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Tag: To Be BLunt

The Convergence, Overlap, and Confusion of the terms Hemp and Marijuana

Written by shayda Torabi on . Posted in Pop Culture. 1 Comment on The Convergence, Overlap, and Confusion of the terms Hemp and Marijuana

I recently came across a marijuana brand from California promote they are now launching a hemp line and it made me perk up because a new trend is emerging which I’ll unpack for you here.

When hemp became federally legalized in 2018 it specifically carved out legislation legalizing anything less than .3% Delta 9 THC so long as it was hemp derived to be legal across all 50 states.

This legislation was specifically addressing hemp, leaving marijuana as anything classified as over that .3% Delta 9 THC threshold a Schedule 1 substance and restricted to a state by state framework of laws.

Now with that information what exactly is hemp? Sure you’ve heard of hemp seeds, or using the stock for fiber. But is it that much different than marijuana? Doesn’t CBD exist in both, same for THC?

Without getting too much into the weeds of the conversation, because it really can be a long unraveling rather quickly. I want to paint a picture of what is happening and speculate where I think things are going to head.

Originally with the passing of the farm bill, you had regulated states like California selling marijuana products, and then in states like here in Texas where we dont have regulated marijuana, you saw the emergence of hemp products.

Shayda Torabi

When we first entered the market with RESTART, we were only selling CBD, so at that time back in 2018/2019, there was more or less a clearly defined lane between the two sides.

But I want to bring you back to that dividing line, specifically it is quantified as the total amount of THC present, because that is what qualifies something as hemp which can be federally legal, or marijuana which is only legal within the specific state in which it is legalized within. 

Of course, since those early years we’ve seen a rapid evolution in not only cannabinoid discovery but in the productization of those cannabinoids.

So now we’re in 2023, and we clearly have begun to see these lines blur, especially with the introduction of cannabinoids like Delta 8 THC as well as hemp derived Delta 9 THC. So long as the Delta 9 content is less than .3% on a dry weight basis, it is within the bounds of the law, right?

A CBD Pre-Roll burnt.

However, a question I keep butting up against is who is going to regulate these cannabinoids?

Does what we’re seeing being sold as hemp actually qualify as regulated marijuana? Perhaps not by the definition, but by the intention of the product?

Should we get rid of the names “hemp” and “marijuana” altogether and evolve towards a broad encompassing term like cannabis? Or what about consumable cannabinoids compared to agricultural hemp?

I think what we’re witnessing which initially was a division from regulated marijuana markets about the reputation of hemp is now an acknowledgment about how they can operate without the boundaries and restrictions of these regulated programs where their marijuana can’t cross state lines like their hemp product lines can. 

And with the protection of hemp from a legal perspective, it’s opening up a conversation for marijuana brands struggling to navigate the regulated market due to poor regulation and taxation to find relief within the confines of the farm bill to execute with more runway. 

When you look at what could come next, you need to pay attention to the legalities always. 

Despite hemp being federally legal, you now have states cracking down on specific language relating to some of these cannabinoids. For example, Colorado has made the production and sale of Delta 8 THC illegal. 

So this isn’t to say that there is a free pass if you simply make and market your products as hemp.

However, I think the lines are becoming even more blurred not only for lawmakers, but certainly for operators and maybe that’s to the consumers benefit.

I’m curious what you think about this?

To me all regulated marijuana brands aside from cultivators could get in on this seemingly new revelation and have their products sold without boundaries and yet it also creates a whole other diversion from the plant and reintroduces us to the world of chemically derived cannabinoids.

We’re just scratching the surface, but to continue the conversation join me on tobebluntpod.com


When Will Cannabis Be Recreational in Texas?

Written by shayda Torabi on . Posted in CBD News & Business.

A popular question that comes up in my retail (RESTART CBD) is when will Texas recreationally legalize cannabis? And with the 88th legislative session currently in session as of January 10th, 2023, a good reminder is that, in Texas, bills become law during legislative session. 

PLEASE NOTE: Recreational legalization is also referred to as “Adult Use”.

So now is a really good time to break down the aforementioned question with timing and history in consideration.

Let’s begin by defining the word “legalize”- according to Oxford Languages it is to “make (something that was previously illegal) permissible by law.” 

Texas is one of the more slow moving states on Cannabis because of the Conservative Leadership in State Government.

The whole reason we’re advocating for cannabis legalization in Texas is because starting in 1915, El Paso was the first US city to individually restrict cannabis. It would go through further restrictions up until the possession of cannabis was banned statewide in 1931. And until 1973 it would remain classified as a narcotic with the possibility of life sentences imposed for possession of small amounts. 

In June 1973, House Bill 447 was signed into law to significantly reduce penalties for cannabis offenses. Prior to its passage Texas had the harshest cannabis laws of any state in the nation, with possession of any amount classified as a felony offense punishable by two years to life in prison. With the passage of the bill, possession of up to two ounces was reduced to a class B misdemeanor, punishable by a $1000 fine and prison sentence of no more than 180 days. 

Fast forward to June 2015 when Governor Greg Abbott signed Senate Bill 339 – the Texas Compassionate Use Act (TCUP) – to allow the use of low-THC cannabis oil (less than 0.5% THC) for the treatment of epilepsy. (For those of you who may be unaware, TCUP is our states medical marijuana program.)

Then in June 2019 House Bill 1325 was also signed into law by Governor Abbott to legalize the cultivation of industrial hemp (cannabis containing less than 0.3% THC). This bill also legalized possession and sale of hemp-derived CBD products without need for a doctor’s approval as compared to the TCUP program. 

Now let’s pause right there, because for the last four years some interesting things have shifted for TCUP and for hemp in Texas. During the 2021 87th legislative session, we saw the TCUP program expand to 1% THC and added conditions including all forms of cancer and PTSD. And in the hemp, the Texas Supreme Court upheld the ban on the manufacturing and processing (but not sale) of smokable hemp in June 2022.

Getting back to the question at hand, when can we expect to see cannabis recreationally legalized in Texas? Personally speaking, I think you have to take into consideration Texas’ timeline. We meet every two years as a state, and TCUP is capped at 1% right now amongst other setbacks the program has. I anticipate the TCUP program will try to expand yet again this legislative session but how much is yet to be determined, so more to come at the end of May when session ends.

I also encourage you to look into the differences between a medical marijuana program (our current version is TCUP) and adult use recreation. Medical marijuana programs require a doctor sign off to essentially to qualify you into the program. Compared to adult use recreational where it is more akin to purchasing alcohol once you are of legal age.

The variations of the program types are what we’re fundamentally discussing, and to see what and when Texas might make her move, we should look to some other states programs for examples of what to expect.

Missouri is a great example of a shorter timeline between medical- which was legalized in 2018, and adult use recreation- which was legalized in 2022, just four years later. Or compare that to Illinois who legalized medical in 2014 and adult use in 2020, so six years later.

Now on the other end, you have states like Arizona who legalized medical in 2010 and it took them a decade to legalize adult use recreation in 2020. Or another Texas neighbor, New Mexico legalized adult use recreation in 2022, and that was after 15 years of medical which was legalized in 2007. 

The main takeaway is it is going to take time to go from a mature, key word mature, medical marijuana program to an adult use recreational program. And considering Texas meets every two years, and our current TCUP/Medical marijuana program is capped at 1% and there are other limitations to their program, I anticipate that getting sorted out in the next two to six years in legislation before you begin to see recreational legalization on the horizon.

Another major plot twist to throw into all of this is the fact that during this time, hemp became federally legal and state legal allowing for up to .3% Delta 9 THC on a dry weight basis. Almost all these mature marijuana states like Colorado, California, and Oregon legalized medical, then adult use, then hemp. But in Texas we have a different call to order. We’re slowly expanding medical into a mature program, then hemp became legalized, and we’re still advocating for adult use.

I’m not going to pretend like I know how things are going to go in Texas, but I’m paying attention to the market across our the United States and paying attention to Texas politics. It’s going to be an exciting Texas Legislative session, and I hope you’ll be following along. I’m a part of an organization called the Texas Hemp Coalition, they are going to be leading a lot of advocacy and policy work for the hemp industry this session, so if you want to get more involved please check them out. Otherwise conversations like this can always be found at ToBeBluntpod.com.

Cannabis Marketing Business

Written by shayda Torabi on . Posted in Cannabis News.

I was recently handed a box of about 24 unlabeled products in bags and asked to review the quality and effectiveness of said products, which varied from topical’s and oils to edibles.

This wasn’t the first time I had been asked to judge something in the cannabis industry, in fact, I’ve participated as a judge in a handful of national competitions which, I’ll admit, have all respectively had their faults.

Look, I’m not here to pick on this one example, it’s just the most recent one in a series of examples, but rather use it as a jumping-off point for what I would have loved to see happen instead, and encourage how we as an industry should be leaders instead of followers.

For the record, I’m pretty sure there isn’t a standard manual on how to run an effective cannabis event. If you could see me now, I’m half smirking as I write this because I know (from interviewing hundreds of cannabis entrepreneurs all over the world for my podcast, To Be Blunt) just how inconsistent the laws and regulations are in our industry in general, let alone the nuanced world of events.

But as nuanced as it is, it is a massive opportunity for everyone involved. And it comes down to implementing best practices that put safety and education at the forefront.

Prior to founding RESTART CBD in 2018, I used to work in corporate technology, but specifically, I was an event and brand manager for about 6 years. So I will also go out on a limb and say I know pretty well firsthand the benefit of events from both a brand perspective and also as a consumer who has attended hundreds of events in my lifetime.

I’m not here to say don’t go to events or don’t waste your time participating in them, events are great for exposure and connecting directly with your target audiences. Instead, I want to reflect on how we as an industry can put our best foot forward and lead by example.

If you check out the podcast, I encourage you to listen to episode 96 with Tim and Taylor Blake who are the founders and producers of The Emerald Cup, the largest cannabis competition in the world. THE WORLD. Yes, they’ve been producing this event since 2003, and a lot has changed since then which we get into more detail in the episode, but one of the questions I had for them was around the competition aspect of their event.

On one end, the winners of The Emerald Cup go on to experience a huge uptick in their business. Winning this particular competition has bragging rights that go on into infinity, so from a brand marketing perspective, it absolutely benefits brands to compete because winning can do wonders for your business.

On the other hand, you have the operations of the event to navigate. As an event producer, how are you capturing these entries, what do you ask for to gauge quality assurance, and what all goes into your judging process to guarantee you’re evaluating these brands properly?

This was the big aha for me personally at least, while it’s all fun and games to do events and participate in competitions, at the end of the day, all these products, every single one of them are being sold to a consumer. How they’re packaged, how they’re labeled, what COAs are attached, and how they make someone feel are all pieces of determining the “quality and effectiveness”. They are consumer packaged goods after all, and that point is where I continually get hung up on from my own personal experiences with cannabis events and competitions.

You see, I was taken aback at the unmarked products in blank bags. I understood the intention was for blind judging, but as someone who promotes frequently to my own customers to read labels, ingredients, and packaging, to be presented with absolutely none of that information didn’t settle well (and yes I did share this feedback directly, and ultimately decided not to participate until better parameters were set in place.)

Aside from handling it directly, It was equally important to talk about it publicly since this isn’t about one person in particular, but about all of us as a community setting standards and standing by them.

In an industry where 5mg vs 10mg of a particular cannabinoid can produce a different effect, it is extremely important for me to emphasize to the brands as well as consumers reading this that integrity and efficacy are absolutely essential in establishing credibility for our industry.

In previous events I’ve judged, I remember being shocked to see products labeled with QR codes that 404’d, which as a legally licensed brand operating in Texas Hemp is a requirement to have functioning on your packaging. To me, what you put on your label is step one of building quality assurance with the consumer market, and yet here were brands, going after an award with basic information lacking. I genuinely felt and feel bad for consumers who are left in the dark by these brands and their products.

Yes, there are certainly bad actors out to make a quick buck, and I always encourage the buyer to be aware. But I also sincerely believe that there are great Texas cannabis operators who believe in this plant and are looking for best practices, so I hope you hear the heart of my message.

When we avoid or don’t address these discrepancies they continue to pile up, I want to address them so we can improve together. I want to see brands and events thrive, but I also want to remember who we’re in business for at the end of the day, and that is for the consumer.

So how we show up, whether it is on a label, or at an event, really can improve the industry by providing necessary information for consumers to make educated decisions on what they are putting in their bodies.

Listening to my episode with The Emerald Cup on To Be Blunt has a lot of great insight that we can all learn from as we work together to professionalize cannabis for consumer consumption.

TO Be Blunt

Written by texashempreporter on . Posted in CBD.

The moment I went from being a cannabis consumer to a cannabis brand owner, everything shifted. It’s like picking the red pill vs the blue pill, pick the blue pill and you can stay unaffected, unaware, and in contented ignorance. But pick the red pill and you are in for a truthfully rude but rewarding awakening.

That’s exactly how I felt when I launched RESTART CBD in 2018. I was now confronted with having to pick, and once I did, there was no going back.

Growing up I was a cannabis consumer. I was curious, passionate, and quite frankly, a regular. Austin, Texas had some effect on that being the live music capitol that it is. But I was also shielded. While marijuana wasn’t formally legal, our town is known for its relaxed stance on the plant.

Yes, legalization was a trending topic, but I knew it would be a long-shot before Texas got its head into the game. Plus, up until founding my own company, I had employers, and didn’t want to get myself tangled up in cannabis laws and regulations. It seemed daunting to even consider where to begin.

And then in 2015, as a pedestrian, I was hit by a car. I fractured my pelvis in two places and turned to cannabis as medicine. It soothed me and helped me heal, and in particular CBD was the active cannabinoid I accredited a lot of my pain relief to.

So when we launched RESTART CBD, my history with both personal appreciation as well as personal recovery from this plant was the foundation for our brand. But I didn’t go into it thinking this is how I’m going to change the world.

I did, however, know that by telling my story, I could help impact someone else who was on the fence about cannabis. I had short term vision in what would turn into a long term pursuit.

Quickly my one-on-one conversations with consumers began to multiply. I was watching this industry unfold before my eyes, right here in my home state, and I was a helping hand in that development.

I remember thinking early on in 2019, after we had been in business for a few months, wondering what the regulatory process was like and considering how to get involved. I determined that instead of waiting and being reactionary to the industry, I would be proactive and participatory in how things were rolling out.

Now that I was self employed and embarking on this emerging industry in not only Texas, but really in our nation, I decided I would take the red pill and journey into the unknown.

The work that I and others are doing in the industry is extremely important and perhaps this resonates with you as well.

The point that I’m trying to make is we are just in the beginning stages of a very turbulent endeavor. We’ve had smokable bans thrown at us, FDA warnings sent to prevent deviating from the law, and legislative sessions that seem like they’re going to make history for better and for worse all at the same time.

We have also made incredible discoveries of new and emerging cannabinoids. Hemp’s federally legal status has allowed for more cannabis related research on it’s long term effects relating to treatments and diseases.

In my short but deep time in the industry, I’ve learned a lot from running a cannabis business.

There is so much to unpack and understand. The nuances of the industry could keep you up at night. It can be overwhelming, but can also be rewarding. Both for the good and the bad guys.

There will be people who want to make a quick buck, game the system, and exploit cannabinoids to unassuming consumers. I see it happening every day. They exist and will continue to exist. You will have to navigate around them.

But there will also be people who are dedicated to making genuine change in this industry. And I’m a big believer in making the impact in your own backyard. So while it may feel like you’re taking on a mountain, you really just have to focus on your next best step.

Look, I’m not the enforcement agency. I’m truly just a die hard Texan who seeks to see her state have proper cannabis laws. And I’d be lying if I said I didn’t hope for a future where I would have access to continue to sell, work, and educate in an industry that I love.

The hard truth is, we don’t know what the future holds. We can’t project how the politics and policies that govern this plant at a state and federal level will go. But we can sure as hell pull a chair up and ask a lot of questions.

It starts with you.

There are some amazing organizations who are truly dedicated to helping make change happen. I highly recommend getting involved with as many as you can.

Texas NORML has been a key resource from the beginning for me, in keeping me both aware of what is happening, as well as providing me with a path towards action. Another organization that has recently emerged is the Texas Hemp Coalition. As a business, I am in business for the consumer, and as part of that I need to band together with people who are motivated by similar reasons.

Working with both organizations has been integral in helping me be able to leave a mark in an industry that has given me so much.

We can make change, but we have to make the choice to do so first.

Which pill will you take?

This column is an extension of the To Be Blunt podcast, new episodes every Monday at tobeblunt.buzzsprout.com, and I’d love to personally connect with you on IG @theshaydatorabi.