The War on Hemp: Small Business vs. Big Cannabis in Federal Courts
Legacy vs. MSO, the saga continues as the little guys stand up and fight. Update on Hemp regulation lawsuits across the United States October 2023
The state of the Industry update October 2023
The 2018 Farm Bill seemed like a beacon of hope for us hemp enthusiasts, small businesses, heck even farmers who had been banned from growing one of America's best growing crops for years! Who would've thought that a piece of legislation designed to legalize hemp would become the battleground for small businesses in several states?
Yet, here we are, watching and rooting for the people, as small businesses sue their states for not honoring the interstate commerce clause… which was clearly written into the bill. I read it, heck, I even created a graphic and shared it on my social media IN 2018! I recorded Youtube videos covering this topic. I would share with anyone that would listen about the loophole left by vague and honestly plain IGNORANT language added by congress into the bill. I guess they thought the more technical they were, the ‘safer’ they were in the language? I’m not sure on that one, but alas, here we are.
Lest We Forget the Leaders behind the Illegal Bills
I don’t want to gloss over the impactful role of some citizen advocacy non profits and groups. Among these, and from my view the leader of the pact being, … ugh I am sad to be reporting this even, but it was some select NORML chapters that stood out in advocating for these unlawful hemp bills.
These bills have hurt so many and I do not believe for a moment the people behind the push could not read. I am not an attorney, and yet I first made a graphic to explain the Interstate Commerce Clause of the hemp bill back in 2018. I just cannot fathom that these people claiming to be “experts” did not read the federal hemp bill and still advocated for these illegal regulations. My instinct tells me they did know…but playing dumb sometimes continues to pay the bills where as a solution could end the need for certain “lobby services”.
Anyways, in my state, leading the charge was, JM Pedini, who advocated for 903 as the head of VA NORML chapter. They were vocal in supporting the Virginia “hemp bill" that was, according to the recent court rulings in other states… illegal. Although the website was changed from “supporting” it (see first picture notes vs. updated 4/2023 notes on the second photo), I have not forgotten, in fact, I’ve been writing about it since it happened. Read that post here later.
If you read the top of the first photo, you can clearly see the words written for the preceding bill as well, that were then deleted in future updates. These screenshots were taken by myself and saved in files for purpose of comparing at a later date, I also utilized the way back time machine and internet archives to compare and make SURE this was an accurate change via their website.
It is in fact, 100% accurately shown in these screenshots. Both HB2294 was provided “technical amendments and support” to the bill by VA NORML as well as SB903 in the 2023 Virginia Legislature. For some reason, VA NORML thought it best to delete the first records, addressing their support and involvement, as shown in the second screenshot photo seen here:
I’ll go ahead and add this vote count (see the pic below) I kept though, check that out to see where your Virginia rep stands, and then let’s get busy diving into the current October 2023 state of the Hemp industry.
—Below excerpt & image from my April 13th 2023 Post located here via FreetheJane.com-
“I’m ending this post with this vote count. Remember the names of your representatives, election season is just around the corner!***
The Courts Have Spoken: Small Hemp Businesses are Winning
First off, let's talk about the recent court rulings that have been rolling in faster than you can say "delta-8 THC." A federal judge blocked a state from enforcing a law banning the sale of delta-8 THC products. Another court upheld a temporary injunction that halts the state from scheduling products containing the hemp derivative. And yet another court ruling allows businesses to continue selling delta-8 products in Texas. Here’s a summary:
Maryland: In Maryland, a group of hemp processors and retailers heavily reliant on delta-8 products sued the state regulators. They claim that the new cannabis rules are affecting their businesses negatively and, “alleging the new law violates the equal protection and anti-monopoly clauses in the Maryland Constitution”. I pointed out the monopoly point back in April when covering a similar hemp bill here in Virginia so I’m thrilled to see it upheld now in other places!
Judge Brett Wilson temporarily lifted restrictions on the sale of delta-8 and other hemp-derived products in Maryland. The judge's decision halted enforcement of a section of a new state law that only allowed licensed marijuana stores to sell these products.
The judge's ruling temporarily keeps afloat some hemp retailers who said the law was killing their business. State officials said they continue to seek dismissal of the lawsuit.
"The Administration was disappointed to learn of the preliminary decision in Washington County Circuit Court allowing for the continued sale of unregulated, untested, and intoxicating hemp-derived products," William Tilburg, director of the Maryland Cannabis Administration, said in a statement.
Make sure to read the follow-up article I’m posting tomorrow that includes a profile on Will and other board members making up the new federal regulatory board called The Cannabis Regulators Association (CANNRA). Lots to unpack on this one.
Arkansas: In Arkansas, a federal judge blocked the state from enforcing a law that bans the sale of delta-8 THC products. The state law banning Delta 8 THC and similar THC isomers found in industrial hemp remains in effect for now.
U.S. District Judge Billy Roy Wilson blocked the enforcement of Act 629 of 2023, which banned the sale and production of items containing delta-8, delta-9, and delta-10 THC in Arkansas. The ruling was issued after a motion hearing held on August 23 in federal court in Little Rock.
The case was brought against Arkansas, naming Gov. Sarah Huckabee Sanders. Wilson granted the injunction and denied the state's motion to dismiss the case. He issued the injunction because he found there is a likelihood that Bio Gen LLC will win the lawsuit. The trial date is set for next year, but if they take after Texas at all, it could be passed over and never take place.
Texas: Over in Texas, on September 28th, 2023, the Court of Appeals for the Third District in Austin ruled to uphold an injunction that prevents the state's Department of State Health Services (DSHS) from classifying delta-8 and other THC isomers as Schedule I controlled substances. This ruling allows businesses like Hometown Hero CBD to continue selling delta-8 products in Texas.
The DSHS asked the Texas Supreme Court to reinstate a ban on the products, but the high court refused to hear the case. A final hearing was set for January 2022, but it was canceled and never took place.
Virginia: Two hemp businesses and a private citizen are challenging a Virginia law that instituted tougher limits on hemp products. The law, which went into effect on July 1, set the maximum amount of THC in hemp products at 0.3% concentration and 2 milligrams per package. This cutoff has made hundreds of products placed on shelves before July illegal and subject to fines if sold. Verdict is due in TODAY! OCTOBER 18TH, 2023. I will update when it comes in!
Is Delta 8 Legal or Not?
Are states just making up their own rules as they go along? Do they even read the laws that are passed by the federal government? I’d like to say YES!... but it’s seeming more and more like until THIS YEAR some of these regulatory bodies didn’t actually know that all hemp is cannabis, but not all hemp is marijuana. I mean…. I'm not sure how it's even possible to get a position like they hold and not have the background and education…but that’s a whole other story for another day. Sign up so you don’t miss out on that and other industry news and highlights via Free The Jane, by Tara Eveland.
The Cannabis Regulators Association (CANNRA)
And now, let's talk about the Cannabis Regulators Association (CANNRA). They're asking Congress to change laws around hemp and cannabinoids through the forthcoming 2023 Farm Bill. They want to redefine hemp, modify rules around hemp-derived cannabinoids, and basically make it even more complicated than it already is. But who are these people, and why should we listen to them?
The Big Cannabis Connection
So, who's pulling the strings behind the curtain? Is it Big Cannabis or MSOs (Multi-State Operators)? The advocacy group CANNRA, which recently expanded its membership to include international regulators, is urging lawmakers to set minimum requirements for processing and manufacturing, ingredients, contaminant and potency testing, packaging, and labeling. It's hard not to see the vested interests here. Yet obviously this requires more sourcing and digging to even begin to understand.
Next post coming in hottttt!!!!
Stay tuned as we continue to unravel this complex web of legislation, vested interests, and legal battles. Subscribe to our Substack for the latest updates on this unfolding saga.
Thank you please blow it all up now!! We all have been deceived long enough! You and I have been talking about this over a year now heck I think it's what got us introduced to each other lol. You got all the goods make it happen lady! You know WHO has played both sides can't wait to see it all!!