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Even the legal weed state senators were voting for this.

It is mostly about shifting profits from mom and pop, low regulation hemp industry to wealthy corporations that own dispensaries that have gargantuan regulatory costs that gatekeep out most the competition. This ensures profits are captured by the wealthy rather than small family type setups.

Wealthy former hemp companies will shift to the "legal" weed market, while the mom and pops will get completely wiped out.



Exactly. This pattern I think accurately describes the state of the US economy in general over the last few decades. Wealthy extracting wealth from what’s left of the middle class and further extracting wealth from the already poor. The decline of the US is now openly visible and attempts to hide this through economic language / indicators / propaganda etc are now openly not reflecting reality and often come off as in a dark way comical. This applies to some other western nations like France, England and perhaps Germany.


> It is mostly about shifting profits from mom and pop, low regulation hemp industry to wealthy corporations that own dispensaries that have gargantuan regulatory costs that gatekeep out most the competition.

That’s a big assertion that needs evidence. I’m strongly in favor of legalization but not deregulation. It was a pretty big loophole that allowed what’s essentially weed to sidestep the regulation their competitors faced - and there wasn’t great consumer awareness about the differences even though there were safety implications: https://drexel.edu/cannabis-research/research/research-highl...

This law seems pretty well targeted in its scope, bringing the 2018 law back to what was intended (easy legal CBD/hemp, as long as there aren’t other things in there).


We are speaking of federal law here.

There was absolutely no federal regulatory framework for marijuana. none. It's just plain illegal. Unless you can get one of a handful of research licenses, which is almost totally irrelevant.

Hemp had some, fairly weak regulation. And theoretically, testing requirements, although they were deferred and deferred to the point they were basically done only privately with the idea the DEA would eventually get involved.

Instead they're just dumped now into the marijuana bucket which has no federal regulation at all, or alternatively, at the state level the states could always define their regulatory framework to be agnostic to THC content of cannabis.

So this does the exact opposite of what you had hoped.


Yet Kratom is legal, yt is recommending to me some product called "meth" (not joking) and there are a million new research drugs coming out every decade?

It's just old-school think of the kids and not in my territory. We don't know how to regulate and handle this because our politicians and more and more our citizens don't understand what is being voted on or has been happening in their own states for 7 years.

Have you used these products? It's a shame, the quality that I was getting just within the past 3 months was incredible and it is market not afraid to try new stuff.

I'm sad, flower from OR, NC, OK, IN, and others will never legally hit my lungs. Back to the cartels? Or perhaps I should overpay by $200 with the comfort of having 0 clue where it comes from, again?


> I'm sad, flower from OR, NC, OK, IN, and others will never legally hit my lungs

You have the power to elect people that will actually represent you.


>(easy legal CBD/hemp, as long as there aren’t other things in there)

Your ignorance shows in spades. The arbitrary ban on THC and its analogues prevent chronic pain patients like me (a criminally underserved market) from becoming addicted to the big pharma system. The "other things in there" argument is the same as razorblades in candy, sanctimony to portray dissent as degeneracy.


In my experience it is also the other things in there which helps with the pain relief. Doctors in my country talk about the entourage effect and mixing strains as they reckon it's not just the THC which is helping.

I can imagine people in the future looking at us like idiots as they use cannabinoids in the same way we use paracetamol.

From personal experience suffering from chronic pain cannabis is absolutely transformative. The difference between a life spiralling to nothing just about surviving on opioids compared to effective pain relief from cannabis and being able to work and be productive again.

One of the tragedies of the 20th and hopefully not the 21st century. So many people in so much unnecessary pain.

Looking at history I could quite easily come to the conclusion... ...due to racism.


> From personal experience suffering from chronic pain cannabis is absolutely transformative.

Like all drugs, it’s sad it doesn’t work this way for everyone. I had to transition from cannabis to opiates and lyrica. I wish this was not the case.

They suspect it’s due to the source of the pain (spinal cord injury) and the cannabis is “exciting” my nerves in the wrong way, as it actually increases my pain; or at least my perception of it.


Selling it as a pain reliever I can't buy into personally based off my anecdotal experience. I've had chronic pericarditis for more than a decade now and THC amplifies mine as well, as I tend to focus more on the pain. I think it's a very subjective thing, depending on many factors; strain, type of pain, person, etc.


> I've had chronic pericarditis for more than a decade now and THC amplifies mine as well, as I tend to focus more on the pain.

This is a very apt description. It’s like it narrows my entire focus into the pain and it seems to become more…in focus.


THC is for getting high.


> The arbitrary ban on THC

You clearly haven’t read either the original law or this one.


> That’s a big assertion that needs evidence.

It really doesn't. It's well a well-established fact that heavy regulations favor larger enterprises over smaller ones.


Corporations are eroding democracy with their powerful lobbies. They have too much money and influence. And yet too much of the electorate has been convinced it's good for the economy to just let them and the super rich have free reign.


76/100 senators voted to keep this provision.


Legal weed senators were voting for it because their constituents include people growing legal weed. The hemp product market competes with these constituents.

The anti-weed senators were voting for it because they are anti-weed.


Most senators who vote on this bill are not voting on the basis of the hemp thing in either direction. That's why all the headlines are about the tactic of sneaking it into a "too big to fail" budget bill.


There was an opportunity for this bit to be removed from the bill.

76 of 100 voted to keep it. This, is like, literally the entire point of discussion in this part of the thread? I don't understand where your confusion lies.


Are you saying it was an amendment? That it not what I get from this or any articles I've seen about it.

TFA:

> On Sunday, Senate leadership inserted a hemp-recriminalization clause into the must-pass funding bill

> ...

> Not a standalone bill. Not a debate on cannabis reform.

Seems like it wasn't a full Senate vote on a specific amendment, but the bill as a whole. I've elsewhere seen it stated as McConnell acting alone.

Edit: as I googled around, I found that Rand Paul attempted to use an amendment to remove the language, and it failed. But people vote on amendments for all sorts of strategic reasons. For example maybe they felt the amendment would kill the bill, because house and senate bills need to match, and the terms had already been negotiated.


> For example maybe they felt the amendment would kill the bill, because house and senate bills need to match, and the terms had already been negotiated.

I don't recall ever hearing of reconciliation being a deal-breaker.

Also, if Senate leadership inserted the clause, that means that it wasn't in the House's version to begin with.


Rand Paul's vote was, like, specifically for this, and the house is clamoring for the hemp stuff even less.

This is Mitch McConnell's crusade.


Honest question but how is hemp competing with weed? Are these different plants?


The product being sold at your local dispensary is produced, marketed, distributed, and sold by an entirely different chain of businesses and people than the product being sold at your local head shop.

THCa/Delta8/similar products are produced under an oversight in the hemp legislation and different businesses are taking advantage of that than those involved in the legal marijuana trade.


Hemp is classified as below .3% THC (compared to old-school weed strains at 15% and modern levels at mid 30%s). Hemp is male and female, and trash in potency, but THC and other products derived from it are fair game in some jurisdictions, or a grey area.

It is certainly a different market than legal, high potency THC, as well as medical.


> compared to old-school weed strains at 15% and modern levels at mid 30%s)

These levels are still primarily based on THCa content, not Delta9 THC. Even your regulated legal flower is very low in D9 THC.

> It is certainly a different market than legal, high potency THC, as well as medical.

Much of it is literally the exact same. They are growing the exact same strains and cultivars as the regulated legal marijuana industry, just making sure to harvest and process them in a way that prevents the decarboxylation of THCa into D9 THC from going over .3%


It is quite literally the same and the distinction between hemp and marijuana is entirely arbitrary as defined by a shitty and ignorant law.


> how is hemp competing with weed? Are these different plants?

I live in Wyoming, where weed remains technically illegal. The 'legal' weed is trucked in from Montanta and sold at farmers' markets. The hemp is sold at the liquor store check-out counter.


I'm surprised a lot of people missed this, but hemp growth actually causes thc plants to lower their cbd because of unexpected pollination. you can't grow them in the open near each other


There's a lot of confusion here.

The hemp products in question are not, like, hemp rope. They're just pot that is classified as hemp because they are harvested and processed in such a way that keeps the D9 THC below .3% at the time of testing.

If you were to go look at a growing operation for someone making THCa flower and then go look at a growing operation for someone making regulated legal marijuana, they would be virtually indistinguishable.


The humorous part though, is that the 'legal' growers screaming about the 'unregulated' competition and for this law, are actually the outlaws breaking federal law and totally non-scrutinized by federal regulation (other than the fact it's outright illegal).

It is the absolute worst case of gas lighting. The literal, federally unregulated criminals were screeching that the people obeying the law and following the regulations (even if in a way legislators didn't expect) were unregulated cowboys who were 'skirting the law.'

It's absolutely comical if you think about it. And somehow, this argument actually won.


I see both sides of it.

Many of the state legalized programs do have significantly higher standards because they are explicitly regulating for things intended to be consumed by humans, while the federal regulations for hemp are focused in an entirely different area.

As a consumer, I would prefer to be purchasing the more stringently regulated state-legalized product. But that would require I live in a state that has legalized it.

Instead, my options are (at least for another year), purchase the less stringently regulated "hemp" products or the entirely unregulated stuff grown god knows where by god knows who with no recourse if it turns out they've been spraying their crop with leftover lead arsenate.


It's the same plant, but hemp refers to the leaves and plant matter that isn't the THC-rich flower buds.


They are the same species, but it's a Brussel-sprouts vs Broccoli type situation where they started as the same plant but have been selectively bred for different purposes


The THCa/Delta8 stuff is not brussel-sprouts vs. broccoli. They difference is in timing around harvest and process. They're growing many of the exact same cultivars as what is sold in a proper dispensary (and indeed, much of what is sold in dispensaries would actually qualify because they actually have very low levels of Delta9 in them)

You can effectively just under-cure the exact same plant and get something that comes in under the limit.


Both Senators in California, my state, voted for the ban. Neither has explained why.


Newsom recently banned hemp-based THC at the state level anyway, so there's no real change in California.

https://www.cannabisbusinesstimes.com/us-states/california/n...

They were taking very low % hemp that is supposed to be for textiles and extracting the little THC there was into low quality vapes. Because they didn't need the state growers licenses to grow hemp, there was no mechanism to test for pesticides and such. When we do have all that infrastructure for legal THC regulation, why allow people to sidestep all that?


> They were taking very low % hemp that is supposed to be for textiles and extracting the little THC there was into low quality vapes.

This is not at all what was happening. These aren't some special strains or cultivars where there is a remnant of THC that is getting squeezed out from a large quantity of plants to make a small quantity of product - they are same strains and cultivars being used by the legal dispensaries. It is a matter of timing and process - harvest and undercure the flower and it will not have converted enough THCa to Delta9 THC to hit the legal limit. In fact, many legal operations follow similar timing on harvesting and similar processing - the flower in your local dispensary is still mostly THCa, and a good chunk of it is likely under the limit for D9 THC as well.

Much if it is effectively the exact same thing under a different label.

> When we do have all that infrastructure for legal THC regulation, why allow people to sidestep all that?

I do agree here. There's no need for the unregulated market when a proper legal market exists.


oh, I didn't know that. That's even more nefarious than I thought. Thanks for the info!


I'm not sure I understand how this is particularly nefarious. It complies with the law as written, and results in a significantly better product for those choosing to consume it.


>I'm not sure I understand how this is particularly nefarious. It complies with the law as written, and results in a significantly better product for those choosing to consume it.

Perhaps "nefarious" is too strong a term, but the intent (at least in states that have legal cannabis) AFAICT, is to avoid the regulations around testing for adulterants, potency, etc.

In most states with legalized cannabis, testing for a variety of harmful ingredients and the potency of specific products is required for those taking part in the legalized cannabis trade.

Those growing, packaging and distributing "hemp" products are not subject to such testing regulations.

That may not be nefarious, but avoiding such regulation increases the likelihood of harmful additives (chemical pesticides and other adulterants) and unknown potencies. This would likely increase the chances that unscrupulous vendors will sell (knowingly or unknowingly) harmful/dangerous products.

And given that the products are essentially the same, that gives those who don't have to pay for testing or go through the marketplaces defined by state laws, giving those folks an advantage over those who follow state law.

What's more, folks who avoid extant law through this loophole, are not incentivized to make safe, tested products.

So maybe not "nefarious," but certainly anti-consumer with perverse incentives to create and sell harmful products.


> Perhaps "nefarious" is too strong a term, but the intent (at least in states that have legal cannabis) AFAICT, is to avoid the regulations around testing for adulterants, potency, etc.

My (perhaps incorrect) understanding is that the majority of the sales are happening in the 26 states without recreational marijuana, however, and that many consumers in the recreational states are still choosing to go with the dispensary product vs. head shop/liquor store/etc.

As someone in a non-rec state, as much as I would prefer the dispensary option with stricter regulations, it's still much more regulated than "the dude whose house i show up with and venmo him some money and get a bag that came from god knows where"


>My (perhaps incorrect) understanding is that the majority of the sales are happening in the 26 states without recreational marijuana, however, and that many consumers in the recreational states are still choosing to go with the dispensary product vs. head shop/liquor store/etc.

I don't know if that's the case, but it wouldn't surprise me at all.

I'm not sure what you mean WRT "hemp" being more "regulated" than the black market. Even though I live in a (now) legalized state, there's still a thriving black market, both for folks who have been growing for decades who maintain a positive reputation among distributors/wholesalers, and those who purchase out-of-state product (that's tested and sold legally in those other states) without tax or records, and can then undercut the legal dispensaries.

I'm not familiar enough with the "hemp" growers/sellers, but IIUC, since it's not supposed to be used as a mind-altering substance, the testing and purity regulations may not apply.

All that said, things are a mess WRT to cannabis in the US. Some states are doing it well, others are not. And the Federal government, while not irrelevant, has not made progress in this area -- and that includes the "hemp" loophole which (and I could be mistaken here) isn't regulated at all.

Hopefully sometime in the future the states and the federal governments will get it right. Which is often how these types of issues are addressed in the US -- study the issue carefully, choose the path that is least effective and most harmful, then iterate, trying less bad and less harmful "solutions" as you go along.

Presumably we'll get there eventually.


> I'm not sure what you mean WRT "hemp" being more "regulated" than the black market.

Just basic laws around farming. For example, lead arsenate is banned in the US, and I trust the hemp farmers to not be using it as much as I trust any similar operation, but someone illegally growing stuff? They're already breaking the law. And who knows where it was grown to begin with?

And in general, there are companies behind all of this. There are names. Legal recourse if shit goes wrong. Who am I going to sue if I find out that the shit Bob has been selling me has been full of harmful pesticides or if the oil was full of some harmful additive, etc.?


Fair enough.

Legal recourse is definitely an upside of not dealing with a black market. I agree.

I'm not familiar with the laws around hemp growing and/or the Federal loophole, but I hope you're right about at least minimal regulation (and legal recourse for) of non-consumable products, especially if they're being consumed (can you sue the makers of clothing or rope if you get sick eating or smoking their products?).

As I said, hopefully we'll eventually get to a sane policy regarding cannabis.


If it was a textile-style-hemp farmer getting the last few bucks out of their crop via a loophole, that I can understand. Not great, but I can rationalize it.

Someone growing the same plant that is regulated by California but decides they don't need testing or licenses is just plain anti-social. You can't not know you're doing something wrong in that case.


Most of the sales are in states where marijuana has not been legalized, from my understanding.

I'm more concerned with ending an absurd prohibition, personally.


I don't understand how this has anything to do with federal hemp law, under federal law marijuana doesn't have any testing requirements either as it's just plain illegal. So what does California have to gain in testing by dumping hemp into the marijuana bucket at a federal level, neither of which improves the testing requirements in California? California could simply require hemp to be tested, but making hemp federally illegal does nothing on that point.

The only answer I can think of is that hemp grown outside of California was competing with california 'legal' weed, the testing angle is non-sensical since this change in law moves hemp from 'kind of required to be tested (but none of the DEA testing implemented, so it's done privately and sometimes not at all), but poorly' to 'illegal' and marijuana still at 'illegal'.


In general this kind of excuse is used by incumbents to pass laws to thwart competition.

You have some regulatory framework which has already been created by captured regulators, so it has a couple of rules that it ought to have (always the ones pointed to in order to justify it) and then others that exist merely to exclude competitors or make sure fixed costs are high enough that only large incumbents can meet them.

The latter set of rules are unreasonable so the market finds a way around them. The incumbents then call this a "loophole" and insist that the competitors be forced into the entire framework rather than just the subset of reasonable rules they'd be able to satisfy without being destroyed. Which destroys them, as intended.


I didn't want to believe you so I went to the source: https://www.senate.gov/legislative/LIS/roll_call_votes/vote1...

wtf.


That’s not all that was added in there


I'm not sure how this relates to the above comment.

EDIT: I'm assuming this is to point out it's a bipartisan effort. Well, yes, there isn't exactly a pro-people party.


It says that weed supporting stats voted for this. They did.




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