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The federal government legalized agricultural hemp in 2018 after its prohibition nearly 50 years earlier. Cannabis is still considered a Schedule 1 drug by the Drug Enforcement Agency along with heroin and LSD, which is defined as not having any accepted medical use and a high potential for abuse.

The conflicting legal status of hemp creates a problem for producers, who need to navigate the byzantine rules placed on them.

"We're constantly researching and trying to make sure that we're up to date with all of the regulations that there are from state to state, not just in the state of Oregon; we follow the Department of Agriculture's rules and regulations we'll work really close with them," said Violet Robles, co-founder of Rooted Hemp Co., a Bend-based CBD and hemp company.

Some bills have passed through the house attempting to reform how hemp is designated. In May 2021 Senators Ron Wyden, Jeff Merkley and Rand Paul proposed a bill that would make the Food and Drug Administration regulate hemp and CBD products like it would other dietary ingredients, foods and beverages.

"CBD products are legally being used and produced across the nation. Yet because the FDA has failed to update its regulations, consumers and producers remain in a regulatory gray zone," Wyden said in a press release. "It's been more than two years since I worked with colleagues to have Congress legalize hemp and hemp-derived products. It's long past time for the FDA to get with the program, for the sake of American consumers and farmers."

The FDA hasn't issued formal regulations for the CBD industry, and says it's keeping an open mind while awaiting more evidence before making a solid judgement.

"FDA recognizes the potential opportunities that cannabis or cannabis-derived compounds may offer and acknowledges the significant interest in these possibilities," the agency states on its website. "However, FDA is aware that some companies are marketing products containing cannabis and cannabis-derived compounds in ways that violate the Federal Food, Drug and Cosmetic Act (FD&C Act) and that may put the health and safety of consumers at risk."

The FDA says THC and CBD products can't be sold as dietary substances, but plenty of CBD companies advertise and sell cannabis-derived food products.

"They do come in and they slap people's hands, and they send cease and desist orders if someone makes any health claims," said Jack Robson, owner of High Desert Pure, a local cannabis company. "There's all these FDA requirements that you have to put on the label of each of those in order to be compliant. You have to specifically say, 'Warning, the FDA has not reviewed and approved this.'"

In November 2019 the FDA issued a warning letter to a local hemp company, Apex Superfoods, over advertising animal feed pellets as CBD products that the FDA claimed were adulterated. Apex's owner, JT Taylor, says his way of processing hemp is different from how many others in the industry do it. He cold presses hemp seed and bud to create an oil and doesn't isolate CBD like some other companies.

"Isolation itself is adulteration, and anything used with chemicals and processing agents is an adulterant. It is exactly what the FDA has licensed in the pharmaceutical company and the food world," he said. "So is it CBD oil or is it hemp oil? How do you get the cannabinoids out of the hemp without adulterating it? It's a natural compound found in hemp."

Taylor avoided any enforcement actions from the FDA, which range from seizure of property to criminal prosecution, by changing labeling and removing claims of CBD's benefits in social media posts. After corresponding with FDA agents, Taylor sought to become GRAS (Generally Recognized as Safe) certified, but the barriers aren't scalable for someone without a massive amount of capital.

"It's extensive. You've got to do case studies. It's hundreds of thousands of dollars to get anything passed through them. And if you don't have that threshold of income, then you're not going to be able to compete with the big boys," Taylor said.

It's also annoying to producers that they're barred from making claims of therapeutic benefit when it's both the main appeal of their product and there's a growing amount of research supporting some health benefits to taking CBD. The National Academies of Science, Engineering and Medicine reported that cannabis or cannabinoids can significantly reduce chronic pain symptoms and reduce chemotherapy-induced nausea, reduce multiple sclerosis-related spasticity. A study out of Oregon State University found hemp compounds can block COVID-19 from causing an infection. Most recently, a study out of Kansas State University found hemp decreased stress in cows.

"Most people simply at that point just go remove those claims even though the claims are valid, and this even extends to customer testimonials," Robson said.

See the original post:
What the FDA? - The Source Weekly

Each week well run through the sublime, the trivial and profound issues, decisions and goings on that strike us as Hits or Misses. you can join in, too, by emailing your Hits & Misses to editboard@theunion.com.

HIT (from reader Marsha Lewis): To the return of garden tours to Empire Mine State Historic Park after a pandemic hiatus at 10:30 a.m. Saturdays and Wednesdays May through September.

HIT (from reader Shanti Emerson): To the Nisenan tribe continuing to get important recognitions. The latest is the Native American Heritage Commission contact/tribal consultation list, which enables them to consult on any project in their area, such as the Idaho-Maryland Mine. The commission identifies, catalogs and protects Native American cultural resources ancient places of special religious or social significance to Native Americans and known ancient graves and cemeteries of Native Americans on private and public lands in California.

HIT (from Emerson): To Sierra Stages for yet another wonderful musical performance.

MISS (from reader George Carter): To Waste Management. With major property work completed in September, I canceled our rental of two large Waste Management yard waste bins and was assured that they would be removed. Another phone call and assurance in October, and then November all with the bins sitting roadside in front of our property. In my 11th call on March 14 came more assurance of action. Then something new happened! A Waste Management email arrived giving April 5 as the date certain for pickup. Yay! But no. The bins still sit lonely by the roadside. My wife says my idea to post a Free sign likely would prompt action, but the bins dont belong to us. So we wait in hope.

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HIT (from reader Ray Bryars): To the Green Waste Disposal Program that has allowed hundreds of property owners to reduce the storm debris on their properties. Also to the staff and volunteers who made it such a well-managed, efficient process. Can we do it again next year? Maybe four times would help some of us get ahead of the vegetation growth.

MISS (from reader Phil Reinheimer): To the Republican senators who got up and walked out as Ketanji Brown Jackson was confirmed to the Supreme Court. What an insult and disgrace!

HIT (from Editorial Board member Ed Beckenbach): To those with the fortitude to continue reading long articles and commentareis for or, mostly, against reopening the Idaho-Maryland Mine with the faint hope that there will be some new fact, some so-far unused argument, that will make them consider possibly changing their position on the subject. Or maybe that should be a MISS.

MISS (from Editorial Board member Jo Ann Rebane): To The Union editorial cartoon of April 8 that depicted a wild-eyed GOP elephant resuscitating Hunter Bidens laptop. Its obvious that the news media, including this paper, still fear the harbinger of scandals coming out of the laptops emails and other contents.

HIT (from Rebane): To celebrations this week of Easter and Passover. These observances in our community help maintain our culture and remind us of our countrys Judeo-Christian roots.

HIT (from Editorial Board member Tom Durkin): To Republican senators Mitt Romney, Susan Collins and Lisa Murkowski broke ranks with the Party of No to confirm Supreme Court Justice Ketanji Brown Jackson to replace retiring Justice Stephen G. Breyer.

MISS (from Durkin): To Republican Sens. Lindsey Graham and Rand Paul, who in a show of petty disrespect refused to come to the floor of the Senate for the historic vote to confirm Justice Jackson. They cast their no votes from the Senate cloakroom.

HIT (from Publisher Don Rogers): To the start this week of the local candidate forum season for the June 7 primary elections at the Nevada County Association of Realtors. On Tuesday, candidates for the contested Board of Supervisors and county clerk/registrar of voters races got in their first reps on questions theyll be answering over and over again. The key question for supervisor is the one they cant answer and be able to vote on later, if elected: What do you think of the bid to reopen the Idaho-Maryland Mine? The contest for registrar of voters (no one cares so much about the county clerk part, it seems) mainly is a political referendum of sorts on the the offices ability to run clean elections not that theres been much of a question about that locally.

HIT (from Rogers): To the candidates. There is a spread in their points of view and they offer choices about the future of the offices they are running for. This is a good thing. Theres also a little mystery around the the big question, that elephant in the room, for the supervisor candidates, those who havent naively tipped their hands and rendered themselves essentially ineligible to vote on the mine, should that issue reach them.

See the article here:
Hits & Misses: The return of garden tours at Empire Mine are a HIT - The Union

The Pennsylvania Senate on Wednesday approved a bill to safeguard banks and insurers against being penalized by state regulators for working with state-legal medical marijuana businesses.

The bipartisan legislation from Sens. John DiSanto (R) and Sharif Street (D) moved through two committees in recent days before being taken up on the floor and passing in a 46-3 vote. It now heads to the House.

This effort is yet another example of how states are working to provide financial protections to institutions that are willing to service the cannabis market as Congress continues to stall on a federal fix.

Federal prohibition has forced the cannabis industry to deal with cash, as proceeds may be considered a federal crime, DiSanto said on the floor on Wednesday, adding that the cash-intensive nature of the existing marketplace makes dispensaries a target for armed robbery.

Improved access to financial services will reduce this public safety risk, he said. Banking this cash in Pennsylvania will grow our economy and lower costs for medical patients.

The Pennsylvania billwould not immunize banks and insurers from potential federal repercussionsbut its an interim step meant to signal to the financial sector that they at least wont face penalties under state law.

DiSanto and Street previouslycirculated a co-sponsorship memo to colleagues ahead of the banking bills introduction that addressed the public safety problems posed to marijuana businesses without access to traditional financial services, forcing many to operate with large volumes of cash that make them targets of crime.

Marijuana Moment is already tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they dont miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Street said on the floor on Wednesday that the legislation will take the first step toward reform by allowing and making it more feasible for people in the cannabis business to move away from being a cash business [and] to use our banking system.

The move to provide state-level protections could add pressure on congressional lawmakers to enact a federal change, such as the bipartisan Secure and Fair Enforcement (SAFE) Banking Act that haspassed the House in some form six timesat this point, only to stall in the Senate.

One possible vehicle for that congressional policy change could be a large-scale manufacturing and innovation bill, where marijuana banking was included by the House andmay now be taken up by appointed negotiatorsin both chambers as they head to conference.

The text of the Pennsylvanialegislationstates that a financial institution authorized to engage in business in this Commonwealth may provide financial services to or for the benefit of a legitimate cannabis-related business and the business associates of a legitimate cannabis-related business. The same protections would also be codified for insurers.

However, it specifies that the bill would not require banks or insurers to provide services to medical marijuana businesses.

The legislation says that state government agencies cannot prohibit, penalize or otherwise discourage a financial institution or insurer from providing financial or insurance services to a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business.

It also says agencies cannot recommend, incentivize or encourage a financial institution or insurer to not provide services just because a business is associated with marijuana.

Further, state agencies could not take adverse or corrective supervisory action on a loan made to a legitimate cannabis-related business, the text says.

These are the types of policies that advocates and stakeholders have been pushing Congress to enact at the federal level, but it remains to be seen when that might happen.

Rodney Hood, a board member and former chairman of the National Credit Union Administration (NCUA), has repeatedlyemphasized the urgent need for a federal resolutionto the marijuana banking problem. He recentlyapplauded efforts by lawmakers in states like Pennsylvaniato address the issue within their jurisdictions, but he said its not enough.

The federal financial regulator also noted that New York lawmakers are seeking toprovide tax breaks for the forthcoming marijuana market,sending a budget proposal to the governorover the weekend that would do just that.

A New York senator is also seeking to give banks in the state a little peace of mind about working with legal marijuana businesses, filing a bill on Tuesday that would allow regulators to disclose certain information about cannabis licensees to financial institutions.

Washington State Treasurer Mike Pellicciotti (D) has also been especially vocal about the need for congressional reform, and hewrote in a recent letter to his colleaguesin other states that its just not safe to have this financial volume in cash.

Pellicciotti made similar remarks at arecent conference of the National Association of State Treasurers (NAST). And Colorado Treasurer Dave Youngechoed that sentiment in a recent interviewwith Marijuana Moment.

The sponsor of the congressional SAFE Banking Act, Rep. Ed Perlmutter (D-CO), told Marijuana Moment on Monday that hes hopeful that his reform legislation will be attached to the final America COMPETES Act thats heading to conference.

The congressman pointed out that more than two-thirds of the conferees [for the large-scale bill] have already voted for or cosponsored the SAFE Banking Act.

One of those conferees, longstanding marijuana reform champion Rep. Earl Blumenauer (D-OR), said in an op-ed for Marijuana Moment this week thatthe banking reform measure as a huge steptoward public safety and equity in the industry.

Perlmutter also recentlyspoke with Treasury Secretary Janet Yellenabout the marijuana banking issue during a hearing of the House Financial Services Committee. And the secretary said that its extremely frustrating that Congress hasnt been able to resolve it.

The sponsor has even made a point to talk about enacting the reform legislationduring committee hearings on ostensibly unrelated or wider-ranging legislation, like at a recent House Rules Committee hearing.

At a recent event hosted by the American Bankers Association (ABA), the congressman said that he willcontinue to be a real pest, and persistent in getting this donebefore he retires from Congress at the end of the session.

Despite recentlysaying that hes confident that the Senate will take up his billthis session, Perlmutter recognized that while hes supportive of revisions related to criminal justice reform, taxation, research and other issues, he knows that as we expand this thing, then we start losing votes, particularly Republican votes and we got enough votes in the Senate to do it as is.

Ahead of last months ABA event, the financial group released a poll that it commissioned showing that a strong majority of Americanssupport freeing up banks to work with marijuana businesseswithout facing federal penalties.

Meanwhile, the number of banks that report working with marijuana businessesticked up again near the end of 2021, according to recently released federal data.

Its not clear if the increase is related to congressional moves to pass a bipartisan cannabis banking reform bill, but the figures from the Financial Crimes Enforcement Network (FinCEN) signal that financial institutions continue to feel more comfortable servicing businesses in state-legal markets.

Some Republicans are scratching their heads about how Democrats have so far failed to pass the modest banking reform with majorities in both chambers and control of the White House, too. For example, Rep. Rand Paul (R-KY)criticized his Democratic colleagues over the issuein December.

Meanwhile in Pennsylvania, another Republican senator recently announced that he will soon be introducing a bill to allow medical marijuana patients in the stateto buy cannabis edibles at dispensaries.

Sen. Dan Laughlin (R), who has also sponsoredlegislation to legalize marijuana for adult useandallow patients to cultivate cannabis for personal use, said that patients should be able to buy edible medical cannabis that is safe, uniform and securely packaged and labeled, just as they do in 25 other states that have legalized medical cannabis.

Separately, the Senate Law and Justice Committeeheld the last of three scheduled hearings on marijuana legalizationlast month, taking testimony thats designed to help inform a forthcoming reform bill that the panels chairman is actively drafting.

Sen. Mike Regan (R), who chairs the panel,circulated a cosponsorship memo last yearalong with Rep. Amen Brown (D) to build support for the reform, and these meetings are designed to give lawmakers added context into the best approach to legalization for the state.

While reform bills have been introduced in past sessions and the policy change has the support of Gov. Tom Wolf (D), the series of hearings marked the first times a legislative panel had debated recreational legalization in the Republican-controlled Pennsylvania General Assembly.

Pennsylvania lawmakers could also take up more modest marijuana reform proposals like a bill filed late last year toexpand the number of medical marijuana cultivatorsin the state, prioritizing small farms to break up what she characterized as a monopoly or large corporations thats created supply problems.

Additionally, another pair of state lawmakersReps. Jake Wheatley (D) and Dan Frankel (D)formally unveiled a legalization bill theyre proposinglast year.

Philadelphia voters alsoapproved a referendum on marijuana legalizationin November that adds a section to the city charter saying that the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.

Wolf, the governor,said last year that marijuana legalization was a priorityas he negotiated the annual budget with lawmakers. However, his formal spending request didnt contain legislative language to actually accomplish the cannabis policy change.

The governor, who signeda medical cannabis expansion bill in June, has repeatedly called for legalization andpressured the Republican-controlled legislature to pursue the reformsincecoming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill tolegalize marijuana through a state-run model.

Meanwhile, Lt. Gov. John Fetterman (D), who is running for U.S. Senate this year, said one of his key goals in his final year in office is to ensure that as many eligible people as possible submitapplicationsto have the courtsremove their cannabis records and restore opportunitiesto things like housing, student financial aid and employment through an expedited petition program.

A survey from Franklin & Marshall College released last year found that60 percent of Pennsylvania voters back adult-use legalization. Thats the highest level of support for the issue since the firm started polling people about it in 2006.

An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influencewas derailed in the legislature last year, apparently due to pushback by the state police association.

Also, a bill meant to promoteresearch into the therapeutic potential of psilocybin mushroomsfor certain mental health conditions may be in jeopardy, with the sponsor saying recently that the chair of a key House committee is expressing reservations even after the legislation was amended in an effort to build support.

New York Senator Files Bill To Promote Marijuana Banking By Giving Financial Institutions Access To Business Information

Read the original here:
Pennsylvania Senate Approves Marijuana Banking Bill, Sending It To The House - Marijuana Moment

A new ad campaign for Republican Ohio Senate candidate Mike Gibbons hits his rivals J.D. Vance and Jane Timken on taxes.

Gibbons made remarks during a podcast interview last fall that recently gained attention, suggesting that middle-class people do not pay any kind of a fair share in income taxes.

DEMOCRATIC GOVERNOR HOPEFUL KEEPS DISTANCE FROM NEW PHILADELPHIA MASK MANDATE

The top 20% of earners in the United States pay 82% of federal income tax and, if you do the math, and 45% to 50% dont pay any income tax, you can see the middle class is not really paying any kind of a fair share, depending on how you want to define it, Gibbons said.

Gibbonss rivals in the crowded and competitive primary pounced on the comments, with Vance and Timken both arguing Gibbons wants to raise taxes on the middle class. Timkens statement said Gibbons may think the middle class only exists to win an election.

The new ad from the Gibbons campaign says he does not support raising taxes and that rivals took his words out of context to hide their own terrible records; the video features Sen. Rand Paul, who has endorsed Gibbons.

Paul, a Kentucky Republican, said Gibbons is a conservative outsider who will end reckless spending in Washington.

In response to his rivals criticisms, the Gibbons ad cites a 2021 tweet from Vance in which he wrote, in part, Raise their taxes. Vances tweet quoted another tweet referencing reports of a meeting between top corporate officials discussing how to respond to state voting laws.

Raise their taxes and do whatever else is necessary to fight these goons, Vances full tweet said. We can have an American Republic or a global oligarchy, and its time for choosing.

At this very moment there are companies (big and small) paying good wages to American workers, investing in their communities, and making it easier for American families, he added in a subsequent post. Cut their taxes. No more subsidies to the anti-American business class.

The ad takes aim at Timken, a former chairwoman of the Ohio Republican Party, who it says bankrolled tax-raising politicians, pointing to a 2019 Ohio bill passed by the Republican Legislature permitting politicians to serve on boards of directors while holding office. Timken was not in the Legislature but was party chairwoman at the time.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

A recent RealClearPolitics average of Ohio Senate polls found Gibbons leading the primary field by 1.3 points.

See more here:
Gibbons ad hits Vance and Timken on taxes in fiery Ohio GOP Senate primary - Washington Examiner

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Repeated attacks by former President Donald Trump as he tries to oust Rep. Liz Cheney from Congress keep fueling massive fundraising by the Republican lawmaker from Wyoming.

Cheney the most high-profile of the 10 House Republicans who voted 15 months ago toimpeach Trump for allegedly sparking the Jan. 6, 2021, attack at the U.S. Capitol on Monday reported hauling in $2.94 million in the January-March first quarter as she runs for re-election this year.

The three-term conservative congresswoman who represents Wyomings at-large district also reported holding $6.8 million cash on hand in her campaign coffers as of the end of March. Cheney raised $1.5 million, $1.9 million, $1.7 million, and just over $2 million in the four fundraising quarters of 2021. Cheneys new fundraising figures were first reported by Politico and confirmed by Fox News.

TRUMP BACKED CHENEY CHALLENGER HAGEMAN RAISES $1.3 MILLION IN FIRST QUARTER

Cheney released her fundraising figures a couple of days afterHarriet Hageman, the leading Republican candidate challenging Cheney, announced that she brought in roughly over $1.3 million the past three months, according to figures shared first with Fox News. Hageman, whos backed by Trump, also reported just over $1 million cash on hand.

Rep. Liz Cheney speaks during a business meeting of the Select Committee to Investigate the January 6th Attack on the U.S. Capitol on Oct. 19, 2021. (Sarah Silbiger/Bloomberg via Getty Images)

Cheney, a longtime vocal GOP Trump critic, was the most senior of the 10 House Republicans who voted to impeach the then-president on a chargeof inciting the deadly attack on the U.S. Capitol by right-wing extremists and other Trump supporters who aimed to disrupt congressional certification of now-President Biden's Electoral College victory in the 2020 election.

Cheney, a conservative lawmaker and defense hawk whosthe daughter of former Vice President Dick Cheney, immediately came under verbal attack from Trump and his allies, and last May was ousted from her number-three House GOP leadership position.

CHENEY TELLS FOX NEWS THAT BEHIND THE SCENES, MANY IN GOP ARE THANKING HER

Cheney, whos been very vocal in emphasizing the importance of defending the nation's democratic process and of putting country before party, is one of only two Republicans serving on a special select committee organized by House Democrats to investigate the storming of the U.S. Capitol.

Republican congressional candidate Harriet Hageman speaks with voters at an Albany County GOP breakfast in Laramie, Wyoming, on Jan. 8, 2022. (Harriet Hageman congressional campaign)

Trump, stepping up his efforts to oust Cheney from Congress, endorsed Hageman as she entered the race. And the former president and his allies successfully urged some, but not all, of the other anti-Cheney candidates to drop out of the primary and coalesce around Hageman. The highest profile of those staying in the race is state Sen. Anthony Bouchard, a strong supporter of the former president.

The Republican National Committee in February censured Cheney over her role on the Jan. 6 committee. Defending herself, the congresswoman said at the time, "Im a constitutional conservative and I do not recognize those in my party who have abandoned the Constitution to embrace Donald Trump."

LIZ CHENEY HAULS IN OVER $7 MILLION LAST YEAR AS SHE FENDS OFF PUSH BY TRUMP TO OUST HER FROM CONGRESS

Cheney caught a break last month when the Wyoming legislature decided against scrapping same-day party registration in primaries, which would have prevented Democrats from crossing party lines and registering as Republicans to vote for Cheney in the states Aug. 16 primary. The move by Wyomings legislature was seen as a defeat for Trump and his allies, who pushed to end same-day party registration.

Cheneys first-quarter haul was boosted by a lucrative fundraiser on her behalf headlined last month by Sen. Mitt Romney of Utah, the 2012 GOP presidential nominee and a vocal Republican Trump critic.

Sen. Mitt Romney walks through the Senate subway on his way to a security briefing on Russias invasion of Ukraine on Capitol Hill, March 30, 2022. (Reuters/Elizabeth Frantz)

Former President George W. Bush, and former Republican House Speakers John Boehner and Paul Ryan, have also helped raise campaign cash for Cheney.

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Hagemans first-quarter haul was boosted by three top-dollar fundraisers on her behalf. They were a fundraiser in Miami hosted by PayPal co-founder and billionaire venture capitalist Peter Thiel, who's a Trump ally; a fundraiser at the former presidents Mar-a-Lago resort in Palm Beach, Florida, hosted by Sen. Rand Paul, where Trump made an appearance; and a fundraiser in the nations capital headlined by House Minority Leader Kevin McCarthy, R-Calif.

McCarthy is one of dozens of House Republicans who are backing Hageman in her push to oust Cheney.

See the article here:
Targeted by Trump, Cheney hauls in nearly $3 million the past three months for her re-election run - Fox News