What you need to know about the impending federal hemp ban. Hemp access isn’t done yet & here’s what you can do!

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We looked into our crystal bong and this is what we saw.

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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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DCC launched the Real CA Cannabis initiative to help consumers find licensed dispensaries & regulated products.

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Nearly two dozen attorneys general from across the country wrote a letter to congressional leaders this week, urging them to enact legislation to federally regulate intoxicating hemp products. In the letter, the top law enforcement official from 21 states wrote that the legalization of hemp with the 2018 Farm Bill has resulted in “the proliferation of intoxicating hemp products across the nation and challenges to the ability for states and localities to respond to the resulting health and safety crisis.”

The letter, dated March 20, was addressed to the committee chair and ranking minority members of the Senate Committee on Agriculture, Nutrition, & Forestry and the House Committee on Agriculture. The correspondence was led by Indiana Attorney General Todd Rokita and Arkansas Attorney General Tim Griffin, both Republicans, and co-signed by the attorneys general of 19 additional states, including Democrats and Republicans.

In their letter, the state officials call on the leaders in Congress “to address the glaring vagueness created in the 2018 Farm Bill.” The legislation has led to the proliferation of products containing psychoactive novel and minor cannabinoids that can be derived from hemp, including delta 8 THC, THCA, HHC and others.

“The reality is that this law has unleashed on our states a flood of products that are nothing less than a more potent form of cannabis, often in candy form that is made attractive to youth and children — with staggering levels of potency, no regulation, no oversight, and a limited capability for our offices to rein them in,” reads the letter.

To address the issue, regulators and lawmakers in many states across the country are seeking ways to stem the tide of unregulated intoxicating hemp products, arguing that they pose a health risk, particularly to young people. Advocates for tighter controls on intoxicating hemp products in states with legal weed note they pose a competitive threat to licensed marijuana businesses, which face the high costs and taxes often associated with the regulated pot industry.

Regulating intoxicating hemp products has been resisted by some businesses and industry advocates. Some companies marketing intoxicating hemp products have filed lawsuits to block new regulations, arguing that the 2018 Farm Bill specifically legalizes hemp-derived cannabinoids other than delta-9 THC.

These legal actions have produced mixed results. In Arkansas, a federal judge issued a preliminary injunction in September that bars the implementation of a law to ban intoxicating hemp products. 

“These inconsistent court rulings are part of the reason I have urged Congress to step in and create consistency across the nation to protect our children from these dangerous drugs,” Griffin said in an email to Politico.

California Attorney General Bonta, one of the attorneys general who signed the letter to congressional leaders, said that intoxicating hemp products constitute a health risk for young people.

“Our children deserve better,” Bonta said in a statement. “The 2018 Farm Bill, however well-intentioned, created a loophole that has led to the proliferation of products, often containing synthesized cannabinoids, that are more intoxicating than legal and regulated cannabis products. These products often take the form of candy and are designed to appeal to young people and children. California prohibits intoxicating cannabinoids in hemp products, whether naturally derived or synthetic. The California Department of Justice will continue to protect the legitimate businesses who are operating responsibly in this space.”

The letter calls on the leaders of the congressional agricultural committees to take action to regulate intoxicating hemp products by redefining hemp in the next farm bill, which is currently being debated in Congress. The legislation, which guides policy on a wide range of issues related to agriculture, is updated every five years, although progress on last year’s anticipated renewal of the legislation was delayed to this year.

“The reason Congress needs to act is that its definition of industrial hemp is the original source of the problem and the confusion that has sprung up around what is allowed and what’s not allowed under state and federal law,” Indiana Solicitor General James Barta said in an interview with Politico.

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As of the California State Legislature ended on Sept. 14, more than 17 cannabis or psychedelic bills were sent to California Gov. Gavin Newsom to potentially be signed. The bills include a wide variety of proposals, which Newsom must either sign, veto, or refuse to sign and allow them to be approved without his signature.

In the past, Newsom has expressed support for cannabis and psychedelics, but it is currently unclear which of these 17 bills he will support. However, he has under one month, or until Oct. 14, to address the following bills.

SB-51: Cannabis provisional licenses: local equity applicants

Social equity applicants would be permitted to apply for or renew their provisional licenses between now and January 1, 2031. Currently, provisional licenses are not being accepted in California.

SB-58: Controlled substances: decriminalization of certain hallucinogenic substances.

This bill was passed on to the Gov. on Sept. 13, and would legalize possession, cultivation, and transportation of substances such as psilocybin, psilocyn, DMT, and mescaline. The bill is led by Sen. Scott Weiner, who believes that it will help many patients, especially military veterans, within the state. “California’s veterans, first responders, and others struggling with PTSD, depression, and addiction deserve access to these promising plant medicines,” said Wiener when the bill passed in the Assembly. “SB-58 has prudent safeguards in place after we incorporated feedback from three years of deep engagement with a broad array of stakeholders. We know these substances are not addictive, and they show tremendous promise in treating many of the most intractable conditions driving our nation’s mental health crisis. It’s time to stop criminalizing people who use psychedelics for healing or personal well-being.”

SB-302 Compassionate Access to Medical Cannabis Act

While only terminally ill patients are currently allowed to use medical cannabis at healthcare facilities, this bill would allow anyone over 65 to treat chronic illness with medical cannabis if they choose. The bill is an expansion of the currently existing Compassionate Access to Medical Cannabis Act, or Ryan’s Law.

SB-540: Cannabis and cannabis products: health warnings

If passed, SB-540 would instruct the Department of Cannabis Control to make an education brochure that would be given to consumers when they purchase products from a dispensary for the first time (both at a retail store or upon delivery). The info would be updated on January 1, 2030, and every five years after that date.

SB-622: Cannabis regulation: plant identification program: unique identifier

A proposal from Sen. Ben Allen and Juan Alanis would change how cannabis products are identified with “a unique identifier to be recorded in a manner as determined by the department by regulation.” The bill doesn’t directly mention removing the plastic tags that are currently used to track cannabis plants, but it could allow digital tags to be utilized in the future for a more sustainable, ecofriendly approach.

SB-700: Employment discrimination: cannabis use

This bill would ban employers from inquiring about an applicant’s personal cannabis use, which is added to current applicant protections from the already existing California Fair Employment and Housing Act. According to Sen. Steven Bradford, 

SB-753: Cannabis: water resources

With the preservation of groundwater and environmental harm, this bill would make it a felony to grow and harvest more than six cannabis plants, especially if it is grown “Intentionally or with gross negligence causing substantial environmental harm to surface or groundwater, public lands, or other public resources.”

SB-833: Cannabis licensing: cultivation licenses: changing license type: inactive status

Currently, cannabis cultivators who wish to change their license status to a smaller grow to inactive (whether permanently or just temporarily), must redo the complete process through the Department of Cannabis Control (DCC). This bill would allow them to make this change through the DCC without resubmitting their application in its entirety.

AB-374: Cannabis: retail preparation, sale, and consumption of non cannabis food and beverage products

Presented to the governor on Sept. 15, AB-374 would make “Amsterdam-style” cannabis cafes legal. With approval, dispensaries will be able to offer non-cannabis food and drinks, as well as “live musical or other performances on the premises of a licensed retailer or microbusiness in the area where the consumption of cannabis is allowed.” According to the bill sponsor, Assemblymember Matt Haney believes the bill would benefit consumers and also cities. “Lots of people want to enjoy legal cannabis in the company of others,” Haney said. “And many people want to do that while sipping coffee, eating a scone, or listening to music. There’s absolutely no good reason from an economic, health or safety standpoint that the state should make that illegal. If an authorized cannabis retail store wants to also sell a cup of coffee and a sandwich, we should allow cities to make that possible and stop holding back these small businesses.”

AB-623: Cannabis: citation and fine

According to current California law, cannabis laboratory testing is conducted by testing a batch of products to ensure that “the chemical profile of the sample conforms to the labeled content of compounds.” In order for licensed labs to test edibles and issue a certificate of analysis, the report must show “that the milligrams of THC per serving does not exceed 10 milligrams per serving, plus or minus 10%.” In other words, the certificate excludes products with less than 10 mg THC (such as low-dose edibles with only 5 mg THC). If passed, AB-623 would require new DCC regulations that keep low-dose edibles in mind.

AB-993: Cannabis Task Force

This bill would add representatives from the Civil Rights Department and the Department of Industrial Relations, the existing cannabis task force in California.

AB-1021: Controlled substances: rescheduling

This bill would allow California health care professionals to prescribe cannabis if it reschedules any Schedule I substance. Current Schedule I substances include cannabis, as well as LSD, heroin, peyote, ecstasy, and more.

AB-1126: Cannabis: citation and fine

This proposal would ban the use of the universal cannabis symbol on cannabis packaging for products that are not authorized to use it. Any companies using the symbol without approval will be seized by the California Department of Tax and Fee Administration.

AB-1171: Cannabis: private right of action

Legal action would be permissible for cannabis business license owners against illegal cannabis businesses in the California Supreme Court.

AB-1207: Cannabis: labeling and advertising

This bill would potentially alter the definition for cannabis product packaging, by “prohibiting the sale, distribution, or manufacture of cannabis, cannabis products, packaging, or labeling that are attractive to children, as defined.” It further prohibits imagery including cartoons, toys, robots, real or fictional humans, fictional animals or creatures, as well as fruits or vegetables (unless it’s used to describe the flavor of the product).

AB-1448: Cannabis: enforcement by local jurisdictions

A person currently engaging in illegal cannabis without a license is subject to civil penalty funds ($10,000 per day per violation but not to exceed $30,000 per day). This bill would take some of those civil penalty money and move them to treasurers of local jurisdictions.

AB-1684: Local ordinances: fines and penalties: cannabis

In this bill, fines attributed to illegal cannabis cultivators would also apply to other illegal businesses such as processors and distributors.

In the past, Newsom has expressed support for cannabis and psychedelics, but it is currently unclear which of these 17 bills he will sign. However, he has under one month, or until Oct. 14, to address these bills.

Newsom has signed three bills since July that are cannabis-related. In July, he signed SB-250 which provides immunity to people who test positive for a controlled substance, such as fentanyl, specifically in regards to working with law enforcement and sharing where they received the drug. Also in July, Newsom signed AB-128, which added cannabis event organizers to the list of license classifications, and updated requirements for background checks for cannabis-related businesses. He also signed SB-756 on Sept. 1, which allows the California State Water Board to investigate and take action against illegal cannabis cultivation.

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Read this month’s biggest news on CBD and delta-8.

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Louisiana Rep. Candace Newell recently prefiled a package of bills that would legalize adult-use cannabis. According to the Louisiana Radio Network, Newell has introduced three bills: HB-17, HB-24, and HB-12. Each of the bills targets a specific area of regulation. “I’ve separated the three bills. It’s legalization, regulation, and taxation. So each bill does its own thing,” Newell explained.

HB-17, which Newell has filed twice in the past, would allow the Department of Agriculture to manage and issue 10 cultivation and processing licenses and 40 permits for retail dispensaries. “We want to have a handle on who’s growing it, so we know where it’s coming from…and you’re just not willy-nilly growing it in your back yard,” Newell told Louisiana Radio Network. Applicants would be required to undergo criminal background checks.

HB-24 would decriminalize cannabis possession and distribution. “Just as alcohol. You have a license to sell alcohol. If you don’t have a license you can’t sell it. The same will be with recreational marijuana…if I can get this bill passed.” Finally there’s HB-12, which has not yet been prefiled.

According to the Louisiana Illuminator, Newell wants to start setting the foundation for legalization now in preparation for the future. “More and more states are legalizing it, and it seems the federal government is leaning towards legalizing it,” Newell said. “I want to ensure that when it is legal, that it’s Louisiana citizens that have the opportunity to take part in this economic opportunity—that it’s people right here in Louisiana that’s making the money.”

While the effort to legalize adult-use cannabis begins, the state’s medical cannabis program has taken much time to expand. The state’s medical cannabis program has been around since June 2015 when former Gov. Bobby Jindal signed two bills into law—one that set up a basic foundation for a medical cannabis program, and another that reduced penalties for cannabis possession. However, it has taken years of additional bills to be passed in order to expand the program further, frequently due to opposition from legislators.

It wasn’t until May 2016 that former Gov. John Bel Edwards signed a bill that officially made Louisiana the 25th state to legalize medical cannabis though. Patients waited years until August 2019 for medical cannabis sales to actually begin, after the final round of testing was conducted on cannabis grown by Louisiana State University. 

In June 2020, Edwards signed a bill into law that expanded the state’s qualifying conditions. While previously, medical cannabis was only legal to those who suffered from severe medical conditions (such as Parkinson’s disease, cancer, or glaucoma), the expansion allows doctors to certify a patient with any debilitating condition.

It wasn’t until June 2021 that the state finally allowed patients to consume smokable forms of cannabis. By August 2021, the state ended jail time for possession of small amounts of cannabis. Anyone in possession of up to 14 grams of cannabis would receive a misdemeanor crime, with a fine of $100.

Later in January 2022, cannabis flower sales finally began, but only products cultivated by state affiliated university programs would be allowed for distribution. At the time, only nine dispensaries were licensed for legal medical cannabis sales.

In July 2022, the University of Louisiana Monroe’s School of Pharmacy was given approval to conduct cannabis research and testing, which includes the construction of a 20-acre facility.

August 2022 brought the launch date for a number of other cannabis bills, which included improving affordability for cannabis dispensaries, preventing law enforcement from using cannabis scent as cause to search a person’s home, and making consuming cannabis and driving illegal. It also addressed positive drug test discrimination, and allowed patients from other states to access medical cannabis in Louisiana.

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On July 1, Oregon will ban all hemp-derived cannabinoids. That means products with delta-8 THC, THC-O, and other compounds.

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