Laws
States struggle to set rules for hemp intoxicants such as delta-8 THC
If states are the laboratories of democracy, as the saying goes, those labs are getting some surprising results this year as they experiment with ways to regulate hemp derivatives in the face of federal inaction on the rise of intoxicating cannabinoids made from newly legal hemp plants.
More than a dozen states have taken up legislation so far this year to either ban or regulate the conversion of hemp extracts into intoxicating cannabinoids such as delta-8 THC.
With few exceptions, the experiments were as messy as a homemade baking-soda-and-vinegar volcano.
Take Tennessee for example. Lawmakers in Nashville couldn’t decide whether to ban delta-8 THC and other hemp-derived intoxicants entirely or side with hemp operators and pass a bill to set some safety standards to address a flood of unregulated and possibly dangerous lab-created products derided as “frankenweed.”
So, instead, Tennessee lawmakers closed up shop without doing anything, leaving their state awash in unregulated THC products sold with no age requirements or safety oversight.
“That was a roller-coaster ride,” said Frederick Cawthon, president of the Hemp Alliance of Tennessee.
“We literally ended up right where we started the year,” he told MJBizDaily, pointing out that few cannabis product manufacturers have in-house attorneys to navigate fast-changing regulations.
“The majority of these companies are small mom-and-pop operations, not heavily capitalized. And then, just with the changing regulations, with the unknowns, it’s hard to manage a business.”
Feds to blame
Cannabis attorneys say federal ambiguity is to blame for the regulatory roller coaster Cawthon and his colleagues are experiencing.
That’s because the 2018 Farm Bill that legalized nationwide hemp production also legalized all hemp “derivatives” and “extracts,” meaning that cannabinoids made from extracted CBD are legal as long as the plant where they began met the legal definition of hemp.
In other words, it’s no violation of the U.S. Controlled Substances Act to extract CBD from a hemp flower and then put the CBD through any type of manufacturing process. That legality was affirmed just this month by a federal appeals court in California.
But that doesn’t mean a hemp operator isn’t violating other food and drug laws by selling those processed extracts to consumers.
The U.S. Food and Drug Administration was given explicit permission to control all that, and so far, the agency has declined to authorize any cannabinoid products without a prescription.
At the same time, the FDA has done little over the past four years to regulate widespread sales of hemp extracts such as CBD, despite repeated entreaties from industry groups and retailers to do so.
Confused? State regulators are, too, and their halting efforts to bring order to the marketplace of hemp derivatives explain law enforcement’s apparent whack-a-mole approach to hemp-derived intoxicants.
“Because of the FDA’s delay in developing a regulatory framework for hemp-derived intoxicants, states have had to step in as sort of mini-FDAs,” explained Shawn Hauser, a lawyer specializing in hemp policy at the Vicente Sederberg law firm in Denver.
Talking to hemp operators on a recent webinar designed to help untangle the “complicated and complex patchwork of state regulations” on hemp products, Hauser pointed out that even when states try to get ahead of industry innovations by setting broad limits on things such as “synthetic” or “intoxicating” products, they run into problems.
That’s because there are no definitions of either of those terms in federal law.
States, for now, are on their own to suss out which hemp products need regulation.
And they’re doing so against a backdrop of opinionated business owners across the THC spectrum, not to mention law enforcement and concerned parents who all are clamoring for rules friendliest to their own interests.
State efforts
At least 16 state legislatures considered proposals to control the sale of hemp extracts in 2022, according to the Vicente Sederberg firm.
Tennessee wasn’t the only state where those proposals spun out. Most of the suggested regulatory changes failed to meet the finish line. Among them:
- A Colorado bill to prohibit the manufacture of intoxicants from hemp sparked an uproar from patients groups that warned the move could prohibit therapeutic preparations as well. Colorado lawmakers, no strangers to complicated cannabis issues, punted the issue to state health authorities to figure out later, after more study.
- Kentucky lawmakers considered an explicit delta-8 THC ban requested by law enforcement but ultimately left the status quo.
- Virginia lawmakers agreed to limit certain hemp extracts, as did the governor. But the Virginia politicians couldn’t agree on penalties for other cannabis offenses, dooming the entire effort.
That’s not to say there haven’t been notable state-level policy changes this year that hemp businesses need to know about.
At least two state legislatures have passed bills to limit the sale of hemp intoxicants and are expecting to see their governors sign them into law:
- Maryland lawmakers passed a bill banning the sale of delta-8 or delta-10 THC products to anyone younger than 21.
- Minnesota lawmakers voted to allow hemp-derived THC products to be sold to adults older than 21 in general retail stores, if the products meet certain safety protocols.
Industry fallout
The legal confusion over where hemp intoxicants are allowed has some cannabis businesses on the run – literally.
In Topeka, Kansas, a retail store that sold THC products derived from hemp, Guardian MMJ Recreational Cannabis Dispensary, was raided and closed by sheriff’s deputies in April.
Owner Murray Dines is suing the county. And he’s moving his storefront 30 miles away to Lawrence, where he believes law enforcement will allow his shop to operate.
“They can’t make something a Schedule 1 drug that’s federally not,” Dines told MJBizDaily.
“And that’s what’s happening. They have no right to (close stores), but they’re doing it.”
To Antar Davidson, executive director of the Mississippi Farmers Hemp Association, the cat-and-mouse game faced by today’s hemp operators underscores how glaringly inadequate federal guidance has been on a plant with as many uses as cannabis.
“All of this is the utter confusion of basically applying an old justice system to an entirely new plant,” he said.
“Cannabis is so nuanced. You have so many uses within just the one plant. … This piecemeal approach, it’s never going to work.”
Hemp Editor Kristen Nichols can be reached at kristen.nichols@mjbizdaily.com.
Source: https://mjbizdaily.com/states-struggle-to-set-rules-for-hemp-intoxicants-such-as-delta-8-thc/
Business
A Tipping Point for Cannabis: President Trump Champions CBD & Cannabis Science on Truth Social
When the President of the United States shares a video about the life changing potential of hemp derived CBD on his personal social media platform, it is more than news, it is a cultural shift.
For decades our government lied to us about cannabis. It demonized the plant, waged war on its users, and filled prisons while allowing pharmaceutical companies to flood the nation with addictive and deadly drugs. For over a century we have been fighting uphill, not just for legalization, but for truth, for science, and for the right to heal ourselves naturally.
Now in 2025, the most powerful political figure on Earth is using his own voice and platform to talk about the endocannabinoid system and the science backed benefits of CBD. That is monumental. It is validation for everyone who has fought, been arrested, been silenced, and been dismissed for telling this truth. The President’s video post is already being described as a pivotal moment in cannabis history, and President Trump CBD Cannabis Science Truth Social is trending across platforms as advocates celebrate the breakthrough.
The Science Behind the Endocannabinoid System
The video begins by introducing something most people, including many doctors, still know little about, the endocannabinoid system. Discovered in the 1990s, the ECS is a network of receptors and signaling molecules that works as the body’s master regulator, coordinating communication between major systems like the nervous, immune, cardiovascular, and digestive systems.
The roots of this discovery go back much further. CBD was first isolated in 1940 by American chemist Roger Adams, but it was Dr. Raphael Mechoulam, an Israeli organic chemist, who fully elucidated the chemical structure of CBD and identified its stereochemistry in the 1960s. His pioneering work not only opened the door to modern cannabinoid science but also earned him the title “Godfather of Cannabis Research.” It was this foundation that led to the identification of the endocannabinoid system itself decades later, revealing how cannabinoids interact with our physiology on a fundamental level.
The ECS is now widely recognized as a vital part of human biology, with extensive research supported by the National Institutes of Health. When functioning properly, the ECS acts like the conductor of an orchestra, ensuring every section plays in harmony. As we age, the system weakens. That imbalance is linked to inflammation, chronic pain, cognitive decline, sleep problems, and many other conditions associated with aging.
Mainstream medicine often addresses these issues with pharmaceutical band aids, dangerous and addictive drugs that treat symptoms rather than root causes. Lifestyle changes such as diet and exercise help, but they only partially support the ECS and do so slowly over time.
Hemp Derived CBD: A Game Changer for Aging
Here is where the science gets exciting. As the video explains, the ECS can be restored much more quickly with hemp derived CBD. Strengthening this system naturally helps the body regain balance, reducing pain, improving sleep, lowering stress, slowing disease progression, and even extending healthy lifespan.
It is not theoretical. One in five seniors is already using CBD to manage pain, arthritis, cancer symptoms, sleep disorders, Alzheimer’s, and more. Despite decades of research and acknowledgment from institutions like the National Institutes of Health, most physicians receive no training on the ECS. There are still no FDA standards for CBD products on the market. If that were the case for any other class of medicine, it would be considered malpractice.
The World Health Organization has confirmed CBD’s excellent safety profile and non addictive nature in its critical review report. The result is that millions of older Americans are suffering unnecessarily when a safe and natural solution exists.
Hemp derived CBD is a powerful first step in restoring balance to the endocannabinoid system, but it is only part of the picture. Research shows that full spectrum cannabis extracts, which include a broader range of cannabinoids and terpenes, can work even more effectively. Complete concentrated cannabis oil, containing the full spectrum of natural endocannabinoids, may deliver the most profound results for certain patients. Expanding access to these therapies will be essential if we want to unlock the full healing potential of this plant.
The Economic and Social Impact
The video cites a powerful figure. A PricewaterhouseCoopers analysis estimates that fully integrating cannabis into the healthcare system could save the United States nearly 64 billion dollars annually. These savings reflect reduced pharmaceutical dependency, fewer hospitalizations, improved chronic disease outcomes, and enhanced quality of life for aging Americans. You can read more about PwC’s research on healthcare innovation here.
It is a financial argument, but it is also a moral one. Why should our elders endure pain, anxiety, and cognitive decline when nature has given us tools to help them live longer, happier, and healthier lives?
A Call to Action: Finish What the Farm Bill Started
The message concludes by crediting the 2018 Farm Bill, championed by President Trump, for legalizing hemp and laying the groundwork for today’s CBD market. The Farm Bill was just the first step.
Now the call is for bold next moves.
- Educate doctors about the endocannabinoid system
- Include CBD under Medicare coverage
- Provide clear federal standards for CBD quality and dosing
These steps would constitute the most significant senior health reform in modern history, one that would transform aging and cement a powerful legacy for any administration that makes it happen.
What This Means for Future Cannabis Medicine
For those of us who have been in the cannabis community for decades, this is not just another news story. It is a signal that our movement is winning. A conversation that was once criminalized and censored is now being amplified by the President of the United States on his own platform.
It means the science is undeniable. It means the truth can no longer be buried. It means the wall of prohibition is cracking, not just legally, but culturally, scientifically, and politically.
It also means that everything we have been fighting for at 420 Magazine since 1993, education, access, healing, and justice, is finally moving full steam ahead. The President Trump CBD Cannabis Science Truth Social moment is proof that science and policy are finally converging.
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
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