Plus, shifting state laws, and a 100 mg delta-8 gummy.

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Leafly’s September hemp report has novel cannabinews you can use.

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Not all edibles hit the same. Diamond Shruumz chocolate bars are infused with hemp-derived CBD and delta-8, but whatever they’re putting in them is making people sick, according to an alert from the U.S. Food and Drug Administration (FDA).

The FDA issued an alert on June 7, warning people not to eat the chocolate bars. The FDA claims that eight people reported getting ill and six were hospitalized after eating the bars. The reported illnesses took place in Arizona, Indiana, Nevada, and Pennsylvania. Since the bars’ main ingredients were hemp-derived, they can be bought in nearly any state. The reported illnesses were not life-threatening.

“People who became ill after eating Diamond Shruumz-brand Microdosing Chocolate Bars reported a variety of severe symptoms including seizures, central nervous system depression (loss of consciousness, confusion, sleepiness), agitation, abnormal heart rates, hyper/hypotension, nausea, and vomiting.” It’s possible that the reported symptoms were simply delta-8 THC, but those types of products generally don’t lead to hospital visits.

The alert sent shockwaves throughout the media, with reports focusing on the danger of such products on platforms such as Daily Caller. Fox News reports that the chocolate bars contain a blend of nootropic ingredients including hemp-derived compounds.

“Diamond Shruumz- brand Microdosing Chocolate Bars can be purchased online and in person at a variety of retail locations nationwide including smoke/vape shops, and at retailers that sell hemp-derived products such as cannabidiol (CBD) or delta-8 tetrahydrocannabinol (delta-8 THC),” the alert reads. “The full list of retailers is currently unknown, and FDA recommends that people do not purchase or consume any flavor of Diamond Shruumz-brand Microdosing Chocolate Bars from any retail or online locations at this time.”

One microdose chocolate bar, Birthday Cake flavor, is marketed to be “energetic, chillaxed, and euphoric.” However the bars don’t contain any psilocybin or amanita mushroom ingredients.

“There is no presence of psilocybin, amanita or any scheduled drugs, ensuring a safe and enjoyable experience,” the chocolate bar product description reads. “Rest assured, our treats are not only free from psychedelic substances but our carefully crafted ingredients still offer an experience. This allows you to indulge in a uniquely crafted blend designed for your pleasure and peace of mind.”

But the product description also seems to suggest psychedelic, or at least psychoactive effects.

“Individuals can typically anticipate the onset of effects within an average timeframe of 30 minutes to 1 hour after consumption,” the product description reads. “However, it’s crucial to note that this duration can vary based on unique factors, including the person’s body size and metabolism.”

Products that appeal to children are the ones targeted the fastest by the FDA. It’s not clear whether the reported adverse effects from the Diamond Shruumz bars are linked to simply delta-8 THC or another ingredient. 

“This product may appeal to children and teenagers as it is marketed as a candy. Parents and caregivers should consider discussing the information in this advisory with their children and take extra care to avoid this product being consumed by younger people,” the report reads.

“Retailers should not sell or distribute Diamond Shruumz-brand Microdosing Chocolate Bars and should hold the product in a secure location until additional instructions can be provided on how to return or safely dispose of the product.”

FDA Flags Other Infused Edibles

The FDA has gone after edible makers simply for allegedly marketing products to children.

On May 13, 2022, the FDA issued a warning, sounding the alarm about lookalike products that mimic candy and more recently—children’s cereal.

Copycat products that were highlighted in the warning mimic Cap’n Crunch, Cocoa Pebbles, Cocoa Puffs, Froot Loops, Fruity Pebbles, Nerds Ropes, Starbursts, Sour Patch Kids, and Trix, among others.

There are two reasons not to support gray area cannabis products like these: the potential appeal to children being one, and the other being the ethical violation of blatantly ripping off the intellectual property of mainstream food companies. But the FDA was mainly concerned about the physical symptoms that could occur in children.

“The FDA is aware of multiple media reports describing children and adults who accidentally consumed copycat edible products containing THC and experienced adverse events,” the organization wrote. “Additionally, from January 2021 through April 24, 2022, the FDA received over 100 adverse event reports related to children and adults who consumed edible products containing THC.”

Symptoms to look out for include “hallucinations” and “vomiting.”

“Some individuals who ate these edible products reportedly experienced adverse events such as hallucinations, increased heart rate and vomiting, and many required medical intervention or hospital admission,” the warning continues. “Seven of the reports specifically mention the edible product to be a copycat of popular foods, such as Cocoa Pebbles, Nerds Rope, Skittles, Sour Patch Kids, and Starburst.”

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Florida Governor Ron DeSantis is expected to veto a hemp bill that aims to severely limit the sale of hemp-derived products containing delta-8 THC, delta-9 THC, and delta-10 THC—a bill many say would essentially wipe out the hemp industry.

Florida’s Senate Bill 1698, if signed into law, would restrict the sale of hemp products containing THC, “defining the term “total delta-9-tetrahydrocannabinol concentration”; providing conditions for the manufacture, delivery, hold, offer for sale, distribution, or sale of hemp extract; prohibiting businesses and food establishments from possessing hemp extract products that are attractive to children; prohibiting the Department of Agriculture and Consumer Services from granting permission to remove or use certain hemp extract products until it determines that such hemp extract products comply with state law, etc.”

CBS News reports that if he vetoes it, DeSantis would be developing a strategy like “the enemy of my enemy is my friend.” That’s because the hemp industry is in direct conflict with the cannabis industry as both are sources of THC.

“It’s been flying under the radar, but he’s going to veto,” an unnamed source told CBS News. “The marijuana people are furious, and they are scrambling.”

“There was never a thought the Governor would veto the bill,” said a second source. “But they are now signaling that they are going to veto, and I think it would be fair to say he is leaning toward a veto.”

Supporting the hemp industry would be a strange move, given that DeSantis slammed a constitutional amendment to legalize cannabis in Florida.

DeSantis attacked a bill to legalize adult-use cannabis—Amendment 3—which would legalize cannabis for adults 21 and older and allow individuals to possess up to 3 ounces, and up to 5 grams of concentrate.

“The weed one is not just to decriminalize, it’s basically a license to have it anywhere you want,” he said. “No time, place and manner restrictions. This state will start to smell like marijuana in our cities and counties. It will reduce the quality of life.”

In 2016, Florida voters approved medical cannabis, but patients must be diagnosed by a doctor with a qualifying condition. 

Then the 2018 Farm Bill legalized hemp and lawmakers accidentally legalized intoxicating compounds like delta-8 THC. The hemp industry has taken off all across the country.

Politicians on both sides of the aisle seem to be in support of the hemp industry as well. Republican Party of Florida chair Evan Power, is spearheading the growth of the hemp industry. 

“I’ve had conversations with staff on the bill,” Power told CBS Miami. “And he is moving toward a decision. And we hope he doesn’t sign it.”

Florida Democratic Party chair Nikki Fried was a big supporter of hemp when she served as the state Agriculture Commissioner. “Expanding access to cannabis is a non-partisan issue with broad support in Florida,” Fried told CBS Miami. “Hemp products provide relief to millions of Floridians—including veterans, seniors, and patients with chronic pain. Any attempts at regulation should protect consumers, while considering the impact on accessibility for patients and the ability of small businesses to compete.”

Support for Adult-Use Cannabis in Florida

Florida’s vast potential for adult-use cannabis has been highly anticipated since the Sunshine State first moved to introduce medical cannabis in 2016. Trulieve contributed more than $40 million to the campaign, alongside an additional several million dollars from a handful of other medical cannabis treatment centers.

In Florida, measures must gain 60% support in order to pass. A new USA Today/Ipsos survey suggests that a majority of registered Florida voters, 56%, support the measure, with 49% of Florida adults overall. Forty percent said that they would vote against it, and just 4% said that they were unsure.

Democrats and independents were most supportive of the measure (69% and 63%, respectively), while 39% of registered Republican voters  said they would vote in favor of the measure. The survey also found that support varied by region, with those in central Florida more likely to say they are in favor of recreational cannabis legalization than those in north or south Florida (54%, 49%, and 38%, respectively).

While there are no differences in self-reported plans to vote for recreational cannabis legalization by gender or age, white Floridians were more likely than Hispanic Floridians to say they would vote in favor of recreational cannabis legalization later this year (55% vs. 32%, respectively).

Other polls were a bit more hopeful: A November 2023 poll from the University of North Florida found that 67% of respondents said they would vote yes on a constitutional amendment to allow adults in Florida to purchase and possess small amounts of cannabis for personal use. It also notes that 70% of respondents supported recreational cannabis in Florida as of Spring 2023 along with 76% showing support in Spring 2022.

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The U.S. House Committee on Agriculture recently released a 942-page draft of the 2024 Farm Bill, also called the Farm, Food, and National Security Act of 2024, on May 17. Currently the bill is projected to cost $1.5 trillion over a 10-year period. During a Farm Bill hearing on May 23, the committee passed an group of amendments en bloc, one of which would essentially prohibit all hemp-derived products.

In its current form, the amendment would implement a ban on “all ingestible hemp products with any level of THC.” It would also redefine hemp to “only include naturally occurring, naturally derived, and non-intoxicating cannabinoids,” and remove cannabinoids “synthesized or manufactured outside of the plant” from the definition of legal hemp.

The amendment was proposed by Illinois Rep. Mary Miller. “My amendment will close the loophole created in the 2018 Farm Bill that allows intoxicating hemp products like delta-8 to be sold,” Miller said on May 23. “These products are being marketed to children and sending hundreds of them to the hospital. We must stop teenagers and young children from being exposed to addictive and harmful drugs.”

Some representatives expressed support for Miller’s amendment, but requested more information. Tennessee Rep. John Rose explained that more clarification is necessary to separate the “intentional and unintentional products” in the 2018 hemp definition. Virginia Rep. Abigail Spanberger added that she only seeks to make changes that would benefit farmers in her state. “Greater clarity is incredibly important, and particularly for fiber hemp producers, this amendment would make clear the valuable work that they do and make clear the viability of their product,” Spanberger added.

However, many more legislators opposed the amendment, such as Indiana Rep. Jim Baird. He argued that since the 2018 Farm Bill was passed, many farmers have invested everything they had into farm businesses. “American farmers deserve the certainty afforded with the current definition of hemp. The proposed amendment arbitrarily changes the current congressionally written definition of hemp,” Baird said.

While Miller’s amendment is an attempt to protect children, Rep. Derrick Van Orden argued that many Americans have embraced their hemp businesses as their livelihood in order to care for their families. “American farmers deserve the certainty afforded with the current definition of hemp,” said Van Orden. “The proposed amendment arbitrarily changes the current congressionally written definition of hemp.”

Indiana Rep Zach Nunn also echoed this opinion, stating that he wants to work with his colleagues to protect kids from drugs, but the amendment “goes too far” by banning hemp grain and fiber industries.

Many hemp organizations such as the independent nonprofit U.S. Hemp Roundtable immediately released statements regarding the  news. “We had been assured on several occasions by committee staff and the Chairman personally that they would not support any effort to kill the hemp industry,” the organization wrote about the en bloc amendment passage. “But unfortunately, the decision was made by the Chairman to use a procedural tactic to avoid a separate vote on the issue.  And that resulted in passage of a deeply flawed and deeply objectionable policy.”

The Farm Bill and its amendments have been sent to the House floor for discussion, but the U.S. Hemp remains confident that it won’t pass. “Even if the House should pass the Farm Bill, the differences between House Republicans and Senate Democrats are considerable at this point,” the organization continued. “And even if the major issues dividing the parties are resolved, we continue to have many friends in both branches on both sides of the aisle who will work with us to defeat this hemp-killing language.”

Indigenous Cannabis Industry Association founder Rob Pero (also called Bad River) also published a statement expressing concern, especially for the unknown effects such an amendment would have on CBD products. “This would not only impact potentially impairing products like Delta-8 but would also extend to non-intoxicating CBD products with any quantifiable amount of THC” Pero stated. “Such a broad prohibition would effectively eliminate 90-95% of the hemp products market, jeopardizing the livelihoods of countless farmers, entrepreneurs, and Indigenous communities relying on the hemp industry for economic sustainability.”

The National Cannabis Industry Association (NCIA) expressed its recommendations on how to best regulate intoxicating hemp products, as according to its paper, “Navigating the Future of Cannabinoid Regulation.” This includes regulating intoxicating THC hemp products in the same manner as cannabis or alcohol, increasing the THC percentage allowance in hemp products to 1% (up from 0.3%), and creating “reasonable” THC content limits per serving. “Congress has the opportunity to protect public health and support small businesses by enacting sensible regulations for cannabinoid products,” said NCIA CEO Aaron Smith.

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Many legal Texas hemp store owners could soon face a sudden change in the way they operate their businesses. Texas Lt. Gov. Dan Patrick is calling on the Senate to review and consider a ban on delta-8 and delta-9 hemp products.

In April, Patrick notified the Texas Senate to revisit a decision from 2019 that allowed hemp products containing delta-8 and delta-9 THC to become legalized. Later this month on May 29, a hearing with the Texas Senate State Affairs Committee will allow the public to comment about a ban on delta-8 and delta-9 products, to “Examine the sale of intoxicating hemp products in Texas. Make recommendations to further regulate the sale of these products, and suggest legislation to stop retailers who market these products to children.”

Texas has legalized medical cannabis for patients with a qualifying condition, but adult-use cannabis is not legal. Consumable hemp was legalized across the country when the Farm Bill was passed in 2018, and Texas legislators approved a bill to legalize the sale of consumable hemp products in June 2019 with House Bill 1325.

By 2020 the Texas Department of State Health Services had begun to register retail stores (about 1,948 at the time) for the sale of hemp-based products. According to the Texas Tribune, this increased to 8,343 by registered stores by 2023, and by April 2024, the number of registered stores has surpassed 7,700. 

Currently there is no law that limits the number of hemp dispensaries that can operate through the state. In April 2023, the House approved House Bill 1805, which would have established such limits, but it didn’t get a vote in the Senate.

The House has not yet been asked to conduct a similar discussion or public hearing regarding a ban on delta-8 and delta-9 hemp products. However, it’s possible that the issue could escalate after legislators convene the legislative session in January 2025.

While Patrick has put the spotlight on hemp products with THC, this potential move has some hemp business owners concerned. Shayda Torabi has been running a hemp dispensary with her two sisters in Austin, Texas. Together they created the brand, Restart, and Torabi also holds a position as president of the Texas Hemp Coalition. “We’re now seeing the hemp conversation not just in Texas, but nationally, show the pathway for how we can access this plant and really, ultimately help consumers who are seeking relief with cannabis products,” said Torabi. “We’re watching and waiting to see what happens next.”

Torabi’s dispensary carries hemp products made from CBD or low-THC compounds such as THCA, as well as delta-8 and delta-9 through a variety of ways (in gummies, edibles, oils, and flower). Torabi told the Texas Tribune that she welcomes any new regulations that would further legitimize her business. “It is the wild, wild West out there, and I can imagine you’d throw a stone in any direction and find not only new CBD products but the expansion of psychoactive cannabinoids,” Torabi said. “And it’s a double-edged sword. It’s great that we’re giving access to these products where the consumers are, but the lack of regulation is really the crux of the conversation.” She added that illegal products only work to bring her own business down.

Torabi stands by her products, which she said has helped many of her customers treat everyday conditions such as inflammation, depression, insomnia, and more. “We share the same concerns as Patrick, which is why we really do try to self-regulate as much as possible because we see where there can be malintent or taking what the intent was and twisting it,” said Torabi. “It’s a challenging place to be in because I do empathize with the state’s concerns, but the transformative conversations that we’re having on a daily basis are just so powerful, and those shouldn’t be overlooked.”

To Patrick, however, Torabi wants to convey that an outright ban would not be helpful. “We’re simply asking Dan Patrick to not eliminate the market but to further regulate and lean on organizations like ours, and to lean on leading operators like myself at Restart, to really understand and become educated,” Torabi commented.

To ensure that her products are legal and regulated, Torabi’s hemp dispensary only carries products produced in Texas, and only sells delta-8 and delta-9 hemp products to those over 21 (and CBD products to those over 18).

Another local business owner, Nico Richardson, who is CEO of Texas Original, also commented that he is required to follow intense regulations as a medical cannabis provider. In comparison, Torabi is not required to adhere to such rules.

The inventory for Richardson’s business can only be stored in one location, and if for some reason a patient doesn’t pick up their medicine at a store, he has to hire a driver to pick that product back up, and take it back to the storage location. “On the way, my driver passes probably 1,500 hemp dispensaries dealing delta-8 and delta-9 with no restrictions, and it’s everywhere in the state,” said Richardson. “Am I upset about that? Yes. I think it’s absolutely horrendous.”

Texas Original is one of three approved medical cannabis dispensaries, but it’s the only one that also owns and operates dispensaries in the state. When asked about a potential hemp industry shut down, Richardson agreed that more regulations are sorely needed. “It was never the intent here in Texas, and it certainly was never the intent for the 2018 federal Farm Bill, that you’d have a massive industry of—let’s call it what it is—intoxicating hemp derivatives. It’s marijuana by another name,” said Richardson. “That’s certainly not how the system was supposed to run.”

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How We Got Here

If you woke up from a decades-long coma or were dropped onto Earth by aliens, you’d be forgiven for assuming that weed is legal in the United States. It seems like every gas station, corner store, and smoke shop from Miami to Montana is ready to get you some kind of stoned whenever you’d like. Gummies, vapes, pre-rolls, it’s all there with neon weed leaves in the window. 

Of course, cannabis is not legal in the United States. Despite plenty of regulated and taxed state-legal weed sales, the plant is still a Schedule I narcotic in the eyes of the federal government. Hemp, on the other hand, is so legal that you can run it through chemical extractions to synthesize minor cannabinoids, turn it into oil and spray it all over gummies, and hemp pre-rolls and pack it into vape carts and sell it anywhere you want.

Delta 8, Delta 10, HHC, THC-O, THCP, and the rest of the hemp weed pretenders have popped up everywhere for one simple reason: people like to get high and they’ll often take the most convenient and cheapest route to that elevated destination. But as we look forward to a time when weed – real weed – will be legal nationwide, we should already be establishing norms for cannabis that push back firmly against the products of hemp bill loopholes, no matter their legal status.

When the 2018 Farm Bill was signed into law it legalized hemp – defined as any cannabis plant or product that tests at levels lower than 0.3% Delta 9 THC – and set the stage for the eruption of the CBD market. It seems like a lifetime ago now, but CBD edibles, mints, salves, ice creams, lattes, and bottled water were everywhere for a couple of years, advertised as a super supplement that could do everything to make you feel better…except get you high. That was a problem. People got tired of paying $20 for a pint of CBD ice cream or $12 for a CBD latte that didn’t get them high. They wanted to get high.

No worries, the loopholes in the Farm Bill are big enough to fit a Mac truck, it could certainly accommodate a little intoxication. So the hemp green rushers with thousands of acres of plants and vats of CBD extract started getting creative, remixing the CBD with solvents, converting the chemical makeup through isomerization, and spitting out chemical cousins of THC. Delta 8, HHC, THC-0, THCP, the list goes on. They get you high and they’re below the 0.3% THC legal limit, problem solved.

Why Gas Station Weed Sucks

With convenience retailers across the country already used to hawking CBD in every form factor imaginable, the switch to hemp-derived was seamless. And while you, dear High Times reader, likely know better and prefer real weed derived from real weed, there are plenty of people who see weed leaf packaging and the letters THC at the register and see no difference. 

Not only are these minor cannabinoid products synthetically derived from industrial hemp, but they are done so with no oversight, regulation, or consumer protections. From contaminations in the production process to mislabeled products that contain much less or much more cannabinoids than advertised, there is no telling what you’re actually getting when you buy hemp-derived cannabis products. Those certificates of authenticity and lab reports that you can find online? Those are really easy to fake. 

As we’ve seen with synthetic weed aka spice, vitamin e-tainted vape carts, and bogus psilocybin chocolates, if the only goal is to get you high as cheaply and conveniently as possible, bad actors will thrive. 

In an interview with Chemical & Engineering News, Christopher Hudalla, president and chief scientific officer at analytical testing firm ProVerde Laboratories said that after thousands of tests of products labeled as Delta-8 he was horrified at “consumers being used as guinea pigs.”

“My concern is that we have no idea what these products are,” Hudalla said. “So far, I have not seen one that I would consider a legitimate delta-8-THC product, there’s some delta-8 in there, but there’s very frequently up to 30 [chromatographic] peaks that I can’t identify.”

Stoners Have to Stand Up For Real Weed

We have arrived at a point in American culture where it is socially acceptable to sell intoxicating products labeled as weed on gas station counters, and so as real weed continues to legalize state-by-state and eventually nationwide, it will be on the cannabis culture to push back, not only to make sure our fellow consumers are safe, but also to make sure that real weed growers and sellers – legal and illegal alike – can continue to survive in the changing industry.

From stoners to cannabis brands and figures in the culture to pro-legalization lawmakers, we need an all-hands-on-deck push back against loophole weed. Make sure your once in a blue moon smoker friends know the difference, make sure your parents know the difference, make sure your customers know the difference, and no matter how economically appealing it may be to jump at the bag of money, don’t put your weed brand’s logos on Delta 8 vapes to cash in at corner stores. 

Cannabis has always been about more than just getting high – especially when the one note high from Delta 8 is unreliable and simply not the same – it’s about exploring the plant’s expressions through terpenes, cannabinoids, and the people that make it possible. 

Buying real weed is easier and cheaper than ever before. There are delivery services in every major city, not to mention some form of legal dispensary, unregulated bud boutique, or good old fashioned weed dealer open in every zip code in the country – handing any part of the market over to faceless edible and vape companies turning industrial hemp CBD extract into unrecognizable synthetic cannabinoids doesn’t do anyone any good.

Mids, exotics, outdoor, deps, indoor, new strains, old strains, brick weed full of seeds and stems – we deserve a weed industry, culture, and public reputation that centers the plant and rejects Delta 8 and its frankenstein synthetic cannabinoid cousins. 

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Illinois lawmakers last week joined representatives of the licensed cannabis industry to call for a ban on intoxicating hemp products including delta-8 THC. Under one proposal, non-intoxicating hemp products would be regulated with rules for licensing hemp businesses and the testing and labeling of hemp products. Synthetically produced hemp products such as delta-8 THC, however, would be banned by the legislation.

The 2018 Farm Bill legalized hemp agriculture and hemp products, ending the prohibition of the crop that had been in place for decades. However, the legislation failed to regulate hemp cannabinoids, leading to a proliferation of intoxicating hemp products such as delta-8. As a result, intoxicating hemp products are widely sold at unregulated outlets such as convenience stores, gas stations and smoke shops, often without any age restrictions or regulatory oversight.

State Representative Eva-Dina Delgado, the mother of a teen, said at a press conference on Thursday that young people are buying intoxicating hemp products from local and call the use of them “greening out.”

“It scares me to my core to think about young people putting that in their bodies and we just have no idea what’s in it,” she said.

Many states have been implementing legislation to regulate hemp products, with some calling for a ban on delta-8 and similar intoxicating cannabinoids. At a press conference at the Illinois Capitol in Springfield on Thursday, lawmakers, regulators and owners of licensed cannabis businesses unveiled a proposal to regulate hemp products. Under the proposal, Senate Bill 3926, hemp products such as CBD could be produced by licensed businesses complying with testing and labeling requirements. Synthetically produced cannabinoids such as delta-8 would be banned.

“The goal of this legislation is to empower consumers ensuring that they know exactly what they’re consuming and what they are,” Tiffany Chappell Ingram, the executive director of the Cannabis Business Association of Illinois, said at last week’s press conference. “We also want to protect the public health and maintain the integrity of our state’s long-fought-for legal cannabis industry, which is undermined by these unregulated products.”

Delta-8 Products Copy Popular Brands

A table at the news conference was filled with delta-8 products including candy and snacks purchased at unregulated outlets that proponents of the bill say pose a danger to young people. Many of the products were designed to imitate popular brands, including one bag of corn chips labeled “Fritos” which had small cannabis leaves on the products.

“Without regulation, we have no idea what is really in these products,” Joseph Friedman, the former CEO of the former cannabis dispensary PDI Medical, said during Thursday’s press conference. “That should be concerning to us all, especially since some of these intoxicating products are chemically modified, and widely available to young folks, teenagers and kids.”

The legislation includes provisions to penalize those who violate its hemp regulations. A first offense would be subject to a fine of $1,000, while a second offense within three years would carry a fine of $5,000. Subsequent violations of the legislation within three years would be assessed a fine of $10,000.

Ron Miller, a co-owner of his family-run licensed cannabis businesses Navada Labs and BLYSS Dispensary, said that allowing unregulated intoxicating hemp products amounts to unfair competition for the regulated marijuana industry.

“It is deeply disheartening and, frankly, a betrayal by the state to allow these shops to pop up and call themselves dispensaries,” Miller said at the news conference on Thursday, according to a report from Capitol News Illinois.

State Senator Celina Villanueva warned about the potential impact on Illinois residents if the state does not adopt regulations to govern hemp products.

“Without proper oversight, consumers are left vulnerable to a myriad of risks from unknowingly consuming products with inaccurate THC levels to encountering harmful contaminants,” Villanueva said. “The absence of regulation leaves too much to chance.” 

Illinois Hemp Companies Oppose Legislation

After last week’s press conference, those opposed to the legislation argued their case. Charles Wu, a co-founder of Chi’Tiva, a business with hemp stores in the Illinois cities of Chicago and Worth, said the proposed ban was a “money play” to eliminate competition.

“We want to operate responsibly and on a level playing field,” Wu told the Chicago Tribune. “This would put us out of business.”

State Representative La Shawn Ford has introduced alternative legislation that would allow the sale of intoxicating hemp products. However, the bill requires such products to be tested, labeled and taxed. Banning intoxicating hemp products, the lawmaker said, only creates an unregulated market for them.

“This is so strange and hypocritical,” Ford said. “Just because you ban a product doesn’t mean it’s going away. We need to tax and regulate it.”

Senate Bill 3926 was introduced on April 10 and has been referred to the Senate Assignments Committee. Ford’s bill was assigned to the House Rules Committee in October.

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On Feb. 6, a lawsuit was filed in the U.S. District Court in Georgia by resident Hannah Ledbetter against 12 cannabis companies. The claim alleges that all of the companies mentioned have sold cannabis products as delta hemp products instead of cannabis products and is asking for a total of $150 million. The companies listed include STIIIZY, LLC; Cookies Creative Consulting and Promotions; Cloud 9 Online Smoke & Vape, LLC; Green Rush LLC dba Xhale City; TheSY LLC dba Element Vape; Savage Enterprises; Delta Extrax; L&K Distribution; Columbia Laboratories; PharmLabs; Encore; and Pur ISO Labs LLC.

The plaintiff claims she was deceived by the companies into buying federally illegal products that were being sold as federally legal hemp products (with 0.9% THC or less). “Defendants have conspired to import, manufacture, distribute, and possess illegal (delta-8) THC vape pens that are marijuana,” the lawsuit stated. “This scheme could only be accomplished through a pattern of racketeering activity.”

According to Justia, a “racket” refers to a single fraudulent service, while “racketeering” defines multiple illegal activities, usually done collaboratively through a group via organized crime. The Racketeering Influenced and Corrupt Organizations (RICO) Act describes racketeering activity with crimes such as fraudulent offenses, murder, kidnapping, drug trafficking, bribery, and more. 

Ledbetter purchased delta-9 THC products from Cloud 9, Element, Xhale City and/or Xhale Franchise locations in and near Atlanta, Georgia. She alleges that the products contained far more than what is legally acceptable by law. The lawsuit claims that all cannabis companies named “have facilitated the manufacturing, distribution, and/or sale of illegal marijuana to thousands of people over the course of the last four years.”

Ultimately, the lawsuit summarizes its accusation. “In essence, [customers of the defendants] are paying for legal hemp-derived THC but are receiving illegal marijuana, which has created millions of dollars of fraudulent profit,” it stated.

Ledbetter’s team is accusing the defendants of finding third party testing labs Columbia Laboratories in Oregon, and Encore and Pharmalabs SD in California, that would issue false certificates of analysis for the five products. Results showed that “the hemp-derived D9 variance levels that was in excess of the legal limit” included hemp-based vape pens with the following strains: Cookies’ Huckleberry “Gelaot” (assumedly Gelato but there is a typo in the lawsuit text), Extrax’s Forbidden Jelly and Power Plant, Looper’s Blue Gusherz, and STIIIZY Hemp’s OG Kush.

“To facilitate this fraud, the Lab Defendants knowingly created false test results that were advertised over the internet hundreds of times for publication and marketing through the wires, and such activity is wire fraud,” the lawsuit continued.

According to an article published by Green Market Report, a STIIIZY spokesperson said in an email statement that the lawsuit “contains absolutely no factual evidence to support its conclusory and baseless claims against STIIIZY. We intend to defend ourselves vigorously against this meritless lawsuit and seek to have it dismissed since it has no factual basis.” At the time of publishing, Cookies and other defendants had not yet provided a statement.

The lawsuit calls on the court to determine it as a class action lawsuit, which must first be granted by a federal judge. RICO lawsuits state that plaintiffs are entitled to three times the listed damages, and this lawsuit requests $50 million for damages, referencing “treble” damages, which means that a successful lawsuit could lead to the plaintiff receiving up to $150 million.

A similar lawsuit was filed in California last summer between the state of California and nine individual cannabis companies based in California, Massachusetts, Nevada, New Mexico, Oregon, Vermont, or Wyoming. The lawsuit claimed that cannabis products should include a Proposition 65 warning label on delta-9 THC cannabis products, because it is “known to cause harm to the developing fetus.”

According to California Attorney General Rob Bonta, the potential dangers of illegal hemp products should be addressed. “I want to be clear: The sales of industrial hemp products that do not comply with California law, and the illegal sale of inhalable hemp in California will not be tolerated,” said Bonta. “The dangers of these products must be communicated for sale to the public, and the sale of all industrial hemp inhalable products must cease altogether. The California Department of Justice will continue to protect the legitimate businesses who are operating responsibly in this space. There is no room for illegal inhalable hemp products in our state.”

The rise in hemp-derived cannabis products began after the 2018 Farm Bill was passed. It authorized the use and sale of hemp-based products, mainly CBD. Since then, many state legislators have introduced bills to regulate such products. One of the latest examples of this was seen in Missouri last December, when Sen. Nick Schroer introduced Senate Bill 984, also titled the “Intoxicating Cannabinoid Control Act.” If passed, the bill would regulate delta-8 THC products as cannabis, not hemp. The most current action for SB-984 includes Senate Judiciary and Civil and Criminal Jurisprudence Committee hearing held on Feb. 12.

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The season of love is best celebrated with sweet treats in hand. Check out 3CHI’s romantic treats for delta-9 products made with passion.

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