Hemp And Marijuana Companies Must Stop Feuding And Unite For Regulations Instead Of Bans Like California’s New Move (Op-Ed)

“It’s time for us all to unify as cannabis interests to advocate for a cohesive federal regulatory pathway that covers all cannabinoid products.”

By Jim Higdon, Cornbread Hemp

California Gov. Gavin Newsom (D) is wrong about hemp, and Florida hemp interests are wrong about Amendment 3. Hemp and marijuana interests must stop fighting each other and learn to work together. It’s time for us all to unify as cannabis interests to advocate for a cohesive federal regulatory pathway that covers all cannabinoid products, starting with full-spectrum CBD and other hemp products legalized under the 2018 Farm Bill.

Newsom’s proposal to ban all hemp products in California will force consumers into a dispensary system rife with products contaminated by pesticides, according to an investigation by The Los Angeles Times. The only way for Californians to ensure their cannabis products are free of pesticides is with the USDA organic seal. And the only way to get the USDA organic seal on cannabis products is to make them legal under federal law, as hemp products are today.

Therefore, all hemp and cannabis interests should be working together towards this collective goal of creating federal regulations, instead of taking sides like Newsom.

The Regulatory Void: A Barrier to Progress

The lack of Food and Drug Administration (FDA) regulations for hemp products has created a bad regulatory landscape for cannabinoids that is confusing and incomplete, not just in California. This isn’t because of hemp, it’s because of a lack of action by FDA.

FDA claims to lack the authority to regulate hemp products until Congress provides “a new regulatory pathway.” For six years and counting, this regulatory limbo has left consumers exposed to unscrupulous hemp brands that make unverified claims and low-quality products, undermining the trust in our industry. This has set marijuana interests against hemp interests at a time when we should be unified.

Full-spectrum CBD products, which contain a range of cannabinoids, including naturally occurring delta-9 THC below 0.3 percent by weight, offer significant health benefits beyond what isolated CBD can provide, studies have shown. However, the absence of a clear regulatory framework on finished packaged goods prevents hemp companies from marketing these products effectively. Instead of embracing innovation, we find ourselves navigating a complex web of state-level regulations, confusing terms and conditions from online platforms as well as uncertainty from brick-and-mortar retailers—an uncertainty made even worse by Newsom’s actions last week.

A Unified Front for Better Regulation

This is where collaboration between hemp and marijuana companies becomes crucial. Historically, the hemp and marijuana industries have operated somewhat in parallel while catering to different customer types, with hemp initially focusing on non-psychoactive products and marijuana on those with higher THC content. However, as the cannabinoid market expands and consumers seek diverse product options, it’s evident that these lines have blurred. Joining forces at this point seems inevitable.

By joining forces, we can create a stronger, more cohesive voice to advocate for comprehensive regulation by leveraging the fact that Congress has already legalized THC in hemp. That means that hemp is the foot in the door for legal and regulated cannabis, the camel nose under the tent. A unified front allows us to present a clear, consistent message to lawmakers about the need for a regulatory framework that encompasses all cannabinoid products, starting with hemp. This collaboration can lead to the development of standards that ensure product safety and addresses the concerns of public health advocates.

The Failures of Division

Hemp is cannabis, defined by Congress by its THC content. So when marijuana interests attack hemp in Congress or a governor attacks hemp from the behind the state seal, it weakens our collective ability to legalize and regulate cannabis in Congress by strengthening our opponents. We can’t win if we fight against ourselves.

Earlier this year, major marijuana groups aligned themselves with prohibitionist organizations like Smart Approaches to Marijuana (SAM) to support Rep. Mary Miller’s (R-IL) amendment in the Farm Bill and the corresponding agricultural appropriations bill, which would recriminalize all hemp products with any amount of THC, even naturally occurring delta-9 THC below 0.3 percent in a subordinate ratio to CBD.

Luckily for the American consumer, hemp interests put the brakes on the Farm Bill, causing it to stall in Congress. And in July, the House of Representatives failed to pass the agricultural appropriations bill, in part because the Mary Miller amendment was added to it by well-known cannabis opponent, Andy Harris of Maryland.

In the California legislature, we saw the same thing. Marijuana interest groups urged lawmakers to pass AB 2223, which would have re-criminalized hemp products for sale outside the California dispensary system. By failing to meet a critical deadline in late August, AB 2223 died, because like the Mary Miller amendment, it was just fundamentally unpopular. And now, Newsom has enforced this unpopular opinion that he could not force through the legislature.

This criticism goes both ways. Hemp companies need to stop opposing marijuana reform, like some hemp companies in Florida. Everyone in the Florida hemp industry should support Amendment 3 to legalize adult use cannabis in the Sunshine State. We are all in this together, and we cannot let short-term benefits cloud the long-term vision.

The Benefits of a Unified Regulatory Approach

Instead, what if we worked together? What if marijuana interests joined with hemp companies to create a regulatory framework for all federally legal cannabinoid products? As more cannabinoid products become legal, including botanical flower, then these newly legalized products will have a regulatory framework to safely guide them to consumers that could be less burdensome than the state-legal dispensary systems of today.

Legalization by Congress is only half the battle. Getting regulated appropriately after passing legalization through Congress could be even more difficult. The good news for marijuana is that hemp is already doing this hard work, but that only matters if we all work together now. Newsom’s actions don’t make this difficult job any easier.

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A Call to Action

Hemp and marijuana companies need to set aside our differences and work together to create a regulatory framework that covers all cannabinoid products. By leveraging our collective influence, we can create an environment where consumer safety is assured, underage sales are eliminated and small businesses are protected. Let’s unite to create a future where adult cannabinoid consumers can choose from a variety of safely made products, from whatever retail setting they see fit, as long as they’re over 21. The time to act is now by opposing Newsom’s move in California.

Jim Higdon is co-founder of Cornbread Hemp, the fastest growing cannabis company in America, according to the Inc 5000. As a former journalist, Jim published a number of books, including The Cornbread Mafia, the story of how his hometown in Kentucky became the headquarters of the largest outlaw cannabis syndicate in American history.

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