Texas medical marijuana and hemp industries set for a showdown
Found: Mon Oct 28 14:06:52 2024 PDT
Source: Express (CN BC)
Copyright: 2024 Kootenay Express Communication
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Source: Express (Nelson, CN BC)
Copyright: 2024 Kootenay Express Communication Corp.
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Author: Stephen Simpson, Texas TribuneOct
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Texas medical marijuana and hemp industries set for a showdown Texas medical marijuana and hemp industries set for a showdown
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Showdown looming: Texas medical marijuana and hemp industries set to face off
By Stephen Simpson, Texas TribuneOct 28, 2024
The Texas Original cannabis farm, a medical marijuana dispensary in Manchaca pictured here on Sept. 26, uses red light to bleach the flowers of marijuana plants.Lorianne Willett/Texas Tribune
Jack Stinnett got life-changing news in 2020 when he learned the lump that appeared on the side of his neck was tongue and mouth cancer. He and his wife, Karen, quickly enrolled him at MD Anderson Cancer Center in Houston, where he underwent 5 = rounds of chemotherapy and 33 treatments of radiation.
Stinnett, a Marble Falls resident, went from being a reasonably healthy 60-year-old who rode his bicycle more than 60 miles daily to losing more than 100 pounds after losing his appetite and sense of taste.
Then, Stinnett qualified for a medical marijuana prescription for the nerve pain from the cancer treatments and found the relief he needed.
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"It helped with my appetite and sleep. This Compassionate Care Act, in my opinion, helps like no other," he said. "We just need politicians to get out of the way."
Stories like his point to the successes of Texas' Compassionate Use Program, but it is facing its worst existential crisis since its inception in 2015. Strict rules on who is eligible, what products can be sold and where they can be stored have limited the program's impact while demand for unregulated hemp products like delta-8 and the more potent delta-9 continue to rise due to ease of access.
A potential showdown is brewing between the medical cannabis market and the hemp industry in Texas as both are looking to lawmakers to determine the future.
States such as Colorado and California, where both medical and recreational marijuana are legal, are putting tighter restrictions on hemp products as a way to rein in access and force more health and safety accountability on the industry.
After his 2019 agricultural hemp legislation helped open up Texas' hemp industry, state Sen. Charles Perry is now attempting to close it again, as legal weed-style products were never his intention. He suggested an outright ban on the consumable hemp market last week during a State Affairs Committee hearing.
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"'If you can't regulate it, control it and enforce it, you just don't allow it to happen," Perry said.
Perry and other lawmakers have been particularly interested in regulating consumable THC products that can come in drink form. This makes it much more difficult for parents, teachers, law enforcement and others to tell the difference between a regular drink and one that has been infused with THC.
State Sen. Charles Perry, R-Lubbock, on the Senate floor on May 15, 2019.Juan Figueroa/Texas Tribune
Lt. Gov. Dan Patrick gave senators a list of legislative directives for the next session, and a prime target is a ban on delta-8 products. He suggested to lawmakers that the state examine the sales of intoxicating hemp products in Texas, make recommendations to regulate the sale of these products, and propose legislation to stop retailers who market these products to children.
The Texas Department of State Health Services also filed a case before the state's Supreme Court in August to classify delta-8 as an illegal substance. While the case is pending, delta-8 is still legal to buy and sell.
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The Texas hemp industry has argued in court that delta-8's high is minimal, and if delta-8 and delta-9 products are banned, it would do irreparable harm to the industry and the state's economy.
Various delta-8 products are sold at a Valero station in Spring Branch in February 2023.Sergio Flores/For the Texas Tribune
Left: Dave Walden, wearing a Veterans of Foreign Wars cap, demonstrates purchasing from a CBD vending machine in Leander in 2022. Right: Cannabis products, some including delta-8, line the shelves of the newly restocked De Vega CBD Relief vending machine in Leander.Azul Sordo/Texas TribuneTop: Dave Walden, wearing a Veterans of Foreign Wars cap, demonstrates purchasing from a CBD vending machine in Leander in 2022. Above: Cannabis products, some including delta-8, line the shelves of the newly restocked De Vega CBD Relief vending machine in Leander.Azul Sordo/Texas Tribune
"Any bans or excessive legislation of hemp-derived cannabinoids, as suggested by Lt. Gov. Dan Patrick and others, will negatively impact an industry that has an $8 billionaE/economic impact, pays $1.6 billionaE/in annual wages, and supports more than 50,000 workers," said Lukas Gilkey, CEO and co-founder of Hometown Hero, the company who filed a suit against the state and is defending the hemp industry in the state's Supreme Court.
The hemp conundrum
David Bass, a retired U.S. Army veteran who was diagnosed with PTSD, has been a proud user of the Compassionate Use Program and has heralded its benefits for veterans. Still, he said his organization, the Texas Veterans for Medical Marijuana, is staying neutral regarding a delta-8 ban due to how many veterans use it.
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"Of course, your typical consumer, in their mind, perceives it as the same product, and if it is cheaper and easier to access and equally as effective, then I can't fault anybody," Bass said.
While science doesn't differentiate between hemp and marijuana, the law does. The term "hemp" is used to mean cannabis that contains at most 0.3% THC content by dry weight. Under the law, marijuana, which is illegal, refers to cannabis that has more than 0.3% THC by dry weight.
It is legal to buy and use most smokeable hemp products, such as flower or vape cartridges with CBD, THCA and delta-8. The latter looks, tastes and sometimes intoxicates similar to its more potent sibling marijuana -- with no age limits, loose and inconsistent testing requirements, and no limit on the number of licenses allowed in the state.
Retail cannabis dispensaries sprang up by the thousands after the 2019 agricultural hemp legislation -- a bipartisan, farmer-friendly bill -- opened up the state's hemp industry and touched off a massive new consumable hemp market in Texas as well.
Texas is now home to more than 7,000 registered consumable hemp retail spots -- in gas stations, storefronts, bars, coffee shops, strip malls and mobile trailers -- selling gummies, candies, drinks and smokeables with low-dose tetrahydrocannabinol, or THC, the psychoactive ingredient in marijuana.
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Meanwhile, three medical dispensaries serve the entire state.
Bass said thousands of veterans in Texas now use hemp products and have chosen them over the Compassionate Use Program because they are easier to access and less expensive. He said some organizations like Hometown Hero have vending machines with delta-8 products in Veterans of Foreign Wars facilities because so many people in this demographic are using these items to treat their mental health.
"The medical marijuana program is highly regulated, and the medicine is more expensive than the hemp product, and you have to have a prescription and renew it every six months, and you have to drive all the way to the dispensary, so it's a big challenge," he said.
The federal Food and Drug Administration has warned about the negative health effects of unregulated hemp products, such as hallucinations, vomiting, anxiety and loss of consciousness, and has mentioned they're not a safe alternative to marijuana.
In 2021, the Texas Department of State Health Services attempted to ban delta-8 by classifying it as an illegal substance.
However, a hemp grower filed an injunction against the state, and the resulting lawsuit has been proceeding through the courts.
Medical marijuana users have turned to products containing delta-8, such as those pictured here at Oasis A CBD Wellness Shop in Brownsville in 2021, because of its ease of access.Eddie Gaspar/Texas Tribune
Bass said despite it never being the intent of Texas for legal weedlike substances to be sold to the public, now there are thousands of hemp products that veterans are using to treat their PTSD, chronic pain and more, and it might be too far to go back now.
"They tell me these products are perfectly safe, and they never had any bad experiences with this, and they are effective," Bass said of users' experiences.
A ban also would affect farmers who grow hemp, the people who turn it into delta-8, and the shops that sell it. These products have an annual economic impact of $8 billion in Texas, according to research from the Texas Hemp Business Council.
Overregulated program
Shawn Collins' entire world changed on Sept. 11, 2001, when he witnessed the twin towers collapse. He was working near the Empire State Building, about 3 miles from ground zero, when his job sent him home for the day. The scars of the tragedy lingered for decades inside Collins' mind.
Collins, who now lives in Austin, spent many years battling undiagnosed PTSD and sleepless nights while trying to raise a family. He self-soothed with alcohol and coffee until he obtained a medical marijuana prescription in recent years.
"It's a miracle drug; it's literally been life-changing," Collins said, adding that he has researched delta-8, but hasn't tried it. "I encourage those who might have a bias towards (medical marijuana) to speak to a therapist and let them tell you the benefits."
Jervonne Singletary, community relations manager for Austin medical marijuana company Good Blend, said Texas is at a critical juncture for the Compassionate Use Program as those in the industry aren't seeing the amount of patients that were expected.
Jason Sanders, director of cultivation at Texas Original medical marijuana dispensary, gives a tour of his facility on Sept. 26.Lorianne Willett/Texas Tribune
Left: The entrance of Texas Original medical marijuana facility in Manchaca is lined with testimonials from patients who found relief from using products it has produced. Right: Todd Harris, Texas Original director of operations, holds a jar of cannabis oil, which can contain only certain percentages of CBD and THC to be sold.Lorianne Willett/Texas TribuneTop: The entrance of Texas Original medical marijuana facility in Manchaca is lined with testimonials from patients who found relief from using products it has produced. Above: Todd Harris, Texas Original director of operations, holds a jar of cannabis oil, which can contain only certain percentages of CBD and THC to be sold.Lorianne Willett/Texas Tribune
"There are a lot of regulatory hurdles in the industry that make it a bit easier for folks to go to the delta-8 and delta-9 market," Singletary said. "Currently, we kind of have our hands tied behind our backs when it comes to what we can offer, and it has created a bit of unfair competition between us and delta-8 and delta-9 producers."
Nico Richardson, CEO of Texas Original, a medical marijuana distributor in Manchaca, said many patients also are looking for smokeable products, and he can only provide edible or oil-based alternatives. He said this has contributed to his patient numbers dropping considerably.
"It has turned into an absolute train wreck for the state," he said.
In Texas, licensed medical cannabis providers must house all operations, including cannabis cultivation, processing and extracting, manufacturing, testing and dispensing, under one roof.
State regulations also prohibit inventory storage of medical cannabis products in multiple locations, so products must be distributed from the central dispensary. Any prescriptions scheduled for pickup outside the central dispensary must be driven daily to and from the pickup location -- sometimes thousands of miles round trip.
Richardson said this has made their products more expensive, hampering the small medical cannabis market in Texas. Industry leaders are concerned that if something isn't done to balance the scales, the medical industry will crumble.
Texas is one of about a dozen states that has not legalized marijuana in any form for broad use. The state's floundering medical marijuana program, the Compassionate Use Program run by the Texas Department of Public Safety, has about 12,000 active participants out of nearly 45,000 patients who are registered, as well as a short list of conditions that would qualify a resident.
Texans with a variety of conditions -- such as epilepsy, autism, cancer and post-traumatic stress disorder -- can access cannabis oil from marijuana plants with less than 1% THC. Medical cannabis can treat the symptoms of some of these diseases or reduce the side effects of other treatments.
"Right now, we estimate there are over a million and a half who qualify, according to their physicians," Singletary said.
A woman walks past signage posted in the Texas Capitol Extension by Texas Veterans for Medical Marijuana in April 2021.Jordan Vonderhaar/For the Texas Tribune
The medical marijuana industry wants to reduce the cost of operating a medical dispensary while expanding the number of conditions to qualify for compassionate use, such as anxiety, chronic pain and other intense physical and mental conditions.
Singletary said one of the best solutions is expanding Texas' medical cannabis program, which not only would provide safer, regulated alternatives but also curb the dominance of questionable hemp products flooding the market.
"We want to talk to and work with the Legislature, and we're really happy to have lawmakers who want to champion adding additional conditions to the program," Singletary said.
The showdown
Medical marijuana industry leaders now are leading the charge to ban or regulate these delta-8 and delta-9 products, and lawmakers are listening.
While lawmakers might think this is an easy fix as there are only two options available for veterans -- medical marijuana or hemp -- there is a more ominous third option that can easily replace both of them again, and that is the illegal drug market, Bass said
"The illicit drug market is large and has been used for years, so we have to be careful with our decisions," Bass said.
While potential new laws threaten the delta-8 industry, business owners have told the Texas Tribune that they would welcome some common-sense regulations.
A flowering cannabis plant at Texas Original cannabis farm on Sept. 26.Lorianne Willett/Texas Tribune
"We're now seeing the hemp conversation not just in Texas, but nationally, show the pathway for how we can access this plant and really, ultimately help consumers who are seeking relief with cannabis products," Shayda Torabi, president of the Texas Hemp Coalition, said earlier this year. "We're watching and waiting to see what happens next."
However, what is viewed as common-sense regulations differs from person to person.
"It's going to be a big issue this upcoming legislative session. It won't get as much media attention as, say, school vouchers, but legislators will discuss it, and we hope some compromise can be made to preserve the Compassionate Use Program and at the same time don't cut off hemp," Bass said.
The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans about public policy, politics, government and statewide issues.
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analysis of article text
propaganda analysis
concept | evidence | hits | links |
| drug of abuse implied / mentioned
drug related [news] [concept] | legalization illegal drugs | | |
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drugwar propaganda [news] [concept] | propaganda theme2 propaganda theme3 propaganda theme5 propaganda theme6 propaganda theme7 propaganda theme4 | | •Why Are Americans So Easy to Manipulate? (Bruce E Levine, 2012) •Classic Modern Drug Propaganda •Themes in Chemical Prohibition •Drug War Propaganda (kindle edition)
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| madness, violence, illness
propaganda theme2 90% [news] [concept] | "harm" "threaten" "anxiety" "intoxicates" "cancer" "hallucinations" "diseases" "health and safety" reefer madness | 12 | •Madness Crime Violence Illness (propaganda theme 2) •drugwarfacts.org/crime.htm •drugwarfacts.org/causes.htm •Distortion 18: Cannabis and Mental Illness •No, marijuana use doesn't lower your IQ (10/2014)
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| survival of society
propaganda theme3 75% [news] [concept] | "America" "community" "Public Safety" | 4 | •Survival of Society (propaganda theme 3) •The "Nation" as a Device To Create a Psychological Crowd
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| use is abuse
use is abuse [news] [concept] | "marijuana users" | 1 | •Use is Abuse (propaganda theme 4) •drugwarfacts.org/addictiv.htm
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| gateway
gateway 55% [news] [concept] | "pathway" | 1 | •Use is Abuse, Gateway (propaganda theme 4) •drugwarfacts.org/gatewayt.htm •Distortion 7: Gateway
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| gateway, use is abuse
propaganda theme4 [news] [concept] | use is abuse gateway | | •Use is Abuse, Gateway (propaganda theme 4)
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| children
propaganda theme5 60% [news] [concept] | "children" "youth" "parents" | 4 | •Children Corrupted (propaganda theme 5) •drugwarfacts.org/adolesce.htm •Think of the children
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| demonize, war, epidemic
propaganda theme6 75% [news] [concept] | "Assault" "assaults" | 2 | •Demonize, War (propaganda theme 6) •List of Wars on Concepts •Perpetual war •The Failed War on Drugs (2012)
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| total prohibition
propaganda theme7 [news] [concept] | "legalized" "legalized marijuana" legalization | 2 | •Total Prohibition or Access (propaganda theme 7)
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| moral imperative [news] [concept] | "we have to" | 1 | •Majestic plural •Nosism •Moral imperative •Categorical imperative
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| drug of abuse
illegal drugs [news] [concept] | cannabis various illegal drugs | | |
| drugs 90% [news] [concept] | various drugs | | |
| compassion club
compassion club [news] [concept] | "cannabis dispensaries" "marijuana dispensary" "dispensary" "dispensaries" | 11 | |
| legalization [news] [concept] | "legalized marijuana" "legalized" | 2 | •mapinc.org/decrim.htm
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| psychoactive chemical
chemicals 50% [news] [concept] | alcohol | | •erowid.org/chemicals/chemicals.s...
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plants [news] [concept] | cannabis | | •erowid.org/plants/plants.shtml
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| intoxicant [news] [concept] | cannabis | | |
| depressant intoxicant 50% [news] [concept] | alcohol | | |
| hemp [news] [concept] | "hemp" | 32 | •mapinc.org/hemp.htm •drugwarfacts.org/hemp.htm
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| medical cannabis [news] [concept] | "medical cannabis" "medical marijuana" "medical and recreational marijuana" "marijuana plants with less than 1% THC. Medical" compassion club | 28 | •medicalmarijuanaprocon.org/ •drugwarfacts.org/medicalm.htm •mapinc.org/mmj.htm •mapinc.org/find?253 •Cannabis Treats Anxiety, Depression And Activates Pathways That Regulate Emotional Behavior (2014) •The Flower (video cartoon)
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| alcohol 50% [news] [concept] | "alcohol" | 1 | •Stanton Peele Addiction Web Site •drugwarfacts.org/alcohol.htm •Pot Threatens Booze Profits
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| cannabis [news] [concept] | "marijuana" "cannabis" "THC" "tetrahydrocannabinol" "CBD" medical cannabis hashish hemp reefer madness cannabis industry | 65 | •Cannabis: Religious and Spiritual Uses •Cannabis-Driving Studies •MAPInc.org Cannabis Link DB •medicalmarijuanaprocon.org •cannabisculture.com •Schaffer Library: Marijuana •drugwarfacts.org/marijuan.htm •mapinc.org/pot.htm •U.S. Prisons Thriving on Jim Crow Marijuana Arrests (2013)
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| hashish [news] [concept] | "cannabis oil" | 3 | •Charas •Hashish •erowid.org/plants/cannabis/#hashish
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| cannabis industry 85% [news] [concept] | "marijuana industry" "cannabis market" | 4 | •https://www.newcannabisventures.... •google.com/search?q=industry+can...
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| reefer madness
reefer madness 50% [news] [concept] | "mental health. "The medical marijuana" | 1 | •Link Between Marijuana and Mental Illness •Relief from Schizophrenia using Cannabis •Study Indicates Cannabis-Associated Psychosis Risk Is Minimal •Study: Pot Doesn't Exacerbate Schizophrenia •Cannabis Use May "Improve" Brain Function In Schizophrenics, Study Says •Distortion 18: Cannabis and Mental Illness •"Reefer Madness" •"Reefer Madness" 1936 screenplay •Hypnosis and "Reefer Madness" •mapinc.org/topics/psychosis •mapinc.org/find?252 •Behavior Under Nazi Regime, vs Drug User Personality •Study: Marijuana Linked to Lower Mortality Rate for Patients with Psychotic Disorders (2012) •blog.norml.org/2015/02/24/norml-...
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| various drugs 90% [news] [concept] | "Drug" | 4 | |
| various illegal drugs [news] [concept] | "illicit drug" "illegal drug" "psychoactive" | 3 | •mapinc.org •drugwarfacts.org •DEA's Drugs of Abuse booklet •drugwarfacts.org/drugtest.htm
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| youth 60% [news] [concept] | propaganda theme5 | | •ssdp.org/ •mapinc.org/youth.htm
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| school [news] [concept] | "school" "university" | 5 | •ssdp.org/
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st:0.01 fo:0 s:0.01 d:0 c:0.04 db:0.117 a:1.25 m:1.23 t:2.86 (f) |
text of article used for CRITICAL ANALYSIS, under FAIR USE provisions of the Copyright Act of 1976, 17 U.S.C. § 107, et al.
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