Republicans have proposed a return to prohibition.

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Over one-fifth of adults in America reported using hemp-derived cannabinoids such as cannabidiol (CBD) and delta-8 tetrahydrocannabinol (THC) in a survey of responses collected last summer. 

Researchers not only identified the extent of how popular hemp-derived products are, but emphasized that states that prohibit cannabis lead to a higher rate of delta-8 THC use—probably because that’s all people can get legally in those states.

The study, “Past-Year Use Prevalence of Cannabidiol, Cannabigerol, Cannabinol, and Δ8-Tetrahydrocannabinol Among US Adults,” was published Dec. 13 in the Journal of the American Medical Association (JAMA) and referenced data gathered in a 2019 Gallup poll.

According to the new findings, 25.2% of adults reported past-year use of any emerging hemp-derived cannabinoid, including delta-8 THC, CBD, cannabigerol (CBG), cannabinol (CBN), etc. Of those, 21% of adults said they had used CBD specifically. Other products derived from hemp had lower rates of use: 11.9% of the survey respondents reported using delta-8 THC, 5.2% reported using CBG, and 4.4% reported using CBN—one of the least significant cannabinoids. 

The study was written by doctors Adrianne R. Wilson-Poe, Tristin Smith, Michael R. Elliott, Daniel J. Kruger, and Kevin F. Boehnke. “We provide the first estimates, to our knowledge, of past-year use prevalence of CBN, Δ8-THC, and CBG in the US. A Gallup poll reported that 14% of US adults personally used CBD in 2019; our reported 21% use prevalence of CBD represents a 50% increase over the past 4 years,” researchers wrote. 

“Prevalence of past-year cannabis use was somewhat higher than in other studies but was similarly associated with younger age, and past-year cannabis use was also associated with using emerging cannabinoid products,” the report continues. “Higher Δ8-THC use in states without medical or adult-use cannabis laws suggests that cannabis prohibition may unintentionally promote Δ8-THC use. There are few controlled human studies with emerging cannabinoids, but surveys suggest these products are used for treating sleep or pain¹ and in place of other drugs, including pain medications.”

The researchers noted that hemp products are frequently psychoactive, and these are the main compounds they’re concerned with.

“Based on these results, we support ongoing public health surveillance efforts targeting emerging cannabinoids because of lack of industry standards to protect consumers and similar pharmacology or effects of Δ9-THC and its hemp-derived impairing analogues (eg, Δ8-THC), which may be of particular concern for adolescents and young adults,” the study reports. “Study limitations included not assessing emerging cannabinoid use patterns (eg, dose and use frequency) and possible sampling biases, although NORC implements probability-based recruitment best practices for their AmeriSpeak panel. Our results highlight the importance of future research to better understand perceptions of safety, motivations for use, and outcomes of use of these products.”

Researchers cautioned that the products are not regulated and could put patients at the risk of adverse effects from unknown contaminants. 

The 2018 Farm Bill legalized the cultivation and sale of hemp, and it created a legal loophole, allowing hemp-derived products that are now sold online and at smoke shops, gas stations, and other retailers. 

Medscape reports that the U.S. Food & Drug Administration (FDA) does not regulate hemp-derived products; therefore, no federal standards exist for testing ingredients for safety or verification of ingredients as listed on labels. 

“If someone is picking up one of these products to use medically, and it ends up having heavy metals and pesticides and it doesn’t even have the active ingredient in it, that is not good,” said Kevin F. Boehnke, PhD, a research assistant professor in the Department of Anesthesiology and the Chronic Pain and Fatigue Research Center at the University of Michigan in Ann Arbor. 

Prohibition Leads to Delta-8 Use

In states where medical cannabis is legal, residents had 56% lower odds of using delta-8 THC, whereas those in states where adult-use cannabis is legal had 55% lower odds of using delta-8 THC than those surveyed in states without legalization. 

The findings suggest “cannabis prohibition may unintentionally promote delta-8-THC use,” Boehnke and his colleagues wrote. 

Alice Kuo, MD, PhD, a pediatrician and professor of internal medicine and pediatrics at the David Geffen School of Medicine at the University of California in Los Angeles, told Medscape that she has seen a large increase in patients who say they use cannabinoid products, and believe them to be “natural.”

“My official response to patients who ask me for my opinion is that I don’t have enough scientific background to give an opinion: If you think it helps you and you have no side effects, then I’m not going to tell you to stop,” Kuo said. 

The FDA warns about delta-8 THC and similar products, which it says are products that have not been proven to be safe.

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In the five years since the 2018 Farm Bill legalized hemp and hemp-derived products in the U.S., the market for hemp-derived cannabinoids has skyrocketed. Specifically, hemp-derived THC products — including the less potent but still psychotropic delta-8 THC — have seen a huge boost in popularity, acting as an alternative that can still get consumers high.

While hemp-derived THC products are widely available, even in states with legal adult-use cannabis programs, the emerging industry is especially advantageous for people who are otherwise unable to purchase legal cannabis in states that have yet to enact reform measures.

With this changing landscape, a new study sought out to further investigate the trends surrounding these less-known cannabinoids. Ultimately, the research published by the American Medical Association (AMA) confirmed that cannabis prohibition did indeed turn consumers toward the hemp-derived cannabinoid market. 

The study suggests that lack of legal cannabis laws in a variety of states may be promoting the still-unregulated hemp-derived cannabinoid market, including intoxicating cannabinoids like delta-8 THC.

A Closer Look at Hemp-Derived Cannabinoid Usage

The federally funded research, published in the journal JAMA Network Open, claims to be the first-ever set of scientific data examining trends on emerging cannabinoids like delta-8 THC, CBG and CBN, along with updated trends on CBD consumption.

To examine these trends, researchers at the University of Michigan, University at Buffalo and Legacy Research Institute looked at survey data from 1,169 adults between June 22 and 26, 2023. They assessed past-year cannabis, CBD, delta-8 THC, CBG and CBN use and whether participants had heard of emerging cannabinoids during the past year.

Among the participants, 26.3% reported past-year cannabis use and 71.7% had heard of CBD, compared to 41.2% for delta-8 THC, 18.4% for CBG and 16.8% for CBN. CBD use saw a 50% increase over the past four years, with 21.1% reporting past-year CBD use. The progression likely points to the broader accessibility of CBD after the signing of the 2018 Farm Bill.

Regarding past-year use for other cannabinoids, 11.9% reported using delta-8 THC, 5.2% used CBG and 4.4% used CBN. Looking broader, 25.2% of total participants reported past-year use of any emerging cannabinoid. 

Researchers also found that residing in states with medical or recreational cannabis laws was negatively associated with delta-8 THC use, likely because consumers already had the ability to legally purchase THC products sourced from cannabis.

Cannabis Prohibition: An Unintentional Push to Delta-8 THC?

Authors note that this study provides the first estimate of past-year prevalence of CBN, delta-8 THC and CBG use in the U.S. The study also notes that prevalence of past-year cannabis use was “somewhat higher” than in other studies, though they still found that this trend was associated with younger age groups. Past-year cannabis use was also associated with the use of emerging cannabinoid products.

“Higher delta-8 THC use in states without medical or adult-use cannabis laws suggests that cannabis prohibition may unintentionally promote delta-8 THC use,” researchers said. The study noted that, among those who used cannabis in the past year, those living in states without recreational cannabis laws were more than twice as likely to have used delta-8 THC.

While there are few controlled human studies surrounding emerging cannabinoids, researchers point to the current survey data available suggesting that these products are typically used to treat sleep or pain in place of other drugs.

“Based on these results, we support ongoing public health surveillance efforts targeting

emerging cannabinoids because of lack of industry standards to protect consumers and similar

pharmacology or effects of delta-9 THC and its hemp-derived impairing analogues (eg, delta-8 THC), which may be of particular concern for adolescents and young adults,” researchers conclude.

The Future of Hemp-Derived Cannabinoids

Regulating hemp-derived cannabinoids has been a hot topic in recent years, in that the market for intoxicating cannabinoids like delta-8 THC has regularly been described by lawmakers as an “unintended consequence” of the 2018 Farm Bill. Some states have opted to ban such cannabinoids or regulate intoxicating cannabinoids independently from CBD.

Back in May, Drug Enforcement Administration (DEA) officials explained that synthetic cannabinoids are banned and that the administration is in the process of developing a rule to formally clarify this policy. Later in 2023, a newly revealed email provided written confirmation that delta-8 THC synthesized from legal CBD is considered a prohibited controlled substance by the DEA.

It’s expected that some of these issues will be addressed in the next iteration of the Farm Bill, which has been delayed from this year until 2024.

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Last Prisoner Project highlighted some startling realities despite recent promises and movement at the federal level to loosen laws around the prohibition of cannabis. 

One year after President Joe Biden pledged to expunge certain low-level cannabis convictions, Last Prisoner Project released its State of Cannabis Justice Report last week. While promises have been made, has anyone actually been released from prison?

On Oct. 6, 2022, Biden announced historic steps to advance the end of cannabis prohibition in the country by pardoning over 6,500 individuals for low-level cannabis offenses. And while it was a baby step in the right direction—”no one was actually released from prison,” Last Prisoner Project announced.

In addition, President Biden initiated a scheduling review of cannabis to lower it from Schedule I to Schedule III. But unless cannabis is fully descheduled, it would also not free any of the approximately 3,000 people who are still incarcerated at the federal level for cannabis.

“Justice is not achieved through mere legalization alone but by undoing the harms caused by cannabis prohibition,” the report announcement reads. “Twenty-four states have enacted cannabis-specific record clearance laws, and ten states have enacted cannabis-specific resentencing laws. Our report allows the public to compare, contrast, and learn more about each state’s effort to ameliorate the consequences of cannabis conviction.”

While a year has passed since Biden’s pledge, few things have changed for cannabis laws in the U.S.

“As we mark the first anniversary of President Biden’s cannabis proclamation, Last Prisoner Project reaffirms its dedication to the pursuit of justice, equity, and compassion,” the announcement continues.” We remain committed to dismantling the harmful legacy of the War on Drugs and ensuring that those affected by cannabis prohibition are not forgotten.”

What You Can Do

There are several ways LPP provides volunteers with tools to take action with small but effective deeds that can change the life for individuals impacted by the drug war.

Most people incarcerated for cannabis are convicted at the state level, it turns out. That’s why LPP wants volunteers to send thousands of letters from the public urging their governors to grant cannabis clemency through our Pardons to Progress campaign. 

LPP is also uplifting the voices of specific people who are harmed by cannabis criminalization through their Pen to Right History campaign. This includes people like Richeda Ashmeade, whose father is serving a 22-year sentence for cannabis. LPP commends the steps taken by President Biden so far, but they also want to urge the President to “right history by granting broad cannabis clemency–which he could achieve with the stroke of a pen.”

LPP focuses on three key criminal justice reform initiatives: prisoner release, cannabis record clearance, and reentry support. 

Arrests Continue

Mutulu Olugbala, aka M-1, of dead prez, was appointed to LPP’s Board of Directors, and performed in collaboration with LPP last March. 

He pointed out that people need to see the bigger picture. “It’s plain to see that the U.S. agenda of mass incarceration is still their priority,” M-1 told High Times last June. “This is glaring due to the changed public perception and recent decriminalization of cannabis. These contradictions expose the depth of injustice in this country as the undeniable power of plant medicine continues to grow.”

According to the FBI’s Crime Data Explorer, state and local law enforcement agencies reported 170,856 arrests for cannabis possession in 2021, slightly down from over 226,000 in 2020. 

There are many examples of lives that have been ruined by the federal prohibition of cannabis, but some progress has been made.Some progress has been made.. Richard DeLisi served 32 years of a 99-year sentence for a nonviolent crime. He was released from prison on Dec. 8, 2020. But during his time in prison, DeLisi’s wife and other family members passed away. His daughter was paralyzed, and he missed many memories. At age 71, he was released from prison in Florida, making him the longest-serving, nonviolent cannabis prisoner in the U.S. People like DeLisi deserve to have an early hand in legal cannabis, probably more than anyone.

Another example is California cannabis prisoner Luke Scarmazzo was freed from prison on Feb. 3. “Today, after serving nearly 15 years in prison for operating a cannabis dispensary, I was granted my freedom,” Scarmazzo wrote on his Facebook page. “The feeling is surreal. We’ve worked toward this day for so long. This was a huge victory for my family, friends, community and the entire cannabis movement. I’ll take a moment to enjoy this, but make no mistake, there’s still much work to be done—my people need to be free—and that hard work begins now.

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These videos may elicit ironic laughs or winks, but they’re also a reminder of how absurd the War on Drugs and anti-drug messaging has been.

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California stores can no longer sell flavored vape, e-cig, and tobacco products, including some Swisher Sweet and Backwoods items.

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The psychoactive mushrooms remain legal to purchase online for educational and spiritual purposes.

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The US grew 554 more metric tons of adult-use cannabis in the past year than in 2021. Still, the crop’s value fell by $1 billion.

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Proponents accused the state of delaying the signature validation process to keep the measure off the ballot. It will appear on the 2024 ballot, or sooner.

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New York officially began accepting applications for recreational cannabis dispensaries on Thursday, a milestone in the Empire State’s new era of legalization.

The state’s Office of Cannabis Management said that the window for the first round of applications will run until September 26.

As previously announced earlier this year, the first dispensary licenses will be awarded to individuals with cannabis-related convictions on their record, or family members of individuals who have been convicted of pot-related offenses, a program known as the “Seeding Opportunity Initiative.”

“Today’s announcement brings us to the precipice of legal, licensed cannabis sales in New York State,” Tremaine Wright, chair of the Cannabis Control Board, said in a statement on Monday. “With the Seeding Opportunity Initiative, New York has affirmed our commitment to making sure the first sales are conducted by those harmed by prohibition. We’re writing a new playbook for what an equitable launch of a cannabis industry looks like, and hope future states follow our lead.”

Chris Alexander, the executive director of the Office of Cannabis Management, said that the launch of the application period marked a “monumental step in establishing the most equitable, diverse, and accessible cannabis industry in the nation.”

“We’ve worked to make this application as simple as possible for all interested applicants, and I cannot emphasize it enough that you do not need any legal expertise to fill this application out,” Alexander said.

The state announced the initiative back in March, with Alexander saying at the time that at least the first 100 dispensary licenses would be awarded to individuals with convictions.

Since legalizing recreational pot for adults last year, New York has made a concerted effort to do right by individuals and communities who were most adversely affected by cannabis prohibition.

In January, New York Gov. Kathy Hochul announced the creation of a $200 million fund to support social equity applicants looking to enter the state’s new legal cannabis industry.

“New York’s legalized cannabis industry is in development, with the State expecting to issue licenses for adult recreational use. But the rise of what is estimated to be a $4.2 billion industry must create opportunities for all New Yorkers, particularly those from historically marginalized communities,” the governor’s office said in the announcement at the time.

“In support of that goal, Governor Hochul will create a $200 million public-private fund to support social equity applicants as they plan for and build out their businesses,” the announcement continued. “Licensing fees and tax revenue will seed the fund and leverage significant private investment.”

Last month, Hochul announced a $5 million grant to the state’s community colleges in support of “programs that will create or enhance non-degree and degree-eligible courses and programs, stackable credentials, and/or microcredentials that quickly address local employer skill needs within the cannabis sector, a projected multi-billion dollar industry with tens of thousands [of] jobs.”

“New York’s new cannabis industry is creating exciting opportunities, and we will ensure that New Yorkers who want careers in this growing sector have the quality training they need to be successful,” Hochul said in the announcement. “Diversity and inclusion are what makes New York’s workforce a competitive, powerful asset, and we will continue to take concrete steps to help ensure everyone has the opportunity to participate in the cannabis industry.”

The community colleges selected for the grant “must also partner with local employers in the cannabis industry and receive their input on curriculum development,” the state said last month, adding that “the New York State Department of Labor and the Office of Cannabis Management will support efforts to expand learning opportunities by helping to connect businesses and job seekers to these essential training programs.”

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