\n<\/p>\n
A new study from an industry advocacy group in California examines the content of dozens of unregulated intoxicating \u201chemp\u201d products that are easily available in the Golden State despite being banned by state law.\u00a0<\/p>\n
The study, entitled \u201cThe Great Hemp Hoax,\u201d was released February 13th by the San Diego\/Imperial Counties Joint Labor Management Cannabis Committee \u2014 made up of representatives of\u00a0UFCW Local 135, and local companies\u00a0March & Ash\u00a0and\u00a0Embarc. Its provocative kicker states: \u201cMuch of what\u2019s sold as \u2018hemp\u2019 today isn\u2019t hemp at all \u2014 it\u2019s a mix of synthetic intoxicants and illicit THC masquerading as a legal, natural product.\u201d\u00a0<\/p>\n
The report\u2019s lead author is Tiffany Devitt of\u00a0Groundwork Holdings, Inc., the parent company of March & Ash and CannaCraft. For the study,\u00a0Infinite Chemical Analysis Labs\u00a0of San Diego tested 104 products marketed as \u201chemp\u201d \u2014 mostly chewable gummies and vapes \u2014 that were purchased online from 68 brands.\u00a0These include well-known names like Cookies, Cheech and Chong, Cali Extrax, Dome Wrecker, Torch, and Cake.<\/p>\n
The study\u2019s findings indicate that many so-called hemp products are infused with synthetic psychoactive cannabinoids, which can actually make users feel loopier than natural Delta-9 THC. What\u2019s more, synthesized Delta-9 THC is present in many of these products, despite being prohibited in both California\u2019s cannabis and hemp programs. And finally, these products, mostly vended through websites, are effectively dodging the taxman \u2014 raising no revenues for state or local governments.\u00a0<\/p>\n
Speaking in a Feb. 12 online press conference, Devitt stated: \u201cWe\u2019ve been watching the hemp industry emerge, and it\u2019s exploded into a marketplace of highly intoxicating products. The real head-scratcher for us is that hemp is actually a really inefficient plant from which to make naturally psychoactive products.\u201d\u00a0\u00a0<\/p>\n
Explains Devitt: \u201cIf I\u2019m going to extract or source Delta-9 THC from hemp rather than [high-resin] cannabis, I\u2019m going to need around 50 times more biomass, which means 50 times more acreage, 50 times more labor, 50 times more water, et cetera, et cetera, to make a small amount of THC distillate. And the picture for Delta-8 is even more out of whack because there\u2019s less natural Delta-8 THC in hemp than there is Delta-9 . . .\u00a0 If I\u2019m using naturally extracted Delta-8 from hemp, it\u2019s going to take about 19 pounds of biomass to make a 2-gram cartridge.\u201d\u00a0<\/p>\n
This pointed right away to industry corner-cutting. If the THC is not coming directly from the hemp plant, then where is it coming from? And what\u2019s actually in psychoactive products labeled as \u201chemp\u201d? The study found that these products are chock full of synthesized compounds that can be more potent\u00a0 \u2014 and riskier \u2014 than the natural cannabinoids found in the plant.<\/p>\n
The study defines \u201cchemically synthesized cannabinoids\u201d as compounds made through a chemical conversion process rather than being naturally extracted from the plant. These can include Delta-8 and Delta-9 THC, which are typically synthesized from CBD isolate that\u2019s sourced from hemp. There\u2019s also THCP, THCO, HHC, and others that can\u2019t be made from CBD starter material \u2014 and thus are outside any legal definition of \u201chemp.\u201d These illegal compounds are designed to mimic the effects of Delta-9 THC but are often chemically modified to amplify intoxicating effects. THCP, for example, is estimated to be over 30 times stronger than Delta-9 THC.\u00a0<\/p>\n
The study arrived at a \u201cTHC Potency Equivalency Factor\u201d (PEF) based on each compound\u2019s relative CB1 (cannabinoid) receptor binding affinity compared to natural delta-9 THC. THCP was found to have a PEF of 30 \u2014 meaning it is 30 times more efficacious at getting you high than its natural cousin Delta-9 THC. \u201cThis can also mean amplified health risks,\u201d says Devitt, who compares THCP and other \u201cuber-strong\u201d designer compounds identified in the study to the street drug Spice. Also known as K2, this is basically any herbaceous substance treated with synthetic molecules that overwhelm or trip-switch the CB1 receptor.<\/p>\n
Sloppy language in the 2018 US Farm Bill inadvertently opened this \u201cPandora\u2019s box\u201d of unregulated psychoactive designer compounds by legalizing cannabinoids other than Delta-9 THC that were derived from \u201chemp\u201d as defined by federal law \u2014 that is, cannabis with under 0.3 percent THC. This was intended as a means of day-lighting CBD, the non-psychoactive (or perhaps very subtly psychoactive) cannabinoid with a plethora of purported curative properties. A glut of CBD flooded the market after the passage of the Farm Bill, and this set the stage for intoxicating hemp entrepreneurs, who took advantage of the CBD\u2019s trickster-like ability to shape-shift \u2014 or be shape-shifted \u2014 into Delta-8 or Delta-9 THC via a chemical conversion process.\u00a0<\/p>\n
For some perspective on the matter, Project CBD turned to Mark Scialdone, a\u00a0molecular chemist with Saint Michael\u2019s College in Vermont, who co-authored a 2023 paper for the International Cannabinoid Research Society (ICRS) entitled \u201cThe Dark Side of Cannabidiol.\u201d\u00a0 \u201cBefore the Farm Bill, extracted CBD was $5,000 per kilo; since the Farm Bill, it\u2019s down to $200,\u201d Scialdone explained. \u201cThe market crashed. There was an incentive to take a material nobody wants to buy and create a product from it that there\u2019s a demand for. People want to get high.\u201d<\/p>\n
However, a major problem: intoxicating \u201chemp\u201d products, poorly manufactured without meaningful oversight, often contain THC isomers not found in nature. The \u201cHemp Hoax\u201d study identified these and other byproducts of the chemical conversion process, including corrosive solvents and heavy metals, which found their way into gummies and vape carts. As Scialdone pointed out, it\u2019s technically difficult and prohibitively expensive to filter out residual toxins in adulterated products after CBD has been synthesized into THC \u2014 which may not bode well for public health given the booming market for \u201chemp\u201d intoxicants.<\/p>\n
Golden State officials have taken steps to rein in the Wild West of psychoactive \u201chemp\u201d commerce. California\u2019s Assembly Bill 45, passed in 2021, explicitly states: \u201c\u2018Industrial hemp\u2019 does not include cannabinoids produced through chemical synthesis.\u201d \u00a0\u00a0<\/p>\n
The study tested potency and checked to see if products complied with the legal definition of hemp. Disturbingly, it found that a full 54% of products tested failed to meet the federal hemp standard (based on Delta-9), and 88% failed to meet the California hemp standard (which also includes Delta-8).\u00a0<\/p>\n
A full 95% of products tested contained synthetic cannabinoids, including 97% of vapes and 90% of gummies. Delta-8 was found in 86% of products, Delta-9 in 84%, \u201cuber-strong\u201d THCP in 47%, HHC in 34%, and THCO in 6%.\u00a0<\/p>\n
Devitt says many of the so-called \u201chemp\u201d gummies contained \u201castonishing levels\u201d of THC that were significantly higher than what\u2019s permitted in California\u2019s regulated cannabis market, which abides by a per serving THC cap of 10 milligrams and a per package cap of 100 milligrams. A full 84% of tested gummies exceeded the serving cap, with the average THC per gummy weighing in at 89 milligrams. Over a third had between 100 and 325 milligrams. And 81% exceeded the per package cap.\u00a0<\/p>\n
These products continue to be available despite\u00a0emergency regulations\u00a0proposed by the California Department of Public Health and\u00a0signed into effect\u00a0by Gov. Gavin Newsom in September 2024, which banned any detectable amount of THC\u00a0in hemp products (including Delta-8 and Delta-9). These emergency regulations were challenged in the courts by the\u00a0US Hemp Roundtable, but they were upheld and remain in effect.\u00a0<\/p>\n
The study\u2019s findings with vapes are even more ominous. Synthetic cannabinoids were present in a full 97% of vape products tested, and often these compounds were much stronger than naturally derived THC. According to the study\u2019s \u201cTHC equivalency\u201d scale, the average amount of THC in tested vapes was 2,682 milligrams per cartridge \u2014 268% above\u00a0California\u2019s limit for THC\u00a0in adult-use cannabis vape products, which is 1,000 milligrams, and also well above the cap for such products under the state medical marijuana program, which is 2,000. Over half of tested products contained between 2,000 and 14,000 milligrams of THC equivalency per vape. This was mostly attributable to THCP.\u00a0<\/p>\n
\u201cWith greater potency comes a risk of unintentional over-intoxication,\u201d says Devitt, \u201cand these risks are amplified by exposure to adulterants and the mislabeling of products, so consumers don\u2019t have a clear idea what they are using.\u201d\u00a0<\/p>\n
The study found that some products marketed as supposedly legal \u201cTHCA\u201d vapes contained synthetic Delta-8 and THCP but no nonpsychoactive THCA at all. Such was the case with vape carts hawked by Cookies.\u00a0<\/p>\n
Devitt expresses serious safety concerns. She sees a potential for vape-related lung damage similar to the nationwide outbreak\u00a0of hundreds of pulmonary injuries, some fatal, that researchers linked to vaping in 2019. <\/p>\n
Perhaps most surprisingly, the study detected in several products additional psychoactive compounds that have nothing to do with hemp or cannabis at all \u2014 including psilocybin mushrooms or molecules derived thereof. Even in very minute quantities, these could be a shortcut to a longer and stranger trip than the user may have bargained for.\u00a0<\/p>\n
Found in other products was kratom, a somewhat controversial substance, which the report describes as an \u201caddictive, opiate-like herb.\u201d Yet its advocates tout its ability to help wean users off opioids. In response to its growing popularity, the DEA announced in 2016 that kratom would be placed in the restrictive Schedule I \u2014 along with cannabis. However, the following year, the DEA put off its decision pending further public commentary.<\/p>\n
Among the products containing kratom are\u00a0Cheech & Chong\u2019s Kosmic Chews\u00a0\u2014 marketed under the\u00a0brand name\u00a0of the infamous counterculture comedy duo. Each Kosmic Chew has 25 milligrams of kratom, as well as 15 milligrams of THC. This information is listed on the label, which promises a \u201cdeeper high.\u201d However, the fine print notes that \u201csome people have developed kratom dependency after prolonged daily use.\u201d\u00a0<\/p>\n
Devitt takes issue with the claim on the label of Kosmic Chews that the product contains \u201call natural\u201d Delta-9 THC. The company\u00a0website boasts: \u201cNo synthetic chemicals. Just 100% naturally occurring REAL THC, from American-grown hemp\u2026\u201d\u00a0But, as noted in the study, the Infinite Chemical Testing Lab found that Kosmic Chews contained chemically synthesized THC, which has been prohibited in California hemp products since 2021.\u00a0<\/p>\n
When contacted by Project CBD, Brandon Harshbarger, president of\u00a0Cheech & Chong\u2019s Global Holding Company, maintained that the 2018 Farm Bill legalized hemp-derived THC products, and Kosmic Chews are within the 0.3% federal THC limit. He also claimed there\u2019s no evidence Kratom interacts adversely with THC. \u201cThe combination of hemp-derived Delta-9 THC and kratom extract in Kosmic Chews is not inherently dangerous when consumed responsibly,\u201d according to Harshbarger. \u201cEach ingredient has a well-documented safety profile at the included doses.\u201d<\/p>\n
Tiffany Devitt\u2019s response: \u201cAs Cheech & Chong are well aware, businesses are subject to federal and state laws. In California, THC-infused hemp products are banned. Period. There\u2019s no ambiguity or loophole. There is a bright, clearly drawn line, and they\u2019re crossing it.\u201d\u00a0<\/p>\n
What Devitt calls an \u201cincidental finding of the study\u201d is that a full 91% of products were purchased with no state or local taxes.<\/p>\n
Says Devitt: \u201cThere\u2019s no cannabis excise tax, even though they are selling psychoactive cannabis products. This not only deprives the state of tax revenues. It also widens the price gap between psychoactive \u2018hemp\u2019 products and better quality cannabis comestibles, to the detriment of the legal adult-use cannabis industry.\u201d<\/p>\n
Devitt also feels there are issues of democracy at play here. \u201cThe legal cannabis market was developed through Prop 64 and a voter mandate,\u201d she says, referring to the 2016 ballot initiative that legalized adult use of the herb in the Golden State. \u201cIt was crafted to provide accountability and transparency throughout the supply chain \u2014 with lab testing, track-and-trace programs and tax collection mandated. The hemp market remains chaotic and opaque.\u201d<\/p>\n
The report raises special concern about the transparency of sourcing intoxicating hemp ingredients. It states: \u201cCalifornia\u2019s cannabis industry\u2026supports strong labor protections and well-paying union jobs. In contrast, many \u2018hemp\u2019 companies manufacture products out of state or import inputs from China, bypassing labor standards and contributing nothing to California\u2019s workforce.\u201d\u00a0<\/p>\n
Despite its own extremely harsh internal drug laws \u2014 which definitely extend to cannabis \u2014 China has in fact been cashing in on the cannabis boom by growing hemp and extracting CBD for the global market. In\u00a0 May 2022, the United Nations Office on Drugs & Crime (UNODC)\u00a0issued a report\u00a0finding that a \u201cnew generation of synthetic cannabinoid receptor agonists\u201d were \u201ccircumventing legal controls\u201d in China as well as Singapore. Apparently, producers once again were tweaking molecules to stay one step ahead of the law.\u00a0And THCP continues to be available in bulk on the AliBaba ecommerce website.<\/p>\n
Mark Scialdone suspects that most synthetic cannabinoids available domestically are derived from hemp-extracted CBD produced in the United States. But he acknowledges that the lack of transparency means it\u2019s hard to know for sure. \u201cThere\u2019s a commodity market for these compounds,\u201d he says. \u201cIt\u2019s like white sugar \u2014 when you buy it, you don\u2019t necessarily know where it comes from.\u201d<\/p>\n
A final bitter twist: concerns over this unregulated sector of intoxicating products (which are not actually meaningfully related to hemp) have led to calls to place more burdensome restrictions on the regulated cannabis sector. There has been a rash of bills in several states to raise taxes and permit fees on cannabis business to prohibitive levels, or to ban smokable flower from state-licensed medical marijuana programs. It\u2019s a matter of stigmatization by association, according to the Green Market Report\u00a0(Feb. 18), which noted: \u201cThe political backlash has been fueled in large part by the burgeoning intoxicating hemp industry, which generally operates without any of the state-level guardrails that have been established to keep marijuana businesses in check.\u201d\u00a0\u00a0<\/p>\n
A New York Times\u00a0story (Jan. 25), \u201cThe Race for All-Powerful Pot,\u201d depicted the legal cannabis industry in \u201ca race to the bottom,\u201d resorting to corner-cutting tricks like dusting joints with THC concentrate (which is certainly an affront to old-school growers). Among the factors driving this fast-buck atmosphere: \u201c[T]he industry faces a growing threat from intoxicating hemp-derived compounds such as Delta-8, which can be sold more widely and with fewer restrictions.\u201d<\/p>\n
The elephant in the room is the apparent lack of concern regarding the health implications of distributing contaminated synthetic \u201chemp\u201d derivatives into the consumer market. \u201cI cannot imagine another legitimate industry that would be permitted to operate with such irresponsibility,\u201d says Christopher Hudalla of Proverde Labs in Massachusetts. Yet this issue is rarely broached by product-makers, journalists, and lawyers when discussing the economic advantages enjoyed by counterfeit hemp entrepreneurs who benefit from operating on an unlevel playing field.\u00a0\u00a0<\/p>\n
\u201cToday\u2019s unregulated \u2018hemp\u2019 industry isn\u2019t about wellness or even hemp itself. It\u2019s about making a fast buck by selling synthetic cannabis substitutes under misleading branding while ignoring the health and safety of consumers,\u201d says Devitt. \u201cIntoxicating hemp products are the cannabis equivalent of ultra-processed junk food. They make a mockery of the medical roots of the cannabis industry. And they have nothing to do with ecologically beneficial fiber hemp and nutritious hempseed oil that have gotten short shrift since the passage of the Farm Bill.\u201d<\/p>\n
# # #<\/p>\n
Bill Weinberg is an award-winning journalist in fields of human rights, drug policy, ecology and war. He is producer of the website and podcast CounterVortex.org.\u00a0<\/p>\n<\/p><\/div>\n
\n
Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"