fbpx
Colorado Hemp and Marijuana Growers at Odds Over Proposed Cannabis Farming Law

Colorado Hemp and Marijuana Growers at Odds Over Proposed Cannabis Farming Law

Colorado hemp and marijuana growers can't agree on new legislation to help farmers plan for weather

A bill in the Colorado State Legislature attempts to cut outdoor marijuana farmers some slack in the face of bad weather and reduce cross-pollination between marijuana and hemp grows. However, not all of the Colorado hemp industry is on board yet.

House Bill 1301 — a beefed-up version of a similar bill last year that was postponed due to the COVID-19 pandemic — would allow outdoor cannabis growers to create a contingency plan to prevent crop loss during extreme weather conditions. The measure would create working groups to reduce cross-pollination between marijuana and Colorado hemp plants, as well.

Home to spontaneous weather, Colorado is more than capable of an untimely freeze for outdoor cannabis farms, which only harvest once per year, during the fall. Representative Daneya Esgar, the prime bill sponsor, says that these farmers deserve more protection for such financial impacts.

“This bill was introduced last year in response to outdoor grows having very stringent regulations and losing millions of dollars because of adverse weather,” Esgar told her colleagues on the House Finance Committee during HB 1301’s first successful vote, on May 24. “We’re just bringing it back and making it better than it was.”

The best practices to prevent crop damage from bad weather would be created and enforced by the state Marijuana Enforcement Division, according to Esgar’s bill.

The other outdoor cannabis issue HB 1301 hopes to address — cross-pollination between plants — could be more polarizing among farmers. Although marijuana and hemp are regulated and grown differently, they’re still of the same plant genus and can easily cross pollinate miles away from each other if grown outdoors. Marijuana plants grown for THC content are feminized and don’t have seeds, just like hemp grown for CBD. However, industrial hemp grown for grain and fiber is full of seeds and pollen, which can pollinate seedless cannabis plants, including hemp.

“We’re trying to figure out how we can educate everyone, because there are some unintended consequences of cross-pollination,” Esgar said.

When cross-pollination between marijuana and hemp occurs,  a handful of problems with regulations, including loss of yield and profit, are presented, according to Zack Dorsett, a Colorado hemp farmer for Blue Forest Farms in Longmont.

“It’s so bad,” he says in an interview with Westword. “We had a neighbor one year that grew un-feminized seeds and was spraying pollen all over the place, and the whole crop pretty much got ruined that year.” Hemp can also be harmed in the cross-pollination process, with some Colorado hemp crops testing above the federal THC limit of 0.3 percent after being pollinated by other cannabis plants.

There is pushback against the bill from some hemp industry members, however.

Why Delta-8 is Being Made Illegal

Why Delta-8 is Being Made Illegal

Delta-8 THC is illegal

As quickly as Delta-8 THC blew up, it’s being made illegal by states across the country.

It was only a matter of time.

Consumers and entrepreneurs have been an enjoying a regulation free, sub-legal way to get high and profit from Delta-8 THC. Now the DEA and USDA have taken notice, and in addition to the numerous states already taking action to make Delta-8 illegal on their own terms, the official law regarding Delta-8 is becoming more clear.

In fact, the current laws regarding hemp may already have it covered.

What is Delta-8 THC?

A very, very close relative to Delta-9 THC, the main psychoactive component of cannabis, Delta-8 THC is separated by just one subtle difference in its molecular structure. The similarity in molecular structure also leads to similar psychoactive effects although slightly suppressed.

Studies done on Delta-8 THC have revealed it to be roughly 75% the potency of traditional Delta-9 THC. With modern extraction technology and isolation techniques, manufacturers of D8 THC are able to produce products that get users high.

The reason that D8 THC is able to operate currently with near impunity is because of the wording of the 2018 Farm Bill. In the bill, “Hemp” is defined as:

The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Because the definition specifically includes Delta-9 THC and nothing else, this has been used by manufacturers as a de facto legalization of other tetrahydrocannabinols. However, looking a little more deeply into current rules and regulations on the books by the DEA and USDA, and depending on your definition of “synthetic”, the future of Delta-8 may have already been decided.

Synthetic Tetrahydrocannabinols

In August of 2020, the DEA released a set of interim rules regarding hemp. In this ruling they say, “For tetrahydrocannabinols that are naturally occurring constituents of the plant material, Cannabis sativa L., any material that contains 0.3% or less of D9 -THC by dry weight is not controlled, unless specifically controlled elsewhere under the CSA,” CSA being the Controlled Substances Act.

However in the same paragraph further down, we get to the part that matters to Delta-8 THC advocates; “For synthetically derived tetrahydrocannabinols, the concentration of D9 -THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances.

By establishing a difference between naturally occurring cannabinoids that are produced in hemp and those that are derived and enhanced synthetically, the DEA virtually made a ruling against Delta 8. This is because, to the likely surprise of many (including myself), Delta 8 THC while naturally occurring in hemp, is in fact synthetically made from CBD when produced for retail sale.

How Delta 8 THC is Made

All cannabinoids, from CBD to THC and beyond begin as CBGA. Because of the shared molecular structure of cannabinoids, manipulating them is simpler than it may seem. While Delta-8 is relatively new, producers have been using these methods to manipulate cannabinoids for a long time to find exotic new cannabinoids.

While Delta-8 THC exists in a wide range of cannabis strains, it is in minuscule, trace amounts. To extract and purify Delta-8 from raw plant material with less than one percent of the targeted cannabinoid is unprofitable. This is why producers have begun converting other, more prevalent cannabinoids like CBD and Delta-9 THC into Delta-8.

The process of creating Delta 8 from CBD is nothing new, and is actually a patented isomerization process. It involves dissolving CBD in a solvent like heptane. An acid is then added into the solution and stirred constantly up to 18 hours on a heat plate. Once the chemical reaction is complete it will separate, where it can then be washed and dried and tested.

Compared to how your average Delta-9 extract is made, Delta-8 is a more lengthy, “synthetic” process. The Delta-8 is not there in the beginning, it is created in the end. And that’s why it’s a problem.

What does this mean for Delta 8 THC?

Unfortunately for producers and consumers alike, the great days of Delta-8 THC are likely coming to an end sooner rather than later. Over a dozen states have already banned Delta-8 THC, and more are considering passing their own laws against the cannabinoid. With the ruling by the DEA being brought into the open, it will be difficult for manufacturers to argue that Delta-8 is not in fact a synthetic cannabinoid.

In other words, those who continue to manufacture and sell Delta-8, even right now, are technically manufacturing and distributing a Schedule 1 substance. States in which Delta-8 THC has not been explicitly banned likely don’t need to worry about prosecution for the time being, as no official ruling on Delta-8 specifically has been passed down.

But as concern grows and more states ban Delta-8, it is going to become more difficult and less profitable for manufacturers to continue making it. Soon enough, Delta-8 will likely be another banned substance nationwide.

Texas Marijuana Concentrates and Psychedelics Bill Passed in Senate

Texas Marijuana Concentrates and Psychedelics Bill Passed in Senate

Texas marijuana concentrates and psychedelics got a big win in the state senate

The Texas Senate has approved House-passed bills to reduce criminal penalties for possessing marijuana concentrates and require the state to study the therapeutic potential of psychedelics like psilocybin and MDMA. But because senators amended both pieces of legislation, they must first head back to their originating chamber before they can be sent to the governor’s desk.

Meanwhile, advocates are closely monitoring a separate bill to expand the state’s medical cannabis program, which cleared the House and was referred to a Senate committee on Thursday. But the fate of that proposal remains murky as a legislative deadline approaches. It must be acted on in the Senate State Affairs Committee in order to advance to the floor, and the end of the session is nearing.

Under HB 1802, which passed the Senate on Saturday in a 25-5 vote, the state would be required to study the medical risks and benefits of psilocybin, MDMA and ketamine for military veterans in partnership with Baylor College of Medicine and a military-focused medical center. As amended by a House committee, it would also mandate a clinical trial into psilocybin for veterans with PTSD, in addition to a broader review of the scientific literature on all three substances.

The Senate adopted a balanced budget amendment to the bill clarifying that the psychedelic studies wouldn’t be carried out unless there’s funding allocated the effort—a situation already accounted for by a contingent rider for the funds.

Former Gov. Rick Perry (R), who also served as U.S. energy secretary, has called on lawmakers to approve the psychedelics legislation.

The cannabis concentrates measure that also advanced through the Senate is a modest reform compared to another proposal to more broadly decriminalize marijuana possession that recently passed the House but has since stalled. But if enacted, HB 2593 would mark the first time that Texas has reduced penalties associated with marijuana since the 1970s.

DEA may allow companies to grow cannabis for scientific research

DEA may allow companies to grow cannabis for scientific research

DEA cannabis may be getting better for scientists

After years of delay under the Trump administration, the federal government is preparing to award the first new licenses for cultivating cannabis for scientific research, giving U.S. marijuana operators a crack at entering a business that has been dominated by the University of Mississippi for more than 50 years.

The U.S. Drug Enforcement Administration late last week signaled it would award the licenses soon by issuing a “Memorandum of Agreement” (MOA) to “a number” of organizations that applied for the opportunity, according to an agency news release. The move will allow greater research into marijuana and its potential medicinal properties. That, in turn, could spur more doctors to recommend medical cannabis, which likely would boost sales.

“We expect to receive our registration number this afternoon,” said Dr. Steven Groff, founder of Groff North America in Red Lion, Pennsylvania, one of three entities that on Friday received an MOA from the DEA.

The recipients are supposed to review the MOAs and return them to the DEA with comments or suggestions. Groff already returned its MOA, and two other recipients told MJBizDaily they’d return their paperwork in the coming days or weeks.

Besides Groff, at least two other organizations confirmed they’d received an MOA:

  • Scottsdale Research Institute in Arizona.
  • Biopharmaceutical Research Co. (BRC) in Castroville, California.

A DEA spokesperson declined to answer if any other MOAs were issued. It’s also unclear when, or if, the DEA intends to issue more MOAs.

“This has the potential to create a renaissance of cannabis research for decades,” Dr. Sue Sisley, president of the Scottsdale Research Institute, said in a phone interview. Sisley, a longtime cannabis advocate, has been studying marijuana’s potential therapeutic benefits.

George Hodgin, the CEO of BRC, echoed Sisley, saying in a phone interview: “This is a massive regulatory step.”

Currently, the University of Mississippi, or Ole Miss, is the only institution in the United States with DEA permission to cultivate cannabis for federally approved research, having been awarded its license in 1968.

Critics complain that the cannabis grown there doesn’t reflect what’s being sold in the marketplace today.

To expand the number of entities with federal licenses for cultivating marijuana for research, the Obama administration announced an application process in its final year. Nearly 30 businesses, research institutes, universities and other entities applied.

Massachusetts to allot 70K acres for cannabis, hemp production

Massachusetts to allot 70K acres for cannabis, hemp production

Massachusetts hemp gets ok for land use

The Massachusetts Department of Agricultural Resources released updated guidance on Wednesday making way for more than 70,000 acres belonging to its Agricultural Preservation Restriction and Farm Viability Enhancement programs to be used to grow cannabis and hemp.

The APR program was established in 1977 and offers to pay farmland owners the difference between fair market value and the agricultural value of their farms in exchange for permanent deed restrictions which preserve farmland for agricultural use in the future, according to the department website.

The Farm Viability Enhancement Program, in turn, provides business and technical assistance to established farmers through grant funding, in exchange for signing an agricultural covenant on the farm property to keep it in agricultural use for a five-, 10- or 15-year term, per the state website.

Under the new guidance released last week, both hemp and cannabis production will now be allowed on APR and Farm Viability Enhancement lands, so long as the land in question isn’t federally funded, because cannabis remains illegal at the federal level.

Although the DAR did not say how many APR lands are beholden to federal restrictions, the guidance noted nearly all recently acquired APRs were purchased with federal financing.

Still, the new guidance effectively opens options for APR farmers interested in adding or transitioning to the cannabis and hemp markets.

“The department looks forward to working with APR and Agricultural Covenant landowners and the farming community on the implementation of this new interpretation and has prepared the following guidance,” the department said in its announcement.

Vermont Joins List of States to Ban Delta-8 THC

Vermont Joins List of States to Ban Delta-8 THC

Delta 8 THC banned in Vermont
Vermont regulators have officially categorized hemp-based Delta-8 THC products as illegal under state law.

The Vermont Agency of Agriculture, Farms, and Markets (AAFM) informed all registered hemp cultivators that Delta-8 THC products are not regarded as legal hemp products in an email sent out last Friday, April 23.

With this statute, Vermont joins 12 other states that have categorized the manufacturing and sale of Delta-8 THC products as illegal under state law; Delta-8 THC has also been banned in Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah.

On their website, Vermont AAFM clarifies the state’s position further by acknowledging that hemp plants naturally produce Delta-8 THC in trace amounts. However, products with intoxicating levels of the cannabinoid are created using isomerization, which synthetically converts CBD to THC.

The Vermont Hemp Rules state that, “A processor shall not use synthetic cannabinoids in the production of any hemp product or hemp-infused product” (6.3). With this rule, the manufacturing, labeling, or sale of any Delta-8 product in the state of Vermont would violate state law. As such, anyone who distributes, uses, or possesses one of these products may face criminal penalties in the state.

Many CBD retailers have seen great financial gains due to the recent proliferation of Delta-8 throughout the states. This clarification may heavily impact their newfound revenues.

Meanwhile, the hemp industry in Alabama recently praised lawmakers there after they pulled an amendment proposal that would have categorized Delta-8 THC and Delta-10 THC as controlled substances.