Just to be clear, Iām not pretending that high THCa hemp is not hemp. Thatās just established legal precedence at this point - which is why the legislature is rapidly making it no longer legal.
Iāve seen dozens cultivars personally that at 4 weeks prior to harvest test at less than 0.3% Total THC. Why is that? Because many cultivars donāt start setting THCa until the later weeks of flower. I see this in my licensed cultivation in Michigan as well. Testing plants at 2 weeks, 3 weeks, 4 weeks, and even 5 weeks in flower and seeing that they are still ātechnically hempā.
Now are they definitely equivalent to weed once they are harvested - 100%.
And thatās the problem with these conversations. Scientific reality, legislative reality, and market reality appear to constantly be in conflict. The final rule was written by people focused on producing rope. And that final rule was ran around by the cannabinoid producing hemp industry almost instantly.
@pdxcanna how are you not aware of the cases across the country? Thereās been over 50 cases against the DEA on this very issue. And those cases established all kinds of precedence - everything from being able to maintain your cannabis trademark because youāre actually a hemp company even when you have THC (yes, that happened in WA) to the DEA and state police do not have jurisdiction over converted vaping products sold in convenience stores - to you can now get THC in beverages drop shipped to your door and found in some of the largest big box stores.
Its just wildly allowed - with limited enforcement from any quarter on basic things like the FD&C violations and violating individual state laws on hemp products.
Hell - even folks doing conversion suffered once folks realized that you could plant high THCa cannabis sativa plants, that do not set Total THC until after week 5 of flower and then bam. Now you have harvest documentation saying you have a ālegalā hemp crop - which looks just as good as normal weed.
Even licensed operators in places like MA and MI and MD are trying to figure out how to get their licensed cannabis crops tested as hemp so they can export it to states with limited marketplaces.
Of course - thatās all going to stop now with the changes to the Farm Bill under the continuing resolution. And it doesnāt look like there are enough hemp friendly folks to help keep things accessible in Congress right now. And why should there be? Should they not be worried about WAR and healthcare and food prices instead? But I digress.
In general, folks make laws and then other folks make regulations. And then normal folks like us try to abide by them. While billionaires and their friends decide to say fuck all that and figure out how to roughshod over them while simultaneously leaving a wake of court cases for us all to follow along. And once that happens - we see what we are seeing now. Well funded prohibitionists, lead primarily by wealthy Republican donors working tirelessly to fund and lobby legislators to scare them that these products are dangerous (some are, most are not) and that no one intended this to happen (Iāve been lobbying for legalization since 1996, and over 70% of US adults think it should be legal, Iām pretty sure we all intended this to happenā¦) and therefore Congress should undo all the good work of getting the plant into more peopleās hands.
I really think that my efforts fail because we have a lack of technical knowledge and expertise to combat prohibitionists in the marketplace. Its an international voluntary consensus process - that means as a scientist I have to convince non-scientists, anti-science folks, and regulators of things.
In the US we are here debating āhempā and other bullshit. Around the rest of the world - they already decided that cannabis has medical properties and started allowing international trade in it years ago. They donāt give a fuck about it being āhempā unless its fiber or grain. Everything else is cannabis as intended and ready for medical usage. Or cannabis as intended and still fully illegal regardless of its medical usage.
And whatās really messed up about that - is the UN convention changed years ago but in the US we act like it hasnāt changed at all. Like somehow weāre special because we donāt give a fuck what the rest of the world thinks about things at all (thatās pretty apparent most of the time yeah?) and that means we are failling woefully behind in the international market on this.
That really sucks. But it seems par for the course right now. Weāve been falling behind since I was in 3rd grade. I donāt think anyone is going to right the ship. And that extends to fixing our ridiculous obsession with cannabis being illegal and not medicine. x.X
-end rant-