Tag: THC

California Governor Proposes Total Hemp THC Ban

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Gov. Gavin Newsom fired a direct attack Friday on the booming hemp industry, filing emergency rules that would completely ban THC — an intoxicating compound found in cannabis — from hemp products in the state.
Hemp products are sold outside of regulated cannabis stores and can be purchased online or at retail locations like gas stations throughout the state. Newsom said in a statement Friday that the emergency rules were needed to protect children, media reports state.
“We will not sit on our hands as drug peddlers target our children with dangerous and unregulated hemp products containing THC at our retail stores,” Newsom said. “We’re taking action to close loopholes and increase enforcement to prevent children from accessing these dangerous hemp and cannabis products.”
The emergency rules would require that all hemp products in California have “no detectable amount of total THC ” and that customers be over 21 to purchase them. The rules still need the approval of the California Office of Administrative Law before they go into effect.
Reg title: DPH-24-005E-Emergency Regulations for Serving Size, Age, and Intoxicating Cannabinoids for Industrial Hemp has been proposed. Click here to read the proposed regulations. Click here to read the “Finding of Emergency” on which they are based.
Most notably, under the proposed regulations the definition of “THC” is expanded to include “THC or comparable cannabinoids” and adds over 30 cannabinoids to the list of “THC”. Additionally, the amount of THC allowed in a serving is “no detectable amount.”
Cannabis attorney Rod Kight said, “This is an “all hands on deck” moment for the entire cannabis industry to stop this nonsense. If you have business interests in California, stop what you’re doing and call the Governor’s office and your state representatives now.”
September 9, 2024
Federal Judge Provides Hope to Iowa Hemp Sellers

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A federal judge has given hope to 10 companies looking to block the enforcement of a new Iowa law, which they argue unfairly prevents them from selling products containing hemp-derived THC.
During a hearing about their request for an injunction against the law, U.S. District Judge Stephanie Rose stated that their argument that the law is unconstitutional is unlikely to succeed. However, she acknowledged that there may be merit to their claim that the state is applying the law in a discriminatory manner.
The Hemp Amendments, a law passed by the Iowa Legislature during this year’s session, became effective on July 1. Under this law, the sale of hemp products to individuals under the age of 21 is prohibited. It also mandates compliance with new regulations that restrict the amount of tetrahydrocannabinol (THC) allowed in a serving and requires specific labeling, according to media sources.
Rose already turned down an injunction request by two of them: Field Day, a Johnson County maker of THC sparkling water, and Climbing Kites, a Des Moines-based joint venture of the Lua and Big Grove breweries, maker of a THC-containing seltzer. She rejected their argument that the law was unconstitutional because it failed to define a serving size but said at the time that she had “serious concerns” about how the law would be enforced.
July 14, 2024
Hemp Farmers Sue Maryland for License ‘Monopoly’

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As Maryland’s recreational cannabis industry grows, a group of hemp entrepreneurs are challenging the state and its marijuana regulators in court.
The Maryland Hemp Coalition joined forces with several other hemp growers and retailers to sue Governor Wes Moore, the Maryland Cannabis Administration, and the Maryland Alcohol, Tobacco, and Cannabis Commission, according to media reports.
Nevin Youngan, an attorney representing the hemp industry in the suit, stated that his clients “had been lawfully selling these products for years” and were now being told that they could not do so without first procuring a license—despite there being “nearly insurmountable obstacles” in their way.
During the latest legislative session, lawmakers put into place regulations governing recreational marijuana in Maryland, including limits on the allowable THC concentration in hemp-derived products Products such as Delta-8 could only be sold without a recreational marijuana license as well as details about how to obtain said licenses.
Attempts during the legislative session were made to create a carveout for the hemp industry to allow businesses to continue selling their products. Another amendment floated during session including creating new testing and regulation for hemp products; both plans failed to be included in the final law passed by lawmakers.
Without a recreational marijuana license, hemp-business owners were forced to close their doors on July 1.
August 2, 2023
Michigan Recalls THC Vapes for Banned Chemical

The Cannabis Regulatory Agency in Michigan is recalling certain THC vape cartridges due to the possible presence of banned chemical residue exceeding the established limits, the agency announced.
The vape cartridges — manufactured under the name “FLIGHT LIVE RESIN DISPOSABLE” — were manufactured by the Mount Morris-based marijuana processor Sky Labs near Flint and include three batches called “Grease Monkey,” “Space Ether” and “Bubblegum,” according to the Detroit Free Press.
More than 13,000 of these vape cartridges have been sold, David Harns, a spokesperson for the CRA said, and about 2,200 of them are currently available for sale at 59 dispensaries.
The banned chemical residues that are possibly in the products include Bifenthrin (an insecticide), Myclobutanil (a chemical used as a fungicide), Bifenazate (a pesticide), Paclobutrazol (an organic compound used as a plant growth retardant and fungicide) and Permethrin (an insecticide), he said.
July 25, 2023
Maryland Starts Sales of Recreational Marijuana

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Maryland began sales of recreational marijuana on Saturday, only eight months after the state’s voters approved a ballot measure to legalize cannabis for adults.
The first day of adult-use cannabis sales brought out lines of customers eager to shop at the state’s medical marijuana dispensaries, which were given the first crack at the newly legal market for recreational weed in Maryland by a bill to regulate adult-use cannabis passed in the spring.
In November, Maryland voters legalized recreational marijuana with the passage of Question 4, a state referendum that was approved with nearly two-thirds of the vote, reports Forbes.
In April, lawmakers passed legislation to regulate adult-use cannabis production and sales beginning on July 1, followed by the signing of the bill by Governor Wes Moore in early May.
Under the measure, all adults in Maryland age 21 and up with proper identification will be allowed to purchase regulated marijuana products including cannabis flower, vapes, gummies and others, with sales beginning at the state’s existing medical marijuana retailers.
The legislation also changed the Maryland Medical Cannabis Commission, which regulated the production and sale of medical marijuana, to the Maryland Cannabis Administration.
Will Tilburg, the acting director of the new agency, said that regulated sales of cannabis in Maryland are expected to triple over the next year with the launch of recreational marijuana sales.
July 4, 2023
Cannabis Company not Violating Smoore Patents

The U.S. International Trade Commission on Monday ruled definitively in favor of U.S. the cannabis vapor products manufacturer Advanced Vapor Devices (AVD) after a year-long patent infringement case brought by China-based e-cigarette maker Shenzhen Smoore Technology Limited.
The commission affirmed an administrative law judge’s February 2023 finding of no violation of Smoore’s CCELL’s coil patents. Under the ruling, there is no violation by AVD’s cartridges, components, or products.
“Today is an enormous victory for the U.S. cannabis vaping sector,” stated AVD Co-Founder and CEO Alex Kwon in a release. “AVD’s disruptive technology, reliability, and exceptional service will enable us to safeguard our rights and innovate for our clients’ benefit.”
“We are grateful to the International Trade Commission for exposing CCELL’s bullying of U.S. companies,” said Michael Brosgart, AVD chief operating officer. “AVD shouldered the burden of this litigation because we are committed to our industry, and believe consumers deserve the highest quality products. We can’t wait to share our upcoming innovations.”
Out of nearly 7 million premarket tobacco product applications (PMTAs), only 23 e-cigarette-style products have been approved for marketing by the U.S. Food and Drug Administration. Most of the approved products have been manufactured by Smoore International Holdings, through its subsidiary, Shenzhen Smoore Technology, which manufactures the Njoy Ace, Njoy Daily, Logic Power and Logic Pro devices.
Cannabis vaping products are not regulated on a federal level.
April 27, 2023
Delaware 22nd State to Pass Recreational Marijuana Bill

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Despite his opposition to the bills, Delaware Gov. John Carney on Friday said he would let two bills that legalize marijuana and create a recreational industry become law without his signature.
He said he is standing down from his opposition to recreational weed that put him at odds with his party.
Delaware is the 22nd state to legalize recreational marijuana, marking a milestone in President Joe Biden’s home state after a nearly decades-long fight by advocates and Democrats to loosen restrictions on marijuana.
Carney, in a statement, said he still believes legalizing weed is “not a step forward.”
“I want to be clear that my views on this issue have not changed,” the governor said in a statement, reports USA Today.
Carney said he could not sign the bills because of his concerns about the consequences recreational marijuana will have on children’s health, as well as roadway safety. Along with Delaware House Speaker Pete Schwartzkopf, the governor is the rare Democrat to oppose weed legalization.
Marijuana, in the quantity of personal use, becomes legal starting Sunday. Delawareans will be allowed to smoke joints, eat gummies and consume weed as they wish in private. It will still be illegal to consume marijuana in public, and employers are still allowed to have a zero-tolerance policy. Recreational weed will not be available for purchase in the state for at least 16 months.
The Delaware General Assembly in March passed two marijuana-related bills: House Bill 1 legalizes the “personal use quantity” of marijuana, which varies by cannabis form, for people ages 21 and older. This is defined as 1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol.
The second bill, House Bill 2, creates and regulates the recreational marijuana industry in Delaware. Within 16 months of the legislation going into effect, the state will distribute 30 retail licenses through a competitive bidding process.
There will be a marijuana-control enforcement fee of 15 percent on recreational sales. This money, lawmakers say, will create grants and services that focus on restorative justice and reducing the state’s prison population.
Last year, Carney vetoed a bill to legalize marijuana that the legislature sent to his desk. He said at the time that the law wasn’t in “the best interest of the state” despite the issue’s popularity within his own party.
April 24, 2023
Cannabis Business Expo to be Held With InterTabac

The Cannabis Business Expo 2023 (CB Expo) will be held alongside the 2023 InterTabac trade fair in Dortmund, Germany.
CB Expo 2023 will use the Kongresszentrum, part of the Westfalenhallen expo center complex, on Saturday, Sept. 16, the final day of InterTabac. A reception is scheduled for Friday, reports Charlie Minato of Halfwheel.
“The main focus of this year’s CB Expo will be on the proposed legalizations of cannabis for recreational use in Germany, the Netherlands, Switzerland, the Czech Republic, Malta and Luxembourg,” said an announcement from Westfalenhallen Unternehmensgruppe GmbH, which owns both InterTabac and the exhibition space. “The event offers an excellent opportunity to learn about and discuss the latest developments and trends in the European cannabis industry.”
InterTabac is an international trade show for the vaping and tobacco industries. Organizers expect 13,000 attendees for InterTabac and InterSupply—which covers the machinery and equipment side—while 1,000 tickets are available for CB Expo.
The 2021 and 2022 versions of CB Expo were held in Zurich, Switzerland.
InterTabac 2023 takes place Sept 14-16 in Dortmund.
April 14, 2023
Medicinal Cannabis Research Act Survives Senate Committee

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The Senate Committee on Veterans’ Affairs advanced the VA Medicinal Cannabis Research Act on Thursday, marking the first-ever standalone cannabis bill to be passed out of a Senate committee.
If passed, it would be only the second standalone marijuana legislation to be passed federally.
The bipartisan bill, which advanced in a markup session that occurred off the floor, would direct the Secretary of Veterans Affairs to conduct both a study and clinical trials on the “effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder,” as well as for other conditions.
The Senate legislation is sponsored by Montana Sen. Jon Tester, also the chair of the committee, and co-sponsored by Alaska Sen. Dan Sullivan; House Reps. Lou Correa and Jack Bergman have introduced the House version, Cannabis Wire reports.
“I’m particularly proud we cleared a number of my bills allowing VA to increase the number of providers in rural areas, authorize important VA projects, and conduct research into medicinal cannabis as an alternative treatment to treating the wounds of war,” Tester said in a statement after the advancement of three veterans bills on Thursday.
The VA has been an ongoing example of where state and federal cannabis laws clash. While medical cannabis is now legal in a majority of states, cannabis remains a Schedule I substance under federal law. VA doctors, beholden to federal law, have been unable to recommend these products to patients.
“Medicinal cannabis is already in use by thousands of veterans across the country, but we don’t yet have the data we need to understand the potential benefits and side effects associated with this alternative therapy,” Sullivan said in a statement when introducing the bill.
Last year, for the first time, a standalone piece of marijuana reform legislation was signed into law by a U.S. president. The “Medical Marijuana and Cannabidiol Research Expansion Act” is just one signature away from historic enactment.
February 18, 2023
DEA: Two Cannabinoids ‘Do not Occur Naturally’ in Hemp

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In an expected move yesterday, the U.S. Drug Enforcement Administration (DEA) says that two cannabinoids with a growing market presence do not meet the federal definition of legal hemp and are therefore considered illegal controlled substances.
Attorney Rod Kight inquired about the legal status of delta-8 THC-O and delta-9 THC-O with the federal agency last year and followed up earlier this month.
DEA sent a response letter on Monday, saying the two cannabinoids “do not occur naturally in the cannabis plant and can only be obtained synthetically, and therefore do not fall under the definition of hemp,” according to Marijuana Moment.
“Delta-9-THCO and delta-8-THCO are tetrahydrocannabinols having similar chemical structures and pharmacological activities to those contained in the cannabis plant,” the letter from Terrence L. Boos, chief of DEA’s Drug & Chemical Evaluation Section, continued.
Kight responded to DEA’s letter in a blog post on Monday, writing that “although I do not always agree with the DEA’s view on cannabis matters, I agree with this opinion and, frankly, am not surprised. This is what I have been saying for a while.”
“I have been concerned about the proliferation of THC acetate ester (THCO) for a while. It has always been my view that THCO is a controlled substance under federal law,” he said. “Although it can be made from cannabinoids from hemp, THCO is not naturally expressed by the hemp plant. It is a laboratory creation that does not occur in nature, at least not from the hemp plant.”
February 14, 2023