hard to say how likely it is that this bill will even pass at all. Yes, Schumer circulated the bill around for the last few months getting feedback for how to make it foolproof, but there are still a few major potential obstacles in the way.  

First, we have the Senate. Although legalization/decriminalization bills have passed the House of Representatives, they have all died when reaching the Senate for a vote. Beyond the Senate, the main concern here is Biden. Should the bill make it his desk, will he off on it? He claims to support decriminalization (hopefully more so now that we all know his daughter-in-law shops at dispensaries), but his history, as well as his areas of focus while in office, say otherwise.  

Final thoughts 

In all fairness, it’s not surprising to see an old man stuck in such dated ways. It’s reminiscent of many of our own grandparents who just won’t get with the times. But a politician should be more in touch with what the general population wants, and data from Politico consistently shows that roughly 70% of Americans want cannabis legalized. With this new bill in the works, it’s very possible that the ball will soon be in Biden’s court – and it will be interesting to see what he does with it.  

Welcome all! Thanks for dropping by Cannadelics.com, a top offering for comprehensive news covering the burgeoning cannabis and psychedelics industries. Stop by daily for a dose of news on these dynamically changing fields, and sign up for The Cannadelics Weekly Newsletter, so you’re up on everything important going on.





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Switzerland Implements Wide-Reaching Medical Cannabis Program

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All eyes are on Switzerland as the country makes big moves to start its own cannabis industry. The country announced plans for a recreational measure last year, and now Switzerland is introducing a wide-reaching medical program that goes far beyond its previous limits.

Switzerland is on a rampage, both widening its medical cannabis program, and awaiting new recreational legislation. Cannadelics is an independent news source focusing on the cannabis and psychedelics fields of today. Remember to subscribe to The Cannadelics Weekly Newsletter all the latest news and industry stories, as well as exclusive deals on flowers, vapes, edibles, and other products. Also save big on Delta 8Delta 9 THCDelta-10 THCTHCOTHCVTHCP & HHC products by checking out our “Best-of” lists! 


Switzerland up until now

Switzerland is all over the board these days, but up until recently, this was not the case. So what was the deal with Switzerland up until its impressive moves of late? First off, Switzerland is not a part of the EU, so it never had to go by EU regulation. Whereas products with up to .3% THC are legal in EU countries, Switzerland has a max THC level of 1%. Outside of this, cannabis is illegal.

In 2012, the country instituted a decriminalization measure which allowed for small amounts of cannabis (up to 10 grams) with only a 100 Swiss Franc fine, and no jail time included. Once either the 10-gram limit is gone over, or the 1% THC limit, a violator is subject to both a fine, and a prison sentence up to three years.

A lot happened in 2012, though it didn’t all stick. That year, certain cities gained the ability to legally grow low-THC hemp, up to the 1% limit. But then, Just months after this started, the government itself nullified this ability, because it said it was in violation of federal drug laws. Switzerland operates like many multi-state countries where cannabis penalties vary between its different states.

cannabis in Switzerland

In another 2012 measure, legislation was instituted that made both selling cannabis, as well as possessing amounts enough to affect as many as three people, punishable by up to three years in jail, along with a possible fine. This was updated in 2017 to exclude possession, and to only fine those actively using; which allowed many states to drop possession cases for small amounts.

In terms of Switzerland and a medical cannabis program, the country didn’t have a comprehensive one until current events. The Federal Act on Narcotics and Psychotropic Substances in 2008 (implemented in 2011) allows Swiss doctors to get special permits to prescribe cannabis to terminal patients, for 12 months at a time. It also requires patients to apply for authorization from the FOPH (Federal Office of Public Health). Only tinctures and oils were approved by this measure, and its hardly wide-ranging, with only two pharmacies able to provide such medications.

This didn’t stop the pharma medicine Epidiolex from gaining approval in 2018, even as flowers and resin are both barred. From this time, however, pharmacies have been able to create specific CBD formulations for patients. Overall, the ability to access cannabis medicines has been highly restricted in Switzerland, though recent changes are now opening the country to much wider usage, with even bigger plans for the future.

Switzerland updates medical program

Everything just mentioned about Switzerland and its medical program, has now been updated thanks to a new amendment put forth by the country’s seven-member Federal Council, which is the country’s joint head of state and federal government. This amendment updates the Narcotics Act to erase the ban on medical cannabis, which in turn creates a much wider market.

Starting in the beginning of August, patients no longer have to apply for the authorization from the FOPH, and can now get a regular prescription, straight from their doctor. The new amendment isn’t just meant for patients in Switzerland, but predictably for an export market as well (very few legalizations of this sort don’t include the ability for an export market). Less was stated about an impending import market. The limit for THC is still the same for all products, at 1%.

Part of the reason for this change, was due to increasing demand for medical authorizations, which had grown to the point of burdening the government with extra administrative work, which led to treatment delays for patients in need. The conditions for treatment also expand under this new amendment, letting more people benefit from cannabis medication.

medical program market

According to the government, this update should be beneficial to those suffering from spastic diseases, and pain issues. Prior to the update, approximately 3,000 approvals for medical cannabis were given yearly to those suffering from the likes of neurological diseases, MS, and cancer.

In order for the amendment to take effect, it required changes to the Narcotics Control Ordinance and the Narcotics List Ordinance. Cultivation regulation for this new medical industry falls under the Swiss Agency for Therapeutic Products (Swissmedic).

Nothing was updated concerning reimbursement for cannabis medications by the healthcare system of the country. As medical cannabis is only reimbursed in the most dire of cases, this indicates that many people will be paying out of pocket for their cannabis medicine, even when legally prescribed by a doctor. The reason given for this omission is that there isn’t enough available evidence on cannabis as an effective treatment, which makes very little sense since it was considered effective enough to be legalized for this purpose.

What about a full recreational legalization?

Switzerland looks like it will be the first country in Europe to set up a regulated sales market, along with trials meant to help establish new regulation. In 2020 I reported about the Swiss government green-lighting trials for recreational cannabis, a project that has been in the works for many years. The trials will allow the legal production and sale of cannabis, but only in specific locations and with many restrictions. In September of 2020, the Federal Act on Narcotics and Psychotropic Substances was officially amended by way of parliamentary approval, which allows scientific trials for selected groups. This went into effect May, 2021.

These regulations set maximum THC limits to 20%, come with limits for pesticide residue, and also mandate warning labels. In order to be a part of these trials, and have access to this recreational cannabis, individual cities and municipalities must first prove that recreational cannabis is not hurting their current population.

As of April 2022, the first of these recreational test programs was authorized specifically for Basel, Switzerland. This specific program is meant to last two years, includes 400 adults, and essentially is meant to provide data for future pricing and consumption regulation, for a full recreational market.

Switzerland cannabis legalization

Though the pilot studies sound interesting, they’re really only to help with what’s coming. Even before the programs officially started, a parliamentary commission made a vote in October 2021, which ruled that cannabis shouldn’t be banned, and that the country must establish legislation to officially legalize it. In essence, Switzerland has legalized recreational cannabis, and is simply waiting for a bill (the vote doesn’t change anything without written legislation).

The whole thing is a little confusing. Switzerland is pushing for scientific trials to assess how to run a recreational market, while already working on the legislation to set up that market. And to make it more confusing, the basics of this began before Switzerland even implanted a full medical system, which is only happening now. Somehow none of this seems like its in the right order, but one thing for sure is, progress is great, no matter how it comes. And Switzerland is sure in the fast lane to major cannabis reform.

Conclusion

Perhaps competition with Germany is part of what’s spurring this on so quickly. The neighboring countries are both planning for recreational legalizations, and are both getting amped up to enter the global market. Switzerland for its part is working on both ends. Updating its medical program, before instituting its recreational one.

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Why Are Local Governments Sabotaging Hemp Industry?

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Hemp has been the enemy to many business sectors for decades, and its illegal status kept it from competition. The 2018 US Farm Bill changed this, re-opening an industrial hemp market. But what should have taken off, hasn’t. What’s most confusing, is that its actually local governments which pose the biggest blockades to the hemp industry thriving. Why would they do this when it means getting in the way of a lucrative industry?

The federal government might have chosen to legalize hemp production in 2018, but local governments have repeatedly made it hard for hemp farmers and the overall market; with incredibly strict, over-bearing regulation. Our 100% independent news publication focuses on stories in the growing cannabis and psychedelics spaces. We provide the Cannadelics Weekly Newsletter for readers to stay updated, and offer tons of deals for a range of products, from smoking devices to cannabinoid products like HHC-O, Delta 8Delta 9 THCDelta-10 THCTHCOTHCVTHCP HHC. You can find deals in our ‘best of’ lists, for which we ask you only buy products you are comfortable with using.


Hemp in the US

The history of hemp is a sordid story which reminds us that the US government doesn’t always act for the good of the people, and sometimes in direct contrast to it. Back in the beginning of the US, during colonial times and beyond, hemp was a widely grown crop, used for all kinds of industrial purposes. It was such an important crop, that some colonies like Virginia instituted grow laws in the 1600’s to ensure hemp was grown by local farmers, mostly for use by the military.

During this time, hemp had tons of applications including clothing, paper products, sails and rope for ships, and so on. It was also a main component of many medications starting from the 1800’s, when Dr. William O’Shaughnessy brought it into Western medicine; after researching it in India. Why hemp was illegalized is a great question, and depending on where you look, you can find different answers to this question; some that make more sense than others.

Hemp, and cannabis in general, was used industrially, but rarely smoked for recreational purposes. This changed with an influx of Mexicans in the early 1900’s, who did smoke the plant. This happened around the time that industries started popping up that posed a direct competition to hemp. These included the burgeoning synthetics/plastics industry, run by the DuPont family; and the wood paper industry, with William Randolph Hearst at the helm, who owned a huge newspaper chain, and didn’t want to compete with hemp paper. Between the Mexican association, and push from these industries, as well as the pharma industry; cannabis was illegalized.

government hemp

The process of prohibition started with 1937’s Marihuana Tax Act, which made it harder for cultivators by instituting more strict licensing requirements. WWII changed this temporarily, and there was a push for hemp farming due to supply issues into the US. This was all quietly shut down by the government post-war, and the case against marijuana and hemp was built even further. It was marijuana, and smoking it specifically, that was essentially used to illegalize the hemp industry, even though that logically makes no sense at all.

Though there was an understanding about the difference between high-THC and high-CBD plants, this information was ignored by the government upon passage of the 1970 Controlled Substances Act, which treated both the same. This law put cannabis of all kinds in Schedule I, saying it was so dangerous that it wasn’t even fit for medicine (which it had been in for 100 years on the Western side, and thousands of years on the Eastern side).

The distinction between the two types of cannabis wasn’t officially re-established until a federal court case – HIA (Hemp Industry Association) vs DEA that ran from 2001-2003. This case, and the re-institution of a definition between hemp and marijuana, allowed the entrance of hemp back into the legal market years later with the 2014 and then 2018 US Farm Bills. The latter of which legalized the cultivation and production of industrial hemp products nationally.

Why do local governments get in the way of new hemp industry?

You’d think that legalizing something and setting up a market is an indication that that market is desired. Sure, visually it looks like hemp production is promoted, but in what looks like a passive-aggressive move, local governments continue to set obstacles to the hemp industry, possibly implying that the legalization is more for show. This sounds odd, for sure, but let’s remember that hemp is growing in understanding as a more environmentally-safe competitor to massive, and massive-waste-causing, industries like the paper industry, the plastics industry, the cement and building industry, and even the oil industry. This on top of it already being a threat to pharma companies.

The thing is, all the industries above have corporations and lobbyists that pay greatly into the pockets of congressional representatives on both state and federal levels, making it more than possible that there is quite a large financial push from within, to keep this industry down. Along with this, its place as a ‘cash cow’ has led to insane taxation seeking to squeeze out every penny, to the detriment of the actual industry.

Recently it was reported that the hemp industry in Oregon is in trouble, and that its not about a lack of interest either. Farmers are repeatedly trying to jump through hoops to create these enterprises, and are continually being thwarted by new, and often overbearing, regulation. Governments usually make it easy when they want an industry. Consider the opioid industry, and the multi-billion-dollar lawsuits, which haven’t slowed anything down. Those medications are still sold, with a recent governmental proposal to lower prescribing guidelines…that’s how much their sale is desired. Even the travesty of overdoses hasn’t limited the industry, and that’s a real danger…so why are governments giving hemp farmers such a hard time? And what exactly are the problems?

hemp vs marijuana

How do local governments get in the way of new hemp industry?

What are the tactics used to slow down what should be a skyrocketing industry? Jackson County is one of the biggest cultivation areas in Oregon, and yet in March of this year, state regulators declared a state of emergency for cannabis, which creates a moratorium on new licensing. In fact, by law, when a state of emergency is called, such applications must be denied. The state of emergency announcement acts retroactively, going back to the 1st of the year, and continues till the last day of the year, effectively meaning no new licenses for growing hemp can be given out or used for an entire year.

Why is this happening? What terrible threat is there that now keeps hemp from being grown, as opioids are still widely prescribed and sold? Apparently, the biggest concern is rooting out all those farmers (reported as 53% last year) whose crops exceed the .3% THC maximum. Though this is advertised by the government as something done by sneaky growers cultivating marijuana under the guise of hemp, simply being over the limit can actually imply no more than, say .4% THC, which hardly makes it what they’re saying.

Considering its already known that its hard to stay precisely within these limits, the more reasonable factor is that farmers are just barely missing the mark, and this is a massive excuse to stop production. I mean, again, opioids…everywhere. Still. Even if it’s real marijuana, though the growers might not be sanctioned, it is a legal state. Should this really stymie the entire industry?

The other issue? Unregistered growers. Translation? Growers for which no tax money is collected by the state. Translation? Black market. Let’s remember, the legal cannabis industry can’t compete with the black market past a point, and this means both state governments and the federal government (federal for hemp only) are constantly trying to find, and get rid of, operators in this market. Whereas it really should be obvious by now that this won’t work, apparently, its not. Realistically, if governments want their legal industries to work, they need to stop with the overtaxing (both excise and to consumers), drop overly strict regulation, and stop treating the industry like a cash cow.

Instead, governments have retained their insane, non-working tax structures, and incredibly restrictive regulations, and then do antics like this where they stop the real industry, so they can have more time to find anyone making an illegal buck. Again, is this really an issue that should stop a legal market?

I don’t remember any large clothing manufactures being forced to stop all function until every knockoff vendor was found and put out of business. Does anyone else? Nope? Once again, no danger to consumers. After all, consumers have lived off this black market for the last 100 years. Calling it dirty and unsafe now, is about the dumbest smear campaign, yet that very logic is used to explain why these growers need to go. Translation? Money lost to taxing bodies. Period.

hemp farm

Into the future

Similar issues of regulation and/or high taxes are seen nearly anywhere that hemp (and marijuana) industries exist in the US. Take Washington, for example, where complaints over taxes still exist ten years after the start of the market. Or California, where the market has suffered so badly, that the state is actually overhauling its tax structure in hopes this can reinvigorate it. Hawaii is yet another example, with cultivators in the state fighting against overly restrictive regulation that restricts access to the local market, and requires a painful three-day notice period for crop transport, testing, and inspection.

There are plenty of other factors that also effect the hemp industry, like overproduction. 2018-2019 was a good time for CBD sales, and this led to inflated expectation for demand, which was subsequently not met. Operators jumped in without thought or research, and somehow no one considered it could be nothing more than a fad. This misconception led to a massive amount of overproduction, lowered prices, and a harder time competing. The inflated expectation came from nearly every publication, which all touted unrealistic numbers, based on no experience. Never a good idea.

Right now, a lot of hemp production is geared toward the CBD and cannabinoids market, which in and of itself shows the lack of understanding among growers of applications outside of drug-related or wellness products. Perhaps as actual industrial uses like plastics and paper start to pop up more, the hemp industry will see further invigoration, and a massive rise in production. After all, THIS is what ‘industrial’ hemp is meant for in the first place. And yet even despite this, I have yet to hear of a government promoting these uses.

Conclusion

Why hemp for plastic and paper (among other uses) hasn’t ballooned out exponentially could be related to many things including existing industries that don’t want competition. Perhaps this is why local governments get in the way of the hemp industry, which was just legalized. It should be understood by now that leveraging too-strict regulation, forcing high taxes, and trying to weed out black markets at the expense of legal ones, will never lead to anything good. And though stories abound about the large taxes brought in for cannabis, in states like Massachusetts, one can only wonder what that number would be, if governments stopped trying to sabotage the industry.

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