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Thailand cannabis legalized for cultivation and trade

Thailand cannabis legalized for cultivation and trade

Thailand cannabis legalization

The government of Thailand has officially legalized cannabis cultivation and trade, along with removing cannabis from from its banned narcotics list.

However recreational use is still banned. Advocates say that the legalization acts more or less as decriminalization, so penalties should be less harsh, and less common.

Thailand is the first country in South-East Asia to legalize cannabis, going so far as to even give away one million cannabis seeds to citizens to encourage more people to start growing the plant.

“It is an opportunity for people and the state to earn income from marijuana and hemp,” said Anutin Charnvirakul, deputy prime minister and health minister.

Charnvirakul even said that restaurants could serve dishes with cannabis included as long as the THC (Tetrahydrocannabinol) content is less than .2% so consumers don’t get high. Starting today, households will be permitted to grow up to six plants if they register with authorities, and companies will be permitted to farm cannabis commercially with licensing.

Additionally, medical clinics across Thailand can more freely prescribe cannabis as a treatment. The country was also first in the region to legalize medical cannabis in 2018.

However despite the language of the law and the excitement around it, the “legalization” of cannabis in Thailand is more or less just the legalization of hemp. While hemp and cannabis are identical in structure and appearance, hemp is bred to contain less than .3% THC.

Since personal consumption recreationally is still banned, and public consumption can result in a fine or arrest, the only cannabis anybody is allowed to sell for profit will be hemp. But the country is still using the language of the new law to release some 4,000 prisoners whom were arrested on cannabis charges, including the psychoactive kind.

It appears that the current goal of the country is to take advantage of their new position and capture the untapped CBD market in Asia. CBD (Cannabidiol) is considered to be a non-psychoactive compound in cannabis, otherwise known as a cannabinoid.

Is the FDA cracking down on Delta 8 THC?

Is the FDA cracking down on Delta 8 THC?

Delta 8 THC gummies under scrutiny from FDA

The FDA recently issued warning letters to several companies for selling Delta 8 THC gummies and other Delta 8 THC products. Is a crackdown coming?

On May 4 of this year, the FDA issued five warning letters to Delta 8 THC retailers. It is not uncommon for the FDA to send warning letters to companies that could be making false medical claims about their products.

But this is the first time the FDA gas written warning letters specifically to Delta 8 THC companies.

The FDA has also released a consumer advisory warning on their official website regarding Delta 8 THC gummies and other Delta 8 THC products. In other words, D8 has been on the FDA’s radar for some time.

It is possible that more scrutiny could be coming down on the Delta 8 THC industry, which is mostly unregulated at the moment.

The FDA is approaching Delta 8 similarly to how they deal with CBD and other hemp products. The Farm Bill passed in 2018 legalized “industrial hemp” on the federal level. Under the ruling any cannabis plant that has lower than .3% THC on a dry weight basis is legal to possess, grow and sell across state lines.

The Farm Bill is responsible for the rapid expansion of the CBD industry, and D8 is a product made from CBD in most cases.

This association implies that Delta 8 THC should be legal as it comes from the hemp plant and CBD, both of which are legal. Despite the size of the CBD industry, it still lacks proper oversight from the FDA. What the FDA will do is devote a limited amount of agency resources to enforce against companies making medical claims about their products.

Legally, a CBD company can’t put any sort of medical benefits on the label or marketing for their products. This is because the FDA doesn’t recognize CBD as a medical supplement. They don’t recognize D8 either.

Delta 8 THC FDA Warning Letters

The five letter issued by the FDA went specifically to companies that were making “misleading claims” about medicinal benefits in D8 products. In their letters to the companies the FDA included the claims that were made. Here are a few examples:

  • “Delta-8 consumers report many of the same effects as THC, such as . . . relief from some symptoms such as pain . . .. Delta-8 can also help with insomnia.”
  • “Delta-8 THC Syrup from Kingdom Harvest is ideal for anybody experiencing a sleeping disorder or other ailments looking to be relieved.”
  • “If you have cancer, rheumatoid arthritis, and migraines, Delta-8 THC can help alleviate the pain because it has immunosuppressant properties.”

According to the FDA, the presence of drug claims on the products technically classifies them as unapproved new drugs. Under the FDCA (Federal Food, Drug, and Cosmetic Act), new drugs may not be introduced into interstate commerce without being approved by the FDA. Because the products were not approved, they are technically illegal under the FDCA.

So does this mean that D8 gummies are going away any time soon? Unlikely.

Misleading branding

Misleading branding is nothing new to the cannabis industry. The illicit market is flooded with knockoff D8 products that are imitating popular brands like Doritos, or making Delta 8 THC gummies that look like Haribo gummy bears. Because the market isn’t regulated, there is very little oversight to keep these products off the market.

While some big companies like Skittles have fought back against their likeness being used in Delta 8 THC products, most don’t even know that their likeness is being used. When a customer sees a name-brand logo on a pack of Delta 8 THC gummies, unsurprisingly they are more likely to think it is a legitimate product.

Additionally, no D8 products are approved by the FDA as generally recognized as safe (GRAS). Due to this Delta 8 is not approved for use in human or animal products because the required safety data is lacking.

Because the ingredient in the products is not approved, any D8 product is technically “adulterated”, and cannot be sold over state lines. However anybody who has looked up Delta 8 THC gummies online was still probably able to have them shipped from a different state.

While it appears the FDA is beginning to look at D8 more closely, there is still no determining evaluation by the FDA deciding its true legality. Delta 8 THC may be a legal byproduct of industrial hemp, but adding it into food items and supplements is where the lines get blurry.

For this reason, one should always be extremely weary of any D8 product that makes a medical claim or markets the product to have specific benefits. There is no way to verify their claims, and they could be completely false.

The FDA is still devoting very limited resourced to enforcing rules against Delta 8 THC retailers. They have only sent out five letters, when there are thousands of Delta 8 THC gummies and other products being sold online across the country daily.

The longer it takes the FDA to reign in CBD and D8, the more out of control the market could become, making it too large to reign back in and increasing risk for consumers.

New Mexico cannabis sales hit nearly $40 million in first month

New Mexico cannabis sales hit nearly $40 million in first month

New Mexico cannabis sales revenue numbers

In its first month of recreational cannabis sales, New Mexico brought in nearly $40 million in revenue.

After launching its legal cannabis industry on April 1, the state made over $4 million in its opening weekend. Through the rest of the month, adult use sales across 40 cities in New Mexico sold $22 million worth of cannabis products.

The remaining $17 million was medical cannabis sales.

Medical cannabis sales are exempt from taxes unlike recreational sales, so there was no tax revenue generated from the $17 million in sales for the month. The majority of the state’s recreational sales were in Albuquerque, home to roughly 564,000 residents.

The city alone sold nearly $15 million in cannabis in April. The next highest revenue generated was in Las Cruces at only $2 million in adult use sales.

Las Cruces is also home to the state’s first licensed cannabis lounge where consumers can enjoy cannabis in a public setting.

New Mexico communities that border Texas also saw a fair amount of sales in the first month of adult use cannabis in the state. Hobbs and Sunland Park sold $1.7 and $1.4 million respectively, including medical and recreational cannabis sales.

An analysis from Sun-News found that Sunland Park had the third highest sales per capita, likely due to “cannabis tourism” from Texas and Mexico.

New Mexico cannabis sales are taxed at 12% for adult-use, plus additional taxes from local jurisdictions. Final tax revenue numbers won’t be announced until May 25, but with current data it is expected that the state will make about $2.6 million in tax revenue for the month.

Additionally, the 12% excise tax rate on adult-use cannabis sales is set to increase to 18% in 2025. This is still a lower tax rate than neighboring states Arizona and Colorado.

It is likely that the 4/20 holiday helped to boost recreational sales in the New Mexico’s first month. However the state’s director of the Cannabis Control Division, Kristen Thomson, is still satisfied with how the state performed and anticipates continued growth in the future.

“New Mexicans showed up on April 1 ready to support local businesses selling high-quality New Mexico products, and they’re still coming,” Thomson wrote.

“Thanks to hard work by the dedicated people working in the industry, supply easily met consumer and patient demand. New Mexicans have a lot to be proud of in the launch of this new industry, which is already adding value to the state’s diverse economy.”

The CCD has projected that the New Mexico cannabis industry will create up to 11,000 jobs statewide, with $300 million in sales and $50 million in tax revenue in its first year.

Connecticut cannabis gifting law pushed forward by lawmakers

Connecticut cannabis gifting law pushed forward by lawmakers

Connecticut cannabis gifting could be banned

The underground Connecticut cannabis gifting community could be in for some trouble is legislators in the state get their way.

In a 98-48 vote, the Connecticut House of Representatives pushed forward legislation that would fine anybody who host a cannabis gifting event up to thousands of dollars. During the session, others argued that legalizing cannabis in Connecticut at all was a mistake that should be reverted.

Suffice to say there is disagreement in the legislature about the future of the industry in Connecticut, and it is going to have an impact on the industry there.

As it currently stands, cannabis is legal to possess for adults in Connecticut. However recreational cultivation for personal use won’t be an option until July 2023, and there is no regulated industry to speak of in the state.

In other words, cannabis is legal. It just can’t be grown recreationally or bought anywhere unless you’re a licensed medical cannabis patient. This has predictably created an underground market for those looking to obtain cannabis for personal consumption without a medical card.

What is cannabis gifting?

Cannabis gifting is by no means a new practice. It also isn’t exclusive to just Connecticut.

For example Washington D.C. legalized cannabis in 2015, but still doesn’t have a regulated industry due to barriers put in place by politicians during the legislative process. Now there is a thriving cannabis gifting industry in DC, with small shops tucked away across the city. There you can pay $45 for a sticker and receive an eighth of cannabis as a “gift”.

The donation/gifting method acts as a loophole under most cannabis laws that prohibit the illicit sale of cannabis outside of a licenses retailer. By gifting cannabis instead, it technically isn’t being sold and can’t be prosecuted.

It isn’t difficult to see why politicians would not be in favor of such a practice.

But with the current laws and delays in Connecticut, it was inevitable.

Some legislators are shaping the new bill not as a total restriction on cannabis gifting, but just organized events according to Democrat Rep. Michael D’Agostino.

“For right now, these bazaars are a way around the regulated marketplace,” D’Agostino said. As co-chairman of the legislative General Law Committee, he stressed that the bill would not prohibit true gifting events in which friends or acquaintances exchange or give each other cannabis without commercial transactions.

The legislation was originally proposed in response to events like the High Bazaar. There more than 1,000 visitors paid $20 or so to enter a warehouse in an industrial zone, where dozens of vendor tables would display cannabis in various forms, exchanging cash or other items of value for cannabis products.

Under the bill, those who sponsor these large gifting parties could be fined $1,000 by the state Department of Emergency Services and Public Protection, and as much as $1,000 by local officials. The legislation isn’t entirely bad however.

The legislation also includes provisions to end the annual fees required of patients in the medical-marijuana program, saving patients about $5 million a year starting July 1, 2023. It would also permit physicians to write medical cannabis prescriptions, which would save patients more money and time.

The law also includes provisions strictly limited billboard advertising for cannabis companies, and completely bans it for out of state brands. Lastly, current cannabis cultivators would be allowed to undertake two more joint ventures, and towns and cities that are willing to host cannabis businesses, can now decide which businesses and how many could locate to their area.

Overall the legislation would appear to have more good than bad, with the main negative being the impacts on large cannabis gifting events. Small gathering of friends gifting each other cannabis products will still be allowed without repercussion. Medical cannabis patients will have quicker and more affordable access to their medicine, and in-state retailers will no longer have to worry about out of state competition.

California cannabis farmers markets? New bill would make it possible

California cannabis farmers markets? New bill would make it possible

California cannabis farmers markets could become a thing

It is not secret that small cannabis farms in California have had a rough few years. A new bill aims to help them out.

A new bill introduced into the Assembly Business and Professions Committee on Tuesday (4/26/22) would allow small scale cannabis farmers to sell their products at farmers markets in California. Introduced by Assembly member Jim Wood, he has seen the issues that small cannabis operations have dealt with and wants to give them a hand.

“It is no secret that cannabis businesses throughout the state are struggling, whether it’s taxes, compliance costs, competing with the illicit market or other challenges, but the focus of AB 2691 is to help legal cannabis farmers who grow less than 1 acre of cannabis get consumer recognition for their unique products, much as has been done for craft beer, artisanal wine and other family farm agricultural products. Giving these smaller farmers opportunities at locally approved events to expose the public to their products increases consumer choice and offers farmers a better chance to reach retail shelves which is their ultimate goal. This is not about circumventing retailers, but growing the industry overall. My office has always been open to those who may have concerns about this bill and I’m here to listen to their concerns and their proposed solutions.”

The Origins Council, a cannabis advocacy organization that represents historic, rural, cannabis-producing regions across California has expressed their support for the bill. Genine Coleman and the group’s 900 or so members have fought consistently for the rights and protections of small, local farms that have been in operation in the state for decades.

“The vast majority of them are producing half an acre or less of cannabis, so this is definitely a huge potential opportunity for our membership,” Coleman said. “For small-scale producers to have direct marketing and sales opportunities with consumers is really critical.”

However not everybody is on board with the new arrangement. The Executive Director of the Davis Farmers Market Alliance, Randi MacNear, says what she oversees is a “food business”. Even if the new bill passes, she says it is unlikely anything will change at their market.

“We really are interested in selling food, so at this point, cannabis is not a food,” MacNear said. “We’re trying to increase our local farmers. We’re trying to get new, emerging Yolo County farmers in here and give them a space to sell, so I think that probably we would stick with that concentration.”

MacNear did add that the decision ultimately comes down to the Davis City Council.

“I’m sure you’ll see some of this product at other markets but not here in Davis,” MacNear said.

Assembly Bill 2691 is now headed to the Assembly Appropriations Committee, where it must pass before entering the full Assembly followed by the Senate. If approved by all of the above, the bill goes to the governor’s desk for signing.

Supporters argue that the main purpose of this bill is to help small farmers who don’t have the same access channels to consumers as larger competition have the opportunity to grow their customer base and their brand at the local level.

Oklahoma cannabis legalization may be on November ballot

Oklahoma cannabis legalization may be on November ballot

Oklahoma cannabis legalization petition getting signatures

The Oklahoma Supreme Court has approved plans for Oklahoma cannabis legalization to move forward in the state. The plan’s organizers can now begin collecting signatures.

There are currently two separate proposals for Oklahoma cannabis legalization, and both would need to gather enough signatures to end up on the ballot this November.

The approved plans, State Question 819 and State Question 818, would make an amendment to the state’s Constitution to protect the right of residents age 21 and older to use cannabis.

SQ 818, known as the Oklahoma Medical Marijuana Enforcement and Anti-Corruption Act, would expand the state’s medical cannabis program. It would establish a new state agency known as the Oklahoma State Cannabis Commission (OSCC).

This agency would replace the current Oklahoma Medical Marijuana Authority (OMMA) and oversee the entire cannabis industry including hemp.

This bill replaces the excise tax on medical cannabis with a 7% retail tax. Revenue would be used to support cannabis research, rural impact and urban waste remediation, agriculture development, mental health response programs, substance misuse treatment and more.

SQ 819, otherwise known as the Oklahoma Marijuana Regulation and Right to Use Act, would legalize possession of up to eight ounces of cannabis for anyone over the age of 21.

Adults could purchase cannabis from a retail store, or grow up to 12 plants for personal use. Any home grower is legally allowed to possess however much they harvest from their 12 plants.

Recreational cannabis sales would be taxed at 15%. A number of state initiatives would receive a portion of the tax funds collected from Oklahoma cannabis legalization. These include water-related infrastructure, disability assistance, substance misuse treatment, law enforcement training, cannabis research and more.

Lastly, SQ 819 would open up pathways for resentencing and expungements for those with prior and current cannabis convictions.

If passed, Oklahoma would become the 19th state in the US to legalize cannabis recreationally. In order to make it onto the ballot, supporters are going to need to gather about 178,000 signatures in the next 90 days.

Despite being on of the reddest states in the country, Oklahoma cannabis legalization isn’t a very far fetched idea for the state. In fact, nearly 10% of Oklahoma’s 4 million residents have qualified a medical cannabis card, the highest in the country.

“Whether we’ll get on the November ballot this year remains to be seen,” said Jed Green, a longtime Oklahoma cannabis activist behind the plans. “We’re going to push, push and push to get it done, and hopefully we do, but … we’ll get our signatures.”

A separate adult-use proposal, State Question 820, already has been cleared by the high court and because it would only amend state statute, requires only about 95,000 signatures. Supporters of that plan can begin gathering signatures on May 3.