Global Ganja Report

The newly enacted Farm Bill contains language implicitly removing hemp-derived CBD from the controlled substances list, along with industrial hemp. A CBD industry that has been growing fast in a legal grey zone stands to grow faster in the light of legal clarity. Conflicting state laws and even federal regulations, however, could prove an obstacle to unfettered expansion.

Cannabis has become a global industry, but obviously it is still limited by legal restrictions—and the fact that these increasingly vary from country to country further complicates things. Where is commercial cannabis going and where is it coming from? And how is this likely to change as the international atmosphere further liberalizes?

After years of upholding employee firings for use of cannabis even under state medical marijuana programs, the courts are finally starting to turn around on the question.

One of the ways state medical marijuana programs have failed to fully extend protection to medicinal users is in failure to defend against employment discrimination. This is now beginning to change, thanks to a few recent court decisions in favor of patients and employees.

Last month, the DEA enthused the pharmaceutical industry but disappointed cannabis advocates by re-scheduling the drug Epidiolex—but not CBD, the cannabinoid that makes it work. Now word emerges of a letter to the DEA by the Food & Drug Administration essentially calling for the descheduling of CBD altogether.

With the DEA's rescheduling of Epidiolex, shares in the British manufacturer of the drug are soaring. But CBD—the actual cannabinoid that the product is based on—is to remain in the restrictive Scheudle 1.

Recent years have seen ethnic tensions in the northernmost parts of the Emerald Triangle, as Hmong growers—immigrants from the Southeast Asian nation of Laos—have established themselves in local cannabis cultivation. This has led to civil rights litigation and a polarized atmosphere in Siskiyou County. But just to the south in Trinity County, a group is working to head off tensions by helping Hmong growers negotiate the transition to licensed cultivation.

A new product is being plugged as containing CBD derived from humulus—that is, hops, the buds used as a bittering agent in beer. Some of the media hype has implied that this novel origin gets around the US federal stricture on the cannabinoid. But experts raise a skeptical eyebrow at the claim of hops-derived CBD. And in any event, the federal stricture is on the cannabinoid itself, regardless of how it is derived. 

California health authorities dealt a blow to the burgeoning CBD business by banning preparations of the cannabinoid derived from industrial hemp rather than psychoactive cannabis. The diktat adds to the legal confusion around CBD, and highlights the need for greater clarity from the competent authorities at both the state and federal level.