Hemp Legalization: How a Good Idea Has Gone Bad
I have a hobby that most other people would think strange. I love to take a look at things the government has done in years past and then follow them through so see the unintended consequences that resulted. Take hemp legalization. It was a good idea when Congress did it back in 2018. But now it is clear that things have gone bad. How? Why?
Government is a necessary thing in order to maintain order. Not only that, but our representative republic system is arguably the best form of government on earth. But it is not perfect. One of its downfalls is having so many hands in the kitchen, so to speak. There are so many people involved in writing legislation that bills become convoluted messes. And unfortunately, it is not uncommon for lawmakers and their staff to not think through the long-term consequences of the legislation they propose.
Such is the case with legalized hemp. What started out as a law intended to legalize the growing, processing, and distribution of a plant with an unfathomable number of industrial applications has since turned into one giant loophole for getting around marijuana laws.
Hemp Is a Variety of Cannabis
To understand the point that I’m trying to make here, you first have to know that hemp is a variety of cannabis. So is marijuana. That’s right. Cannabis and marijuana are two varieties of the exact same plant. And in fact, the only legal distinction between the two is the amount of THC a plant contains. That’s it.
A plant with 0.3% or less THC is hemp. A plant with more than 0.3% is marijuana. Hemp is completely legal under federal law thanks to that 2018 Farm Bill. Marijuana continues to be illegal despite thirty-eight states and the District of Columbia decriminalizing it.
As for how the 2018 Farm Bill created a good idea that ultimately went bad, you’ll find an excellent explanation in this post from The Atlantic. It is a long post but worth the read. I am just going to summarize some of its main points in my remaining space.
It’s the Cannabinoids, My Friend
It turns out that people want access to marijuana because they want to be intoxicated by THC. That’s no secret. It is also no secret that legitimate hemp doesn’t contain enough THC to get you high. But it does offer a ton of another important cannabinoid: CBD.
To make a long story short, a burgeoning hemp industry was seeing dollar signs in the sky when President Trump signed the 2018 Farm Bill. The market was quickly saturated with way too much plant material. Subsequently the bottom fell out. But that would not be the end of it.
A few creative scientists discovered they could synthesize intoxicating cannabinoids from federally legal CBD. The rest is history. Processors are now creating a variety of intoxicating ‘alt cannabinoids’, like delta-8, and doing so legally. Their products are a big hit from coast-to-coast.
Hemp Will Ultimately Win
If things do not change, hemp will ultimately win over marijuana simply due to attrition. Sure, medical cannabis patients can visit the Beehive Farmacy in Salt Lake City, UT and pay cash for very expensive medical cannabis products. But they can also buy cheaper CBD-derived products at the gas station or corner convenience store. Ditto for recreational users in prohibitionist South Carolina.
State-legal marijuana cannot compete with intoxicating CBD products. It is too highly regulated and heavily taxed for that. Unfortunately, what started out is a good idea with the 2018 Farm Bill has created a loophole that threatens state-legal marijuana.
