Global Ganja Report

Progressives coast to coast breathed a heavy sigh of relief as Joe Biden took the oath of office, ending the turbulent and reactionary rule of Donald Trump over the past four years.

But hemp cultivation, like the rewriting and replacement of NAFTA, was one of the few areas that actually saw positive change in the Trump years—with bipartisan support. The 2018 Farm Bill that re-legalized the crop after generations of prohibition bore Trump’s signature.

And there are fears that Biden could mean a return to the Washington consensus of a corporate-friendly “free trade” status quo ante, shorn even of the limited populist measures of the Trump era.

For small farmers, including some hemp cultivators, Biden’s choice to lead the US Department of Agriculture (USDA) may provide a case in point.

The original peoples of what is now the United States were left in legal limbo in the wake of the 2018 Farm Bill, which made hemp cultivation again lawful. Federally recognized Native American tribes could not cultivate under state regulation, because the states have limited jurisdiction on their reservations. But the US Agriculture Department dragged its heels in issuing federal regs that could apply on these lands. Caught between two sovereigns, many farmers in Indian country are asserting their right to cultivate hemp under the un-extinguished sovereignty of their own Native nations.

Health authorities have named Vitamin E acetate as a likely suspect in the serious illness that has now affected hundreds across the country after vaping either cannabis or tobacco products. In many of the cases illicit-market dab carts appear to be responsible for the severe pulmonary problems that have now resulted in five deaths. But public authorities and the cannabis industry alike caution that research is ongoing.

Over the past weeks, dozens of people across several states have experienced serious lung problems, even requiring hospitalization, apparently after using vape cartridges. It is unclear if cannabis products were at issue in all such cases, and authorities are still investigating. But the illicit market in unregulated knock-off dab carts may be to blame.

There is a growing consensus among hemp advocates that the 0.3% limit for THC content is arbitrary and is holding back the industry. And the man widely credited with arriving at this limit himself agrees.

The Contested Border
"It seems like it is pretty much pulled out of air. We ought to be looking to science to determine an appropriate threshold, determine the level at which cannabis is psychoactive and make that the standard."

This typical view is offered by attorney Patrick Goggin of Hoban Law Group, the international firm specializing in cannabis. Goggin is one of the industry's legal heavy-hitters, and has particular experience in the question of the contested border between hemp and marijuana.

With passage of the Farm Bill and removal of hemp-derived CBD from controlled substance status, big market growth is expected for the very chic and purportedly salubrious non-psychoactive cannabinoid. The law is a win for a nascent CBD industry that has been struggling to shake off the lingering stigma surrounding (psychoactive) cannabis. The effort to segment cannabidiol from "marijuana" is exemplified in the several states that now have "CBD-only" laws.

Voters in several states will cast ballots on cannabis-related measures in the Nov. 6 midterm election. Michigan and North Dakota are facing general legalization measures, while Utah and Missouri voters will get to weigh in on medical marijuana.

Wisconsin became the latest state to pass a strictly limited semblance of a medical marijuana law on April 18 as the arch-conservative Gov. Scott Walker signed Senate Bill 10, allowing patients to receive cannabidiol (CBD) extract from a physician or pharmacy with a prescription. The law, already passed by both houses of the legislature, takes effect immediately. It passed the Senate with only one dissenting vote, pointing to widespread support for the measure in the Badger State.