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Be An Activist. Help Get Hemp-Derived CBD Regulated Now!

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Hemp was legalized by the 2018 US Farm Bill, but the hemp-derived CBD market was never officially set up and regulated. Now, with the FDA once again looking to bypass the topic, activists are getting involved to help move things along. Help make it happen by forcing Congress to do something. Read on to find out how.

Hemp-derived products like CBD are not regulated, and this hurts smaller companies, and stalemates the use of CBD in nutritional supplement products. Hemp-derived compounds have grown in popularity, from delta-8 THC, to CBDV, to even delta-9 THC. These products are still available even without regulation, but buyers should know their brands and be aware of dangers. For interested users, we have an array of deals for hemp-derived compounds like CBD and delta-8 THC, so check out our stock, and learn the importance of hemp-derived compounds. For more articles like this one, make sure to subscribe to The THC Weekly Newsletter. Also save big on Delta 8Delta 9 THCDelta-10 THCTHCOTHCVTHCP & HHC products by checking out our “Best-of” lists!


Hemp and regulation

The 2018 US Farm Bill worked to undue some of the cannabis prohibition laws that were put into place in the early 1900s. It legalized the production of hemp for all purposes, using the following definition to define the plants in question and how they could be used: “The term `hemp‘ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, 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.”

This effectively removed hemp from the Controlled Substances list, and started what looks like a free-for-all market of hemp-derived CBD products. CBD, of course, is the cannabinoid found more prevalently in hemp plants, and with these new laws, it appeared that CBD was released to the masses for whatever they wanted.

However, the Farm Bill made a very concrete statement. Though it legalized hemp, it did not change the authority that the Secretary of Health and Human Services, or Commissioner of Food and Drugs, has over issues that fall under the jurisdiction of FDA administration laws. What this means, is that though hemp was legalized for all purposes, the FDA still holds authority over hemp products if they’re used as food or medicine. Since the FDA oversees laws related to foods, dietary supplements, human and veterinary drugs, and cosmetics, if a hemp product falls into one of these categories, it is regulated the same way.

hemp-derived CBD laws

The FDA did go a little further as far as specifically regulating products in this category. In 2018, it started advancing hemp seed food products, as hemp seeds contain neither THC or CBD making them less controversial than the rest of the plant. However, it never did anything about hemp-derived CBD products, where things get a little more confusing.

The FDA and why hemp-derived CBD isn’t regulated

You see, according to the FDA, “It is unlawful under the Federal Food, Drug, and Cosmetic Act (FD&C Act) to introduce into interstate commerce a food (including any animal food or feed) to which has been added a substance that is an active ingredient in an approved drug product or a substance for which substantial clinical investigations have been instituted, and the existence of such investigations has been made public.”

Prior to the Farm Bill, CBD wasn’t ever approved as a medication, which means this preceding specification wouldn’t apply. However, in that same year, (the timing of which might have been used to solidify this provision against CBD), the FDA approved the pharmaceutical medication Epidiolex for epilepsy, which contains CBD, thereby making it illegal to add CBD to other products as an ingredient, as it became the active ingredient in a pharmaceutical medication.

However, the FDA doesn’t allow just anyone this ability to create medications with this compound. As of yet, three years later, the market has been kept entirely by big pharma, with no approvals for anyone else. Thus, the FDA is blocking smaller companies from legally producing hemp-derived CBD products, by maintaining it as a pharmaceutical medicine so it can’t be used as an added ingredient to other non-medicinal products.

That’s some fancy footwork by the FDA. While it could be looked at as the FDA being careful, and looking out for people’s health, the whole idea of what’s happening entirely goes against this. A well studied natural compound is being kept at bay from the general population legally, by the FDA refusing to set up regulation measures for it. Having approved it for pharmaceutical products, it calls it a medicine, and therefore doesn’t allow its non-medicinal use, while only allowing big pharma companies the ability to create medicines with it. It legally stalemates the industry outside of pharmaceuticals, making a clear case for the idea that the US government is trying to help out big pharma by slowing down the regulation of CBD.

Is there a plan for hemp-derived CBD to be regulated?

It’s been three years since the Farm Bill was signed, and yet this ridiculous, nonsensical issue, still remains. In fact, for over three years, the government has been promising to do something, while not actually doing anything. To back up how little the government has actually cared, or invested into this issue, consider that this past month, the FDA finally made it clear it has no plans to further regulate the industry right now.

CBD laws

Acting Commissioner Janet Woodcock, stated at a Consumer Healthcare Products Association event, that the current law was in fact clear, and acknowledged an impasse between the regulatory body, and any company seeking to use hemp-derived CBD in products. When directly asked by Scott Melville, president and CEO of the Consumer Healthcare Products Association (CHPA), what could be done to speed things along, Woodcock answered,

“I’m not sure… In my reading, the law is fairly clear about this, and so it puts us in a stalemate position. We also need additional data on the safety of lower doses and how that might be controlled, say, in the supplement market. How could you manage exposure of consumers?” Kind of sounds like it hasn’t even been discussed…

In fact, Woodcock went as far as to try to pass the buck, stating, “I don’t know that it’s a matter of FDA policy. I think it may well be a matter of law.” Were we supposed to expect anything out of an agency that hasn’t even seen fit to take up its own responsibilities? If the FDA is confused about how to regulate things, then clearly there was never a plan to do so, and the last few years have just been lollygagging around, letting big pharma have the field. This same thing can be seen in countries like France, where the government actually took the EU to court in an effort to keep natural CBD illegal, while letting big pharma sell synthetic CBD legally. Luckily, France lost.

Help get hemp-derived CBD regulated!

Maybe the government is dragging its heels to help out big pharma, and maybe this is just an example of inefficient government offices. No matter the reason, it doesn’t work for the hemp-derived CBD industry to not have it regulated, and you can help get the job done. How? By forcing your lawmakers to do something.

One of the interesting things about government (it should be obvious, but isn’t these days) is that if the people want something enough, and make it clear enough (without being confused or divided in the process), they can force their will on a government body, for one basic and undeniable reason: no one wants to lose their seat by not keeping constituents happy. This can be seen very well in a state like North Carolina, where republicans are pushing a medical cannabis bill, and outwardly stating that they understand they won’t keep their jobs if they go against constituent wishes.

Funny enough Congress seems to understand this already, probably because their seats do depend on it, unlike Commissioner Woodcock, and the FDA. In 2021, both the House and Senate urged immediate action, directing the FDA to create formal policy that can be used until regulations are made. Of course, Congress has been trying to get the FDA to take action for years now. Considering the FDA had its first discussion over two years ago, and nothing happened yet, (except the Commissioner trying to pass the buck by denying legal jurisdiction), it stands to reason that the agency isn’t interested in following through.

CBD regulation

31 US representatives (both democrats and republicans) are co-sponsoring HB 481 to regulate CBD as a dietary supplement, ending the stalemate. There is a House hearing for this issue expected this fall. The Senate is currently working through two bills – S 1698 and the Cannabis Administration and Opportunity Act, which would both legalize hemp extracts like CBD.

Now, you can help the effort too! Use your voice. Use your power as an individual, which put together with many other individuals, can create enough power to change legislation. Go here, and tell your congressmen what you want. Tell them to regulate CBD now! This initiative is being led by Hempsupporter.com.

Conclusion

Without intervention, it seems the FDA probably won’t do anything to change the current status of hemp-derived CBD, which means it won’t be regulated, and the only legal industry to have use, will be big pharma. Luckily, we can make a difference as individuals, and members of voting constituencies. Get on your activist boots, and tell your congressmen to regulate hemp-derived CBD now!

Hello…! Welcome to CBDtesters.co, the internet’s one-stop-shop for all the best and most thought-provoking cannabis and psychedelics-related news from around the globe. Check us out regularly to stay informed on the quickly-changing world of legal drugs and industrial hemp, and make sure to sign up for The Delta 8 Weekly Newsletter, so you’re always first to know the news.

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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Is ‘Cannabis Odor’ Still Probable Cause for Searching Your Vehicle?

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If you’ve been smoking weed for a long time, it’s highly likely you have found yourself in a scenario where you are getting searched by a police officer for one reason or another. One of the most daunting experiences for any stoner is getting pulled over with weed in the car; because as we know all too well, all a cop needs to do is simply claim that they “smell marijuana” in your vehicle and next thing you know you’re standing on the side of the road while they call for backup and tear your car apart looking for anything illegal they can find.

Is it fair? Of course not! But the more important question here is whether this age-old search tactic is legal or not, and if it will hold up in the court of law. The answer: it’s complicated and depends on where you are, who you ask, and the specifics of your situation. Police officers have relied on odor as probable cause for decades, and it was justified when cannabis was illegal across the board. But if you now live in a state where cannabis has been legalized, especially for recreational use, marijuana odor is no longer an ironclad reason to search without a warrant, because possessing it is not a crime in those states.

Cannabis laws in the USA can certainly be complicated, especially when it comes to knowing your own rights and how to protect yourself from unreasonable actions by law enforcement. We hope this article provides the insight you were looking for. To read more stories like this one, and for exclusive deals on flowers, vapes, edibles, and other products, remember to subscribe to The THC Weekly Newsletter. Also save big on Delta 8Delta 9 THCDelta-10 THCTHCOTHCVTHCP & HHC products by checking out our “Best-of” lists!


The 4th Amendment and Probable Cause

Citing the Constitution of the United States of America, the fourth amendment is as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

It’s generally accepted that a warrantless search of someone’s home is unjust, but the extent to which a person’s vehicle is protected under this statute remains up for debate. Despite pretty clear-cut verbiage in the fourth amendment, there exists a clause known as the “automobile exemption”. The automobile exemption was first established in the 1925 supreme court case, Carroll vs The United States.

Simply put, the automobile exception states that, because automobiles can move quickly from one location to another – carrying contraband and evading law enforcement – it would be unrealistic to require officers to get a warrant before searching the car. In a state where cannabis is illegal, the smell of cannabis is enough to lead officers to reasonably believe that a crime is being committed.

One might assume that this exception means that police officers have unlimited access to search the cars of all citizens as they see fit, but that is NOT the case. There are stipulations and it’s important to know your rights whenever you’re on the road. “The automobile exception is not a categorical one that permits the warrantless search of a vehicle anytime, anywhere, including in a home or curtilage,” says Supreme Court Justice Sonia Sotomayor.

So again, there is a lot of ambiguity there because the conditions determining whether the automobile exception can be used vary dramatically from state to state, county to county, and even city to city. Then it comes down to if the person pulled over is even committing a crime, which depends on they much you have, whether they have a medical card or not, if something was left in plain sight, or if the officer was given permission to search the car, or if another crime was being committed.

States can always implement higher standards than what is required by the fourth amendment, to further protect residents from unlawful searches and seizures, but they cannot allow conducts that violate the constitution in any way. If one believes their fourth amendment rights have been violated, a bivens action can be filed against federal law enforcement officials.

Recent Ruling in Illinois

What sparked my renewed interest in this topic is a news report I read from the Chicago Sun Times, in which authorities pulled over a vehicle and conducted a warrantless search that led to the arrest of the vehicle’s passenger for cannabis possession.

According to the court order, an Illinois State Trooper pulled over a grey Chevy Impala on Interstate 88 in rural Whiteside County on December 3, 2020. During the process of requesting identification, the trooper stated that he smelled “raw cannabis”, at which point the passenger, defendant Vincent Molina, provided his state-issued medical cannabis card.

Notwithstanding, the police officer proceeded to search the vehicle. He found 2.6 grams of weed and Molina was arrested for misdemeanor possession. For obvious reasons this arrest is utter nonsense, starting with the fact that recreational cannabis was legalized in Illinois on January 1, 2020, almost a full year before Molina’s arrest. Additionally, Molina was not just a recreational user but a medical patient.

Molina’s defense lawyers, James Mertes and Nichalas Rude, filed a motion to suppress the evidence, saying “the cannabis odor could not be used as a basis for police to search vehicles after the recent legalization of cannabis.”

Associate Judge of the 14th Judicial Circuit, Daniel J. Dalton, agrees with his attorneys, and ruled that Molina, “…did not indicate any other reason for his suspicions or his search other than the smell of raw cannabis,” and that, “Molina did provide a medical use license to (the trooper) prior to the search of the vehicle and there are a number of wholly innocent reasons a person or the vehicle in which they are in may smell of raw cannabis.”

All in all, it’s a pivotal case for The Prairie State which helps determine what is considered probable cause and sets new standards for how officers will conduct future searches and seizures. “I am honored to have been part of such an important decision. This case was much more important than me,” Molina said. “It was about our right to be free from unreasonable searches for legal conduct. I am just grateful to have been a part of protecting that right.”

No Confusion in New York

New York is one of the few states that actually wrote into their legalization law, which passed in March 2021, that cannabis odor is can no longer be used by law enforcement as a sole legitimate reason to conduct a vehicle search.

Under the updated policy, the only time officers are permitted to search a vehicle (as it pertains to cannabis), is if they believe the driver is under the influence of weed, or if they physically see the driver smoking or vaping while operating a vehicle, or while sitting inside of a parked vehicle.

Additionally, “the trunk may not be searched unless the officer develops separate probable cause to believe the trunk contains evidence of a crime.” So, if you want to be extra careful in NY, make sure to keep your stash in the trunk.

“I don’t think any other state was as clear-cut in removing marijuana very clearly from the universe of things that law enforcement can use, and certainly the odor of marijuana, as a reason to search a vehicle,” said Melissa Moore, New York state director for the Drug Policy Alliance.

Cases in Other States

In the other 18 states that have legalized cannabis, as well as Washington D.C., cases where cannabis odor was used as probable cause are still clogging up the court systems. Luckily for us, most of the court ruling have been in favor of the defendants.

For example, in Maryland, only medical cannabis is fully legal but possession of 10 grams or less for recreational use has been decriminalized since 2015. For reference, decriminalization means that even though cannabis is still not completely legal, it’s now a civil matter, rather than a criminal one, if you get caught with it. In April, an appellate court determined that “odor of marijuana by itself does not provide reasonable suspicion of criminal activity”.

In Colorado and California, the Supreme Courts throw out cases like this all the time, claiming there is no justification for searches or drug sniffing dogs to look solely for cannabis, now that it is legal in both of those states and possessing it is no different than having unopened containers of alcohol in your car.

In Michigan, another legal, adult-use state, the high court explicitly stated that “evidence of illegal guns and drugs should not be suppressed,” and that cannabis odor was “sufficient to justify a warrantless search.” Same goes for Florida, where only medical cannabis is legal but discussions of a recreational market are looming.

Rooted in Racism

As with many of our current drug laws, it’s safe to assume that there are some racist undertones to the way vehicle searches are often conducted. Statistics do exist to cement this theory, for instance, black residents make up 50 percent of the population of Newark, New Jersey, but were involved in roughly 80 percent of police department vehicle searches. Overall, policies that hinder automobile searches are supported by the nation’s most prominent civil rights activists.

“Police believe that if they stop more Black people, they’re going to pick up more drugs, because that’s what they’ve been taught,” said Meghan Matt, who works for a criminal defense and civil rights litigation attorney in Baton Rouge. “But it is statistically evident that Black and White people use marijuana at the same rate.”

Data from as far back as 1999 states that African American and Hispanic motorists are pulled over at rates much higher than whites, yet those searches are “equally or less likely to yield contraband.”

Kelsey Shoub, an assistant professor of political science at the University of South Carolina explored this theory further in her 2018 book, Suspect Citizens: What 20 Million Traffic Stops Tell Us About Policing and Race; which examined 14 years-worth of traffic stop data from North Carolina (not an error, research was not conducted in the same state as the University).

Shoub’s data was very telling and left little wiggle room to assume anything other than a systemic, racially-charged issue that seriously needs overhauling. Overall, black Americans where 63 percent more likely to be stopped on the road, even though they drive 16 percent less than whites. Taking into consideration that difference of time spent on the road, blacks where about 95 percent more likely to be stopped.

Furthermore, black Americans were 115 percent more likely to be searched during traffic stops than white Americans (5.05 percent for blacks and 2.35 percent for whites), BUT, contraband was found more often in the vehicles of white drivers.

“For me, there are a few big takeaways from the data, and the first two are probably not surprising,” says Shoub. “The first is that ‘driving while black’ is very much a thing; it’s everywhere and it’s not just a North Carolina or a Southern problem but across the United States,” Shoub says. “The second thing is that it appears to be more systemic than a few ‘bad apple’ officers engaged in racial profiling.”

Thoughts from Law Enforcement

“It’s an extraordinarily gray area,” said Mark Reene, prosecuting attorney for Tuscola County, Mich. “These are going to be decided very much on a case-by-case basis, and they’re going to be very fact-dependent. And what’s ultimately going to happen is this matter will end up in front of the United States Supreme Court.”

Because there is so little clarity on this subject, officers are increasingly reluctant to conduct vehicle searches, which means that potentially dangerous contraband is going unnoticed at a much higher rate. Making matter worse for law enforcement is the variation in laws, like different restrictions in different counties or only being able to search certain areas of the car – which makes it all the more confusing when an officer is working in the moment.

“It’s going to, without a doubt, lead to less searches of vehicles, which would then lead to less guns being recovered and significant drugs being recovered,” said Mary Tanner-Richter, vehicular crimes bureau chief in the Albany County district attorney’s office in New York. “I mean, I think it’s hard to argue against that being the reality we’re going to face.”

Tanner-Richter also mentioned that during her 16 years working for the state’s traffic safety division, she has seen a large portion of firearms and hard drugs confiscated during what started as routine traffic stops. Until now, her office encouraged police to utilize this search protocol whenever possible.

“That’s how they found Ted Bundy. That’s how the Oklahoma City bomber got caught. And quite often, that’s how they’re getting guns and drugs off the street,” she added. “They [police] are now losing a huge tool in their investigation of drugs and guns.”

Conclusion

Again, there is no clear-cut answer on whether cannabis odor can be used as probable cause to conduct a warrantless search of a vehicle. It all depends on where you are, what products you have and how much, who pulls you over, and so forth. It does seem as though the odor excuse is carrying less weight as legalization sweeps through the nation.

Hello all! Welcome to CBDtesters.co, your ultimate online destination for the most relevant and thought-provoking cannabis and psychedelics-related news globally. Read-thru the site regularly to stay on top of the constantly-moving world of legal drugs and industrial hemp, and sign up for The THC Weekly Newsletterso you never miss a thing.

Disclaimer: Hi, 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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The Child-Proof Edibles Packaging Issue… And What About Alcohol??

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Edibles like gummies have brought up a whole new topic in the world of weed: the importance of child-proof edibles packaging. When taking a look at the debate going on, it becomes clear that the biggest problem is not the legal market, but the competing black market. And when getting down to realities, the question arises of why the same stringent standards aren’t applied to alcohol.

You know your edibles are most likely real when they come in child-proof edibles packaging that’s hard to open. And this is good because it keeps kids from being exposed to high levels of THC and other synthetic chemicals. For those who prefer to vape, so their kids won’t notice edibles, you can choose from a range of cannabis compounds besides regular delta-9. Like delta-8 THC, THCV, CBN, and even hemp-derived delta-9. For more articles like this one, make sure to subscribe to The THC Weekly Newsletter. Also save big on Delta 8Delta 9 THCDelta-10 THCTHCOTHCVTHCP & HHC products by checking out our “Best-of” lists!


Cannabis edibles

Up until the last few years, the world of cannabis edibles consisted of cooking up some brownies or chocolate chip cookies in your own kitchen. Some standard dealers would offer products like this, sometimes as one-offs, but it wasn’t the standard mode of anything. Edibles were a fun ‘other’ way to do the weed thing, but there wasn’t a massive culture of it on the black market, and they weren’t a main player in the cannabis game.

This all changed with the application of nanotechnology. Nanotechnology is a part of the technology world that deals with the manipulation of particles which have sizes less than 100 nanometers. 100 nanometers is about 1000th the thickness of a piece of paper to give an idea of the sizes we’re speaking of. The same general topic in the world of physics, is nanoscience, and the two studies are closely linked together.

Part of nanotechnology, is the ability for emulsions, which is the forcing together of two opposing liquids. Emulsions done on bigger particles are called macroemulsions or microemulsions depending on the specific size. However, when the particle sizes drop to 20-200 nm, it becomes known as a nanoemulsion. Emulsions for larger particles are already used widely in the food industry, and chemicals industry, whereas nanoemulsions are already seen being used by pharmaceutical companies, the cosmetics industry, and in biotech.

emulsions

The beauty of emulsions is that they can force together oil-based and water-based molecules. In the world of weed, this means the ability to take oil-based cannabinoids like delta-9 THC, and force them together with water-based compounds. So whereas we used to be limited to foods that use oils, like butter (cookies, brownies, cakes…), we can now infuse anything with cannabinoids like THC and CBD, into products like soda, potato chips, and candy. As such a new and growing industry of cannabis edibles has arisen, eating cannabis – particularly as gummies, has become one of the primary ways of ingesting the plant.

How popular are edibles?

In terms of what that means in numbers, though there aren’t amazing statistics out there just yet, there are a few metrics we can go by. One of the better measurements to be released comes from the company Headset, a Seattle-based cannabis analytics company, which put out end-of-year data for 2020. According to the company, edibles made up 11.07% of the cannabis market in 2020 across the states: California, Colorado, Massachusetts, Michigan, Nevada, Oregon and Washington. That percentage is up 10.65% from the previous year.

Does this account for the entire edibles market, even in the mentioned states? No, it doesn’t. One of the biggest issues is the fakes markets, which encompass fake products like vapes and edibles, as well as the very dispensaries they’re sold out of.

As legal markets have uniformly been unable to take down black markets, and as black markets morph to look more like legal ones, (with all the same products therein), actual trends of the cannabis industry must therefore include them, or only a fragment of the behavior we’re looking into, is being spoken about. I can’t wager a guess as to how adding in the black market effects this percentage, but from my experiences in illegal dispensaries, they gear a huge amount of business towards edibles, and my guess is that the percentage would remain the same (if not go up).

The need for child-proof edibles packaging

Weed has been around for quite some time. And so have little children. Up until recently, there wasn’t an issue of children accidentally consuming said marijuana, at least not on any kind of large scale that would necessitate reporting. Probably because a dried-up plant that smells funny isn’t all that interesting to a kid. You know what is interesting to a kid? Candy! Kids sure love candy!

The problem this creates is that as edibles becomes more widespread, it means logically they end up in more places, with more people having access to them. A bag of super nice nugs lying on a couch will likely be bypassed by a toddler. But a bag of brightly colored gummy worm candies? A lot less likely. Even if the kid messes with the flowers, that’ll most likely entail getting your couch dirty and ruining your stash. If the kid messes with the bag of cannabis gummy worms, they could end up ingesting huge amounts of THC, and in the case of fake edibles, synthetics and other untold chemicals.

Black Friday ‘Legal THC’ Deals: $1 Delta-9 THC Gummies

While the idea of simply changing how they look, and the packaging, could (possibly) assuage this problem, simply by not connecting the idea of these gummies to anything a child would consider candy-related, (including using the designs of known brands), this does not seem to be an idea on the table for illegal companies. Legal companies, however, comply with regulation, and actually do provide child-proof edibles packaging that doesn’t advertise the product in pictures.

Real vs fake

Every time I’ve bought edibles from a real dispensary, I’ve had to break through the child-proof measures of the edibles packaging. The outer plastic has no slit on the side to tear from, the plastic can’t be easily pulled apart like you might do to open a standard bag of popcorn, and it even took a little extra force for me to puncture it with a knife. Inside the plastic was a separate container, which obviously blocks view of the product, and with no pictures on the packaging. The containers themselves are tightly packaged in a separate layer of plastic, and it took me a couple minutes to get the thick coverings off, as they were practically sealed to the containers. I have never had a quicker or easier experience than this.

Though there might be issues with some legal companies dropping the ball with packaging, from my experience, this problem really relates to the black market where there are no regulations in place for how things should be packaged, and no desire by the companies to care about it in order to preserve a brand name. Major candy companies have waged law suits against these cannabis companies, mainly on intellectual property rights. Of course, a legal cannabis brand would never mimic a known brand, so whoever is being sued, isn’t from the legal world of weed to begin with.

If you’re thinking ‘hey, I just saw gummies online in colorful, easy-to-open, familiar looking packaging’, just remember, no regulated company will be involved in selling THC products outside of legal dispensaries. If the product is offering more than legal limits of THC, then you know for sure its fake. And if the branding on the product looks like a known brand – but slightly off, its a slam dunk fake. These products might be just fine, but as illegal companies masquerading as legal ones, there’s no way of knowing what actually ends up in the products, or how easy it will be to get through the packaging.

Wait a second…what about alcohol?

It indeed makes sense to be careful with a cannabis food that looks like a child’s favorite thing to eat. But it does highlight a strange inconsistency where cannabis is treated as more dangerous than alcohol. This was well exemplified at the 2021 MJBizCon cannabis event held in Las Vegas, Nevada in October. According to state law in Nevada, though cannabis is legal for personal use, and there is a regulated market, cannabis cannot be used in public places, and though a social smoking law is supposed to be enacted in Vegas, it wasn’t relevant at the time. According to law, it would have been illegal to give out samples, or allow people to get high there.

But at the very same time, there was alcohol being sold right next to these booths which the convention was centered around, and which couldn’t provide samples of their own THC-containing products. As in, there isn’t a law that you can’t give samples of alcohol, or sell it to consumers, or allow consumers to mingle while using it, but there is for weed.

kids and alcohol

Now, let’s be honest about something else, you know what else kids love besides candy? Soda! And what does soda come in? Cans and bottles with the exact same twist off caps and pull-up tabs that beer cans use, in the exact same style bottles and cans that beer companies use, often with bright colors and cool pictures, just like beer.

I have personally been able to operationally open both twist off caps and pull-up tabs since I was about five years old. So, the idea that alcohol is not being held to these same stringent standards is silly at best. Especially considering that drinks are drank over time, and left out in places during this process, often forgotten about in drunkenness, and frequently mixed with sweet smelling ingredients that would attract any child. Now remember that whereas cannabis is not associated with death rates (although a small child consuming massive amounts of THC is questionable), alcohol comes with a huge one, being one of the leading risk factors for overall disability and death in many age categories!

Conclusion

Child-proof packaging for cannabis products is most certainly important, but the bigger issues seems to be the unregulated products on the black market. Kids are way less likely to be attracted to gummies sold by regulation which aren’t visible or being advertised to them, then a package that looks like their favorite candy. As legal companies will go by regulation, this is a black market issue.

What is more than a black market issue though, is the unfair treatment of weed compared to alcohol. Yeah, child-proof edibles packaging is good and should be used, but maybe then we should be more cognizant of how readily and easily available we make alcohol to children.

Hello..! Welcome to CBDtesters.co, your one-stop shop on the web for cannabis and psychedelics-related news, providing thought-provoking and current stories from all over the world. Read-thru the site regularly to stay aware of the quickly-moving landscape of legal drugs and industrial hemp, and sign up for The THC Weekly Newsletter, so you’re sure to get every news story first.

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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Psychedelics Black Market Gaining Momentum on The Web

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We’re all familiar with the growing number of legalized locations when it comes to cannabis, and the fight between the legal market and the ever-present black market. We also know that black markets exist for tons of products. The next big thing coming toward the medical market, psychedelics, have always had their own black market, which is now gaining momentum with a growing presence on the web.

It’s no shock that the psychedelics black market has expanded out into the web. Tons of illegal operations can now be found online. This also goes for other unregulated industries like cannabis cannabinoids, an array of which can be bought easily from the web as well. From delta-8 THC (a half brother to delta-9) to THC-O-A to THCV, we’ve got great deals for tons of cannabis compounds, so go through them all, and pick the options perfect for you. Remember to subscribe to The Psychedelics Weekly Newsletter for more articles like this one. And save big on Delta 8Delta 9 THCDelta-10THCOTHCVTHCP & HHC products by checking out our “Best-of” lists!


Black Markets

Sometimes its easy to forget just how much of the world runs on black markets. Back markets, are, after all, illegal markets that are unregulated and untaxed. Pretty much anytime you encounter clothing with a brand name which doesn’t look quite up-to-snuff, or when there’s a guy selling watches out of the back of a car, or when you buy a no-name replacement part for your phone from that dicey storefront down the street, these are all likely black-market products. But the black market can include much more.

Right now, there are tons of cannabis compounds flooding the market, like delta-8 THC, THCV, THC-O-A, and even hemp-derived delta-9 THC. All of these products are released under the misguided notion that the 2018 US Farm Bill makes them legal, when in actuality, no such legality has been made. It almost seems odd that this can exist without anyone doing anything about it. But then again, I walked into illegal dispensaries right in the middle of the Las Vegas strip, not hiding one little bit in the shadows.

When it comes to cannabis, local black markets have consistently outdone legal markets, and this is likely due to higher prices in dispensaries. Why extremely high taxes are consistently waged on these markets is beyond me, as the pricing plays into general complaints of not being able to divert more from the black market, which stays consistent, and doesn’t overcharge consumers. California is a great example of how overly stringent regulation has led to a much smaller number of legal operations than illegal ones, and the overall need for a bailout due to lower-than-expected sales.

black markets

Black markets can consist of stolen products (fell off a truck), fake products that resemble known products (knockoffs), illegal products (heroin), and simply untaxed products (whatever you buy off the guy in the street). It used to be that these markets were more hidden, whereas now they often parade around in daylight, like the fake dispensaries sitting on the Vegas strip. In the US, the black economy accounts for approximately 11-12% yearly, and brings in somewhere between $2-2.5 trillion annually.

The rise of psychedelics

Technically, legal psychedelics have been around for awhile. Since 1958, DXM has been in cough syrups, ready to be bought over-the-counter by anyone of any age. Most people simply don’t consider this, even as stories of robotripping have repeatedly come out over the years. More recently, ketamine clinics have been picking up speed, along with the formal legalization of ketamine’s cousin esketamine, which seems to be the pharmaceutical answer to the gray-area ketamine industry. Ketamine clinics have been popping up all across the US, which operate by using ketamine legally, but for off-label uses like pain and depression management.

Two more psychedelics are on their way to legalization. The US’s FDA has already given ‘breakthrough therapy’ designations to MDMA and psilocybin from magic mushrooms. A breakthrough therapy designation is given when a company is in the process of doing trials into a compound, which show promise for providing a better answer than known remedies. The designation is specifically meant to quicken the research and development of medications, to get them to market.

The FDA even helped put together the 3rd phase of the MDMA trials with the organization MAPS, in an effort to ensure that results would meet regulation. Kind of would be weird for a US government agency to go that far for compounds in Schedule I of the Controlled Substances list, if there wasn’t an intended legalization coming soon.

And this isn’t the only place where the US government has shown an understanding that psychedelics are coming. On September 2nd of this year, the DEA posted a notice stating an intention to increase psilocybin production for medical research purposes. In fact, the DEA wants increased production of both psilocybin, as well as secondary psychedelic component psilocin. How much? The DEA wants the quota for psilocybin to increase to 1,500 grams from 50, a 2,900% escalation. For psilocin, the increase would be from 50 grams to 1,000.

The psychedelics black market on the web

The internet is a place where a lot of stuff happens, and a good part of it is not on the up-and-up. A lot of people probably forget how censored the place is, and sometimes this is good, especially when it relates to things like child pornography. In fact, the sheer lack of kiddie-porn (and the sheer amount we know is made) means that a lot of power can be wielded over the internet and what ends up on it.

Telegram network

Part of what has propelled the psychedelics black market, and drug black markets in general, has been the advent of the dark web, and apps like Telegram and Signal that fully encrypt information, and can’t be effected by censorship. These apps allow communication between buyers and sellers that can’t be traced, as well as the ability to broadcast information to groups of followers, without law enforcement knowing.

Yet even so, tons of black market retailers set up shop on the regular internet. Now, maybe that stuff gets through because the majority won’t find it nearly as offensive as something like kiddie-porn, which the masses seem okay with putting tax dollars into stopping. How much the masses want money pumped into a continued war on drugs, particularly drugs without a death count, is quite questionable at this point.

Judging from the unregulated (and often untaxed) industry of cannabis compounds including delta-8 THC, which hasn’t been targeted by the government much at all (in fact being practically ignored), it stands to reason that the US government isn’t going to be able to stop a burgeoning psychedelics black market on the web either.

How the psychedelics black market operates on the web

So does this mean that a prospective user can put a search into a browser and land on a site willing to sell and ship out drugs like LSD, magic mushrooms, ayahuasca, MDMA, and more? Apparently, yes. To make it that much more confusing in terms of how technically okay this is or is not, some of these companies employ payment methods like Paypal, Western Union, Zelle, and standard bank transfers for users to pay for these products.

None of the payment methods just listed will generally work with illegal operations. Yet they all can now be found hooked up to sites selling illegal psychedelics from the internet. How did that happen, and will it continue? Hard to say, but that’s the situation now, and a quick look around makes clear it’s not just one or two sites, but dozens. Some of these sites also offer international shipping, meaning its not just US regulation that’s being broken, but possibly the regulations of tons of other countries.

While the psychedelics black market has grown recently, on the web and off, this issue was already an issue over ten years ago. Back in 2009, stories were published about the vast availability of mild-altering drugs being sold online, though most at that time were solely plants, like kratom, salvia, and mushrooms. These headlines are now coming out again, but not as many as would be expected considering the number of online retailers that come up in a search to buy psychedelics online.

psychedelics black market web

While Britain has now mentioned the issue formally here, the US really hasn’t (seemingly ignoring it), with only stories like this published that show actual arrests. This is a good time to remember how much the internet is censored, and how little of that kiddie-porn gets through. The US might like the idea of hiding a problem it can’t fight, rather than having the masses know it exists.

Why it probably matters

I’m not the kind of person who thinks this has to matter. But I’m also the kind of person who knows it can. I have no issue with the use of drugs that aren’t deadly. Hell, I believe people should have the ability to choose what to do with their own lives, even if it does involve a deadly drug – though I don’t love the idea. But not deadly? And especially with the ability to hep with spiritual awakenings, and all kinds of medical and psychological recoveries? Let ‘em have it!!! I support the legalization and use of these compounds, and I don’t even particularly care if the industries are legal or not.

But I do care if they’re clean. And that’s the problem. In fact, it’s a problem with both legal industries and illegal ones. That there is currently no heavy metal testing for vape cartridges says a lot about the ability for legal industries to totally drop the ball with safety measures. An omission like that doesn’t sell the safety appeal of a regulated industry at all, at least not to someone like me.

This, however, does little to undermine how bad the fakes industries have gotten, selling synthetics in edibles and as distillate cartridges, and without any measures in place to ensure products are real, that there won’t be even worse chemical exposure, or that they’re not cut with the kind of ingredients that can cause groups of users to fall over dead. For this reason, I tend to think that a bottom level of regulation is needed to ensure people aren’t being poisoned by someone looking to make a quick buck.

Conclusion

The problem with a psychedelics black market on the web isn’t that psychedelic drugs are being sold. It’s that there’s no way to know if users are getting the right thing, or if what’s being sold is safe at all. But it exists, in a flagrantly in-your-face way, allowing legal payment methods on regular internet sites, for illegal products. And chances are, if the cannabinoid market is any indication, this falls squarely into the no-one-will-do-anything-about-it loophole.

There is certainly something to be said about knowing your drug dealer in life. Sometimes more intimate connections can mean a level of product safety, or ability to trust the seller. If this isn’t an option, however, and you want to buy DMT, ketamine, MDMA, LSD, or any other psychedelic online, just do your homework, and try to make sure you’re getting the right thing. Otherwise, it’s okay to be a bit wary. Not because psychedelics are bad, but because internet vendors often are.

Hello…! Thanks for stopping by CBDtesters.co, your one-stop-shop for the most thought-provoking and relevant cannabis and psychedelics-related news from everywhere in the world. Come visit us daily to stay aware of the ever-morphing world of legal drugs and industrial hemp, and check out the Psychedelics Weekly Newsletter, so you never miss a single thing.

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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